The purpose of the rule amendment is to update the rule text to reflect minor and mediation acceptable violations and remove language no longer needed.

 

DEPARTMENT OF HEALTH

Board of Acupuncture

RULE NOS.:RULE TITLES:

64B1-9.003Notice of Noncompliance

64B1-9.006Mediation

PURPOSE AND EFFECT: The purpose of the rule amendment is to update the rule text to reflect minor and mediation acceptable violations and remove language no longer needed.

SUMMARY: To update text and remove text no longer needed.

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: 120.695, 456.073(3), 456.078 FS.

LAW IMPLEMENTED: 120.695, 456.073(3), 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: Kama Monroe, JD, Executive Director, Board of Acupuncture, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B1-9.003 Notice of Noncompliance.

(1) No change.  

(2) The Board designates the following as minor violations for which a notice of noncompliance may be issued for the first violation thereof:

(a) fFailure to provide written notice of a licensee’s current mailing address and place of practice in violation of Rule 64B1-7.004 6.100, F.A.C.

(b) Failure to complete required credit hours of approved continuing education during a license biennium required by Rule 64B1-6.003, F.A.C., on the condition that the licensee has completed 75% of the continuing education requirement, and the licensee completes the remaining 25% of the requirement within 120 days of the renewal date.

(c) Violation of subsections 64B1-5.007(5) through (7), F.A.C.

Rulemaking Authority 120.695, 456.073(3) FS. Law Implemented 120.695, 456.073(3) FS. History–New 5-19-96, Formerly 59M-9.003, Amended 5-24-04,                       .

 

64B1-9.006 Mediation.

(1) No change.  

(2)(a) The Board finds that mediation is an acceptable method of dispute resolution for the first following alleged violations: of failure to conspicuously identify the licensee by name in an advertisement, in violation of Rule 64B1-9.007, F.A.C.

(b) Failure of the licensee to timely respond to a continuing education audit.

Rulemaking Authority 456.078 FS. Law Implemented 456.078 FS. History–New 5-31-04, Amended                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Acupuncture

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Acupuncture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 28, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2019