reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B24 - Council of Licensed Midwifery › Chapter 64B24-7 - MIDWIFERY PRACTICE › Section 64B24-7.015 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) The department permits advertising by
				licensed midwives regarding the practice of licensed midwifery in accordance
				with the council's rules so long as such information is in no way fraudulent,
				false, deceptive or misleading.
(2)
				No licensed midwife shall disseminate or cause the dissemination of any
				advertisement or advertising which is in any way false, deceptive, or
				misleading. Any advertisement or advertising shall be deemed by the department
				to be false, deceptive, or misleading if it:
(a) Contains a misrepresentation of facts,
				or
(b) Makes only a partial
				disclosure of relevant facts, or
(c) Creates false or unjustified expectations
				of beneficial assistance, or
(d)
				Appeals primarily to a layperson's fears, ignorance, or anxieties, or
(e) Contains any representation or claims as
				to which the licensed midwife referred to in the advertising does not expect to
				perform, or
(f) Contains any
				representation, statement, or claim which misleads or deceives, or
(g) Could lead a reasonable prudent person to
				believe that the licensed midwife is licensed to practice medicine when not so
				licensed in the state of Florida.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B24 - Council of Licensed Midwifery › Chapter 64B24-7 - MIDWIFERY PRACTICE › Section 64B24-7.016 - Sexual Misconduct (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 467.005,
					 467.203(1)(f)
					 FS. Law Implemented 467.203(1)(f)
					 FS.
New 3-20-96, Formerly 59DD-7.016, Repealed
					 2-18-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B24 - Council of Licensed Midwifery › Chapter 64B24-7 - MIDWIFERY PRACTICE › Section 64B24-7.018 - Address of Record

Current through Reg. 50, No. 138; July 16, 2024
Each licensed midwife shall provide Council staff with either
				  written or electronic notification of one current mailing address. The current
				  mailing address and place of practice is defined as an address acceptable to
				  the United States postal service where the licensed midwife shall be served
				  with notices pertaining to licensure.
Rulemaking Authority
					 456.035,
					 467.005 FS. Law Implemented
					 456.035
					 FS.
New 3-17-09.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B24 - Council of Licensed Midwifery › Chapter 64B24-8 - DISCIPLINE › Section 64B24-8.001 - Investigation of Complaints (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5) FS.
					 Law Implemented 467.203
					 FS.
New 7-14-94, Formerly 61E8-8.001, 59DD-8.001, Repealed
					 1-31-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B24 - Council of Licensed Midwifery › Chapter 64B24-8 - DISCIPLINE › Section 64B24-8.002 - Disciplinary Action and Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Purpose. Pursuant to Sections
				 456.079 and
				 467.203, F.S., the department
				provides for disciplinary guidelines in this rule which shall be imposed upon
				applicants or licensees it regulates under Chapter 467, F.S. The purpose of
				this rule is to notify applicants and licensees of the range of penalties which
				will routinely be imposed unless the department finds it necessary to deviate
				from the guidelines for the stated reasons given in this rule. The range of
				penalties are based upon a single count violation of each provision listed.
				Multiple counts of the violated provisions or a combination of the violations
				may result in a higher penalty than that for a single, isolated violation. Each
				range includes the lowest and highest penalty and all penalties falling
				between, including appropriate probation, supervision, and continuing
				education. For applicants, all offenses listed in the Disciplinary Guidelines
				are sufficient for refusal to certify an application for licensure.
(2) Violations and Range of Penalties. In
				imposing discipline upon applicants and licensees the department shall act in
				accordance with guidelines and shall impose a penalty within a range
				corresponding to the violations set forth in form DH-MQA 5015, Council of
				Licensed Midwifery Disciplinary Guidelines (09/2015), incorporated herein by
				reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-06546
.
(3) The department shall take into
				consideration the danger to the public; the number of repetitions of offenses;
				the length of time since date of violation; the number of disciplinary actions
				taken against the licensee; the length of time licensee has practiced; the
				actual damage, physical or otherwise, to the patient; the deterrent effect of
				the penalty imposed; any efforts for rehabilitation; and any other mitigating
				or aggravating circumstances in determining the appropriate disciplinary action
				to be imposed.
(4) In addition to
				any other discipline imposed, the department shall assess the actual costs
				related to the investigation and prosecution of a case. In addition to or in
				lieu of any guideline penalties provided herein, if the violation is for fraud
				or making a false or fraudulent representation, the department shall impose a
				fine of $10, 000 per count or offense.
Rulemaking Authority
					 456.004(5),
					 456.072,
					  456.079,
					 467.005,
					 467.203(4) FS.
