- Notices of Development of Proposed Rules and Negotiated Rulemaking (3)
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The Agency is proposing to amend the rule governing certified nursing assistants (CNAs) and home health aides referred by Nurse Registries. Language is revised to add the Health and Safety Institute to the organizations by which an instructor can be approved to provide cardiopulmonary resuscitation (CPR) training and to include other training schools that provides CPR training in which the person is required to demonstrate, in person, that he or she is able to perform cardiopulmonary resuscitation. Currently, CNAs and home health aides must maintain a current CPR certification from an instructor that is approved to provide training by the American Heart Association or the American Red Cross only.
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The purpose of the amendments to the rules is to delete obsolete language and provide updated procedures that enhance efficiency for State agencies to move money from agency funds into and out of the Chief Financial Officer’s investment fund.
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The Agency is proposing to amend a rule within Rule Chapter 59A-35, F.A.C., Health Care Licensing Procedures, governing the licensure application process, to update application forms and the application addendum incorporated by reference. Application forms for the following provider types will be updated: Crisis Stabilization Units, Short Term Residential Treatment Units, Residential Treatment Facilities, Residential Treatment Centers for Children and Adolescents, Hospices, Assisted Living Facilities, Adult Family-Care Homes and Adult Day Care Centers.
- Petitions and Dispositions Regarding Rule Variance or Waiver (13)
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On June 19, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Zest Market Express Food Kiosk located in Miami. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash and three-compartment sinks.
The Petition for this variance was published in Vol. 41/129 on July 6, 2015. The Order for this Petition was signed and approved on July 13, 2015. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash and three-compartment sinks is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash and three-compartment sinks are provided with hot and cold running water under pressure; the handwash sink is provided with soap, an approved hand drying device and a handwashing sign.
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On June 23, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, and Paragraph 61C-4.010(5), Florida Administrative Code from Subway located in Wellington. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water and that each establishment provide dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils. They are requesting to share the mop sink and dishwashing areas within another permitted food service establishment under a different ownership and on the same premise.
The Petition for this variance was published in Vol. 41/129 on July 6, 2015. The Order for this Petition was signed and approved on July 13, 2015. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that the mop sink and dishwashing facilities within Wellington Regional Medical Center Kitchen are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and are available during all hours of operation. The handwash sink by the dishwashing area must also be provided with soap, an approved hand drying device and a handwashing sign. If the ownership of Wellington Regional Medical Center Kitchen (Wellington Regional Medical Center Inc.) changes, an updated signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 23, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Bread & Butter located in Crestview. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within an adjacent establishment under different ownership for use by customers only.
The Petition for this variance was published in Vol. 41/129 on July 6, 2015. The Order for this Petition was signed and approved on July 13, 2015. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the bathrooms located within Nathan D. Boyles P.A. are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Nathan D. Boyles P.A. (Nathan D. Boyles) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
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On July 01, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Fia's Ristorante Prep Kitchen located in Melbourne. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within an adjacent establishment under the same ownership for use by customers only.
The Petition for this variance was published in Vol. 41/130 on July 7, 2015. The Order for this Petition was signed and approved on July 13, 2015. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the bathrooms located within Fia's Ristorante & Pizzeria (1505970) are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Fia's Ristorante & Pizzeria (C&V Inc, Thomas Padino) changes, a signed agreement for use of the bathroom facilities is required immediately.
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On July 01, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Master Food 1 located in Hialeah. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within an adjacent establishment under different ownership for use by customers only.
The Petition for this variance was published in Vol. 41/130 on July 7, 2015. The Order for this Petition was signed and approved on July 13, 2015. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the bathrooms located within Aparicio Carpentry are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Aparicio Carpentry (Pedro Aparicio) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
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waiver or variance filed by Hany Mohamed Mahfouz Ibrahim, M.D., from Rule 64B8-4.009, F.A.C., with regard to the requirement for submission of documentation of medical education directly from Petitioner’s medical school. Comments on this petition should be filed with the Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of publication of this notice.
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variance or waiver filed by Thomas R. Dyroff, R.Ph, on behalf of Center for Living Well, seeking a permanent waiver of the requirement of Rule 64B16-27.410(5), Florida Administrative Code, which requires that any pharmacy or any pharmacist may allow a supervision ratio of up to four (4) registered pharmacy technicians to one (1) pharmacist (4:1), as long as the pharmacist or pharmacy is not engaged in sterile compounding.
