The Board proposes the rule amendment to rules 64B17-1.002, 64B17-1.003 and 64B17-1.004 to reduce, streamline, and clarify existing rule language.

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NOS.:RULE TITLES:

64B17-1.002Meetings

64B17-1.003Attendance at Board Meetings

64B17-1.004Probable Cause Panel

PURPOSE AND EFFECT: The Board proposes the rule amendment to rules 64B17-1.002, 64B17-1.003 and 64B17-1.004, F.A.C. to reduce, streamline, and clarify existing rule language.

SUMMARY: The rule amendment to rules 64B17-1.002, 64B17-1.003 and 64B17-1.004, F.A.C. will reduce, streamline, and clarify existing rule language.

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: 456.011, 456.011(4), 456.073(4), 486.025 FS.

LAW IMPLEMENTED: 456.011, 456.073(4), 486.025 FS.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B17-1.002 Meetings

For purposes of board member compensation pursuant to under subsection (4) of subsection Section 456.011(4), Florida Statutes, “other business involving the board” is defined to include:

(1) Board meetings;

(1)(2) No change

(2)(3) Meetings of a Board member with Department staff or Department contractors of the Department at the Board or Department’s request. Any participation or meeting of members noticed or unnoticed shall be on file at the Board office.

Rulemaking Specific Authority 456.011(4), 486.025 FS. Law Implemented 456.011, 486.025 FS. History–New 1-11-90, Formerly 21MM-1.002, 61F11-1.002, Amended 8-16-95, Formerly 59Y-1.002, Amended               .

 

64B17-1.003 Attendance at Board Meetings

(1) No change

(2) No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than as the reasons stated in subsection (1) constitutes an unexcused absence for the purpose of declaring a vacancy on the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board office of the impending absence prior to the regularly-scheduled Board meeting at which the absence will occur, or unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence and the absence is excused by which the Board itself excuses after the absence has occurred.

(3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws.

(4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents.

Rulemaking Specific Authority 456.011, 486.025 FS. Law Implemented 456.011 FS. History–New 10-25-93, Formerly 61F11-1.007, 59Y-1.007, Amended              .

 

64B17-1.004 Probable Cause Panel

(1) The probable cause panel by majority vote shall determine whether probable cause exists to believe that a licensee has violated the provisions of Chapter 456 or 486, F.S., or the rules of the Department or Board. The determination as to whether probable cause exists regarding a violation of the provisions of Chapter 486 and 456, F.S., and/or the rules promulgated by the Board shall be made by majority vote of a probable cause panel of the Board.

(2) Probable cause panel members shall be selected by the The Board Chair, who shall also appoint at least two people to the probable cause panel and shall designate the panel Chair. Each panel shall be comprised of at lest two (2) members, The appointed people shall be either current Board members or at least one current Board member and one or more former members of the Board. The panel must include a former or present consumer member if one is available, is willing to serve, and is appointed by the Board Chair, and must include at least one. Otherwise, the panel shall be composed of former or present Board members who are licensed physical therapists. The determination as to whether probable cause exists that a violation has occurred shall be made by a majority vote of the probable cause panel of the Board.

(3) The Board Chair may designate an alternate panel with the same membership criteria to share the workload. With regard to either panel, the Board Chair may make temporary appointments, as needed, to conduct the business of the panel in the absence or unavailability of a regularly appointed panel member.

(4) If a Board member has reviewed a case as a member of the probable cause panel, that member shall be on the panel for reconsideration of that case if reconsideration is requested by the prosecutor and that panel member is able and available.

Rulemaking Specific Authority 456.073(4) FS. Law Implemented 456.073(4) FS. History–New 6-11-02, Amended          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 21, 2016