The proposed new rule designates minor violations for the first-time offense, in compliance with recent statutory changes to Section 120.69, F.S.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-44.0055Notice of Non-Compliance - Minor Violations

PURPOSE AND EFFECT: The proposed new rule designates minor violations for the first-time offense, in compliance with recent statutory changes to Section 120.69, F.S.

SUMMARY: Non-compliance action for minor violations.

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), 468.507 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/Dietetics and Nutrition Practices Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-44.0055 Notice of Non-Compliance – Minor Violations.

(1) A Notice of non-compliance is a notification by the department issued to a licensee as a first response to a minor violation of Council rule.  It is not accompanied by a fine or other disciplinary penalty. 

(2) The council designates the following as minor violations for which a notice of non-compliance may be issued for the first violation thereof:

(a) Failure to notify the Department of a change of address within 60 days, in violation of Section 456.035(3), F.S., and Rule 64B8-40.008, F.A.C.

(b) Failure to display license, in violation of Section 468.512, F.S.

Rulemaking Authority 120.695, 456.073(3), 468.507 FS. Law Implemented 120.695, 456.073(3) FS. History–New _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practices Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dietetics and Nutrition Practices Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 09, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 18, 2017