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The Department of Health has issued an order in response to a petition for an emergency waiver filed on June 10, 2015, by David Self representing Wyld West Annuals, Inc. Petitioner sought a waiver of Rule 64E-4.002(2)(f)1., of the Florida Administrative Code, which requires that as part of the demonstration of financial ability, the applicant provide "Certified financials issued within the immediately preceding 12 months." Notice of the petition was published in the June 12, 2015 edition of the Florida Administrative Register.
The Department found that the rule from which the Petitioner sought a waiver implements the statutory requirement for certified financials. While the Department found that Petitioner did not demonstrate that it met the requirements for the requested waiver, the Department denied Petitioner's request on the basis that the Department cannot grant the requested waiver without also providing a waiver to the provisions of the implementing statute, contrary to section 120.542, Florida Statutes. Therefore, on July 8, the Department issued an Order Denying Emergency Petition for Waiver.
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The Department of Health has issued an order in response to a petition for an emergency waiver filed on June 9, 2015, by Richard C. Carroll representing Carroll Brothers Nursery, Inc. Petitioner sought a waiver of Rule 64E-4.002(2)(f)1., of the Florida Administrative Code, which requires that as part of the demonstration of financial ability, the applicant provide "Certified financials issued within the immediately preceding 12 months." Notice of the petition was published in the June 11, 2015 edition of the Florida Administrative Register.
The Department found that the rule from which the Petitioner sought a waiver implements the statutory requirement for certified financials. While the Department found that Petitioner did not demonstrate that it met the requirements for the requested waiver, the Department denied Petitioner's request on the basis that the Department cannot grant the requested waiver without also providing a waiver to the provisions of the implementing statute, contrary to section 120.542, Florida Statutes. Therefore, on July 8, the Department issued an Order Denying Emergency Petition for Waiver.
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Variance from Rule 64E-11.007(7), Florida Administrative Codes, from Hunkerdown Hideaway, Anna M. Morris and Michael O. Switzer, owners, 7 S, Atlantic Avenue, 37C, Cocoa Beach, Florida, 32931. This rule requires effective control measures to protect against the entrance into the food establishment, and the breeding or presence of the premises of rodents, flies, roaches, and other vermin. All openings to the outside air, including windows, doors, skylights, transoms, intake and exhaust ducts, are to be effectively protected against the entrance of flies and other flying insects by self-closing doors, closed windows, screening, controlled air currents or other effective means. Comments on this petition should be filed with Shannon Revels, Agency Clerk, Department of Health, Office of General Counsel, 4052 Bald Cypress Way, BIN A02, Tallahassee, Florida, 32399-1703, within 14 days of this notice.
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a waiver of sub-paragraph 11B-35.009(6), F.A.C. from Davis Maurice Segrest. The Petitioner wishes to waive that portion of the rule that states: Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Equivalency-of-Training form CJSTC-76. Individuals who do not complete the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Petitioner states that he will retire from a position within the Federal Prison system on July 22, 2015 and that he has applied for a position with the Lake County Sheriff’s Office. Petitioner states that he was approved for an Equivalency of Training and completed the training on March 8, 2012. Petitioner states that he took, but failed the state certification exam on March 28 and September 26, 2012. Petitioner states that prior to his third attempt he discovered that his Training Form 76 had expired and was issued a form 76A extension. Petitioner states that on December 12, 2012 he appeared at a testing site in Volusia County, presented his paperwork, and was admitted to take the state officer certification exam, which he passed. Petitioner states that he was not informed that a second form 76A was required.
Petitioner states that he was advised by the Lake County Sheriff’s Office that a hold would be placed on his application due to the oversight at the testing center. Petitioner states that he has shown proficiency in the high liability areas and has passed the state officer certification exam. Petitioner states that requiring him to complete another equivalency of training and, take and pass another states officer certification exam would create a great hardship on him and his family. Petitioner states that strict application of the rule would result in unreasonable, unfair and unintended results in this instance.
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variance or waiver of subparagraph 64B17-4.001(3)(b)1., F.A.C., filed by Hector Rodriguez, PTA, regarding the requirement that applicants for licensure have received an evaluation that their educational credentials are equivalent to those required of U.S.-educated physical therapist assistants from an agency which requires original documentation from the institution. The Board will consider this petition at its meeting currently scheduled for August 7, 2015.
Comments on this petition should be filed with the Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, within 14 days of publication of this notice.