					 Law Implemented 456.079,
					  467.203 FS.
New 7-14-94, Formerly 61E8-8.002, 59DD-8.002, Amended
					 10-3-06, 10-28-10, 3-22-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B24 - Council of Licensed Midwifery › Chapter 64B24-8 - DISCIPLINE › Section 64B24-8.003 - Citations and Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department designates the following as citation violations:
(a) Failure to notify the Department of a
				change of address within 60 days - $250.00 fine.
(b) Failure to identify through written
				notice, or name tag, or orally to a patient that the practitioner is a licensed
				midwife - $100.00 fine.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.001 - Collection and Payment of Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.0145,
					 491.015 FS. Law Implemented
					 491.0145
					 FS.
New 12-10-90, Formerly 21-28.001, 61-28.001, 59FF-28.001,
					 Repealed 5-2-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.002 - Certified Master Social Worker Fees

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The non-refundable application fee is $50.
(2) The fee for initial certification is
				$150.
(3) The non-refundable
				application fee for licensure by endorsement is $150.
(4) The fee for biennial renewal of
				certification is $150.
(5) The fee
				for reactivation of an inactive certification is $150, in addition to other
				required fees.
(6) The fee for
				renewal of an inactive certification is $150.
Rulemaking Authority
					  456.017,
					 491.007,
					 491.0085,
					 491.0145,
					 491.015 FS. Law Implemented
					 456.017,
					  491.006,
					  491.007,
					  491.008,
					  491.0085,
					  491.0145 FS.
New 12-10-90, Formerly 21-28.002, 61-28.002, 59FF-28.002,
					 Amended 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.003 - Examination Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.0145 FS. Law Implemented
					 491.0145
					 FS.
New 12-10-90, Formerly 21-28.003, 61-28.003, 59FF-28.003,
					 Repealed 5-2-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.004 - Endorsement Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.015 FS. Law Implemented
					 491.006,
					 491.0145
					 FS.
New 12-10-90, Formerly 21-28.004, 61-28.004, 59FF-28.004,
					 Repealed 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.005 - Re-examination Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.015,
					 456.017(2) FS.
					 Law Implemented 491.0145,
					 456.017(2)
					 FS.
New 12-10-90, Formerly 21-28.005, 61-28.005, 59FF-28.005,
					 Repealed 5-2-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.006 - Initial Certification Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.017 FS. Law Implemented
					 456.017
					 FS.
New 12-10-90, Formerly 21-28.006, 61-28.006, 59FF-28.006,
					 Repealed 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.007 - Biennial Certification Renewal Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.007 FS. Law Implemented
					 491.007
					 FS.
New 12-10-90, Formerly 21-28.007, 61-28.007, 59FF-28.007,
					 Repealed 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.008 - Reactivation Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.015 FS. Law Implemented
					 491.008
					 FS.
New 12-10-90, Formerly 21-28.008, 61-28.008, 59FF-28.008,
					 Repealed 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.009 - Biennial Inactive Status Renewal Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.015 FS. Law Implemented
					 491.008
					 FS.
New 12-10-90, Formerly 21-28.009, 61-28.009, 59FF-28.009,
					 Repealed 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.010 - Application Fee for Inactive Status (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.015 FS. Law Implemented
					 491.008
					 FS.
New 12-10-90, Formerly 21-28.010, 61-28.010, 59FF-28.010,
					 Repealed 4-27-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.011 - Continuing Education Provider Application Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 491.0085 FS. Law Implemented
					 491.0085(2)
					 FS.
New 12-10-90, Formerly 21-28.011, 61-28.011, 59FF-28.011,
					 Repealed 1-26-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.012 - Application Forms and Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Applications for certification as a master social worker shall be on Form
				DH-CMS 2061 (effective 07/2021) entitled "Application for Licensure as a
				Certified Master Social Worker, " incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13944
.
(2) The applicant must also submit:
(a) Documentation of 3 years of experience in
				the field of social work, 2 years of which must have been at the post-master's
				level under the supervision of a person who meets the education and experience
				requirements for certification as a certified master social worker or licensure
				as a clinical social worker under Chapter 491, F.S.;
(b) An official transcript of all social work
				related post-secondary education completed by the applicant must be received by
				the Department of Health directly from the office of the registrar of the
				institution where the education was completed.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.013 - Experience Required

Current through Reg. 50, No. 138; July 16, 2024
(1) "Experience" as
				used in Section  491.0145(3),
				F.S., is defined as provision of services requiring application of advanced
				social work knowledge. Such experience shall include clinical social work
				practice, social work administration, social work program supervision, social
				work program planning and evaluation, social work staff development, research
				in social work, community organization, community social services, social
				planning, or human service advocacy.
