The Agency proposes to update this rule to clarify registration requirements for abortion referral or counseling agencies.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-9.035Abortion Referral or Counseling Agency Registration

PURPOSE AND EFFECT: The Agency proposes to update this rule to clarify registration requirements for abortion referral or counseling agencies.

SUBJECT AREA TO BE ADDRESSED: The Agency will address registration requirements for abortion referral or counseling agencies.

RULEMAKING AUTHORITY: 390.025(5), FS.

LAW IMPLEMENTED: 390.025, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 2, 2017, 10:00 a.m. - 11:00 a.m.

PLACE: Agency for Health Care Administration, Conference Room D, 2727 Mahan Drive, Building #3, Tallahassee, FL 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jessica Munn, Hospital & Outpatient Services Unit, 2727 Mahan Drive, Tallahassee, Florida, [phone].

 

Please note that a preliminary draft of the reference material is available at http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Hospital_Outpatient/abortion.shtml

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

59A-9.035 Abortion Referral or Counseling Agency Registration.

(1) Registration pursuant to this Rule is only required of registrants who are not exempt from registration pursuant to subsection 390.025(4), F.S., and who are paid for the particular purpose of providing advice or assistance to persons in obtaining abortions or in pursuing alternatives to abortion.

(2)(1) All applicants requesting registration for the operation of an abortion referral or counseling agency under the provisions of Chapter 390, F.S., shall make application to the Agency on the Health Care Registration Licensing Application, Abortion Referral or Counseling Agency, AHCA Form 3130-1020, February 2017 July 2016, which is incorporated by reference. The form can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-07440, and from the Agency for Health Care Administration, Hospital and Outpatient Services Unit, Mail Stop #31, 2727 Mahan Drive, Tallahassee, Florida 32308 or on the Aagency website at: http://ahca.myflorida.com/HQAlicensureforms.

(3)(2) A registration fee as listed on the application shall accompany each application for initial or renewal registration. The fee shall be made payable to the Aagency and is not refundable.

(4)(3) Each registration shall be valid only for the registrant licensee to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a registration be valid for any premises other than for which it was originally issued.

(5)(4) A current registration shall be posted in a conspicuous place within the premises where it can be viewed by patients.

(6)(5) A registration, unless sooner suspended or revoked, shall automatically expire two years from the date of issuance, and shall be renewable biennially upon application for renewal and payment of the fee prescribed by the application, provided that the applicant and abortion referral or counseling agency meet the requirements established under Chapter 390, F.S., and Rule Chapter 59A-9, F.A.C.

Rulemaking Authority 390.025(5) FS. Law Implemented 390.025 FS. History‒New 10-24-16, Amended                 .