Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance
RULE NO: RULE TITLE
64B-9.001: Biennial Licensing
PURPOSE AND EFFECT: The rule is to inform of the consequences of non-compliance after renewal or citation.
SUMMARY: The rule prohibits persons with a license who renew without meeting renewal requirements to renew a second time without having complied with the lawful requirements for renewal or without having paid money owed as established by a citation final order.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.004(1) FS.
LAW IMPLEMENTED: 456.004(1), 456.013, 456.036(5), 456.039, 456.0391, 456.077 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lola Pouncey, Bureau Chief, 4052 Bald Cypress Way, Bin #C10, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-9.001 Biennial Licensing.

(1) through (5) No change.

(6) Renewal.

(a) Licensees who renew to an active status license and are subsequently found to be out of compliance with the requirements for that renewal or the requirements set forth in a citation final order shall not be permitted to renew during the subsequent renewal cycle or thereafter until they have:

1. Satisfied any deficiencies in continuing education requirements, financial responsibility requirements, and any other conditions for renewal set forth in statute or rule; and

2. Paid any money owed for a citation in which a final order has been issued.

(b) A licensee who disputes the continuing existence of a deficiency in fact or as a matter of law may request a Section 120.57, Florida Statutes, hearing within 21 days of receipt of notification of denial of the renewal application.

Specific Authority 456.004(1) FS. Law Implemented 456.004(1), 456.013, 456.036(5), 456.039, 456.0391, 456.077 FS. History–New 11-5-00, Amended 11-24-05, 11-8-07,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lola Pouncey
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lucy Gee
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 2, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 25, 2008