(2) One (1) year of experience is defined as
				a 12 month period during which the applicant practices in the field of social
				work, for a minimum of 1, 500 hours. If an applicant worked less than 1, 500
				hours in any twelve month period, credit will be granted for the fraction of a
				year's experience represented by the number of hours actually practiced;
				however, no applicant shall be credited with more than 125 hours experience in
				any one calendar month.
(3)
				"Post-master's level" as used in Section
				 491.0145(3),
				F.S., is defined as subsequent to the completion of requirements for the
				granting of a master's degree as specified in Section
				 491.0145, F.S.
(4) "Supervised" as used in Section
				 491.0145(3),
				F.S., is defined to mean that the applicant and the applicant's work, during
				his period of supervision was subjected to oversight, guidance and evaluation
				by someone who meets the education and experience requirements for
				certification as a master's social worker or licensure as a clinical social
				worker under Chapter 491, F.S.
(5)
				A minimum of 100 face-to-face contact hours of supervision is required as a
				part of the 2 years of supervised experience requirement. The applicant and the
				supervisor must have met face-to-face for not less than 1 hour of supervision
				on an average of once a week for 50 weeks per year. Face-to-face meetings shall
				not be less frequent than every other week and no more than two hours of
				supervision in any one week shall be credited toward this
				requirement.
(6) Supervision shall
				involve:
(a) Face-to-face conversation with
				the supervisor on a one-to-one basis or in a group consisting of no more than
				five supervisees per supervisor.
(b) A focus on the raw data from the
				supervisee's work, which is made directly available to the supervisor through
				such means as written materials, direct observation or video and audio
				recordings.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.014 - Renewal of Active Certification

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Department shall renew a certification upon receipt of the fee and a signed
				statement certifying that all requirements for renewal have been satisfied.
				Each biennial renewal period shall begin April 1 of each odd-numbered
				year.
(2) A certified master social
				worker shall not be required to complete continuing education for the first
				renewal of certification. For each subsequent renewal, a certified master
				social worker must complete 30 hours of continuing education approved by the
				Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
				Counseling during the two year period ending on March 31 prior to the beginning
				of each biennial renewal period. The Department adopts the provisions in Rule
				 64B4-6.001, F.A.C., "Renewal of
				Active License" (eff. 2/17/13), which is incorporated herein by reference and
				is available at
https://www.flrules.org/gateway/reference.asp?id=64B4-6.001
,
				as the appropriate continuing education requirements for
				renewal.
Rulemaking Authority
					 491.007(2) FS.
					 Law Implemented 491.007(2)
					 FS.
New 12-10-90, Formerly 21-28.014, 61-28.014, 59FF-28.014,
					 Amended 3-27-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B25 - Certified Master Social Workers › Chapter 64B25-28 - CERTIFIED MASTER SOCIAL WORKERS › Section 64B25-28.015 - Examination for Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				applicant for examination for certification must apply to the Department and
				submit supporting documentation necessary to determine eligibility.
(2) An applicant who has completed all
				requirements for the examination and has been certified eligible by the
				Department will be admitted to the examination for certification.
(3) In order to be eligible for
				certification, the candidate must receive a passing score on the Advanced
				Generalist Examination, developed by the Association of Social Work Boards
				(ASWB).
Rulemaking Authority
					 491.015 FS. Law Implemented
					 491.0145(5)
					 FS.
New 4-29-91, Amended 7-30-91, 10-1-91, Formerly 21-28.021,
					 61-28.015, 59FF-28.015, Amended 3-27-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B27 - Dental Laboratories › Chapter 64B27-1 - DENTAL LABORATORIES › Section 64B27-1.001 - Dental Laboratory Inspections, and Practice and Procedure for Healthy and Safe Dental Laboratory Operation

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				dental laboratory registered by the Department of Health to operate in the
				State of Florida shall be subject to periodic inspections by Department
				personnel at least once each biennial registration period. Such inspections
				shall be conducted during regular business hours and may occur with or without
				notice.
