The Board proposes the rule amendment to update language regarding probable cause panel members.

 

DEPARTMENT OF HEALTH

Board of Chiropractic

RULE NO.:RULE TITLE:

64B2-16.002Probable Cause Determination

PURPOSE AND EFFECT: The Board proposes the rule amendment to update language regarding probable cause panel members.

SUMMARY: Language regarding probable cause panel members will be updated.

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: 460.405, 456.073(4) FS.

LAW IMPLEMENTED: 456.073(4) 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: Adrienne Rodgers, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-16.002 Probable Cause Determination.

(1) The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 456 or 460, F.S., or of the rules promulgated thereunder has occurred shall be made by a panel of two (2) Panel Board members appointed by the chairman, at least one of which shall be a current chiropractic member of the Board. The chairman may appoint a former chiropractic Board member to serve on the probable cause panel in lieu of a current member of the Board of Chiropractic.

(2) No change.

Rulemaking Specific Authority 460.405, 456.073(4) FS. Law Implemented 456.073(4) FS. History–New 1-10-80, Amended 3-15-81, Formerly 21D-16.02, Amended 4-26-93, Formerly 21D-16.002, 61F2-16.002, Amended 7-18-95, Formerly 59N-16.002, Amended___________.

 

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 22, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2014