The proposed new rule establishes rules designated as minor violations for first time offense, in compliance with recent statutory changes to Section 120.695, F.S.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-55.005Notice of Noncompliance; Rules Designated as Minor Violations for First Time Offense.

PURPOSE AND EFFECT: The proposed new rule establishes rules designated as minor violations for first time offense, in compliance with recent statutory changes to Section 120.695, F.S.

SUMMARY: Discipline and licensure restrictions; notice of noncompliance.

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), 478.43 FS.

LAW IMPLEMENTED: 120.695, 456.073(3) 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: Allen Hall, Executive Director, Board of Medicine; Electrolysis Council, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-55.005 Notice of Noncompliance; Rules Designated as Minor Violations for First Time Offense.

(1) In accordance with Sections 456.073(3) and 120.695, F.S., the Department is authorized to issue a notice of noncompliance as a first response to a minor rule violation that does not result in economic or physical harm to a person or adversely affect the public health, safety, and welfare, when it is reasonable to assume that the violator was unaware of the rule or unclear as to how to comply with it. Failure of a licensee to take action to correct the minor rule violation within 15 days of receipt of the noncompliance notice shall result in either the issuance of a citation pursuant to Rule 64B8-55.002, F.A.C., when appropriate, or the initiation of regular disciplinary proceedings pursuant to Chapters 456 and 478, Florida Statutes.  A timely and successful response to a notice of noncompliance is not a first offense for purposes of a citation or regular discipline.

(2) The minor rule violations for which the Board authorizes the Department to issue a notice of noncompliance for a first offense are:

(a) Failure to maintain on file with the Council the current address at which any notice required by law may be served by the Department, the Board, the Council, or its agents, as required by Rule 64B8-50.008, F.A.C.

(b) Failure to comply with any one of the display or record-keeping provisions required by Rule 64B8-51.006(4), F.A.C.  Failure to comply with more than one of said provisions shall render the licensee not eligible for a notice of noncompliance.

Rulemaking Authority 120.695, 456.073(3), 486.025 FS. Law Implemented 120.695, 456.073(3) FS. History–New              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrolysis Council

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 4, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 30, 2017