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for variance or waiver of subsection 64B17-3.003(3), F.A.C., filed by Edwin P. James, P.T., regarding the requirement applicants for licensure by endorsement may demonstrate minimum educational qualifications by submitting a certified copy of the credentialing evaluation used by the physical therapy licensing board of another state. The Board will consider this petition at its meeting currently scheduled for August 7, 2015.
Comments on this petition should be filed with the Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, within 14 days of publication of this notice.
- Notices of Meetings, Workshops and Public Hearings (16)
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Presentation of proposed unit management plan updates for Fort Cooper State Park and Withlacoochee State Trail.; Wednesday, July 22, 2015, 7:00 p.m. (EDT); Inverness Community Center, 1082 North Paul Drive, Inverness, Florida 34450
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Presentation and discussion of proposed unit management plan updates for Fort Cooper State Park and Withlacoochee State Trail with the advisory group members.; Thursday, July 23, 2015, 9:00 a.m. (EDT); Fort Cooper State Park, Recreation Hall Building, 3100 South Old Floral City Road, Inverness, Florida 34450
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*This is a date correction for Notice ID: 15944780 published on July 14, 2015.
Quarterly Business Meeting of the Rehabilitation Council.; July 28, 2015, 8:30 a.m.-4:30 p.m.; July 29, 2015, 8:30-10:30 a.m.; Hyatt Regency Orlando International
9300 Jeff Fuqua Boulevard
Orlando, FL 32827
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*This is a date correction to Notice ID: 15944974
The Florida Division of Blind Services helps individuals with visual impairments to achieve employment and independence under title I of the Rehab Act. The public forum is for consumer input on the effectiveness of those services.; July 28, 2015 from 5:00 PM to 6:00 PM; Hyatt Regency Orlando International
9300 Jeff Fuqua Boulevard
Orlando, FL 32827
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Florida New Motor Vehicle Arbitration Board, 2015 Board Member Training Sessions.
; Three live training presentations, each from 10:00 a.m. - 3:30 p.m.:
Tuesday, August 4, 2015 (Ft. Lauderdale)
Thursday, August 6, 2015 (Tampa)
Tuesday, August 11, 2015 (Tallahassee); Tuesday, August 4, 2015: Office of the Attorney General, Lemon Law Arbitration, 110 Southeast Sixth Street, 7th Floor, Fort Lauderdale, FL 33301. Phone: 954-712-4600
Thursday, August 6, 2015: Office of the Attorney General, Lemon Law Arbitration, Concourse Center 4, 3507 E. Frontage Road, Suite 200, Tampa, FL 33607. Phone: 813-287-7920
Tuesday, August 11, 2015: Office of Attorney General, Lemon Law Arbitration, Leroy Collins Building, 107 W. Gaines Street, Room G21, Tallahassee, FL 32399-1050. Phone: 850-414-3500
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Discussion regarding proposed rule changes.
; July 21, 2015, 4:00 pm, EST; Department of Health, Tallahassee at Meet Me number: 1(888)670-3525, passcode: 9908086106 #
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General Business; August 6, 2015, 9:30 a.m.; Department of Business and Professional Regulation, Professions Board Room, 1940 N. Monroe Street, Tallahassee, FL 32399,
Conference call: number: 1(888)670-3525, conference code: 9259887749
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The subject area to be addressed in this rule is the distribution of medical oxygen for emergency use by persons authorized to receive emergency use oxygen.
61N-1.027 Distribution of Emergency Use Medical Oxygen.
A medical oxygen retail establishment permitted under Chapter 499, F.S., Part III, shall not engage in the distribution of emergency use medical oxygen unless it meets the following requirements:
(1) The permittee’s permit is current;
(2) The permittee has a policy and procedure in place governing its distribution of emergency use medical oxygen that complies with the requirements for wholesale distributors set forth in Section 499.90, F.S.;
(3) The permittee creates, contemporaneously and no later than 24 hours after the distribution of emergency use medical oxygen to persons authorized to receive emergency use oxygen, records pertaining to the distribution that comply with the recordkeeping requirements set forth in Section 499.89, F.S.; and
(4) The distribution of the emergency use medical oxygen does not occur between the parties for a time period of more than fourteen (14) calendar days.
; August 6, 2015 1:00 p.m.; Department of Business and Professional Regulation, Professions Board Room, 1940 N. Monroe Street, Tallahassee, FL, 32399
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The Florida Department of Transportation (FDOT) District Six will hold a Public Meeting for a roadway project along State Road (SR) 847/NW 47 Avenue from NW 183 Street, in Miami-Dade County to
Premier Parkway, in Broward County to discuss the project’s design and scope of work. The project identification number is 430637-1-52-01. The public meeting will follow an informal format allowing the public to arrive at any time from 6 p.m. and 8 p.m. Graphic displays will be shown during the meeting, and FDOT representatives will be available to discuss the project.
