To delete reference to second URL and make minor changes related to enforcement of the rule.

Notice of Proposed Rule

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-51.006Rule Governing Licensure and Inspection of Electrology Facilities

PURPOSE AND EFFECT: To delete reference to second URL and make minor changes related to enforcement of the rule.

SUMMARY: Amendments will delete second URL and address inspection of electrolysis facilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: The proposed changes are minor and will make the application and inspection processes easier for owners of facilities. No person or interested party submitted additional information regarding the economic impact.

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: 456.037, 478.43(1), (4), 478.51(3) FS.

LAW IMPLEMENTED: 456.037(2), (3), (5), 456.0635, 478.49, 478.51 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Electrolysis Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B8-51.006 Rule Governing Licensure and Inspection of Electrology Facilities.

(1) through (2)(a) No change.

(b) To obtain the license, the applicant shall provide information to the Department as required by this rule on a form provided by the Department and approved and incorporated herein by reference by the Board as Form DH-MQA 1213, entitled “Application for Electrolysis Facility Licensure,” effective 3/13, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-02754 or the Department at The Florida Department of Health, Electrolysis Council, Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3256, and is available on the web at: http://www.doh.state.fl.us/mqa. The applicant must pay a $100 application fee, which is nonrefundable, $100 inspection fee, $100 licensure fee and a $5.00 unlicensed activity fee.

(3) No change.

(a) through (e)17. No change.

18. Unless the facility is new, monthly Monthly records of sterilizer biological test monitoring which shall be made available to the Agency or Department upon request;

19. through 20. No change.

(g)1. through 2. No change.

3. For devices required to be registered, proof Proof of registration for each of laser or light-based device in use at the facility as required by Section 501.122, F.S.

4. through 9. No change.

10. The written protocols required by paragraph 64B8-56.002(4)(a), F.A.C. At least one piece of properly registered laser equipment located within the electrology facility.

(4) through (7) No change.

Rulemaking Authority 456.037, 478.43(1), (4), 478.51(3) FS. Law Implemented 456.037(2), (3), (5), 456.0635, 478.49, 478.51 FS. History–New 11-16-93, Formerly 61F6-76.006, Amended 5-11-95, 6-26-96, Formerly 59R-51.006, Amended 12-23-97, 12-22-98, 2-17-00, 3-25-01, 4-8-02, 6-16-03, 7-29-10, 6-19-13,_________.

 

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: June 5, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 19, 2014