The proposed rule amendment will provide clarification for the unexcused absences of board members.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-9.0085Unexcused Absences

PURPOSE AND EFFECT: The proposed rule amendment will provide clarification for the unexcused absences of board members.

SUMMARY: Unexcused absences definitions.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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 FS.

LAW IMPLEMENTED: 456.011 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: Danielle Terrell, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B15-9.0085 Unexcused Absences.

(1) An absence shall be deemed excused if the Board member’s absence is caused by health problem or condition verified in writing by a physician, or by an accident or similar unforeseeable tragedy or event, and the Board member submits to the Board office a statement in writing attesting to the event and its circumstances prior to the next Board meeting.

(2) In all other circumstances, a Board member’s absence from a Board meeting shall be considered unexcused if the Board member had not received approval of the Chair or the Chair’s designee prior to missing the meeting.

(3) Arriving late for a Board meeting or leaving early from a Board meeting without prior approval of the Chair or the Chair’s designee shall be considered an unexcused absence.

Rulemaking Authority 456.011 FS. Law Implemented 456.011 FS. History–New 1-3-93, Formerly 21R-9.0085, 61F9-9.0085, Amended 10-15-95, Formerly 59W-9.0085,        Amended                        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 17, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 23, 2023