The Board proposes the rule amendment to delete a cited statute that does not apply to the referenced violation.  

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    DEPARTMENT OF HEALTH

    Board of Clinical Laboratory Personnel

    RULE NO.:RULE TITLE:

    64B3-12.001Disciplinary Guidelines

    PURPOSE AND EFFECT: The Board proposes the rule amendment to delete a cited statute that does not apply to the referenced violation.

    SUMMARY: A referenced statute that does not apply to the referenced violation will be deleted from the rule.

    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: 456.079, 483.805(4) FS.

    LAW IMPLEMENTED: 456.072, 456.079, 483.825 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: Anthony Spivey, Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    64B3-12.001 Disciplinary Guidelines.

    (1) No change.

    (2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For registrants or licensees, the imposition of probation as a penalty shall ordinarily require compliance with conditions such as restitution, continuing education and/or training, indirect or direct supervision by a Board-approved monitor, restrictions on practice, submission of reports, appearances before the Board, and/or hours of community service. As appropriate, such conditions of probation also shall be required following any period of suspension. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In imposing discipline pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as authorized by Section 456.072(2), F.S., within the range corresponding to the violations set forth below. Offense identifications are descriptive only; the full language of each statutory provision must be considered in order to determine the conduct included.

    (a) through (j) No change.

    (k) Section 483.825(1)(k), 456.072(1)(w) or 456.072(1)(x), F.S.: Failing to report to the Board in writing within 30 days of conviction, adjudication of incompetency, or if disciplinary action has been taken against one’s license as clinical laboratory personnel in another state, territory or country – from a minimum fine of $750 and/or a letter of concern up to a maximum fine of $5,000 and/or three months suspension followed by probation. After the first offense, from a minimum fine of $3,000 up to a maximum fine of $10,000 and/or permanent revocation.

    (l) through (cc) No change.

    (3) through (6) No change.

    Rulemaking Authority 456.079, 483.805(4) FS. Law Implemented 456.072, 456.079, 483.825 FS. History–New 8-3-93, Formerly 61F3-12.001, Amended 2-7-95, 5-3-95, 12-4-95, Formerly 59O-12.001, Amended 3-19-98, 9-20-98, 10-6-02, 2-23-06, 3-20-08, 11-25-08, 5-31-10,                     .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Laboratory Personnel

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Clinical Laboratory Personnel

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2018

Document Information

Comments Open:
2/1/2018
Summary:
A referenced statute that does not apply to the referenced violation will be deleted from the rule.
Purpose:
The Board proposes the rule amendment to delete a cited statute that does not apply to the referenced violation.
Rulemaking Authority:
456.079, 483.805(4) F.S.
Law:
456.072, 456.079, 483.825 F.S.
Contact:
Anthony Spivey, Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.
Related Rules: (1)
64B3-12.001. Disciplinary Guidelines