reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-2 - LICENSURE REQUIREMENTS › Section 64B32-2.003 - Fees for Application and Initial Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) The application fee for a person desiring
				to be granted licensure shall be $50.00.
(2) The initial licensure fee for a person
				who becomes licensed shall be $50.00.
(3) In addition to all other fees collected,
				there shall be a $5.00 fee collected for each initial licensure and each
				renewal for the purpose of combating unlicensed activity.
Rulemaking Authority
					 456.013(2),
					 468.364 FS. Law Implemented
					 456.013(2),
					 456.065,
					 468.364
					 FS.
New 4-29-85, Formerly 21M-34.04, 21M-34.004, Amended
					 2-15-94, Formerly 61F6-34.004, Amended 9-29-94, Formerly 59R-71.004,
					 64B8-71.004, Amended 4-27-00, 8-28-05,
					 10-10-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-4 - BOARD OF RESPIRATORY CARE - LICENSE RENEWAL AND REACTIVATION; INACTIVE LICENSES › Section 64B32-4.001 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The biennial renewal fee for licensure
				shall be $120.00, with the exception that for the 2023 and 2025 renewal periods
				the fee shall be $90.00.
(2) The
				reactivation fee for activating an inactive license shall be $50.00.
(3) The renewal fee for renewing the inactive
				status of a license shall be $50.00.
(4) If a licensee wishes to request the Board
				or the Department to provide a duplicate license for replacement of a lost or
				destroyed license, the Board will issue the duplicate if the request is in
				writing and accompanied by a payment of $25.00.
(5) In addition to all other fees collected
				from each licensee, there shall be a $5.00 fee collected upon license renewal
				for the purpose of combating unlicensed activity.
(6) The delinquency fee shall be $120.00,
				with the exception that the 2023 and 2025 renewal periods the fee shall be
				$90.00.
(7) The change in status
				fee shall be $35.00.
(8) The
				retired status fee shall be $50.00.
Rulemaking Authority
					 456.025(1),
					 456.036(4)(b), (7),
					 (8),
					 456.065,
					 468.353(1),
					 468.364 FS. Law Implemented
					  456.025(1), (4),
					 (6),
					  456.036,
					  456.065,
					  468.364 FS.
New 4-29-85, Formerly 21M-36.04, Amended 5-10-92, Formerly
					 21M-36.004, Amended 9-21-93, 1-3-94, Formerly 61F6-36.004, Amended 7-18-95,
					 Formerly 59R-73.004, 64B8-73.004, Amended 4-27-00, 8-13-02, 5-15-05, 2-23-06,
					 1-1-15, 1-1-19, 10-31-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-4 - BOARD OF RESPIRATORY CARE - LICENSE RENEWAL AND REACTIVATION; INACTIVE LICENSES › Section 64B32-4.002 - Reactivation of Retired Status License

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				retired status licensee for less than five years may change to active status
				provided:
(a) A licensee pay any renewal fees
				imposed on an active status license for all biennial licensure periods during
				which the licensee was on retired status.
(b) A licensee must provide evidence of
				licensure as either a Certified Respiratory Therapist (CRT) or a Registered
				Respiratory Therapist (RRT), pursuant to Section
				 468.355, F.S.
(c) A licensee must meet the continuing
				educational requirements for Rule
				 64B32-6.001, F.A.C., for each
				biennium the licensee was in retired status.
(d) A licensee must take a medical errors
				course pursuant to Rule
				 64B32-6.007,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board may
				impose disciplinary penalties upon a determination that an applicant, licensee,
				or telehealth provider registered under Section
				 456.47(4),
				F.S.:
(a) Has violated any provision of
				Chapter 468, Part V, F.S., or any rules promulgated thereunder;
(b) Has violated any provision of Chapter
				456, F.S., or any rules promulgated thereunder.
(c) Has committed an act defined as
				"unprofessional conduct" in this rule chapter.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.002 - Payment of Fine

Current through Reg. 50, No. 138; July 16, 2024
All fines imposed by the Board shall be paid within thirty
				  (30) days from the date of the final order entered by the Board unless the
				  final order extends the deadline in any given case.
Rulemaking Authority
					 456.072(4),
					 468.365(4) FS.
					 Law Implemented 456.072(4),
					 468.365(2)
					 FS.
New 6-9-99, Formerly
					 64B8-74.005.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.003 - Unprofessional Conduct; Acceptable Standards Definition

