Florida Administrative Code

(1) Calibration Standards must be prepared by diluting Certified Reference Materials to produce working standards to be used in the Calibration of instruments, the quantitation of Analytical Samples, and for use in Laboratory Fortified Blanks and Matrix Spike Samples. CMTLs must …

(1) A CMTL must generate a COA containing the results from each Final Product tested, containing all the information required in paragraph (1)(a) below, and all the information required in paragraphs (1)(b) and (1)(c) below, as applicable. Additional information, analysis, or gra…

(1) CMTLs must create and maintain Retention Time Windows for each Target Analyte, Surrogate, and Internal Standard for each Testing Field in which chromatography is used for analysis. (a) The Retention Time Window is calculated by multiplying three (3) times the standard deviati…

(1) As used in this rule, the term "Marijuana Waste" includes the following materials: (a) Testing Waste, which means spent solvents, lab wastes, and similar materials used in the testing of Usable Whole Flower Marijuana or Derivative Product ready for disposal; (b) Product Waste…

(1) Required Background Screening. (a) No person may serve as an Employee, Owner, or Manager, as those terms are defined in section 381.988, F.S., until the person has passed a level 2 background screening. (b) A CMTL that allows a person to serve as an employee, owner, or manage…

A physician licensed under Chapter 458 or 459, F.S., a nurse midwife certified under Part I of Chapter 464, F.S. or a midwife licensed under Chapter 467, F.S. shall report adverse incidents, as defined in Section 456.0495, F.S., over which he or she could exercise control that ar…

(1) The Department will issue a notice of violation to any business entity, governmental entity or educational institution found in violation of Section 381.00316, F.S., prior to final agency action. Such notice will include hearing rights pursuant to Section 120.569, F.S. (2) Ea…

(1) The Department will issue a notice of violation to any governmental entity or educational institution found in violation of Section 112.0441, F.S., prior to final agency action. Such notice will include hearing rights pursuant to Section 120.569, F.S. (2) Each violation of Se…

(1) Parents or legal guardians of newborns and infants identified as having sickle cell disease or sickle cell trait through the newborn screening program as described in s. 383.14, F.S., may opt out of inclusion in the Sickle Cell Registry (Registry) by completing DOH Form - DH8…

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.013(1), 456.017(1) FS. History-New 9-7-98, Amended 7-20-03, 9-30-09, Repealed 3-30-14.

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History-New 9-7-98, Amended 7-20-03, 9-30-09, Repealed 3-30-14.

Rulemaking Authority 456.004(5), 456.017(1)(a), (d), (f) FS. Law Implemented 456.017(1) FS. History-New 9-7-98, Amended 7-20-03, 3-26-07, 4-7-08, 9-30-09, Repealed 3-30-14.

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History-New 9-7-98, Amended 7-20-03, 9-30-09, Repealed 12-21-15.

(1)(a) The department will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations and availability of resources. Accommodations ma…

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017 FS. History-New 9-7-98, Amended 7-20-03, 9-30-09, Repealed 3-30-14.

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History-New 9-7-98, Amended 7-20-03, 9-30-09, Repealed 3-30-14.

(1) Grading of all examinations shall be processed as follows: (a) National examinations shall be graded solely and exclusively by the national examination provider or its contract provider. (b) Department-developed practical or clinical or computer-based testing examinations sha…

Rulemaking Authority 456.004(5), 456.014, 456.017(2) FS. Law Implemented 456.014, 456.017 FS. History-New 9-7-98, Amended 2-21-00, 7-20-03, 6-19-08, 9-30-09, Repealed 12-21-15.

(1) National examinations will be certified by the department according to the criteria established in this rule. National examinations shall be recertified during contract renewal periods as established by the department. (a) The national examination shall be developed either by…

Rulemaking Authority 456.004(5), 456.017(1)(e) FS. Law Implemented 456.017(1)(e) FS. History-New 9-7-98, Repealed 3-30-14.

(1) Procedures for post-examination review of a national examination, if permitted per policy, shall be in accordance with the policies and procedures of the national examination or contracted vendor. (2) A candidate who has taken and failed a department-developed practical or cl…

Rulemaking Authority 456.004(5), (10), 456.017(1)(b), (2), (6), (7) FS. Law Implemented 456.004(10), 456.017(1), (2) FS. History-New 3-14-02, Amended 7-20-03, 7-12-05, 1-23-07, 4-7-08, 6-29-09, 3-19-12, Repealed 11-3-15.

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History-New 7-20-03, Repealed 9-30-09.

Rulemaking Authority 456.077, 464.006 FS. Law Implemented 456.077 FS. History-New 4-24-05, Repealed 4-27-17.

Rulemaking Authority 464.203 FS. Law Implemented 464.203 FS. History-New 12-27-07, Repealed 3-5-18.

The Practitioner Profile shall consist of: (1) "Practitioner Information" shall consist of the practitioner's license number, license status, year the practitioner began practicing his or her profession, primary business name, business address, business city and state, each hospi…

Rulemaking Authority 456.004, 456.044 FS. Law Implemented 456.039, 456.0391, 458.319, 459.008, 460.407, 461.007 FS. History-New 9-2-01, Repealed 3-29-12.

