To provide a process and a form for persons licensed or certified in a profession under the jurisdiction of the department to apply for an exemption from disqualification from employment.

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-6.001Employment Exemption

PURPOSE AND EFFECT: To provide a process and a form for persons licensed or certified in a profession under the jurisdiction of the department to apply for an exemption from disqualification from employment.

SUMMARY: This rulemaking provides a form and process for persons licensed or certified by the department to apply for an exemption from disqualification from employment.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 456.004, FS.

LAW IMPLEMENTED: 435.07, 456.36, 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: Lola Pouncy, Bureau Chief, 4052 Bald Cypress Way, Bin #C-01, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64-6.001 Employment Exemption.

(1) Individuals that are licensed or certified in a profession under the jurisdiction of the Department of Health must apply for an exemption to the appropriate licensing or certifying board, or the department when there is no board, unless the individual will be working in a position other than one for which they are licensed or certified. Requests for an exemption from disqualification shall be submitted in writing to the appropriate licensing or certifying board, or the department when there is no board, using the Application for Exemption, Form DH5034-MQA, 08/2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####.

(2) The individual shall bear the burden of setting forth clear and convincing evidence of rehabilitation which includes any information indicating the individual presents no danger to the safety or wellbeing of others. The individual must present such evidence as arrest reports, court dispositions, parole/probation information, and reference letters from employers, and/or personal references.

(3) An Application for Exemption will not be reviewed until all required documents are obtained. If the application is deemed incomplete after 30 days of receipt by the appropriate licensing or certifying board, or the department when there is no board, the application will be closed.

(4) In deciding whether to grant or deny an exemption request, the appropriate licensing or certifying board, or the department when there is no board, shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, other offenses on the criminal history record and the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual.

(5) Any exemption granted by the appropriate licensing or certifying board, or the department when there is no board, is limited to the information provided at the time of application and the disqualifying offense or offenses committed prior to the date of the request for exemption.

(6) The appropriate licensing or certifying board, or the department when there is no board, shall void any exemption granted to an individual when there is evidence that information which would adversely affect the decision was not made available at the time of the determination or there is an arrest or disposition of a new disqualifying offense since the date the exemption was granted.

Rulemaking Authority 456.004 FS. Law Implemented 435.07, 456.36, FS. History-New         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lola Pouncey, Bureau Chief, Bureau of Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 11, 2018