10968001, 59A-18.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10968001

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

NURSE REGISTRIES STANDARDS AND LICENSING

Overview

RULE:

59A-18.001	Purpose (Repealed)
59A-18.015	Surveys and Inspections (Repealed)
59A-18.016	Penalties (Repealed)

PURPOSE:

The purpose of the proposed rulemaking is to repeal Rules 59A-18.001, 59A-18.015, and 59A-18.016, F.A.C. The rules are no longer needed because the content is in state laws. The effect is that requirements in state rules that duplicate what is in state law will be removed.

SUMMARY:

Rule 59A-18.001, F.A.C., repeats the purpose that is stated in Section 400.462(2), F.S. The requirements for access to records and frequency of surveys in Rule 59A-18.015, F.A.C., are now in state law at Section 408.811, F.S.; therefore, the rule is no longer needed. Rule 59A-18.016, F.A.C., provides authority for injunctions and specifies fine amounts. Since the authority for injunctions is in Section 408.816, F.S., and amounts for fines are specified in Section 400.484(2), 408.806(2)(d), and 400.506(4) and (15), F.S., Rule 59A-18.016, F.A.C., needs to be repealed. Also, the Agency’s review of the rules found that the Agency does not have legal authority in the state law to keep Rule 59A-18.016, F.A.C., and it must be repealed.

RULEMAKING AUTHORITY:

400.497, 400.506 FS.

LAW:

400.497, 400.506 FS.

PRINT PUBLISH DATE:

1/27/2012 Vol. 38/04

COMMENTS:

From 1/27/2012 To 2/17/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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