The Board proposes a rule amendment that eases the burden on licensees through the end of the license renewal biennium ending November 2021 by temporarily waiving the in-person requirement for continuing education, and clarifies ....

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-5.001Requirements for Reactivation of an Inactive or Retired License

PURPOSE AND EFFECT: The Board proposes a rule amendment that eases the burden on licensees through the end of the license renewal biennium ending November 2021 by temporarily waiving the in-person requirement for continuing education, and clarifies the documentation options for the applicant.

SUMMARY: The proposed rule temporarily modifies the limit on home study continuing education for reactivation of an inactive or retired license, and clarifies the documentation options for the applicant reactivating their inactive or retired license.

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: 486.025, 486.085(3), (4)(a), 486.108(3), 456.036 FS.

LAW IMPLEMENTED: 486.085, 486.108, 456.036 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: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B17-5.001 Requirements for Reactivation of an Inactive or Retired License.

An inactive or retired license shall be reactivated upon receipt by the Board office of the following:

(1)(a) Through (1)(c) No change.

(d) The change of status fee as specified by subsection 64B17-2.001(10), F.A.C.; and

(2) Documentation of compliance with all continuing education requirements as provided in Rule 64B17-9.001, F.A.C., including prevention of medical errors, for the biennium during which the licensee last held an active license; and,

(3)(a) Documentation of completion of ten (10) hours of continuing education for each year the license was inactive, including two (2) hours on the prevention of medical errors. No more than six (6) hours of continuing education may be completed by home study or online per year of inactive status. During the period December 1, 2019 - December 1, 2021, all required continuing education may be completed by home study or online. As part of the ten (10) hours of continuing education, the applicant must document completion of two (2) hours of continuing education specifically on Florida Physical Therapy Laws and Rules within the twelve (12) months immediately preceding application for reactivation. In lieu of two (2) hours of continuing education specifically on Florida Physical Therapy Laws and Rules, the applicant may receive two (2) hours of continuing education for taking and passing, within twelve (12) months immediately preceding application for reactivation, the Florida laws and rules examination developed by the FSBPT; or

(b) Documentation that the applicant is licensed and in good standing in another state and has actively engaged in the practice of physical therapy for the four (4) years immediately preceding application for reactivation. For purposes of this paragraph, “actively engaged in the practice of physical therapy” means the applicant practiced at least four hundred (400) hours per year in a state or states where the applicant maintained licensure;, or

(c) No change.

Rulemaking Authority 486.025, 486.085(3), (4)(a), 486.108(3), 456.036 FS. Law Implemented 486.085, 486.108, 456.036 FS. History–New 8-6-84, Formerly 21M-8.11, Amended 9-22-87, 12-30-87, 6-20-89, Formerly 21M-8.011, Amended 3-24-93, Formerly 21MM-5.001, 61F11-5.001, Amended 12-22-94, 4-4-95, 8-16-95, 7-1-97, Formerly 59Y-5.001, Amended 8-9-04, 7-19-06, 1-8-08, 8-18-08, 9-30-15, 10-16-17,_______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 09, 2020