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee is guilty of unprofessional
				conduct, which is defined as any departure from, or failure to conform to,
				acceptable standards related to the delivery of respiratory care services. Some
				examples of unprofessional conduct shall include the following acts:
(a) Violating the confidentiality of
				information or knowledge concerning a patient.
(b) Falsely misrepresenting the facts on an
				application for employment as a respiratory therapist.
(c) Leaving a respiratory therapy assignment
				before properly advising appropriate supervisory personnel.
(d) Providing false or incorrect information
				to an employer regarding the status of the certification, registration, or
				licensure.
(e) Failing to report
				another licensee in violation of the laws and/or rules pertaining to the
				profession.
(f) Using foul or
				abusive language in patient care or public areas.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.004 - Code of Ethics (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.354(5) FS.
					 Law Implemented 468.354(5)(a)
					 FS.
New 4-29-85, Formerly 21M-37.03, 21M-37.003, 61F6-37.003,
					 59R-74.003, 64B8-74.003, Repealed
					 1-31-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.005 - HIV/AIDS: Knowledge of Antibody Status, Action to Be Taken (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.032 FS. Law Implemented
					 456.032,
					 468.365(1)(x)
					 FS.
New 11-9-92, Formerly 21M-37.004, 61F6-37.004, 59R-74.004,
					 64B8-74.004, Repealed 1-31-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.006 - 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. When an offense subject to mediation is also a
				citation violation, the mediator shall be informed regarding the citation
				penalty for the offense.
(2) For
				purposes of Section  456.078, F.S., the Board
				designates as being appropriate for mediation:
(a) First time violations of subsection
				 64B32-6.001(2),
				F.A.C., failure to respond to a continuing education audit.
(b) Failure to notify the Department of a
				change of address as required by Rule
				 64B32-1.006, F.A.C., if there is
				a dispute and the Respondent did not timely respond to a notice of
				noncompliance.
(c) Issuance of a
				bad check to the Department under Section
				 468.365(1)(l),
				F.S., if there is a dispute and the Respondent did not timely respond to a
				notice of noncompliance.
(d)
				Violation of continuing education requirements under Section
				 468.361, F.S.
(e) Unprofessional conduct violations under
				Rule  64B32-5.003, F.A.C.
(f) Exercising influence on a patient to
				exploit the patient for financial gain under Section
				 468.365(1)(u),
				F.S.
(g) Failure to pay required
				fees and/or fines in a timely matter if disputed under Section
				 468.365(1)(i),
				F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.007 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				 456.077, F.S., the Board sets
				forth below those violations for which there is no substantial threat to the
				public health, safety, and welfare; or, if there is a substantial threat to the
				public health, safety, and welfare, such potential for harm has been removed
				prior to the issuance of the citation. Next to each violation is the penalty to
				be imposed. All citations will include a requirement that the subject correct
				the violation, if remediable, within a specified period of time not to exceed
				90 days, and impose whatever obligations will remedy the offense, except
				documentation of completion of continuing education requirements shall be as
				specified in paragraph (2)(a). If the violation is not corrected, or is
				disputed, the Department shall follow the procedure set forth in Section
				 456.073, F.S. In addition to any
				administrative fine imposed, the Respondent shall be required by the Department
				to pay the costs of investigation.
(2) The following violations may be disposed
				of by citation with the specified penalty:
(a) Violations of continuing education
				requirements required by Section
				 468.361, F.S.: are to be
				completed within 90 days of the date of the filing of the final order. Licensee
				must submit certified documentation of completion of all the CE requirements
				for the period for which the citation was issued; prior to renewing the license
				for the next biennium, licensee must document compliance with the CE
				requirements for the relevant period.
1.
				Failure to document HIV/AIDS continuing education requirement the fine shall be
				$100.00.
2. Documentation of some
				but not all of the 24 hours of continuing education for license renewal the
				fine shall be $50.00 for each hour not documented.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-5 - BOARD OF RESPIRATORY CARE - DISCIPLINE AND LICENSURE PROVISIONS › Section 64B32-5.008 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
In accordance with Sections
				   120.695 and
				   456.073, F.S., the Board shall
				  issue a notice of noncompliance as a first response to a minor violation of a
				  rule. Failure of a licensee 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
				  shall result in a notice of noncompliance are:
(1) Failure to notify of a change of address
				within 60 days as required by Rule
				 64B32-1.006, F.A.C.
(2) Non-intentional issuance of a bad check
				to the Department under Section
				 486.365(1)(l),
				F.S.
Rulemaking Authority
					  120.695,
					  456.073(3),
					 468.365(1)(x)
					 FS. Law Implemented 120.695,
					 456.073(3)
					 FS.
New 5-31-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-6 - BOARD OF RESPIRATORY CARE - CONTINUING EDUCATION › Section 64B32-6.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Academic Quarter Credit Hour" means ten
				(10) hours.
(2) "Academic Semester
				Credit Hour" means fifteen (15) hours.
(3) "Continuing education", for the purposes
				of this rule chapter, means planned offerings designed to enhance learning and
				promote the continued development of knowledge, skills, and attitudes
				consistent with contemporary standards for the individual's respiratory care
				practice.
(4) "Approved" means
				acceptable to the Board.
(5)
				"Biennium" means a time period of two (2) calendar years, as designated by the
				Department.
(6) "Hour" equals a
				minimum of fifty (50) minutes. One-half (1/2 or .5) hour equals a minimum of
				twenty-five (25) minutes.
Rulemaking Authority
					 468.353(1),
					 468.361(2) FS.
					 Law Implemented 468.361
					 FS.
New 4-29-85, Formerly 21M-38.02, Amended 9-29-86, Formerly
					 21M-38.002, 61F6-38.002, 59R-75.002, 64B8-75.002, Amended 2-20-07,
					 8-3-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-6 - BOARD OF RESPIRATORY CARE - CONTINUING EDUCATION › Section 64B32-6.004 - Procedures for Approval of Attendance at Continuing Education Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) During the license renewal period of each
				biennium, an application for renewal will be mailed to each licensee at the
				last address provided to the Board. Failure to receive any notification during
				this period does not relieve the licensee of the responsibility of meeting the
				continuing education requirements. The licensee must retain such receipts,
				vouchers, certificates, or other papers as may be necessary to document
				completion of the appropriate continuing education offerings listed on the
				renewal form for a period of not less than 4 years from the date the offering
				was taken. Failure to document compliance with the continuing education
				requirements or the furnishing of false or misleading information regarding
				compliance shall be grounds for disciplinary action pursuant to Section
				 468.365(1)(a),
				F.S.
(2) Excluding any
				recertification, review, refresher, or preparatory courses, all licensees shall
				be awarded continuing education hours for:
(a) Attendance at all offerings that are
				approved on or before January 6, 2023, by:
1.
				The American Association for Respiratory Care (AARC),
2. The Florida Society for Respiratory Care;
				and,
3. The Accreditation Council
				for Continuing Medical Education (ACCME), the American and Florida Thoracic
				Societies, the American College of Cardiology, the American College of Chest
				Physicians, the American and Florida Societies of Anesthesiologists, the
				American and Florida Lung Association, the National Society for Cardiopulmonary
				Technologists, the American Heart Association, the American Nurses Association,
				the Florida Nurses Association, and the Florida Board of
				Nursing.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-6 - BOARD OF RESPIRATORY CARE - CONTINUING EDUCATION › Section 64B32-6.005 - Provider Approval and Renewal Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The provider seeking approval shall:
Make application and profile electronically and allow a
				  minimum of 90 days prior to the date the offering begins, and submit the form
				  entitled APPLY TO BE A CE PROVIDER on FORM DH-MQA-CEB-1, May 2006 which was
				  adopted and incorporated by reference in Department of Health Rule
				   64B-5.003, F.A.C., and is
				  available at
https://www.cebroker.com/public/pb_index.asp
along with a minimum of one course for approval and the following:
(a) A statement of the educational goals and
				objectives of the program, including the criteria for successful completion of
				the program as explained to attendees;
(b) A detailed course outline or syllabus,
				including such items as method of instruction, and testing materials, if
				any;
(c) A current curriculum vitae
				of each speaker or lecturer appearing in the program;
(d) The procedure to be used for recording
				attendance of those attendees seeking to apply for continuing education credit
				and the procedure for certification of attendance; and,
(e) A sample certificate of
				completion.
(f) Sample
				evaluation.
(g) The $250
				application fee.
(h) Submit a
				minimum of one (1) offering for the Board's review.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-6 - BOARD OF RESPIRATORY CARE - CONTINUING EDUCATION › Section 64B32-6.006 - AIDS Education and Medical Error Prevention Education

