Section 497.162, F.S., requires certain employees to complete a communicable disease educational class and requires the Board to adopt rules that provide for the use of approved videocassette courses and other types of audio, video, Internet, or ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

RULE NO: RULE TITLE
69K-17.0035: Education Required for Operational Personnel and Non-Licensed Individuals.
PURPOSE AND EFFECT: Section 497.162, F.S., requires certain employees to complete a communicable disease educational class and requires the Board to adopt rules that provide for the use of approved videocassette courses and other types of audio, video, Internet, or home study courses to fulfill this educational requirement. The proposed amendment clarifies which employees are required to take a communicable disease course and updates the types of courses that can be used to fulfill this educational requirement.
SUMMARY: The proposed amendment requires operational personnel, as defined by Rule 69K-15.005, F.A.C., to take and pass a two hour course on communicable diseases. Rule 69K-15.005, F.A.C., defines “operational personnel” as “those individuals who come in direct contact with or remove or transport dead human remains, or those individuals who come in direct contact with blood or other body fluids.” The proposed amendments also implement the changes made by Chapter 2007-55, Laws of Florida, by allowing operational personnel to use the Internet to take approved communicable disease education courses required by Section 497.162, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 497.103(1)(s), (5)(a), 497.162 FS.
LAW IMPLEMENTED: 497.162 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, November 17, 2008, 10:00 a.m.
PLACE: Alexander Building, 2020 S.E. Capital Circle, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Doug Shropshire [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Doug Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361 [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-17.0035 Communicable Disease Education Required for Operational Personnel and Nonlicensed Individuals.

(1) All unlicensed operational personnel as defined in Rule 69K-15.005, F.A.C., affiliated with a direct disposal establishment, cinerator facility, removal service, refrigeration facility, or centralized embalming facility, and unlicensed persons who will be involved in the removal or transportation of human remains for a funeral establishment, direct disposal establishment, or cinerator facility shall must successfully complete one Board approved course approved by the Board on communicable diseases, within 10 days after the date they are employed by become operational personnel for any entity that is subject to licensed/registered under Chapter 497, F.S. Additionally, all nonlicensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases. The course shall be at least consist of two (2) hours and which may include the use of approved video-cassette courses, or other types of audio, video, Internet, or home study alternative nonclassroom courses to fulfill the continuing education requirements. Each person shall complete and pass a post course test with a 75% correct score or higher, to be graded by the course provider. All persons subject to this rule shall maintain documentation showing as proof of meeting the communicable disease health and safety education requirement as a condition of employment with any establishment, facility or service regulated under Chapter 497, F.S.

(2) Courses approved for two (2) or more hours pursuant to paragraph 69K-17.0042(3)(c), F.A.C., can be used to fulfill the two (2) hour communicable disease educational requirement are also approved for this purpose. Information about approved continuing education providers that offer courses that will satisfy this communicable disease educational requirement can be found on the Department’s website (http://www.myfloridacfo.com).

Specific Authority 497.103(1)(s), (5)(a), 497.162 FS. Law Implemented 497.162 FS. History–New 4-10-94, Amended 9-10-96, 11-20-96, 6-24-01, Formerly 61G8-17.0035, Amended_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 3, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 21, 2007