(2) The following practice
				and procedure shall be implemented by each registered dental laboratory in the
				State of Florida and be subject to inspection pursuant to subsection (1) of
				this section. Each registered dental laboratory shall:
(a) Be clean and orderly and in good repair,
				with regard to normal fabrication procedures at time of inspection;
(b) All waste materials properly disposed of
				at the end of each day according to local restrictions;
(c) Maintain on the laboratory premises a
				copy of the laboratory registration so it is readily available for inspection
				by Department personnel;
(d)
				Maintain on the laboratory premises for four years the original or electronic
				copy of a prescription from a licensed dentist for each separate appliance or
				artificial oral restorative oral device authorizing construction or repair of
				the specified artificial oral appliance; and,
(e) Maintain on the laboratory premises a
				written policy and procedure document on sanitation. Said policy shall include,
				but not necessarily be limited to:
1. Intake
				and disinfection procedure for each appliance, impression, bite, or other
				material posing a possible contamination risk received by the laboratory; and,
2. Separate procedure for handling
				dental appliances, and impressions previously identified by the dentist, known
				to have come from carriers of the HBV and/or HIV
				virus.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B27 - Dental Laboratories › Chapter 64B27-1 - DENTAL LABORATORIES › Section 64B27-1.002 - Dental Laboratory Biennial Registration

Current through Reg. 50, No. 138; July 16, 2024
The Department shall issue a registration certificate
				  entitling the holder to operate a dental laboratory for a period of two years,
				  after the Department has received from the registering person, firm, or
				  corporation:
(1) The registration form
				DH-MQA 1228 (5/2020), Dental Laboratory Registration Application, incorporated
				by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13187
.
(2) A biennial registration fee of $200.00;
				and,
(3) The operator of a dental
				laboratory shall notify the Department of a change in ownership or address
				within 30 days. The closure of the laboratory constitutes a change of address.
				Failure to timely notify the Department of a change in ownership or address,
				including closure of a laboratory, is grounds to deny an application for
				registration of a laboratory.
Rulemaking Authority
					 466.038 FS. Law Implemented
					 456.0635,
					 466.032(1),
					 466.033
					 FS.
New 2-10-93, Formerly 21-29.002, 61E4-1.002, Amended
					 10-29-95, Formerly 59CC-1.002, Amended 1-9-02, 10-23-05, 4-5-10, 1-31-18,
					 6-13-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B27 - Dental Laboratories › Chapter 64B27-2 - DISCIPLINE › Section 64B27-2.002 - Notice of Noncompliance for Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
The Department shall issue a notice of noncompliance as a
				  first response to a minor violation. Failure of the registration certificate
				  holder to take action to correct the violation within 15 days shall result in
				  either the issuance of a citation when appropriate or the initiation of regular
				  disciplinary proceedings. The minor violations which result in a notice of
				  noncompliance are:
(1) Failure to
				notify of a change of address within 30 days as required by Section
				 466.034, F.S.
(2) Failure to renew registration by the
				February 28 biennial renewal date provided that the establishment was not in
				operation without an active registration.
Rulemaking Authority
					 120.695,
					 456.073(3) FS.
					 Law Implemented 120.695,
					 456.073(3),
					 466.032
					 FS.
New 3-28-05, Amended
					 7-28-09.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B27 - Dental Laboratories › Chapter 64B27-2 - DISCIPLINE › Section 64B27-2.003 - Citation Authority

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				otherwise specified, all citation violations must be corrected within 60
				days.
(2) The following violations
				with accompanying penalty may be disposed of by citation with the specified
				penalty:
(a) Failure to notify of a change of
				address within 30 days as required by Section
				 466.034, F.S., $100.00
				fine.
(b) Operating on a delinquent
				license under Section
				 466.032, F.S., $200.00
				fine.
(c) Advertising or operating
				a laboratory under the name of another laboratory under Section
				 466.028(1)(e),
				F.S., $200.00 fine.
(d) Failure to
				maintain on the premises a copy of the laboratory registration provided that
				the laboratory is properly registered under paragraph
				 64B27-1.001(2)(c),
				F.A.C., $150.00 fine.
(e) Failure
				to maintain on the premises a written policy and procedure on sanitation under
				paragraph  64B27-1.001(2)(e),
				F.A.C., provided that this required policy document is provided to the
				inspector within 20 days, $150.00 fine.
(f) A single instance of waste materials not
				being disposed of properly under paragraph
				 64B27-1.001(2)(b),
				F.A.C., $100.00 fine.
(g) Failure
				of the owner or a designated employee to complete five or fewer hours of
				approved required continuing education courses within the biennium, $200.00
				fine.
(h) Failure of the owner or a
				designated employee to complete six to 18 hours of approved required continuing
				education courses within the biennium, $500.00 fine.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B27 - Dental Laboratories › Chapter 64B27-2 - DISCIPLINE › Section 64B27-2.004 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) "Mediation" means a process whereby a
				mediator appointed by the Department acts to encourage and facilitate
				resolution of a legally sufficient complaint. It is an informal and
				nonadversarial process with the objective of assisting the parties to reach a
				mutually acceptable agreement.