Current through Reg. 50, No. 138; July 16, 2024
(1) Each licensee must complete at least
				three continuing education hours of HIV/AIDS education through a Board approved
				course no later than upon the licensee's first biennial renewal of licensure.
				New licensees may complete a course no more than five (5) years preceding
				initial licensure date.
(2) To
				receive Board approval, courses on HIV/AIDS shall be at least one hour and
				include the following subject areas: Modes of transmission, Infection control
				procedures, Clinical management, Prevention, and current Florida law on AIDS
				and the impact on testing, confidentiality, and treatment. A home study course
				shall be permitted to fulfill this aspect of the HIV/AIDS education.
(3) Courses approved by any Board within the
				Division of Medical Quality Assurance of the Department of Health pursuant to
				Section  456.033, F.S., are approved by
				this Board.
(4) Each licensee must
				complete a Board approved 2-hour continuing education course relating to the
				prevention of medical errors no later than upon the licensee's first biennial
				renewal of licensure. The 2-hour course shall count toward the total number of
				continuing education hours required for each license renewal. The course shall
				include medication errors, including missed treatments, documentation errors,
				equipment errors, patient errors and communication errors.
Rulemaking Authority
					 456.013(9),
					 456.033 FS. Law Implemented
					 456.013(9),
					 456.033
					 FS.
New 6-20-89, Amended 7-28-92, Formerly 21M-38.006, Amended
					 1-2-94, Formerly 61F6-38.006, 59R-75.006, 64B8-75.006, Amended 4-27-00,
					 7-22-02, 6-20-07, 5-25-15, 9-17-15, 2-4-16,
					 10-17-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-6 - BOARD OF RESPIRATORY CARE - CONTINUING EDUCATION › Section 64B32-6.007 - Continuing Education Requirements for Reactivation of License

