The Board proposes an amendment that updates the rule to be consistent with the language of the laws implemented and designates additional continuing education options for licensees.

 

DEPARTMENT OF HEALTH

Board of Podiatric Medicine

RULE NO.:RULE TITLE:

64B18-17.001Continuing Education Required for License Renewal

PURPOSE AND EFFECT: The Board proposes an amendment that updates the rule to be consistent with the language of the laws implemented and designates additional continuing education options for licensees.

SUMMARY: The continuing education requirements for biennial renewal of a license are clarified by specifying that credits for reactivating an inactive license do not apply to the next biennial renewal; volunteer podiatric service at a free clinic is added for continuing education credit; and the requirement for education on human trafficking is added.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.013(6), 456.033, 456.0301(2), 461.005, 461.007(3) FS.

LAW IMPLEMENTED: 456.013(6), (7), 456.033, 456.0301(1), 461.007 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Janet Hartman, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-1708.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B18-17.001 Continuing Education Required for License Renewal.

(1) No change.

(2) All licensees who seek to renew the active status of their licensure must demonstrate that they have completed, during the previous two years, at least forty (40) hours of continuing education.

(a) through (d) No change.

(e) For active licensees in good standing, up to ten (10) hours of pro bono service may be counted toward the required continuing education for the biennium in which the service was provided. Pro bono service, however, must be performed under the auspices of a nonprofit agency or in clinics serving the indigent or otherwise underserved populations in areas of critical need within the state., and Pproof of such service on the agency’s or clinic’s letterhead and signed by the director of the agency or clinic, must be provided upon audit of the licensee’s continuing education credit hours.

(f) through (g) No change.

(3) through (5) No change.

(6) Continuing education earned for the purpose of renewing a delinquent license or reactivating an inactive license to active status may not be applied to the continuing education requirement for the next biennial renewal date.

(7) If the licensee has not actively practiced podiatric medicine for at least 2 years of the immediately preceding 4 years, the board may require the licensee to appear before the board at a regularly scheduled public meeting to demonstrate preparedness for active practice. The Board may require the licensee to successfully complete a board-approved course prior to active renewal of the license. For a licensee to have “actively practiced podiatric medicine” as defined in s. 461.007, the annual practice, teaching, or administration of podiatric medicine must minimally constitute an average of 20 hours per week.

(8) By January 1, 2021, each licensee or certificate holder shall complete a 1-hour board-approved continuing education course on human trafficking. The course must address both sex trafficking and labor trafficking, how to identify individuals who may be victims of human trafficking, how to report cases of human trafficking, and resources available to victims. The one-time human trafficking course shall apply to the regular 40-hour biennial renewal requirement for all licensees and is required of new applicants in their first renewal biennium as well as of licensees renewing to active status if the course has not already been taken.

(9)(7) Licensees must retain proof of attendance at continuing education programs for two years subsequent to the expiration of the biennial period for which the programs are claimed. Proof of attendance must be documented by a record of registration or certification of attendance issued by the program which states the number of credit hours received. Acceptable record of registration at a program is a receipt for the program, a copy of an embossed badge identifying the name, date and location of the program, or a copy of the front and back of the canceled check used by the licensee to pay for the program.

(10)(8) Certified podiatric x-ray assistants must complete the eight hour course set forth in section 461.0135, F.S., prior to renewal of certification.

(11)(9) Licensees must submit verification of attendance at any required continuing education course(s) to the Board or the Department within thirty (30) days of a request for such documentation.

(12)(10) No later than upon first renewal, all licensees must demonstrate completion of a continuing education course approved by the Board on the topic of HIV/AIDS.

Rulemaking Authority 456.013(6), 456.033, 456.0301(2), 461.005, 461.007(3) FS. Law Implemented 456.013(6), (7), (9), 456.0301(1), 456.033, 456.0341, 456.036(11), 456.0301(1), 461.003(5), 461.00(1), 7 FS. History–New 11-24-80, Formerly 21T-17.01, Amended 10-14-86, 2-21-88, 5-16-89, Formerly 21T-17.001, Amended 7-6-94, Formerly 61F12-17.001, Amended 1-1-96, 1-2-97, 6-1-97, Formerly 59Z-17.001, Amended 4-25-00, 9-27-01, 11-27-05, 1-29-07, 11-19-12, 8-6-18,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Podiatric Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Podiatric Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 17, 2019