(2)
				For purposes of Section
				 456.078, F.S., the Board
				designates as being appropriate for
				mediation:
(a) First time violations of
				Section  456.032, F.S., by the issuance
				to the Department of a check not supported by sufficient funds.
(b) First time disputes or issues with regard
				to whether the registration certificate holder provided the necessary
				information to carry out the purposes of Chapter 466, F.S., including proof of
				having the necessary equipment and supplies in the appropriate condition as
				required by Section  466.036, F.S.
(c) First time disputes or issues with regard
				to whether the registration certificate holder is in violation of Rule
				 64B27-1.001,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B28 - Board of Naturopathic Examiners › Chapter 64B28-1 - ORGANIZATION › Section 64B28-1.006 - Probable Cause Determination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 456.073(4),
					 462.14 FS. Law Implemented
					 120.53,
					 456.073(4)
					 FS.
New 11-20-79, Formerly 21N-1.06, 21N-1.006, Repealed
					 2-28-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B28 - Board of Naturopathic Examiners › Chapter 64B28-3 - MINIMAL EDUCATION REQUIREMENTS › Section 64B28-3.001 - Annual Educational Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 462.04 FS. Law Implemented
					 462.18
					 FS.
New 12-8-77, Formerly 21N-3.01, 21N-3.001, Repealed
					 2-26-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B28 - Board of Naturopathic Examiners › Chapter 64B28-3 - MINIMAL EDUCATION REQUIREMENTS › Section 64B28-3.002 - Exceptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 462.04 FS. Law Implemented
					 462.18
					 FS.
New 12-8-77, Formerly 21N-3.02, 21N-3.002, Repealed
					 2-26-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B28 - Board of Naturopathic Examiners › Chapter 64B28-5 - LICENSE RENEWAL FEE › Section 64B28-5.001 - License Renewal Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 462.023 FS. Law Implemented
					 462.08(4)
					 FS.
New 11-3-80, Amended 5-14-84, Formerly 21N-5.01, Amended
					 5-4-86, Formerly 21N-5.001, Repealed
					 3-19-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B29 - Optical Establishments › Chapter 64B29-1 - OPTICAL ESTABLISHMENTS REGISTRATION › Section 64B29-1.001 - Optical Establishment Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in Section
				 484.018, F.S., every person
				desiring to operate an optical establishment in this state must submit a
				completed MQA Form # OE-001, Optical Establishment Application for Permit
				(effective 7/2020) - incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13216
,
				or from the Board of Opticianry, 4052 Bald Cypress Way, Bin #C08, Tallahassee,
				Florida 32399-3258, or at
http://floridasopticianry.gov/licensing
,
				to the Department of Health with a non-refundable application fee of
				$100.00.
(2) The owner of a
				permitted optical establishment in this state shall submit a completed MQA Form
				#OE-001, Application for Optical Establishment Permit, to the Department of
				Health whenever the owner changes the location of the optical establishment for
				which no fee shall be charged.
(3)
				The owner of a permitted optical establishment in this state shall submit a
				completed MQA Form #OE-001, Application for Optical Establishment Permit, to
				the Department of Health along with a non-refundable application fee of $25.00
				whenever the owner changes the name of the optical establishment.
(4) Within thirty (30) days of the change of
				ownership of an optical establishment, the new owner must submit a completed
				MQA Form #OE-001, Application for Optical Establishment Permit, to the
				Department of Health along with a non-refundable application fee of $100.00.
				Within thirty (30) days of the change of ownership, the prior owner must return
				the original permit for the optical establishment to the Department of Health
				and must notify the agency of the change of ownership.
(5) After receipt of the non-refundable
				application fee and submission of a completed application, the Department of
				Health shall issue a permit entitling the owner to operate the optical
				establishment and ownership until such time as there is a change in ownership
				or location. However, the Department of Health shall deny the request for a
				permit of any optical establishment if it finds that any owner has failed to
				comply with this rule.
Rulemaking Authority
					 456.004,
					 456.013,
					 456.037,
					 484.007(3) FS.
					 Law Implemented  456.004(1),
					  456.013,
					  456.0635,
					  484.007(3) 
					 FS.
New 11-25-96, Formerly 59EE-1.001, Amended 2-23-10,
					 4-27-17, 7-4-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B29 - Optical Establishments › Chapter 64B29-1 - OPTICAL ESTABLISHMENTS REGISTRATION › Section 64B29-1.002 - Optical Establishment Inspection

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each optical establishment registered by the Department of Health to operate in
				the State of Florida shall be subject to periodic inspections at least once
				every other year by department personnel or agents. Each establishment where
				regulated optical devices are sold, whether or not registered by the
				Department, is subject to inspection for violations. Such inspections shall be
				conducted at reasonable hours considering the regular business hours of the
				establishment and may occur without notice when the establishment is
				occupied.