Current through Reg. 50, No. 138; July 16, 2024
The continuing education requirements for reactivation of a
				  license shall be:
(1) Those
				requirements specified in Section
				 456.036(11),
				F.S.; and,
(2) Documented proof of
				completion of 24 hours of approved continuing education as provided in this
				rule chapter and medical error prevention, for the biennium during which the
				license was inactive; and,
(3)
				Documented proof of 12 hours of approved continuing education as provided in
				this rule chapter for each year the license was inactive.
Rulemaking Authority
					 456.036,
					 468.363 FS. Law Implemented
					 456.036,
					 468.363
					 FS.
New 10-11-04, Amended 6-21-07,
					 10-17-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B32 - Board of Respiratory Care › Chapter 64B32-7 - PROBABLE CAUSE AND RELATED MATTERS › Section 64B32-7.001 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board shall
				enter final orders in disciplinary cases against respiratory therapists. The
				determination of probable cause to issue an administrative complaint against a
				respiratory therapist shall be made by the Probable Cause Panel of the
				Board.
(2) The Chair of the Board
				shall appoint at least two people to the probable cause panel and shall
				designate its chair. The appointed people shall be either current Board members
				or at least one current Board member and one or more former members of the
				Board. If available, one member of the panel shall be a consumer member and at
				least one member shall be a licensed member of the profession. Once appointed,
				a panel shall serve for no less than six months. With regard to violations of
				Part V of Chapters 468 and 456, F.S., and/or the rules promulgated pursuant
				thereto, the determination as to whether there is probable cause that a
				violation has occurred shall be made by a majority vote of the Probable Cause
				Panel of the Board.
(3) The Chair
				of the Board may make temporary appointments to the panel as necessary to
				conduct the business of the panel in the absence or unavailability of a
				regularly appointed panel member.
(4) If a Board member has reviewed a case as
				a member of the Probable Cause Panel, that member, if available, shall be on
				the panel for reconsideration of that case if reconsideration is requested by
				the prosecutor.
Rulemaking Authority
					 456.073(2),
					 (4),
					 468.365 FS. Law Implemented
					 456.073(4)
					 FS.
New 4-27-00.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-1 - ORGANIZATION AND GENERAL PROVISIONS › Section 64B33-1.001 - Probable Cause Determinations

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination as to whether probable cause exists that a violation of the
				provisions of Chapters 456 and 468, Part XIII, F.S., and/or the rules
				promulgated pursuant thereto, has occurred shall be made by a majority vote of
				a probable cause panel of the Board.
(2) There shall be one probable cause panel
				of the board, composed of two members, one of whom may be a past board member
				who is not currently appointed to the board.
(3) The probable cause panel members shall be
				selected by the Chair of the Board, one (1) of whom shall be designated by the
				Chair of the Board as the presiding officer of the panel.
(4) The probable cause panel shall meet at
				such times as called by the presiding officer of the panel or by two members of
				the panel. Any meeting of a probable cause panel must include a present board
				member.
Rulemaking Authority
					 456.073 FS. Law Implemented
					 456.073(4)
					 FS.
New 8-22-00, Amended
					 7-29-09.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-1 - ORGANIZATION AND GENERAL PROVISIONS › Section 64B33-1.002 - Other Board Business for Which Compensation is Allowed

Current through Reg. 50, No. 138; July 16, 2024
The following is defined to be other business involving the
				  Board pursuant to Section
				   456.011(4),
				  F.S.:
(1) All Board or Committee
				meetings required by statutes, Board rule, or Board action.
(2) Meetings of Board members with Department
				staff or contractors of the Department at the Department's or the Board's
				request.
(3) Any meeting a Board
				member attends at the request of the State Surgeon General or by the Board or
				Board Chair.
(4) Probable Cause
				Panel Meetings.
(5) All
				participation in Board authorized meetings with professional associations of
				which the Board is a member or invitee. This would include all meetings of
				national associations of registration Boards of which the Board is a member as
				well as Board authorized participation in meetings of national or professional
				associations or organizations involved in educating, regulating, or reviewing
				the profession over which the Board has statutory authority.
(6) All attendance at continuing education
				courses for the purpose of monitoring said courses.
(7) All travel to and from Board meetings or
				other Board business that involves the use of all or any part of a day prior to
				or subsequent to completion of the Board meeting or other Board
				business.
Rulemaking Authority
					 456.011(4),
					 468.705 FS. Law Implemented
					 456.011(4)
					 FS.
New 8-22-00.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-1 - ORGANIZATION AND GENERAL PROVISIONS › Section 64B33-1.003 - Unexcused Absences of Board Members

