To conform to Joint Administrative Procedures committee concerns.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-55.003Terms of Probation

PURPOSE AND EFFECT: To conform to Joint Administrative Procedures committee concerns.

SUMMARY: To conform to Joint Administrative Procedures committee concerns.

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: 456.079, 478.52(4) FS.

LAW IMPLEMENTED: 456.072, 456.079, 478.52 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 # A04, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-55.003 Terms of Probation.

Any licensee determined to have violated the provisions of chapter 478, F.S., may be ordered to serve probationary terms including any or all of the following:

(1) Through (2) No Change.

(3) The licensee’s probation shall be subject to the following terms and conditions:

(a) through (d) No Change.

(e) Probationer shall submit quarterly reports to the Board. The reports shall include:

1. through 6. No Change.

7. Notarized cCopies of a number of patient records of patients examined or treated by the Probationer within the previous sixty (60) days with all identification of patient suitably obliterated.

(f) through (m) No Change.

(4) Probationer shall pay an administrative fine in the amount set by the Board, said fine to be paid to the Board within a certain number of  90 days of the effective date of the Final Order unless otherwise specified by the Board.

(5) This rule shall be reviewed, and if necessary, repealed, modified or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 456.079, 478.52(4) FS. Law Implemented 456.072, 456.079, 478.52 FS. History–New 11-16-93, Formerly 61F6-80.003, 59R-55.003,_________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Medicine Electrolysis Council

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 5, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2022