(2) The inspection of the
				optical establishment shall include the following:
(a) Notation of possible errors or
				discrepancies with regard to the registration information provided to the
				department.
(b) Determination
				whether a change of ownership occurred and if so whether the permit was
				returned to the department for cancellation within 30 days after a change in
				ownership of the establishment.
(c)
				Determination if any provisions of Chapter 484, Part 1, F.S., or the rules
				promulgated pursuant thereto have been violated including:
1. Whether prescriptions written by an
				allopathic or osteopathic physician or by an optometrist for any lenses,
				spectacles, eyeglasses, contact lenses, or other optical devices are kept on
				file for a period of two (2) years; and,
2. Whether a violation of Section
				 484.014 or
				 456.072, F.S., has
				occurred.
(d)
				Determination that the minimum equipment required by Rule
				 64B12-10.007, F.A.C., is
				maintained in each office in which an optician practices opticianry. The
				equipment required is pupillary gauges, thickness gauge, one set of hand tools
				necessary for fitting of eye glasses, one lensometer or vertometer or similar
				instrument, one colmascope or similar instrument, if glass lenses are
				manufactured on the premises, one frame heater, one lens measure, set of sample
				frames and mountings, keratometer or similar instrument and slit lamp or
				similar instrument if fitting and adapting contact lenses, and a set of trial
				soft contact lenses, if fitting and adapting contact lenses.
(e) Determination of whether a licensed
				optician is on the premises when optical devices are prepared or dispensed, not
				including their fabrication.
(f)
				Verification that the establishment is permitted pursuant to Section
				 484.007,
				F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B29 - Optical Establishments › Chapter 64B29-2 - DISCIPLINE › Section 64B29-2.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The
				department shall impose disciplinary penalties upon a determination that the
				holder of a registration certificate has violated any provision of chapter 484
				or 456, F.S., or any rules promulgated by the department or the Board of
				Opticianry.
(2) Violations and
				Range of Penalties. In imposing discipline, the department shall act in
				accordance with the disciplinary guidelines set forth in form DH5028-MQA,
				Optical Establishment Disciplinary Guidelines (11/2017), incorporated by
				reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09107
.
(3) The department shall take into
				consideration the following mitigating and aggravating factors in determining
				the appropriate disciplinary action to be imposed:
(a) The danger to the public;
(b) The length of time since the date of the
				violation;
(c) The number of
				previous disciplinary cases filed against the permit holder;
(d) The length of time the optical
				establishment has been in business;
(e) The actual damage, physical or otherwise,
				to the optician, optometrist or patient;
(f) The deterrent effect of the penalty
				imposed;
(g) The effect of the
				penalty upon the permit holder's livelihood;
(h) Improvement or correction
				efforts;
(i) Any other mitigating
				or aggravating circumstances.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B29 - Optical Establishments › Chapter 64B29-2 - DISCIPLINE › Section 64B29-2.002 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) The following violations with
				accompanying penalty may be disposed of by citation with the specified penalty:
(a) Failure to return the permit to the
				department for cancellation within 30 days after a change in ownership as
				required by section  484.007(4)(b),
				F.S., a $100 fine.
(b) Failure to
				notify the department within 30 days, but not more than 60 days, of a change in
				ownership of the establishment as required by section
				 484.007(4)(b),
				F.S., a $200 fine.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B29 - Optical Establishments › Chapter 64B29-2 - DISCIPLINE › Section 64B29-2.003 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) "Mediation" means a process whereby a
				mediator appointed by the department acts to encourage and facilitate
				resolution of a legally sufficient complaint. It is an informal and
				nonadversarial process with the objective of assisting the parties to reach a
				mutually acceptable agreement.
(2)
				For purposes of section
				 456.078, F.S., the following is
				designated as appropriate for mediation:
(a)
				First time issuance to the department of a check not supported by sufficient
				funds.
(b) Failure to identify or
				maintain a registered agent as required by section
				 484.008(3)(c),
				F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B29 - Optical Establishments › Chapter 64B29-2 - DISCIPLINE › Section 64B29-2.004 - Notice of Compliance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.695 FS. Law Implemented
					 456.073,
					 484.014(4)
					 FS.
