To amend the rule to provide a form for clinics claiming an exemption from the pain management clinic registration requirement as required by recently enacted legislation.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.:RULE TITLE:

64B-7.001Pain Management Clinic Registration Requirements; Inspection and Registration Fees

PURPOSE AND EFFECT: To amend the rule to provide a form for clinics claiming an exemption from the pain management clinic registration requirement as required by recently enacted legislation.

SUMMARY: This rulemaking provides a form for claiming an exemption from the pain management clinic registration requirements.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 456.004(5), 458.3265(2), (4), 459.0137(2), (4) FS.

LAW IMPLEMENTED: 456.037, 456.0635, 458.3265, 459.0137 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: Mark Whitten, Interim Bureau Chief, Bureau of Health Care Practitioenr Regulation, 4052 Bald Cypress Way, Bin #C-01, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-7.001 Pain Management Clinic Registration Requirements; Exemption Certificates; Inspection and Registration Fees.

(1) Every clinic location, unless exempt under Section 458.3265(1) or 459.0137(1), F.S., must designate a physician and register with the Department on Application to Register Pain Management Clinic, fForm DH-MQA 1219 (revised 7/15) #DH-MQA 1219, revised 7/15, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05885. Clinics claiming an exemption from the registration requirement must apply for a certificate of exemption on Application for Exemption from Pain Management Clinic Registration, form DH5031-MQA (07/18), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####.

(2) through (4) No change.

Rulemaking Authority 456.004(5), 458.3265(2), (4), 459.0137(2), (4) FS. Law Implemented 456.037, 456.0635, 458.3265, 459.0137 FS. History–New 11-24-11, Amended 11-5-14, 11-2-15,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Whitten, Interim Bureau Chief, Bureau of Health Care Practitioner Regulation,

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 20, 2018