The purpose and effect would be to repeal a portion of the rule that is difficult to administer.

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance

RULE NO: RULE TITLE
64B-9.001: Biennial Licensing
PURPOSE AND EFFECT: The purpose and effect would be to repeal a portion of the rule that is difficult to administer.
SUMMARY: The Department is removing from the rule a requirement that licensees not be allowed to renew their licenses to practice if they owe money or have outstanding obligations to the department. These licensees will continue to be referred to the department’s enforcement section.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The agency has determined that this rule will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 456.004(1) FS.
LAW IMPLEMENTED: 456.004(1), 456.013, 456.036(5), 456.039, 456.0391, 456.077 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lola Pouncey, Bureau Chief, 4052 Bald Cypress Way, Bin #C10, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-9.001 Biennial Licensing.

(1) through (5) No change.

(6) Renewal.

(a) Licensees who renew to an active status license and are subsequently found to be out of compliance with the requirements for that renewal or the requirements set forth in a citation final order shall not be permitted to renew during the subsequent renewal cycle or thereafter until they have:

1. Satisfied any deficiencies in continuing education requirements, financial responsibility requirements, and any other conditions for renewal set forth in statute or rule; and

2. Paid any money owed for a citation in which a final order has been issued.

(b) A licensee who disputes the continuing existence of a deficiency in fact or as a matter of law may request a Section 120.57, F.S., hearing within 21 days of receipt of notification of denial of the renewal application.

Rulemaking Authority 456.004(1) FS. Law Implemented 456.004(1), 456.013, 456.036(5), 456.039, 456.0391, 456.077 FS. History–New 11-5-00, Amended 11-24-05, 11-8-07, 7-30-08, 7-19-09,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lola Pouncey
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D. M.P.H.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 1, 2009