New 3-6-05, Repealed
					 5-21-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B31 - Impaired Practitioners Program › Chapter 64B31-10 - IMPAIRED PRACTITIONERS PROGRAM › Section 64B31-10.001 - Approved Impaired Practitioner Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions:
(a) An Approved Impaired Practitioner Program
				is designated by the department through contract with a consultant to initiate
				intervention, recommend evaluation, and refer impaired practitioners to
				treatment providers or treatment programs and monitor the progress of impaired
				practitioners in treatment. Approved impaired practitioner programs do not
				provide medical services.
(b)
				Consultants operate approved impaired practitioner programs which receive
				allegations of licensee impairment, personally intervene or arrange
				intervention with licensees, refer licensees to approved treatment programs or
				treatment providers, evaluate treatment progress, and monitor continued care
				provided by approved programs and providers.
(c) A treatment program is approved by a
				designated impaired practitioner program and must be a nationally accredited or
				state licensed residential, intensive outpatient, partial hospital or other
				program with a multidisciplinary team approach with individual treatment
				providers treating licensees depending on the licensee's individual diagnosis
				and treatment plan that has been approved by an approved impaired practitioner
				program. A treatment provider is approved by a designated impaired practitioner
				program and must be a state licensed or nationally certified individual with
				experience treating specific types of impairment.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B31 - Impaired Practitioners Program › Chapter 64B31-10 - IMPAIRED PRACTITIONERS PROGRAM › Section 64B31-10.002 - Consultants'Assistance with Responsibilities of the Department through Intervention (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.076(1) FS.
					 Law Implemented 456.076(1)
					 FS.
New 5-12-93, Formerly 21-20.007, 61-10.007, 59HH-10.002,
					 Repealed 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B31 - Impaired Practitioners Program › Chapter 64B31-10 - IMPAIRED PRACTITIONERS PROGRAM › Section 64B31-10.003 - Evaluation and Treatment of Practitioner/Patients at Department Approved Treatment Providers/Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.076(1) FS.
					 Law Implemented 456.076(1)
					 FS.
New 5-12-93, Formerly 21-20.008, 61-10.008, 59HH-10.003,
					 Repealed 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B31 - Impaired Practitioners Program › Chapter 64B31-10 - IMPAIRED PRACTITIONERS PROGRAM › Section 64B31-10.004 - Continuing Care and Monitoring of Practitioners/Patients at Department Approved Treatment Providers/Treatment Programs by Consultants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.076(1) FS.
					 Law Implemented 456.076(1)
					 FS.
New 5-12-93, Formerly 21-20.009, 61-10.009, 59HH-10.004,
					 Repealed 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-1 - BOARD OF RESPIRATORY CARE - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B32-1.006 - Address of Licensee

Current through Reg. 50, No. 138; July 16, 2024
Each person holding a license issued pursuant to Part V of
				  Chapter 468, F.S., must maintain on file with the Board the current place of
				  practice and the residence address at which any notice required by law may be
				  served by the Department, the Board, or its agents. Within 60 days of changing
				  either address, whether or not within this state, the licensee shall notify the
				  Department by serving written notification of the new address to the
				  Board.
Rulemaking Authority
					 468.36 FS. Law Implemented
					 456.035,
					 468.36
					 FS.
New 5-10-92, Formerly 21M-33.009, 61F6-33.009, 59R-70.009,
					 Amended 3-16-98, Formerly 64B8-70.009, Amended
					 7-1-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-1 - BOARD OF RESPIRATORY CARE - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B32-1.007 - Certification of Public Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.025(8),
					 468.353 FS. Law Implemented
					 456.025(8)
					 FS.
New 5-10-92, Formerly 21M-33.010, 61F6-33.010, 59R-70.010,
					 64B8-70.010, Repealed 1-7-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-1 - BOARD OF RESPIRATORY CARE - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B32-1.008 - Attendance at Board Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1) Board
				members shall attend all regularly scheduled Board meetings unless prevented
				from doing so by reason of court order, subpoena, business with a court with
				the sole prerogative of setting the date of such business, death of a family
				member, illness of the Board member, or illness of the member's family, or
				other similar extenuating circumstances.
(2) No Board member may be absent from three
				consecutive regularly scheduled Board meetings unless the absence is excused
				for one of the reasons stated in subsection (1) of this rule. Other absences
				constitute unexcused absences for the purpose of declaring a vacancy on the
				Board. An otherwise excused absence is not excused if the Board member fails to
				notify the Board office of the impending absence prior to the regularly
				scheduled Board meeting at which the absence will occur unless the failure to
				notify is the result of emergency circumstances that would reasonably tend to
				preclude timely notification.