Rulemaking Authority 456.004 FS. Law Implemented 456.0391, 456.042 FS. History-New 9-2-01, Amended 3-28-05 Repealed 3-30-14.

(1) "Legible Medical Records" means medical records that can be read, deciphered, and understood. (2) "Current Mailing Address" means an address acceptable to the United States postal service where the licensee shall be served with notices pertaining to licensure. (3) "Place of P…

Rulemaking Authority 458.311(1)(g), 458.3313(1)(a), 458.319, 459.0055(1)(i), 459.008, 460.406(1)(g), 460.407, 461.006(1)(e), 461.007 FS. Law Implemented 456.039(4), 458.311(1)(g), 458.3115, 458.3124, 458.313(1)(a), 458.319, 459.0055(1)(i), 459.008, 460.406(1)(g), 460.407, 461.006…

Rulemaking Authority 627.736(5) FS. Law Implemented 627.736(5) FS. History-New 1-7-04, Repealed 12-11-07.

(1) A practitioner authorized in this state to prescribe prescription drugs (hereinafter referred to as "prescribing practitioner") must use a counterfeit-proof prescription pad or blank produced by a vendor approved by the department when writing prescription(s) for controlled s…

For the purposes of Section 627.736(5)(b)2., F.S., the Department of Health, in consultation with the appropriate licensing boards, adopts the following list of diagnostic tests, when not used during a surgical procedure, based on the lack of demonstrated medical value and level …

When the department or the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling receives a complaint, information, or otherwise has reason to believe that a person has been or is using the title of social worker or holding himself or herself ou…

The department shall contact the appropriate board for expert or technical advice as follows: (1) The board or its designated probable cause panel shall be asked to review expert or technical credentials and shall approve all new expert witnesses with whom the department intends …

(1) A practitioner authorized in this state to prescribe medicinal drugs that maintains a system of electronic health records or who prescribes medicinal drugs as an owner, employee or contractor of a licensed health care facility or practice that maintains such a system may requ…

The fee for certification of a public record shall be $25. Rulemaking Authority 456.004(5), 456.025(11) FS. Law Implemented 456.025(11) FS. History-New 11-9-98, Amended 9-10-14.

An inspection fee of $1500 shall be paid annually for each practice location required to be inspected, pursuant to Rule 64B8-9.0091 or 64B15-14.0076, F.A.C. Each practice location will be assessed the above referenced fee at the time of inspection regardless of the number of phys…

(1) Every office performing surgery as defined in Sections 458.328 and 459.0138, F.S., that is not licensed as a facility under Chapter 390 or 395, F.S., must register with the Department of Health by submitting Form #DH-MQA 1031, Office Surgery Registration Application, effectiv…

(1) The applicant for certification shall pay an initial nonrefundable registration fee of $1,000. (2) The fee for review of the certification application is $40,000. At the end of the certification process, if any portion of this fee exceeds the documented reasonable costs and e…

Rulemaking Authority 456.004, 458.3265, 459.0137 FS. Law Implemented 458.3265, 459.0137 FS. History-New 1-5-10, Repealed 4-4-16.

Rulemaking Authority 456.004, 458.3265(4), 459.0137(4) FS. Law Implemented 458.3265, 459.0137 FS. History-New 1-5-10, Amended 12-6-10, Repealed 3-8-16.

The application fee shall be $65.00. Rulemaking Authority 456.024(3) FS. Law Implemented 456.024, 456.065(3) FS. History-New 3-18-12.

For the purposes of this rule chapter, the following definitions will apply: (1) "Approved provider" means a person approved by a board, or the department when there is no board, to provide continuing education or whose continuing education program has been approved by a board, o…

For the purposes of implementing and maintaining the CE tracking system, the following requirements apply: (1) Provider submission of program information. Unless otherwise provided by rule of a board or the department when there is no board, prior to the date a program is to be o…

Approved providers submitting required continuing education information and licensees who go online to self-submit continuing education information pursuant to Rule 64B-5.002, F.A.C., shall use the following forms effective May 2006, which are adopted and incorporated herein by r…

Rulemaking Authority 456.065 FS. Law Implemented 456.065 FS. History-New 10-5-04, Repealed 9-10-14.

(1) In addition to the remedies available to the Department under Section 456.065(2)(a), F.S., the Department may impose by citation an administrative penalty for violations of Chapter 456, F.S., or the applicable practice acts, or rules promulgated pursuant thereto. (2) Multiple…

For the purposes of this rule only, the following violations with accompanying penalty may be disposed of by citation: (1) Violations that form the basis of a misdemeanor in the second degree shall result in a penalty of $500 for the first offense, $1,000 for a second offense, an…

(1) Every clinic location, unless exempt under Section 458.3265(1) or 459.0137(1), F.S., must designate a physician and register with the Department on Application to Register Pain Management Clinic, form #DH-MQA 1219 (revised 6/2020), incorporated by reference and available at h…