The purpose of the new proposed Rule 60S-1.00537, F.A.C., is to move the criteria for Special Risk Class Membership for Certain Professional Health Care workers previously found in paragraph 60S-1.0053(2)(e), F.A.C., under the section of rule titled,...

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Retirement

RULE NO.: RULE TITLE:
60S-1.00537: Criteria for Specific Risk Class Memebership-Certain Professional Health Care Workers
60S-1.00539: Criteria for Special Risk Class Memebership- Forensic Disciplines

PURPOSE AND EFFECT: The purpose of the new proposed Rule 60S-1.00537, F.A.C., is to move the criteria for Special Risk Class Membership for Certain Professional Health Care workers previously found in paragraph 60S-1.0053(2)(e), F.A.C., under the section of rule titled, “Criteria for Special Risk Membership – Correctional Officers,” to an appropriately titled section of rule. The purpose of new proposed Rule 60S-1.00539, F.A.C., is to provide in rule the criteria for Special Risk Class membership for those employed in Forensic Disciplines as a result of statutory changes expanding the class to include those employed in such disciplines.

SUMMARY: The new rule sections set forth Special Risk Class membership criteria in accordance with statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

No State of Estimated Regulatory Cost was prepared. The agency has determined that this rule shall not have an effect on small businesses as defined by Section 288.703, Florida Statutes, nor on small counties or small cities as defined by Section 120.52, Florida Statutes.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimate regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Not required because there are no adverse impacts on economic growth, business competitiveness or regulatory costs of more than $1M in the aggregate within five years of implementation.

Any person who to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 121.031 FS.
LAW IMPLEMENTED: 121.021(15), 121.0515 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW

DATE AND TIME: November 4, 2011, 10:00 a.m., ET

PLACE: Division of Retirement of the Department of Management Services, Director’s Conference Room, Suite 208, 1317 Winewood Blvd., Bldg 8, Tallahassee, Florida 32399-1560

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 1317 Winewood Blvd., Bldg. 8, Tallahassee FL 32399-1560, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

60S-1.00537 Criteria for Special Risk Class Membership – Certain Professional Health Care Workers.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class for members who are filling certain professional health care positions, regardless of the title of such a position.

(1) Effective January 1, 2001, a professional health care worker employed by the Department of Corrections or the Department of Children and Family Services who spends at least 75 percent of his or her time performing duties which involve contact with patients or inmates in a correctional or forensic facility or institution in one of the following positions and class codes: Dietitian (class codes 5203 and 5204);Public health nutrition consultant (class code 5224); Psychological specialist (class codes 5230 and 5231);Psychologist (class code 5234); Senior psychologist (class codes 5237 and 5238); Regional mental health consultant (class code 5240); Psychological Services Director – DCF (class code 5242); Pharmacist (class codes 5245 and 5246); Senior pharmacist (class codes 5248 and 5249); Dentist (class code 5266); Senior dentist (class code 5269); Registered nurse (class codes 5290 and 5291); Senior registered nurse (class codes 5292 and 5293); Registered nurse specialist (class codes 5294 and 5295); Clinical associate (class codes 5298 and 5299); Advanced registered nurse practitioner (class codes 5297 and 5300); Advanced registered nurse practitioner specialist (class codes 5304 and 5305); Registered nurse supervisor (class codes 5306 and 5307); Senior registered nurse supervisor (class codes 5308 and 5309); Registered nursing consultant (class codes 5312 and 5313); Quality management program supervisor (class code 5314); Executive nursing director (class codes 5320 and 5321); Speech and hearing therapist (class code 5406); or Pharmacy manager (class code 5251).

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New________.

 

60S-1.00539 Criteria for Special Risk Class Membership – Forensic Disciplines.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class for members who are employed in a recognized forensic discipline regardless of the title of that position.

(1)(a) Effective October 1, 2005 through June 30, 2008, the member must be employed by an agency which either proclaims itself to be a law enforcement agency or a medical examiner’s office and be employed in a forensic discipline recognized by the International Association for Identification (IAI) and must be eligible for membership in the IAI and the member’s primary duties and responsibilities must include the collection, examination, preservation, documentation, preparation, or analysis of physical evidence or testimony, or both, or the member must be the direct supervisor, quality management supervisor, or command officer of one or more individuals with such responsibility.

Administrative support personnel, including, but not limited to, those whose primary duties are clerical or in accounting, purchasing, legal, and personnel, shall not be included.

(b) Effective July 1, 2008, the member with Special Risk Class membership based on the criteria of (a) shall be removed from the Special Risk Class.

(2)(a) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory in one of the following positions and class codes: Forensic technologist (class code 8459); Crime laboratory technician (class code 8461); Crime laboratory analyst (class code 8463); Senior crime laboratory analyst (class code 8464); Crime laboratory analyst supervisor (class code 8466); Forensic chief (class code 9602); or Forensic services quality manager (class code 9603).

(b) The member must be employed by a local government law enforcement agency or medical examiner's office and must spend at least 65 percent of his or her time performing duties that involve the collection, examination, preservation, documentation, preparation, or analysis of human tissues or fluids or physical evidence having potential biological, chemical, or radiological hazard or contamination, or use chemicals, processes, or materials that may have carcinogenic or health damaging properties in the analysis of said evidence, or the member must be the direct supervisor of one or more individuals having such responsibility.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarabeth Snuggs, Director, Division of Retirement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John P. Miles, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 18, 2010, Vol. 36/24