; Wednesday, July 29, 2015, 6 p.m. to 8 p.m.
; North Dade Regional Library, 2455 NW 183 Street, Miami Gardens, FL 33056
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General Board Business Meeting; July 22, 2015, 10:00 am; Buena Vista Palace Resort & Spa, 1900 E. Buena Vista Drive, Lake Buena Vista, Florida 32830
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The Education Advisory Committee to consider items relating to the education requirements to sit for the CPA examination.; August 13, 2015, at 9:00 a.m.; Conference call, dial-in number: 1(888)670-3525, conference code number: 9071262934
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Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; July 22, 2015, 9:00 a.m.; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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The Department is holding a workshop for the purpose of exploring options with the public for the implementation of changes to the procedures for state firefighter certification exam day. The workshop may also include a general discussion of the procedures for state firefighter exam day, exam process, equipment requirements, general procedures, safety requirements, makeup exams, and proposed rule development in that regard. This workshop will take input from affected persons as to what rule amendments are necessary to implement this statutory change.
A copy of the agenda may be obtained by contacting: Bill Wentlandt, Assistant Superintendent, Bureau of Fire Standards and Training, Division of State Fire Marshal, Department of Financial Services, 11655 NW Gainesville Road, Ocala, FL 34482, phone: (352)369-2829 or Bill.Wentlandt@MyFloridaCFO.com.
A conference line is available for individuals to participate via phone. The conference call in number is (850) 413-1558, Conference ID: 966927. To ensure our conference call participants have the opportunity to provide public comment or testimony, we are providing the following information. All public comment requests must be submitted by email to Bill.Wentlandt@MyFloridaCFO.com with the subject title “Request to Speak”. In the body of the email, please provide ALL of the following:
1. Your name
2. Telephone number
3. Email address
4. Subject on which you will be providing comment
All requests to speak from our conference call participants will be provided to the moderator. Comments will be heard from attendees in the room, and then the moderator will call upon speakers attending by conference line. Please remember to un-mute your line to speak when you are called upon, as all lines will be muted at the start of the workshop to minimize disruptions.
; Thursday, August 27, 2015, 11:00 AM – 1:00 PM CST; Destin City Hall, Board Meeting Room, 4200 Indian Bayou Trail, Destin, Florida 32541
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Quarterly Meeting; September 18, 2015, 10:00 a.m. - 3:00 p.m. (or until business concludes); The Florida Hotel and Conference Center
1500 Sand Lake Rd, Orlando, FL 32809
Dial-in Number: (1-888) 670-3525, Participant Passcode: 6393437979#
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Space Florida Governance & Compensation Committee Meeting; Friday, July 24, 2015 at 10:00 a.m. EST; Teleconference
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Space Florida Audit and Accountability Committee Meeting; Thursday, August 6, 2015, 10:00 a.m. EST; Teleconference
- Notices of Petitions and Dispositions Regarding Declaratory Stat (5)
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Carastro & Assoc.,Inc.; Petitioner seeks clarification regarding design of heating and cooling systems in a variety of projects.
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Frank LaPete & Responsible Energy Codes Alliance.; Petitioner seeks clarification as to whether all replacement fenestration in existing buildings must comply with the above-referenced sections irrespective of whether the building meets the definition of "renovated building."
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Klaus Parking Systems Atlantic, Inc.; Petitioner seeks clarification as to whether entire multilevel parking lifts/systems are required to be certified by an OSHA approved National Recognized Testing Laboratory or only the mechanical & electrical installations portions.
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JC Code & Construction Consultants, Inc.; Petitioner seeks clarification as to whether stucco applications installed per ASTM C 926 as permitted under the Exception to Section R703.6.4 is compliance with Section R703.6.5 still required.
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Everett Harris, P.T., on July 8, 2015.; Specifically, whether it is within the scope of physical therapy practice to educate patients on the use of medications; obtain a list of medications from a referral source, document all prescribed medications the patient is taking, communicate discrepancies to physicians, identify any interactions, and relay information from a physician directly to a patient regarding medication issues/changes/ education in the home health environment. The Board will consider this petition at its meeting currently scheduled for August 6, 2015. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.