Board of Clinical Laboratory Personnel
RULE NOS.:RULE TITLES:
64B3-5.003Technologist
64B3-5.004Technician
64B3-5.007Director; Limitations and Qualifications
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 79, April 24, 2017 issue of the Florida Administrative Register.
A previous Notice of Change published for the rules on July 17, 2017, in Vol. 43, No. 137, of the Florida Administrative Register. The following changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The rules shall now read as follows:
64B3-5.003 Technologist.
(1) No change.
(2) All applicants for a Technologist license must satisfy the requirements for High Complexity Testing under CLIA Amendments, 42 CFR 493.1489, effective April 24, 1995 (2011), which is incorporated by reference and adopted herein and and available at http://www.gpo.gov.fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5-sec493-1489.pdf or at http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(3) No change.
Rulemaking Authority 483.805(4), 483.811(2), 483.823 FS. Law Implemented 381.0034(3), 483.809, 483.811(2), 483.823 FS. History–New 12-6-94, Amended 7-12-95, 9-10-95, 12-4-95, Formerly 59O-5.003, Amended 5-26-98, 1-11-99, 7-5-01, 3-24-02, 10-29-02, 8-16-04, 5-15-05, 12-19-05, 5-25-06, 7-9-07, 2-7-08, 6-17-09, 1-30-12, 2-7-13, 10-3-13, 4-5-15, 6-16-15, .
64B3-5.004 Technician.
(1) No change.
(2) All applicants for a Technician license must satisfy the requirements for Moderate Complexity Testing under CLIA Amendments, 42 CFR 493.1423, effective January 19, 1993, which is incorporated by reference herein and available at http://www.gpo.gov.fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5-sec493-1423.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref- . Technicians performing high complexity testing as defined in 42 CFR 493.5 both effective April 24, 1995, which is incorporated by reference herein and available at https://www.gpo.gov/fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref- and 493.17, effective January 19, 1993, which is incorporated by reference herein and available at https://www.gpo.gov/fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref- , and who have been licensed after September 1, 1997, shall meet the minimum educational and training qualifications provided in 42 CFR 493.1489, effective April 24, 1995, which is incorporated by reference herein and available at http://www.gpo.gov.fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5-sec493-1489.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref- , incorporated herein by reference, including a minimum of an associate degree in laboratory science, medical laboratory technology, or equivalent education and training.
(3) No change.
Rulemaking Authority 483.805(4), 483.811(2), 483.823 FS. Law Implemented 381.0034, 483.809, 483.811(2), 483.823 FS. History–New 12-6-94, Amended 7-12-95, 12-4-95, Formerly 59O-5.004, Amended 5-26-98, 9-20-98, 1-11-99, 8-31-99, 9-27-00, 12-26-00, 4-29-02, 10-29-02, 2-11-03, 4-20-04, 2-23-06, 5-25-06, 12-5-07, 1-30-12, 10-3-13, .
64B3-5.007 Director; Limitations and Qualifications.
(1) All applicants for a Director license must have the qualifications for a High Complexity Laboratory Director, listed in 42 CFR 493.1443 (2011), effective January 24, 2003, which is incorporated by reference and adopted herein, available at and www.gpo.gov/fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5.pdf or at http://www.flrules.org/Gateway/reference.asp?No=Ref- . The applicant shall complete a one hour educational course acceptable to the Board on human immunodeficiency virus and acquired immune deficiency syndrome or provide an affidavit that the course will be completed within six (6) months of licensure.
(2) No change.
Rulemaking Authority 483.805(4) FS. Law Implemented 381.0034(3), 483.800, 483.809, 483.823(1), 483.824 FS. History–New 6-6-85, Formerly 10D-41.67, Amended 3-11-90, Formerly 10D-41.067, Amended 7-1-97, Formerly 59O-5.007, Amended 5-26-98, 3-2-99, 3-24-02, 10-14-02, 4-20-04, 2-23-06, 3-17-08, 6-17-09, 12-30-09, 1-30-12, 2-23-16, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony B. Spivey, Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.