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Board member's absence from a Board meeting shall be considered unexcused if
				the Board member had not received approval of the Chair or the Chair's designee
				prior to missing the meeting.
(2)
				Arriving late for a Board meeting or leaving early from a Board meeting without
				prior approval of the Chair or the Chair's designee shall be considered an
				unexcused absence.
Rulemaking Authority
					 456.011(3) FS.
					 Law Implemented 456.011(3)
					 FS.
New 8-22-00.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-1 - ORGANIZATION AND GENERAL PROVISIONS › Section 64B33-1.004 - Security and Monitoring Procedures for Examination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.017(1)(d),
					 468.705 FS. Law Implemented
					 456.017(1)(d)
					 FS.
New 8-22-00, Repealed
					 11-17-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-1 - ORGANIZATION AND GENERAL PROVISIONS › Section 64B33-1.005 - Exemptions for Spouses of Members of the Armed Forces

Current through Reg. 50, No. 138; July 16, 2024
A licensee who is a spouse of a member of the Armed Forces of
				  the United States is exempt from licensure renewal provisions for any period of
				  time that 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.
Rulemaking Authority
					 456.024(2),
					 468.705 FS. Law Implemented
					 456.024(2)
					 FS.
New 9-19-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-1 - ORGANIZATION AND GENERAL PROVISIONS › Section 64B33-1.006 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Athletic Training 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 five (5) 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) Members 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 its support, opposition, or neutrality, and identify who will speak on
				behalf of a group or faction of persons consisting of three (3) 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 12-15-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-2 - REQUIREMENTS FOR LICENSURE; CONTINUING EDUCATION › Section 64B33-2.001 - Licensure Requirements

Current through Reg. 50, No. 138; July 16, 2024
All candidates for licensure shall pay the application fee
				  and shall submit to the Department a completed DOH form DOH-AT-001 entitled
				  "Athletic Training Application for Licensure," (Revised 03/2024), incorporated
				  herein by reference. The application can be obtained by writing the Department
				  of Health, Board of Athletic Training, 4052 Bald Cypress Way, Bin #C08,
				  Tallahassee, Florida 32399-3258, or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16596
.
				  The application is also available from the website address as follows:
http://www.floridasathletictraining.gov/licensing/
.
(1) Each applicant for licensure shall meet
				the following requirements:
(a) The applicant
				shall submit proof of successful completion of an accredited professional
				athletic training degree program; or a bachelor's degree in any subject and
				documentation of completion of the Board of Certification internship
				requirements.
(b) The applicant
				shall submit proof of passing the national examination to be certified by the
				Board of Certification.
(c) The
				applicant shall submit proof of current certification in both cardiopulmonary
				resuscitation and the use of an automated external defibrillator at the
				professional rescue level from the American Heart Association, the American Red
				Cross, American Safety and Health Institute, the National Safety Council, or an
				entity approved by the Board as equivalent.
(d) All applicants must submit to a
				background screening pursuant to Section
				 456.0135, F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-2 - REQUIREMENTS FOR LICENSURE; CONTINUING EDUCATION › Section 64B33-2.002 - Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.034,
					 468.705,
					 468.711 FS. Law Implemented
					 456.013(7),
					 456.034,
					 468.707(2),
					 468.711(2), (3)
					 FS.
New 5-29-96, Formerly 61-25.003, 64B30-25.003, Amended
					 8-22-00, Amended 7-29-09, Repealed
					 8-23-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-2 - REQUIREMENTS FOR LICENSURE; CONTINUING EDUCATION › Section 64B33-2.004 - Address of Record

Current through Reg. 50, No. 138; July 16, 2024
(1) Each licensee shall
				provide either written or electronic notification to the department of the
				licensee's current mailing address and place of practice. The term "place of
				practice" means the address of the physical location where the licensee
				practices.
(2) Each licensee shall
				provide either written or electronic notification to the department of a change
				of address within thirty (30) days of the address change.
(3) If electronic notification is used, it
				shall be the responsibility of the licensee to ensure that the electronic
				notification was received by the department.
Rulemaking Authority
					 456.035(1),
					 468.705 FS. Law Implemented
					 456.035
					 FS.
New 7-14-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-2 - REQUIREMENTS FOR LICENSURE; CONTINUING EDUCATION › Section 64B33-2.005 - Requirements for Reactivation of an Inactive License

