The Board proposes the rule amendment for needed updates regarding mediation offenses.

 

DEPARTMENT OF HEALTH

Board of Clinical Laboratory Personnel

RULE NO.: RULE TITLE:

64B3-12.004: Mediation Offenses

PURPOSE AND EFFECT: The Board proposes the rule amendment for needed updates regarding mediation offenses.

SUMMARY: The rule will be updated regarding mediation offenses.

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. 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: 456.078, 483.805(4) FS.

LAW IMPLEMENTED: 456.078 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: Anthony Spivey, Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B3-12.004 Mediation Offenses.

The Board designates the following violations of its practice act as being appropriate for mediation where the subject has an explanation and a differing view from the complainant as to the nature or extent of the violation as provided in Section 456.078, F.S., as these violations are economic in nature or can be remedied by the licensee:

(1) No change.

(2) Failure of the licensee to timely respond to a continuing education audit as required by subsection 64B3-11.001(7), F.A.C.

(3) through (4) renumbered (2) through (3) No change.

(5) Failure to complete continuing education in a specialty area solely because the subject contends that he or she was unaware that according to the Board’s records the subject is still licensed in that specialty area, provided that the subject has not been actively practicing in that specialty area during the biennium, as required by Rule 64B3-11.001, F.A.C.

Rulemaking Specific Authority 456.078, 483.805(4) FS. Law Implemented 456.078 FS. History–New 9-21-94, Formerly 59O-12.004, Amended 1-28-99, 2-24-04, 11-25-08,                               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Laboratory Personnel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Clinical Laboratory Personnel

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 26, 2017