The Board proposes the rule amendment to clarify disciplinary guidelines.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-55.0021: Discipline of Electrolysis Facilities
PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify disciplinary guidelines.
SUMMARY: Disciplinary guidelines will be clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting Allen Hall, Executive Director, at the address listed below.
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.
SPECIFIC AUTHORITY: 456.037, 478.43(1) FS.
LAW IMPLEMENTED: 456.072(2)(c), (d), 456.037, 478.52(1)(k), (2)(b), (c), (f) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Electrolysis Council/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-55.0021 Discipline of Electrolysis Facilities.

Any business establishment that provides electrolysis services must have an active status license in order to provide such services. Failure to obtain and maintain an active status license as a licensed electrolysis facility pursuant to Rule 64B8-51.006, F.A.C., shall be subject to discipline as follows:

(1) A business establishment offering electrolysis services without an active status license shall:

(a) Cease and desist offering such services:

(b) Make application for a current status license pursuant to Rule 64B8-51.006, F.A.C., if the business establishment wishes to offer electrolysis services;

(c) Pay a fine equal to all licensure and renewal fees that would have been due for the time of operation without an active status license up to a maximum of $5,000 and denial of license.

(2) Any electrolysis facility with an active status license that employs or permits an unlicensed person to deliver electrolysis services shall be subject to discipline as follows:

(a) Cause the unlicensed person to cease and desist from the delivery of electrolysis services;

(b) The facility licensure shall be suspended or revoked for up to one year;

(c) The facility shall be subject to a fine of up to $1,000.

Rulemaking Specific Authority 456.037, 478.43(1) FS. Law Implemented 456.072(2)(c), (d) 456.037, 478.52(1)(k), (2)(b), (c), (f) FS. History–New 3-1-00, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrolysis Council
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 6, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 6, 2009