The proposed rule amendment clarifies and updates the rule language for probable cause determination.

 

DEPARTMENT OF HEALTH

Board of Nursing Home Administrators

RULE NO.:RULE TITLE:

64B10-14.002Probable Cause Determination

PURPOSE AND EFFECT: The proposed rule amendment clarifies and updates the rule language for probable cause determination.

SUMMARY: To clarify and update the rule language regarding probable cause determination.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 456.073(1), 456.073(4), 468.1685 FS.

LAW IMPLEMENTED: 456.073 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: Dayle Mooney, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin # C-07, Tallahassee, Florida 32399-3257, [phone], or by email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B10-14.002 Probable Cause Determination.

(1) No Change.

(2) The probable cause panel shall be composed of at least two (2) but not more than three (3) members, one of whom is authorized to be a past Board member.  Any former professional board member serving on the probable cause panel must hold an active valid license for that profession.  The probable cause panel shall be appointed by the Board Chair.

 Rulemaking Authority 456.073(1), 456.073(4), 468.1685 FS. Law Implemented 456.073 FS. History–New 12-26-79, Amended 12-11-80, Formerly 21Z-14.02, 21Z-14.002, 61G12-14.002, Amended 8-1-95, 7-21-97, Formerly 59T-14.002, Amended 5-23-10,                 .

  

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing Home Administrators

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing Home Administrators

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2024