the North Naples Fire Control and Rescue District; The petition was denied in part and granted in part as follows: 1. Questions 1 through 4 in the petition concern the actions of a person other than the Petitioner. A declaratory statement is not the ...

DEPARTMENT OF HEALTH
Division of Emergency Medical Operations

Rule No.: RULE TITLE
64J-1.004: Medical Direction
NOTICE IS HEREBY GIVEN THAT the Department of Health, Division of Emergency Medical Operations, Bureau of Emergency Medical Services has issued an order disposing of the petition for declaratory statement filed by the North Naples Fire Control and Rescue District on April 09, 2010. The following is a summary of the agency's disposition of the petition:
The petition was denied in part and granted in part as follows: 1. Questions 1 through 4 in the petition concern the actions of a person other than the Petitioner. A declaratory statement is not the appropriate means to determine the conduct of another person. Rule 28-105.001, F.A.C. Therefore, the petition as regards these questions is DENIED. 2. Question 5 in the petition requires an interpretation of corporate law, a matter over which the Department has no authority. Rule 28-105.001, F.A.C. Therefore, the petition as regards this question is DENIED. 3. Question 6 inquires as to whether the Petitioner can limit a medical director’s authority by providing that all training requirements be developed with a third party. The petition regarding this question is GRANTED. The answer is NO. The statutory authority is the medical director’s alone and is not shared or limited by external agreements. In re: Miami-Dade Fire Rescue, Petition for Declaratory Statement, DOH 2007-0102.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Melia Jenkins, Bureau of Emergency Medical Services, 4052 Bald Cypress Way, Bin #C18, Tallahassee, FL 32399, Fax: [phone], [e-mail].