Petition for Variance or Waiver of Rule 64B3-5.004(3), F.A.C. filed by Priyanka D. Patel (“the Petitioner”) on July 8, 2008. The initial notice was published on July 18, 2008 in Volume 34, Number 29 of the Florida Administrative Weekly. Rule 64B3-...

 

DEPARTMENT OF HEALTH
Board of Clinical Laboratory Personnel

RULE NO: RULE TITLE
64B3-5.004: Technician

NOTICE IS HEREBY GIVEN THAT on August 27, 2008, the  Board of Clinical Laboratory Personnel has issued an order.

Petition for Variance or Waiver of subsection 64B3-5.004(3), F.A.C., filed by Priyanka D. Patel (“the Petitioner”) on July 8, 2008. The initial notice was published on July 18, 2008 in Vol. 34, No. 29, Florida Administrative Weekly. Subsection 64B3-5.004(3), F.A.C. entitled “Technician” sets forth the requirements one must satisfy in order to obtain a technician’s license. The Board considered this matter during a duly-noticed, telephonic meeting on August 19, 2008 and determined the Petition should be denied on the following grounds:

1.Section 120.542(2), Florida Statutes (2007), provides that “[v]ariances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate the principles of fairness.”

2.After considering her testimony, the Board concluded that the Petitioner failed to demonstrate that requiring her to fulfill the experience requirement of subsection 64B3-5.004(3), F.A.C., would create a substantial hardship or violate the principals of fairness.

A copy of the Order may be obtained by contacting: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.