Rulemaking Authority
					 456.011(3),
					 468.353 FS. Law Implemented
					 456.011(3)
					 FS.
New 1-6-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-1 - BOARD OF RESPIRATORY CARE - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B32-1.009 - Other Business Involving the Board

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Board member compensation pursuant to Section
				   456.011(4),
				  F.S., "other business involving the Board" does not include telephone
				  conference calls that last less than four hours, but otherwise is defined to
				  include:
(1) Board meetings;
(2) Meetings of committees of the
				Board;
(3) Meetings of a Board
				member with staff or with a member or members of other regulatory boards at the
				request of the Board or the Department;
(4) Probable cause panel meetings;
(5) Attendance at legislative workshops or
				committee meetings at the request of the Board or Department;
(6) Attendance at meetings of National and
				State Associations as an authorized representative of the Board;
(7) Attendance at continuing education
				programs for the purpose of auditing a Board-approved provider when such
				attendance has been approved by the Board;
(8) Attendance at any function relating to
				Board business and authorized by the Board or Department.
Rulemaking Authority
					 456.011(4),
					 468.353 FS. Law Implemented
					 456.011(4)
					 FS.
New 1-6-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-1 - BOARD OF RESPIRATORY CARE - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B32-1.010 - Spouses of Members of Armed Forces Exemption

Current through Reg. 50, No. 138; July 16, 2024
A licensee who is the spouse of a member of the Armed Forces
				  of the United States shall be exempt from all licensure renewal provisions for
				  any period of time when the licensee is absent from the State of Florida due to
				  the spouse's duties with the Armed Forces. The licensee must document the
				  absence and the spouse's military status to the Board. The licensee is required
				  to notify the Board of a change in status within six months of the licensee's
				  return to the State of Florida or the spouse's discharge from active duty. If
				  the change of status occurs within the second half of the biennium, the
				  licensee is exempt from the continuing education requirement for that
				  biennium.
Rulemaking Authority
					 456.024(2) FS.
					 Law implemented 456.024(2)
					 FS.
New 1-6-02, Amended
					 5-23-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-1 - BOARD OF RESPIRATORY CARE - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B32-1.011 - Public Comments

Current through Reg. 50, No. 138; July 16, 2024
The Board of Respiratory Care invites and encourages all
				  members of the public to provide comment on matters or propositions before the
				  Board or a committee of the Board. The opportunity to provide comment shall be
				  subject to the following:
(1) Members
				of the public will be given an opportunity to provide comment on subject
				matters before the Board after an agenda item is introduced at a properly
				noticed board meeting.
(2) Members
				of the public shall be limited to 10 minutes to provide comment. This time
				shall not include time spent by the presenter responding to questions posed by
				Board members, staff or board counsel. The chair of the Board may extend the
				time to provide comment if time permits.
(3) A member of the public shall notify board
				staff in writing of his or her interest to be heard on a proposition or matter
				before the Board. The notification shall identify the person or entity,
				indicate support, opposition, or neutrality, and identify who will speak on
				behalf of a group or faction of persons consisting of three or more persons.
				Any person or entity appearing before the Board may use a pseudonym if he or
				she does not wish to be identified.
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 4-9-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-2 - LICENSURE REQUIREMENTS › Section 64B32-2.001 - License by Endorsement

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants for
				licensure as a Registered Respiratory Therapist or Certified Respiratory
				Therapist in the state of Florida shall apply on Form DH-MQA 1145, Application
				for Registered Respiratory Therapist or Certified Respiratory Therapist,
				Revised 07/2020, incorporated herein as this Board's application form and
				available on the web at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12222
,
				or at
http://www.doh.state.fl.us/mqa/respiratory/index.html
.
(2) Each applicant applying for licensure
				shall pay an application fee in the form of a check or money order payable to
				the Department of Health. The initial application must be accompanied by the
				application fee. The application fee is nonrefundable and may not be used for
				more than one year from the original submission of the application. After one
				year from the date of the original submission of an application and application
				fee, a new application and new fee shall be required from any applicant who
				desires to be considered for licensure.
(3) Every applicant for licensure as a
				registered respiratory therapist or certified respiratory therapist shall
				demonstrate the following:
(a)
1. That the applicant holds the "Registered
				Respiratory Therapist" or "Certified Respiratory Therapist" credential issued
				by the National Board for Respiratory Care, or an equivalent credential
				acceptable to the Board, or
2. That
				the applicant holds licensure, or the equivalent, to deliver respiratory care
				in another state and such licensure was granted pursuant to requirements
				determined to be equivalent to, or more stringent than, the requirements in
				Florida.