To update the rules governing enforcement of the Clean Indoor Air Act to include vaping and to update the application form for approval of a smoking cessation program to include vaping as required by recently enacted legislation.

 

DEPARTMENT OF HEALTH

Division of Health Access and Tobacco

RULE NOS.:RULE TITLES:

64I-4.001Investigation Procedures for Complaints and Notifications of Observed Violations

64I-4.004Fines

64I-4.005Smoking Cessation Program Approval

PURPOSE AND EFFECT: To update the rules governing enforcement of the Clean Indoor Air Act to include vaping and to update the application form for approval of a smoking cessation program to include vaping as required by recently enacted legislation.

SUMMARY: This rulemaking updates the physician workforce survey forms that each medical doctor and osteopathic physician is required to complete at license renewal.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 386.207, 386.2125, FS.

LAW IMPLEMENTED: 381.0012, 386.2045(5), 386.206, 386.207, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonja Bradwell, 4052 Bald Cypress Way, Bin C-23, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64I-4.001 Investigation Procedures for Complaints and Notifications of Observed Violations.

(1) through (3) No change.

(4) During an on-site inspection all violations of the FCIAA shall be documented.

(a) No change.

(b) Evidence of the use of an electronic smoking device that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe or other similar device or product shall be documented as “Vaping in a prohibited area.”

(c)(b) Inability to produce a written policy prohibiting smoking or vaping in the enclosed indoor workplace shall be documented as “Failure to develop a no smoking/no vaping policy.”

(d)(c) If a violation of the no smoking/no vaping policy is observed or if evidence of smoking or vaping is observed after the proprietor or other person in charge was made aware of a violation it shall be documented as “Failure to implement a no smoking/no vaping policy.”

(e)(d) If the proprietor or other person in charge where a smoking or vaping cessation program, medical research, or scientific research is conducted does not conspicuously post, or cause to be posted, signs designating areas where smoking or vaping is permitted for such purposes shall be documented as “Failure to post signs designating smoking/vaping permitted areas.”

(5) through (6) No change.

Rulemaking Authority 386.207, 386.2125 FS. Law Implemented 381.0012, 386.206, 386.207 FS. History–New 2-27-94, Amended 4-2-96, Formerly 10D-105.008, 64D-1.001, Amended 11-5-02, 8-16-04, Formerly 64E-25.001, Amended 5-25-08, 8-19-15,           .

 

64I-4.004 Fines.

When the proprietor or other person in charge of an enclosed indoor workplace has been notified of observed violation(s) upon receipt of the department’s notice to comply letter and has failed to correct the violation(s) within thirty (30) days, the department shall assess fines in accordance with the following fine schedule and the provisions of Chapter 120, F.S.

	First	Second	Third
	Offense	Offense	Offense
Smoking or vaping permitted in prohibited area:	$250.00	$500.00	$1,000.00
Failure to develop a no smoking/no vaping policy:	$250.00	$500.00	$1,000.00
Failure to implement a no smoking/no vaping policy:	$250.00	$500.00	$1,000.00
Failure to post signs in an enclosed indoor workplace where a smoking or vaping cessation program, medical research, or scientific research is conducted:	$250.00	$500.00	$1,000.00

Rulemaking Authority 386.207, 386.2125 FS. Law Implemented 381.0012, 386.206, 386.207 FS. History–New 2-27-94, Amended 4-2-96, Formerly 10D-105.012, 64D-1.004, Amended 8-16-04, Formerly 64E-25.004, Amended 8-19-15,             .

 

64I-4.005 Smoking or Vaping Cessation Program Approval.

If a smoking or vaping cessation program is conducted within an enclosed indoor workplace and requires smoking or vaping during its sessions, the department must approve the program in order to permit smoking or vaping within an enclosed indoor workplace. Programs seeking such approval must submit a completed Department of Health Application for Smoking or Vaping Cessation Programs, DH9000-CHP-06/2015, effective 08/2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05705, or by email at [e-mail].

Rulemaking Authority 386.207, 386.2125 FS. Law Implemented 386.2045(5), 386.206, 386.207 FS. History–New 8-16-04, Formerly 64E-25.005, Amended 8-19-15,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sonja Bradwell

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 26, 2019