DEPARTMENT OF HEALTH
Council of Medical PhysicistsRULE NO.:RULE TITLE:
64B23-2.001Documentation for LicensureNOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 38, No. 93, December 18, 2012 issue of the Florida Administrative Register.
The corrections are being made in response to concerns from the Joint Administrative Procedures Committee.
The statement of legislative ratification should read:
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: This rulemaking updates application questions and removes substance abuse and mental health history questions from the application. The rule text removes the requirement for providing a passport photo. The rule does not impose any increase in licensure fees. Questions 10., 11., 12., 13., 14., and 15.of the revised application impose mandatory information gathering requirements for applicants, made necessary by s. 456.0635 F.S. Any regulatory costs associated with answering these questions are actually imposed by statute. The other new or revised applicant history questions implement the legislative intent found in s. 456.003 Florida Statutes and one or more of the following licensure fitness provisions of Chapter 456 F.S.: Section 456.072 (1) (v), 456.063 related to sexual misconduct in the practice of any profession; section 456.072 (1) (f) for prior licensure denials and discipline; section 456.072 (1) (c) for crimes related to the practice of a profession. The program estimates that there will be approximately 50 medical physicist licensure applications filed per year for the next 5 years based on approximately 100 having been filed in the past 25 months. Recent experience with the current application form indicates that approximately 5% of the applicants have reported criminal histories in response to the questions. A projection of these numbers indicates that if 250 applications for licensure are received in the next five years and even if the percentage of history applicants (crimes and other potential disqualifiers) per year doubles to 10% because of the new questions, only 25 applicants would possibly be affected by the new and existing application history questions. Therefore, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
The Rulemaking Authority should read:
RULEMAKING AUTHORITY: 456.004, 456.013, 483.901(6)(a)(b) FS.