Current through Reg. 50, No. 138; July 16, 2024
An inactive license shall be reactivated upon demonstration
				  that the licensee has paid the reactivation fee set forth in Rule
				   64B33-3.001, F.A.C., and has
				  complied with the following requirements:
(1) As a condition to the reactivation of an
				inactive license, an athletic trainer must submit proof of successful
				completion of approved continuing education for each year of inactive status,
				if initially licensed after January 1, 1998, submit proof of current
				certification by the Board of Certification and must disclose any criminal
				convictions or pending disciplinary or criminal charges. In addition, the
				athletic trainer must submit a written statement which accounts for all
				employment activity during the period of inactive licensure.
(2) Any athletic trainer whose license has
				been inactive for more than two consecutive biennial licensure cycles (more
				than 4 years) shall be required to appear before the Board and establish the
				ability to practice with the care and skill sufficient to protect the health,
				safety, and welfare of the public.
(3) Effective July 1, 2016, all applicants
				will submit to background screening pursuant to Section
				 456.0135, F.S. The board may
				require a background screening for an applicant whose license has expired or
				who is undergoing disciplinary action.
Rulemaking Authority
					 456.036,
					 468.705 FS. Law Implemented
					 456.0135,
					 456.036,
					 468.707,
					 468.711
					 FS.
New 8-10-09, Amended 12-3-09, 1-16-12,
					 1-5-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-3 - FEES › Section 64B33-3.001 - Fees

Current through Reg. 50, No. 138; July 16, 2024
The following fees are prescribed for athletic
				  trainers:
(1) The application fee
				shall be $100.00.
(2) The initial
				licensure fee for those initially licensed in the first year of the biennium
				shall be $100.00. For those initially licensed in the second year of the
				biennium, the initial licensure fee shall be $100.00.
(3) The biennial renewal fee shall be
				$100.00.
(4) The inactive fee shall
				be $50.00.
(5) The delinquent fee
				shall be $75.00.
(6) The
				reactivation fee shall be $25.00.
(7) At any time other than renewal, the
				change of status fee shall be $25.00.
(8) The retired status fee shall be
				$50.00.
Rulemaking Authority
					  456.025,
					  456.036 (3), (7), (10), (11),
					 (16),
					 468.705,
					 468.709 FS. Law Implemented
					 456.025,
					 456.036,
					  468.709 FS.
New 7-12-95, Amended 5-29-96, Formerly 61-25.001,
					 64B30-25.001, Amended 8-22-00, 9-19-05, 8-12-08, 7-29-09, 1-16-17,
					 12-18-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-4 - STANDARDS OF PRACTICE › Section 64B33-4.001 - Protocols; Scope of Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				licensed athletic trainer shall apply principles, methods and procedures within
				the domains established by the Board of Certification that provide the
				foundation of the scope of the athletic trainer's practice.
(a) Risk Reduction, Wellness, and Health
				Literacy;
(b) Assessment,
				Evaluation, and Diagnosis;
(c)
				Critical Incident Management;
(d)
				Therapeutic Intervention;
(e)
				Healthcare Administration and Professional Responsibility.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-5 - DISCIPLINE › Section 64B33-5.002 - Mitigating and Aggravating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
Based upon consideration of aggravating or mitigating
				  factors, present in an individual case, the Board may deviate from the
				  penalties recommended in subsections (3) through (5) of rule
				   64B33-5.001, F.A.C. If
				  mitigating factors are present, the administrative fine may be reduced and a
				  less severe action, such as a reprimand or probation, taken against the
				  licensee from the range of actions given in the disciplinary guidelines. If
				  aggravating factors are present, the maximum administrative fine may be imposed
				  and more severe action, such as suspension or revocation, taken against the
				  licensee from the range of actions given in the disciplinary guidelines. The
				  Board shall consider as aggravating or mitigating factors the following:
(1) The danger to the public;
(2) The length of time since the
				violation;
(3) The number of times
				the licensee has been previously disciplined by the Board;
(4) The length of time licensee has
				practiced;
(5) The actual damage,
				physical or otherwise, caused by the violation;
(6) The deterrent effect of the penalty
				imposed;
(7) The effect of the
				penalty upon the licensee's livelihood;
(8) Any effort of rehabilitation by the
				licensee;
(9) The actual knowledge
				of the licensee pertaining to the violation;
(10) Attempts by licensee to correct or stop
				violation or refusal by licensee to correct or stop violation;
(11) Related violations against licensee in
				another state including findings of guilt or innocence, penalties imposed and
				penalties served;
(12) Actual
				negligence of the licensee pertaining to any violation;
(13) Penalties imposed for related offenses
				under subsections (3) through (5), above;
Rulemaking Authority
					  456.072,
					  456.079,
					 468.705,
					 468.719 FS. Law Implemented
					 456.072,
					 456.079,
					  468.719 FS.
New 5-9-02, Amended
					 9-21-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-5 - DISCIPLINE › Section 64B33-5.003 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Definition. As used in this rule:
(a) "Citation" means an instrument which
				meets the requirements set forth in Section
				 456.077, F.S., and which is
				served upon a subject for the purpose of assessing a penalty in an amount
				established by this rule;
(b)
				"Subject" means the licensee alleged to have committed a violation designated
				in this rule.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-5 - DISCIPLINE › Section 64B33-5.004 - Reasonable Time to Pay Fines, Costs and Assessments

