64J-1.001: Definitions
PURPOSE AND EFFECT: The Joint Administrative Procedures Committee (JAPC) is required to review administrative rules and advise agencies concerned of its findings. This charge applies to existing as well as proposed rules. JAPC notified the Bureau of Emergency Medical Services that subsection 64J-1.001(16), F.A.C., formerly subsection 64E-2.001(16), F.A.C., did not satisfy its objections when it replaced Rule 64E-2.032, F.A.C., which appeared to contravene the law implemented, Section 401.27, F.S., in certain parts. The purpose of this rule revision is to provide clarification for the EMS community regarding the Certificate of Public Convenience and Necessity (COPCN) requirement for licensure and satisfy JAPC’s objections.
SUMMARY: The purpose of this rule is to strike the definition of “operate” and define “Certificate of Public Convenience and Necessity to ensure consistency with the law implemented.
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: 401.35 FS.
LAW IMPLEMENTED: 401.25(2)(d) 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: December 10, 2008, 9:30 a.m. – 11:00 a.m. Eastern Standard Time
PLACE: Southwood Office Complex – Betty Easley Meeting Rooms, 4075 Esplanade Way, Room 152, Tallahassee, FL 32399
A conference line will be available for those unable to attend in person. We request that parties from the same agency utilize one line if possible to allow other participants to dial in.
Toll free conference number: (888)808-6959; Conference code: 1454440
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa Walker, Government Analyst II, Phone: (850)245-4440, ext. 2733; or email Lisa_Walker2@doh.state.fl.us. NOTE: If you have written comments that you wish to be added to the record please send them to Lisa Walker before the hearing so your comments may be read into the record.
THE FULL TEXT OF THE PROPOSED RULE IS:
64J-1.001 Definitions.
(1) through (3) No change.
(4) “Certificate of Public Convenience and Necessity” or COPCN means a writing permitting an applicant or licensee to provide services, not exceeding the authorization of their expected or actual license, for the benefit of the population of that county or the population of some geographic area thereof.
(4) through (15) renumbered (5) through (16) No change.
(16) Operate – For purposes of Section 401.25(2)(d), F.S., means performing services requiring licensure under Section 401.25(1), F.S., but does not include:
(a) Advertising the availability of services requiring licensure under Section 401.25(1), F.S., for a county in which the advertiser is a licensee;
(b) Proposing to engage in services requiring licensure under Section 401.25(1), F.S.;
(c) Interfacility transfer between two counties by a licensee possessing a Certificate of Public Convenience and Necessity from only one of the counties if the other county does not prohibit such transfer or transport;
(d) Transfer or transport by a licensee through, but not to or from, one or more counties;
(e) Transfer or transport by a licensee as part of a coordinated response to a disaster or a mass casualty incident;
(f) Transfer or transport by a licensee, after pickup of the patient not otherwise prohibited under Section 401.25(2)(d), F.S. and this rule, to an appropriate facility; or
(g) Transfer or transport by a licensee under an agreement sanctioned by the governing bodies of the affected counties.
(17) through (26) No change.
The proposed effective date is April 1, 2009.
Specific Authority 381.0011(13), 395.401, 395.4025(13), 395.405, 401.121, 401.35 FS. Law Implemented 381.0011, 395.4001, 395.401, 395.4015, 395.402, 395.4025, 395.403, 395.404, 395.4045, 395.405, 401.121, 401.211, 401.23, 401.25, 401.35, 401.435 FS. History–New 4-26-84, Amended 3-11-85, Formerly 10D-66.485, Amended 11-2-86, 4-12-88, 8-3-88, 8-7-89, 6-6-90, 12-10-92, 11-30-93, 10-2-94, 1-26-97, Formerly 10D-66.0485, Amended 8-4-98, 7-14-99, 2-20-00, 11-3-02, 6-9-05, 10-24-05, 4-22-07, Formerly 64E-2.001, Amended 4-1-09.