(1) The State Surgeon General shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the State Surgeon General, may declare all or part of a rule or proposed rule invalid if it:
(a) Does not protect the public from any significant and discernible harm or damages;
(b) Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or
(c) Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit.
However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.
(2) In addition, either the State Surgeon General or the board shall be a substantially interested party for purposes of s. 120.54(7). The board may, as an adversely affected party, initiate and maintain an action pursuant to s. 120.68 challenging the final agency action.
(3) No board created within the department shall have standing to challenge a rule or proposed rule of another board. However, if there is a dispute between boards concerning a rule or proposed rule, the boards may avail themselves of the provisions of s. 456.011(5).
History.—s. 46, ch. 97-261; s. 44, ch. 2000-160; s. 63, ch. 2008-6.
Note.—Former s. 455.544.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 456 - Health Professions and Occupations: General Provisions
456.003 - Legislative Intent; Requirements.
456.004 - Department; Powers and Duties.
456.005 - Long-Range Policy Planning.
456.006 - Contacting Boards Through Department.
456.008 - Accountability and Liability of Board Members.
456.009 - Legal and Investigative Services.
456.011 - Boards; Organization; Meetings; Compensation and Travel Expenses.
456.012 - Board Rules; Final Agency Action; Challenges.
456.013 - Department; General Licensing Provisions.
456.0135 - General Background Screening Provisions.
456.016 - Use of Professional Testing Services.
456.018 - Penalty for Theft or Reproduction of an Examination.
456.019 - Restriction on Requirement of Citizenship.
456.022 - Foreign-Trained Professionals; Special Examination and License Provisions.
456.023 - Exemption for Certain Out-of-State or Foreign Professionals; Limited Practice Permitted.
456.0241 - Temporary Certificate for Active Duty Military Health Care Practitioners.
456.025 - Fees; Receipts; Disposition.
456.027 - Education; Accreditation.
456.029 - Education; Substituting Demonstration of Competency for Clock-Hour Requirements.
456.0301 - Requirement for Instruction on Controlled Substance Prescribing.
456.031 - Requirement for Instruction on Domestic Violence.
456.032 - Hepatitis B or HIV Carriers.
456.033 - Requirement for Instruction for Certain Licensees on HIV and Aids.
456.0341 - Requirements for Instruction on Human Trafficking.
456.036 - Licenses; Active and Inactive Status; Delinquency.
456.0361 - Compliance With Continuing Education Requirements.
456.038 - Renewal and Cancellation Notices.
456.039 - Designated Health Care Professionals; Information Required for Licensure.
456.0391 - Advanced Practice Registered Nurses; Information Required for Licensure.
456.0392 - Prescription Labeling.
456.041 - Practitioner Profile; Creation.
456.042 - Practitioner Profiles; Update.
456.043 - Practitioner Profiles; Data Storage.
456.044 - Practitioner Profiles; Rules; Workshops.
456.045 - Practitioner Profiles; Maintenance of Superseded Information.
456.046 - Practitioner Profiles; Confidentiality.
456.048 - Financial Responsibility Requirements for Certain Health Care Practitioners.
456.049 - Health Care Practitioners; Reports on Professional Liability Claims and Actions.
456.0495 - Reporting Adverse Incidents Occurring in Planned Out-of-Hospital Births.
456.052 - Disclosure of Financial Interest by Production.
456.054 - Kickbacks Prohibited.
456.055 - Chiropractic and Podiatric Health Care; Denial of Payment; Limitation.
456.056 - Treatment of Medicare Beneficiaries; Refusal, Emergencies, Consulting Physicians.
456.0575 - Duty to Notify Patients.
456.059 - Communications Confidential; Exceptions.
456.063 - Sexual Misconduct; Disqualification for License, Certificate, or Registration.
456.0635 - Health Care Fraud; Disqualification for License, Certificate, or Registration.
456.066 - Prosecution of Criminal Violations.
456.067 - Penalty for Giving False Information.
456.068 - Toll-Free Telephone Number for Reporting of Complaints.
456.069 - Authority to Inspect.
456.071 - Power to Administer Oaths, Take Depositions, and Issue Subpoenas.
456.072 - Grounds for Discipline; Penalties; Enforcement.
456.073 - Disciplinary Proceedings.
456.074 - Certain Health Care Practitioners; Immediate Suspension of License.
456.075 - Criminal Proceedings Against Licensees; Appearances by Department Representatives.
456.076 - Impaired Practitioner Programs.
456.077 - Authority to Issue Citations.
456.079 - Disciplinary Guidelines.
456.081 - Publication of Information.
456.082 - Disclosure of Confidential Information.
456.36 - Health Care Professionals; Exemption From Disqualification From Employment or Contracting.
456.38 - Practitioner Registry for Disasters and Emergencies.
456.41 - Complementary or Alternative Health Care Treatments.
456.42 - Written Prescriptions for Medicinal Drugs.
456.43 - Electronic Prescribing for Medicinal Drugs.
456.44 - Controlled Substance Prescribing.
456.47 - Use of Telehealth to Provide Services.