The Board proposes to the rule amendment to delete unnecessary language and to add new language to clarify the number of minor violations which can be resolved through citation, mediation, or notice of noncompliance.

 

DEPARTMENT OF HEALTH

Board of Respiratory Care

RULE NO.:RULE TITLE:

64B32-5.006Mediation

PURPOSE AND EFFECT: The Board proposes to the rule amendment to delete unnecessary language and to add new language to clarify the number of minor violations which can be resolved through citation, mediation, or notice of noncompliance.

SUMMARY: The rule amendment will to delete unnecessary language and to add new language to clarify the number of minor violations which can be resolved through citation, mediation, or notice of noncompliance.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature.

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: 456.078 FS.

LAW IMPLEMENTED: 456.078 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: Allen Hall, Executive Director, Board of Respiratory Care, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B32-5.006 Mediation.

(1) No change.

(2) For purposes of Section 456.078, F.S., the Board designates as being appropriate for mediation:

(a) First time Vviolations of subsection 64B32-6.001(2), F.A.C., failure to timely respond to a continuing education audit.

(b) Failure to notify the Department of a change of address as required by Rule 64B32-1.006, F.A.C., if there is a dispute and the Respondent did not timely respond to a notice of noncompliance.

(c) Non-intentional iIssuance of a bad check to the Department under Section 468.365(1)(l), F.S., if there is a dispute and the Respondent did not timely respond to a notice of noncompliance.

(d) through (f) No change.

(g) Failure to pay required fees, and/or fines, or costs in a timely matter as required by Rule 64B32-5.002, F.A.C. if disputed under Section 468.365(1)(i), F.S.

(h) Failure to turn over patient records as required by Section 456.057, F.S.

(i) Failure to provide the specific disclosure statement required by Section 456.062, F.S., which must appear in any advertisement for a free, discounted fee, or reduced fee service.

(j) Charging a patient or patient’s legal representative a fee for releasing patient records in excess of that authorized by Section 456.057(18), F.S.

Rulemaking Specific Authority 456.078 FS. Law Implemented 456.078 FS. History–New 3-21-95, Formerly 59R-74.005, 64B8-74.005, Amended 5-31-04,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Respiratory Care

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Respiratory Care

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 7, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 14, 2014