The Agency is proposing to amend Rule 59A-11.024, F.A.C., to address an existing rule review by the Joint Administrative Procedures Committee. The Agency will address requirements for food service within a birth center.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-11.024Food Service

PURPOSE AND EFFECT: The Agency is proposing to amend Rule 59A-11.024, F.A.C., to address an existing rule review by the Joint Administrative Procedures Committee. The Agency will address requirements for food service within a birth center.

SUMMARY: The Agency will update birth center rules for food service to align with current food safety practices and remove references to a rule administered by the Department of Health.

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: 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: 383.309 FS.

LAW IMPLEMENTED: 383.308, 383.309 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: September 10, 2019, 2:00 – 3:30 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room B, 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 at [phone] or email at [e-mail].. 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-11.024 Food Service.

In birth centers where food is provided to the clients.

(1) Each birth center may serve only ready-to-eat foods and beverages to clients and support persons, or allow clients and support persons to bring in their own ready-to-eat foods and beverages. All food service areas shall comply with chapter 64E-11, F.A.C.

(2) Each birth center must have kitchen facilities and equipment available to store ready-to-eat foods and beverages.  Equipment must include handwashing facilities and a refrigerator. Birth centers with three or less birthing rooms shall have facilities and equipment that is consistent with those found in single family dwelling units.

(3) Ready-to-eat foods and beverages requiring refrigeration must be stored at 41 degrees Fahrenheit or below. Birth centers, with four or more birthing rooms, and in which food is provided to the clients shall comply with the prescribed equipment pursuant to chapter 64E-11, F.A.C.

(4) Kitchen refrigerator(s) must have a thermometer to display the temperature of the unit. If food is catered from outside sources, those sources must comply with chapter 64E-11, F.A.C.

(5) Only food and beverages shall be stored in the kitchen refrigerator(s). If the birth center policy limits the food service to light snacks supplied by the client or support persons there shall be an adequate refrigerator capable of maintaining a temperature of 45 degrees Fahrenheit or lower.

Rulemaking Authority 383.309, 408.819 FS. Law Implemented 383.308, 383.309 FS. History–New 3-4-85, Amended______, Formerly 10D-90.24, 10D-90.024.

 

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: 08/09/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 07/08/2019