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. 35 No. 47, November 25, 2009 issue of the Florida Administrative Weekly.

This proposed rule was revised in a Notice of Change published in Vol. 36, No. 6, February 12, 2010. Forms incorporated by reference in these rules have been revised following comments received from the Joint Administrative Procedures Committee.

A change has been made in the AHCA Form number in 59A-35.060(1)(h), and changes have been made in the following forms, as indicated in the description following the number of each form:

59A-35.060 Licensure Application Process.

(1) No change.

(a) AHCA Form 3170-5001, Rev July 2009, regarding drug-free workplace laboratories, was amended by striking the requirement for proof of applicant’s legal right to occupy the property from the items required in addition to the application form on the licensure application checklist.

(b) No change.

(c) AHCA Form 3130-1000, Rev. July 2009, regarding abortion clinics, was amended by adding the requirement for a statement that local zoning ordinances permit such location to the licensure application checklist as one of the items that must be submitted.

(d) AHCA Form 3180-5003, Rev. July 2009, regarding crisis stabilization units, was amended by striking the requirement to submit a current balance sheet from the licensure application checklist as one of the items that must be submitted.

(e) AHCA Form 3180-5003, Rev. July 2009, regarding short term residential treatment units, was amended by striking the requirement to submit a current balance sheet from the licensure application checklist as one of the items that must be submitted.

(f) AHCA Form 3180-5003, Rev. July 2009, regarding residential treatment facilities, was amended by striking the requirement to submit a current balance sheet from the licensure application checklist as one of the items that must be submitted.

(g) AHCA Form 3180-5004, Rev. July 2009, regarding residential treatment centers for children and adolescents, was amended by striking the requirement to submit a current balance sheet from the licensure application checklist as one of the items that must be submitted.

(h) Hospitals, as provided under Part I of Chapter 395, F.S.; AHCA Form 3130-8001 ~~8003~~, Rev July 2009,

(i) through (j) No change.

(k) AHCA Form RM-001, Rev. July 2009, regarding risk managers, was amended by striking the requirement to include a social security number on the licensure application in compliance with Section 119.071(5)(a)2.b.-c., Florida Statutes.

(l) No change.

(m) AHCA Form 3110-1011, Rev. July 2009, regarding home health agencies, was amended to include the requirement on the licensure application checklist to submit a business plan that details the home health agency’s methods to obtain patients and its plan to recruit and maintain staff as required under Section 400.471(2)(d), Florida Statutes.

(n) through (p) No change.

(q) AHCA Form 3110-3001, February 2010, was created to replace the recommended licensure application form for use by homes for special services.

(r) through (t) No change.

(u) AHCA Form 3110-5003, Rev. July 2009, regarding intermediate care facilities for the developmentally disabled, was amended to remove the reference to the licensure fee exemption since it is no longer authorized in statute or administrative rule.

(v) No change.

(w) AHCA Form 3110-0013, Rev. July 2009, regarding health care clinics, was amended to correct two statutory references pertaining to evidence of accreditation for magnetic resonance imaging services and the financial ability to operate a health care clinic AHCA Form 3110-0014, Rev. July 2009.

(x) through (z) No change.

(aa) AHCA Form 3170-2004, Rev. July 2009, regarding clinical laboratories, was amended to correct the authorizing statute on the licensure application.

AHCA Form 3170-2004B, Rev. July 2009, regarding clinical laboratories, was amended by striking the requirement for proof of applicant’s legal right to occupy the property from the licensure application checklist as one of the items that must be submitted.

AHCA Form 3170-2004C, Rev. July 2009, regarding clinical laboratories, was amended by striking the requirement for proof of applicant’s legal right to occupy the property from the licensure application checklist as one of the items that must be submitted.

AHCA Form 3170-2004D, September 2009, regarding clinical laboratories, was amended to correct the administrative rule reference the licensure fees.

(bb) AHCA Form 3170-4001, Rev. July 2009, regarding multiphasic health testing centers, was amended by striking the requirement for proof of applicant’s legal right to occupy the property from the licensure application checklist as one of the items that must be submitted.

(cc) AHCA Form 3140-2001, July 2009, regarding organ and tissue procurement agencies, was amended by striking the requirement for proof of applicant’s legal right to occupy the property from the licensure application checklist as one of the items that must be submitted.

(2) through (8) No change.

59A-35.062 Proof of Financial Ability to Operate.

(1) AHCA Form 3100-0009, July 2009, entitled Proof of Financial Ability to Operate, was amended to include the administrative rule reference incorporating the form as required under Section 120.55(1)(a)4., Florida Statutes.

(2) AHCA Form 3110-7004A, September 2009, entitled Nurse Registry Proof of Financial Ability to Operate, was amended to include the administrative rule reference incorporating the form as required under Section 120.55(1)(a)4., Florida Statutes.

(3) through (7) No change.

The text of the following rule is revised to as follows:

59A-35.080 License Categories.

(1) Provisional License. If a license expires while an action to deny or revoke the license is pending and renewal applications are filed, the Agency may issue a provisional license. The provisional license shall identify the pending action. The provisional license will expire when the Agency action is final or one year after issuance, whichever occurs first. The provisional license does not affect the revocation or denial action or constitute a defense on behalf of the licensee or applicant.

(2) No change.

The form incorporated in the following rule has been changed as described here:

59A-35.090 Background Screening.

(1) through (3)(b)1. No change.

2. AHCA Form 3100-0008, October 2009, entitled Affidavit of Compliance with Background Screening Requirements, was amended to include reference to the administrative rule incorporating the form as required under Section 120.55(1)(a)4., Florida Statutes.

(4) through (6) No change.