The Board proposes the rule amendment to clarify that at least two of the 40 required continuing education courses be on the subject of prevention of medical errors; to provide continuing education credit for active or former Board members ...

 

DEPARTMENT OF HEALTH
Board of Podiatric Medicine

RULE NO.: RULE TITLE:
64B18-17.001: Continuing Education Required for License Renewal
PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify that at least two of the 40 required continuing education courses be on the subject of prevention of medical errors; to provide continuing education credit for active or former Board members participating in annual service on a Probable Cause Panel; to provide continuing education credit for service as a volunteer expert witness; to clarify that the required HIV/AIDS continuing education course must be approved by the Board.
SUMMARY: The number of hours of required continuing education courses on medical errors will be clarified; continuing education credit will be provided for active or former Board members participating in annual service on a Probable Cause Panel; continuing education credit for service as a volunteer expert witness will be provided; required HIV/AIDS continuing education must be approved by the Board.
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, based upon the expertise and experience of its members, 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, 461.005, 461.007(3) FS.
LAW IMPLEMENTED: 456.013(6), 456.033, 461.007 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bruce Deterding, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.

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 (b) No change.

(c) At least two (2) of the forty (40) hours must be on the subject of prevention of medical errors.

(d)(c) No change.

(e)(d) No change.

(f) Active board members, for each full or partial biennium served on the Board, or former Board members participating in annual service on a Probable Cause Panel, shall receive thirteen hours of continuing education credit per biennium that may be used to satisfy the required hours for laws and rules, risk management, prevention of medical errors or other general continuing education requirements.

(3)(a) For the purpose of this rule, risk management is defined as the identification, investigation, analysis, and evaluation of risks, and the selection of the most advantageous method of correcting, reducing or eliminating identifiable risks.

(b) The continuing education requirement in risk management may be obtained by complying with paragraphs 1.-3., below, upon attendance of one (1) day of a regularly scheduled Board meeting which includes disciplinary proceedings:

1. The licensee must sign in with the Executive Director Administrator of the Board before the meeting begins.

2. No change.

3. The licensee must sign out with the Executive Director Administrator of the Board at the end of the meeting day.

(4) No change.

(5) Any volunteer expert witness who is providing expert witness opinions for cases being reviewed pursuant to Chapter 461, F.S., shall receive five (5) hours of credit in the area of risk management for each case reviewed up to a maximum of ten (10) hours per biennium. In this regard, volunteer expert witnesses are encouraged to perform a review of podiatric, medical, legal, and/or ethical literature, as appropriate to the case being reviewed. An application for waiver under subsection (5) will be denied if it fails to comply with subsection (5). If the Board votes to deny the application for waiver, the Board will issue a Notice of Intention to Deny Waiver, and the provisions of Section 120.57, Florida Statutes, shall govern the procedure to be followed thereafter.

(6) through (9) No change.

(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 Specific Authority 456.013(6), 456.033, 461.005, 461.007(3) FS. Law Implemented 456.013(6), 456.033, 461.007 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,___________.

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: July 27, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 31, 2012