Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance
RULE NO: RULE TITLE
64B-3.008: Board Expert or Technical Advice
PURPOSE AND EFFECT: To set forth in rule how the department uses the expert or technical advice of the boards regulating the health care professions.
SUMMARY: The health care regulatory boards help the department by approving expert witnesses and by recommending experts when the department needs expert or technical advice.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The agency has determined that this rule will not have an impact on small business.
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(6) FS.
LAW IMPLEMENTED: 456.004(6) 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: Diane Orcutt, Deputy Director 4052 Bald Cypress Way, Bin #C75, Tallahassee, Florida 32399-3275

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-3.008 Board Expert or Technical Advice.

The department shall contact the appropriate board for expert or technical advice as follows:

(1) The board or its designated probable cause panel shall be asked to review expert or technical credentials and shall approve all new expert witnesses with whom the department intends to enter into an agreement to provide services to support its investigations and prosecutions.

(2) As needed by the department, the board shall be asked to recommend an expert or experts for the department to consider for inspections, enforcement investigations, deposition or hearing testimony, or in other areas where the department determines a need for substantive expert or technical advice.

Rulemaking Authority 456.004 FS. Law Implemented 456.004(6), 456.073 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Diane Orcutt
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D. M.P.H.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 11, 2009