Currently the Division of Vocational Rehabilitation (VR) reviews each individual written request for a waiver of confidentiality and the release of protected and confidential client information to determine if it is adequate ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-25.012Confidentiality and Release of consumer Information Records

PURPOSE AND EFFECT: Currently the Division of Vocational Rehabilitation (VR) reviews each individual written request for a waiver of confidentiality and the release of protected and confidential client information to determine if it is adequate for use. This rule revision will adopt a single waiver of confidentiality form as a required part of rule to streamline VR’s review and approval process and ensure all requests for client information meet the requirements set forth in law.

SUMMARY: This rule currently governs the procedures and rules for altering, amending or sharing protected information contained within the Vocational Rehabilitation Case Record of a client. Currently the agency reviews each individual written request for a waiver of confidentiality and release of protected and confidential client information to determine if it is adequate for use.

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: The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or other factors in s.120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are expected.

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: 413.22, 1001.02, F.S.

LAW IMPLEMENTED: 413.24, 413.28, 413.30, 413.341, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 29, 2024, 9:00 a.m.

PLACE: Miami Dade College, Wolfson Campus, 254 N.E. 4th St., Building 3, Chapman Conference Room 3210, Miami, FL 33132.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Victoria Gaitanis, Division of Vocational Rehabilitation, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-25.012 Confidentiality and Release of Cconsumer Information Records.

(1) through (2) No change.

(3) Upon the submission of a signed request Form DOE/VR-VCMT066, Individual’s Waiver of Statutory Confidentiality Rights (DOS link)(effective July 2024) adopted herein by reference, by written request of the applicant or individual, the division may release the same information to third parties that it could release to the applicant or individual or the applicant’s or individual’s representative. HIV/AIDS information shall not be released unless such release is specifically requested in writing by the applicant or individual or the applicant’s or individual’s representative.

(4) No change.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30, 413.341 FS. History–New 5-14-12, Amended

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Victoria Gaitanis, Division of Vocational Rehabilitation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 1, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 1, 2024