An Abortion Clinic Incident Report is required to be submitted within 10 days after an incident occurs. The Agency is revising the rule to require submission of an abortion clinic incident report online via the Adverse Incident Reporting System (...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-9.029Abortion Clinic Incident Reporting for Second Trimester Abortions

PURPOSE AND EFFECT: An Abortion Clinic Incident Report is required to be submitted within 10 days after an incident occurs. The Agency is revising the rule to require submission of an abortion clinic incident report online via the Adverse Incident Reporting System (AIRS) rather than by paper submission.

SUMMARY: The Agency is revising Rule 59A-9.029, F.A.C., to require submission of an abortion clinic incident report online rather than by paper submission.

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: 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. 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: 390.012(1) FS.

LAW IMPLEMENTED: 390.012(3)(h) 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: July 9, 2019, 9:00 a.m. – 10:30 a.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room D, 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, Bureau of Health Facility Regulation, 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 at [phone] or email at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-9.029 Abortion Clinic Incident Reporting for Second Trimester Abortions.

This section shall apply to incidents involving patients receiving second trimester abortions in any abortion clinic providing second trimester abortions. An abortion clinic shall maintain a record of each incident that results in serious injury as defined in Section 390.012(3)(h)1., F.S., to a patient or a viable fetus.

(1) No change.

(2) The report must be submitted on the Abortion Clinic Incident Report Form, AHCA Form 3130-1003OL, March 2019 3130-1003, July 2016, which is hereby incorporated by reference. The form is only accepted electronically and is available at: http://ahca.myflorida.com/SCHS/RiskMgtPubSafety/RiskManagement.shtml. A copy of the form can also be found at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-07599, 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 Agency website at: http://ahca.myflorida.com/HQAlicensureforms.

(3) No change.

Rulemaking Authority 390.012(1) FS. Law Implemented 390.012(3)(h) FS. History–New 9-25-06, Amended 4-5-17,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Plagge

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mary C. Mayhew

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 05/31/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 04/03/2019