The Agency proposes to amend 59A-9.034, Florida Administrative Code to clarify reporting requirements regarding the treatment of premature rupture of membranes, ectopic pregnancies, and trophoblastic tumors.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-9.034Reports

PURPOSE AND EFFECT: The Agency proposes to amend 59A-9.034, Florida Administrative Code to clarify reporting requirements regarding the treatment of premature rupture of membranes, ectopic pregnancies, and trophoblastic tumors.

SUMMARY: The Agency proposes to amend 59A-9.034, Florida Administrative Code to clarify reporting requirements regarding the treatment of premature rupture of membranes, ectopic pregnancies, and trophoblastic tumors.

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: A SERC has not been prepared by the agency. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 390.12 FS

LAW IMPLEMENTED: 390.0112, 390.012 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: October 22, 2024, from 3:00 p.m. – 4:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida, 32308, Building 3, Conference Room A. You may also participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials can be found on the web at:

https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-9.034 Reports.

(1) Pursuant to Section 390.0112, F.S., an abortion clinic and any medical facility in which abortions are performed, including a physician’s office must submit a report each month to the Agency, regardless of the number of abortions, terminations of pregnancy and regardless of method used. Monthly reports must be received by the Agency within 30 days following the preceding month. Failure to submit this report so that it is timely received by the Agency will result in an administrative fine being imposed pursuant to Section 390.0112, F.S.

(2) No Change.

(3) Each clinic shall maintain a log of all abortions, terminations of pregnancy recording the date of the procedure and period of gestation.

(4) When a physician attempts to induce the live birth of an unborn baby, regardless of gestational age, to treat the preterm premature rupture of membranes or premature rupture of membranes, and the unborn baby does not survive, the incident does not constitute an abortion and shall not be reported pursuant to this rule.

(5) The treatment of an ectopic pregnancy shall not be considered an abortion and shall not be reported pursuant to this rule.

(6) The treatment of a trophoblastic tumor shall not be considered an abortion and shall not be reported pursuant to this rule.

Rulemaking Authority 390.012 FS. Law Implemented 390.0112, 390.012 FS. History–New 6-13-90, Formerly 10D-72.034, Amended 8-24-94, 9-25-06, 7-13-08, 5-19-16, 9-26-16, 1-16-17, 12-20-22, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Plagge

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jason Weida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 27, 2024