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:

64B32-5.008Notice of Noncompliance

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: 120.695, 456.073, 468.065(1)(x) FS.

LAW IMPLEMENTED: 120.695, 456.073(3) 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:

 

64B32-5.008 Notice of Noncompliance.

In accordance with Sections 120.695 and 456.073, F.S., the Department is authorized to Board shall issue a notice of noncompliance as a first response to a minor violation of a rule in any instance in which it is reasonable to assume that the violator was unaware of the rule or unclear how to comply with it. A minor violation is one which does not endanger the public health, safety, and welfare and which does not demonstrate a serious inability to practice the profession. Failure of a licensee to take action to correct the violation within 15 days shall result in either the issuance of a citation when appropriate or the initiation of regular disciplinary proceedings. The minor violations for which the Department is authorized to issue shall result in a notice of noncompliance are:

(1) No change.

(2) Non-intentional issuance of a bad check to the Department under Section 468.365(1)(l) 486.365(1)(x), F.S.

(3) 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.

Rulemaking Authority 120.695, 456.073(3), 468.365(1)(x) FS. Law Implemented 120.695, 456.073(3) FS. History–New 5-31-04, Amended_________.

 

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