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				   456.072(4),
				  F.S., a reasonable time within which to pay any fines, costs and assessments
				  imposed by the Board shall be thirty (30) days unless a longer time period is
				  set forth in the disciplinary order imposing the fines, costs or
				  assessments.
Rulemaking Authority
					 456.072(4),
					 468.705 FS. Law Implemented
					 468.705,
					 456.072(2), (4)
					 FS.
New 5-9-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-5 - DISCIPLINE › Section 64B33-5.005 - 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
				non-adversarial process with the objective of assisting the parties to reach a
				mutually acceptable agreement.
(2)
				For the purpose of Section
				 456.078, F.S., the Board
				designates as being appropriate for mediation first time violations of the
				following provision of Section
				 468.719(1),
				F.S.: except as provided in Section
				 465.016, F.S., failing to report
				to the department any person who the licensee knows is in violation of this
				chapter, the chapter regulating the alleged violator, or the rules of the
				department or the board.
(3) Such
				violations are appropriate for mediation only if:
(a) The economic harm caused by an act or
				omission is not due to intentional misconduct;
(b) There is no allegation of physical harm
				or injury to a patient related to such violation; and,
(c) The violation does not result in an
				adverse incident as defined in Section
				 456.078(2),
				F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B33 - Board of Athletic Training › Chapter 64B33-5 - DISCIPLINE › Section 64B33-5.006 - Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) Subject to the
				limitations imposed by this rule, the following violations are designated as
				minor for the purposes of Section
				 456.073(3),
				F.S.
(a) Violations of Section
				 456.072(1)(r),
				F.S., improperly interfering with an investigation or inspection authorized by
				statute, or with any disciplinary proceeding;
(b) Violations of Section
				 456.072(1)(u),
				F.S., failing to comply with the requirements of Sections
				 381.026 and
				 381.0261, F.S., to provide
				patients with information about their patient rights and how to file a patient
				complaint.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B34 - Genetic Counselors › Chapter 64B34-1 - GENETIC COUNSELORS › Section 64B34-1.001 - Documentation for Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants
				for licensure shall submit form DH-MQA 5067 (7/2022), Application for Genetic
				Counselor, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15007
.
(2) Applicants applying for a temporary
				license shall submit form DH-MQA 5066 (7/2022), Application for Genetic
				Counselor Temporary License, incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15008
.
				A temporary license shall be effective for two years from the date of issuance
				and may not be renewed.
Rulemaking Authority
					 483.914(1) FS.
					 Law Implemented 483.914
					 FS.
New 2-22-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B34 - Genetic Counselors › Chapter 64B34-1 - GENETIC COUNSELORS › Section 64B34-1.002 - Continuing Education Requirements

Current through Reg. 50, No. 138; July 16, 2024
A licensee must demonstrate compliance with continuing
				  education requirements during the biennium by entering the licensee's American
				  Board of Genetic Counseling, Inc. issued certification number and submitting a
				  copy of the active certification documentation in the CE tracking system, along
				  with proof of licensee's completion of a two-hour prevention of medical errors
				  course.
Rulemaking Authority
					 483.915(2) FS.
					 Law Implemented 483.915
					 FS.
New 2-22-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64C - Division of Children's Medical Services › Chapter 64C-1 - DEFINITIONS, RIGHTS AND RESPONSIBILITIES › Section 64C-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapters 64C-1 through 64C-4, F.A.C.:
(1) "Applicant" means an individual who
				expresses a desire to be evaluated for eligibility for the Children's Medical
				Services Managed Care Plan.
(2)
				"Case manager" or "care coordinator" means the individual designated to provide
				care coordination, directly with, or on behalf of, a participant.
(3) "Florida Resident" means anyone
				physically residing within the State of Florida, regardless of the length of
				that residency. A minor's residency is tied to the residency of the minor's
				parent, legal custodian, or legal guardian unless the applicant is age 18
				through 20 years of age. "Florida resident" does not include a child and
				parent, legal custodian, or legal guardian, who is in the state temporarily or
				transiently, is in the state not for the purpose of establishing a permanent
				domicile or residence, or is an out-of-state child, who is temporarily in the
				state for a treatment program. People residing on Federal Indian Reservations
				within Florida's boundaries are considered Florida residents.
(4) "Non-physician providers" are all other
				licensed or certified health care providers not licensed under Chapter 458 or
				459, F.S.
Rulemaking Authority
					 391.026(18) FS.
					 Law Implemented 391.026
					 FS.
New 1-1-77, Formerly 10J-1.05, Amended 8-4-93, 3-28-96,
					 Formerly 10J-1.005, Amended 1-26-03,
					 12-9-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64C - Division of Children's Medical Services › Chapter 64C-1 - DEFINITIONS, RIGHTS AND RESPONSIBILITIES › Section 64C-1.003 - Requirements of CMS Applicants and Participants

