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.

SUMMARY: The Agency will address registration requirements for abortion referral or counseling agencies.

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.

For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

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 this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 390.025(5), FS.

LAW IMPLEMENTED: 390.025, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, May 3, 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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Jessica Munn, Hospital & Outpatient Services Unit, 2727 Mahan Drive, Tallahassee, Florida, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica Munn, Hospital & Outpatient Services Unit, Bureau of Health Facility Regulation, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE 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-XXXX 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                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Munn

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 13, 2017