The purpose of the amendments is to update the language to correct inconsistencies/errors with other rules / cross references.

 

DEPARTMENT OF HEALTH

Board of Chiropractic Medicine

RULE NOS.:RULE TITLES:

64B2-16.0075Citations

64B2-16.011Notice of Noncompliance

PURPOSE AND EFFECT: The purpose of the amendments is to update the language to correct inconsistencies/errors with other rules / cross references.

SUMMARY: Update days required of an address change and Florida Statues in rule text.

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, based upon the expertise and experience of its members, 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), 460.405, 456.039(3), 456.077 FS.

LAW IMPLEMENTED: 120.695, 456.073(3), 456.035, 456.039(3), 456.072(3), 456.073 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: Christina McGinnis, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257 or by electronic mail – [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-16.0075 Citations.

(1) through (2) No change.

(3) The Board designates the following as citation violations, which shall result in a penalty of $500, except for the advertising violations listed in paragraph (e), below, if the citation is accepted by the licensee:

(a) Failure to notify the Department of change of address, Section 456.035, F.S. Rule 64B2-10.0055, F.A.C.

(b) Failure to review and correct any factual inaccuracies in the practitioner profile within fifteen (15) days of when furnished based upon any information provided by the practitioner, Sections 460.413(1)(i), 456.041(7), 456.042, 456.072(1)(w), F.S.

(c) Failing to report to the Department any person whom the licensee knows is in violation of the laws and rules of the Department or Board, Sections 456.072(1)(x), 460.413(1)(g), F.S.

(d) through (g) No change.

(4) through (9) No change.

Rulemaking Authority 456.039(3), 456.077, 460.405 FS. Law Implemented 456.035, 456.039(3), 456.072(3), 456.073 FS. History–New 1-19-92, Amended 4-26-93, Formerly 21D-16.0075, 61F2-16.0075, Amended 7-18-95, Formerly 59N-16.0075, Amended 2-11-99, 5-31-00, 10-7-02, 11-30-03, 11-1-04, 4-13-05, 11-9-06, 11-5-07, 3-18-20,                .

 

64B2-16.011 Notice of Noncompliance.

In accordance with Sections 456.073 and 120.695, F.S., the Board shall issue a notice of noncompliance as a first response to a minor violation of a rule. Failure of a licensee to take action to correct the violation within 15 days shall result in either the issuance of a citation when appropriate or the initiation of regular disciplinary proceedings. The minor violations which shall result in a notice of noncompliance are:

(1) Failure to notify of a change of address within 30 45 days as required by Rule 64B2-10.0055, F.A.C.

(2) No Change.

Rulemaking Authority 120.695, 456.073(3), 460.405 FS. Law Implemented 120.695, 456.073(3) FS. History–New 11-1-04, Amended 3-18-10,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2021