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon request, applicants for and
				participants in CMS will furnish to CMS accurate medical and financial
				information. Applicants and participants will also keep CMS informed of any
				changes in medical or financial circumstances, which includes notifying CMS of
				all assets, resources and funds, including health care insurance and plans, and
				funding acquired through contracts, settlements, awards and trust funds, which
				are available to the family for medical services.
(2) For CMS reimbursement participants are
				required to utilize CMS credentialed providers and facilities.
(3) Participants must be Florida
				residents.
Rulemaking Authority
					 391.026(18),
					 402.24(2)(h)
					 FS. Law Implemented 391.026,
					 391.047,
					 402.24
					 FS.
New 1-1-77, Formerly 10J-1.07, Amended 8-4-93, 3-28-96,
					 Formerly 10J-1.007, Amended 1-26-03,
					 12-9-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64C - Division of Children's Medical Services › Chapter 64C-1 - DEFINITIONS, RIGHTS AND RESPONSIBILITIES › Section 64C-1.004 - Methods of Service Delivery (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 391.026(18) FS.
					 Law Implemented 391.026
					 FS.
New 1-1-77, Formerly 10J-6.02, Amended 7-12-93, Formerly
					 10J-6.002, 64C-5.001, Amended 1-26-03, Repealed
					 12-9-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64C - Division of Children's Medical Services › Chapter 64C-2 - APPLICATION/ELIGIBILITY FOR SERVICES › Section 64C-2.002 - Eligibility for CMS Network Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Clinical eligibility for the CMS Managed Care Plan may be established by an
				authorized representative of the Department through completion of the CMS
				Clinical Eligibility Screening Form, DH8000-CMS (12/2015), incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06270
.
(2) Clinical eligibility for the CMS Managed
				Care Plan may be established by a diagnosis of one or more of the health
				conditions listed on the CMS Clinical Eligibility Attestation form. The CMS
				Clinical Eligibility Attestation, Form DH8001-CMS (05/2016), is incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07444
.
(3) If clinical eligibility is not
				established after the evaluations described in subsections (1) and (2),
				re-screening may be requested by contacting the CMS Plan office or at
www.cmsplan.floridahealth.gov
.
(4) Application may be made for children with
				a diagnosis of one or more health conditions not listed on the CMS Clinical
				Eligibility Attestation form, by requesting a review by a panel of medical
				professionals assigned by the CMS Managed Care Plan, to determine the child's
				clinical eligibility. The Medical Review Panel shall consist of the Deputy
				Secretary for CMS or designee, one CMS Regional Medical Director and one CMS
				Regional Nursing Director. The Medical Review Panel will complete the CMS
				Medical Panel Review for Clinical Eligibility Determination Form DH8002-CMS
				(05/2016), incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07445
.
(5) Review Process for Clinical Eligibility
				Determinations.
(a) As used in this provision,
				"potential enrollee" means a child referred to the Children's Medical Services
				Managed Care Plan for clinical eligibility determination for services whose
				eligibility for the CMS Managed Care Plan has not been established.
(b) Potential enrollees who have been
				determined not clinically eligible for the CMS Managed Care Plan after
				completion of the Clinical Eligibility Screening Form DH8000-CMS or CMS
				Eligibility Attestation DH8001-CMS and completion of the CMS Medical Panel
				Review for Clinical Eligibility may seek review of the ineligibility
				determination by filing a petition for hearing with the Agency Clerk for the
				Department. Potential enrollees will be notified of the final medical panel
				review and denial by certified mail as well as their right of appeal.
(c) A hearing shall be conducted by an
				impartial hearing officer employed or contracted by the Department in
				accordance with Section
				 120.80(15),
				F.S.