The Board proposes the rule amendment to update the requirements for continuing education.

 

DEPARTMENT OF HEALTH

Board of Chiropractic Medicine

RULE NO.:RULE TITLE:

64B2-13.004Continuing Education

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the requirements for continuing education.

SUMMARY: The requirements for continuing education will be updated.

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, 456.025(7), 460.408(3) FS.

LAW IMPLEMENTED: 456.013(6), (8), (9), 456.025(7), 456.036(10), 460.408 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: Dayle Mooney, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, or by telephone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-13.004 Continuing Education.

(1) Required Hours. For the purpose of renewing a license, an licensed Chiropractic Physician applicant must demonstrate to the Board that he or she participated in at least forty (40) contact classroom hours and a (twenty-four (24) for Certified Chiropractic Physicians Assistants) must demonstrate participation in at least twenty-four (24) contact classroom hours of continuing chiropractic education during the past two (2) years. Only those contact classroom hours earned at Board approved continuing education courses or which comply with the provisions of this rule are acceptable. For purpose of this rule, the term “contact classroom hour” shall mean fifty (50) minutes of instruction offered through in-person courses or through online attendance continuing education courses complying with subsection (3).Live, synchronous online (“virtual live”) courses shall be considered to be in-person courses, and shall be approved pursuant to the approval criteria for in-person courses.

(2) Required Areas.

(a) Risk Management. At least three (3) hours shall be in the area of risk management. Two (2) of these three risk management hours shall specifically relate to the laws and rules of the board and the Department of Health. For the purpose of this rule, risk management means the identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing or eliminating identifiable risks. The laws and rules of the Board and the regulatory agency under which the Board operates include Chapters 456 and 460, F.S., and rule Chapter Division 64B2, F.A.C.

(b) No change.

(3) Online Attendance Continuing Education.

(a) Definitions. For purposes of this rule, the following definitions shall apply.

1. “Online attendance continuing education course” means a competency based learning course presented through live, synchronous technology or through prerecorded video coupled with a means for course attendees to ask questions of the instructor(s) and receive responses in a timely manner. Such courses may be presented through video conferencing technologies or interactive computer based applications.

2. “Competency Based Learning” shall mean a course in which periodic challenge questions and a post-test is administered to assess the licensee’s mastery of the materials.

(b) Challenge questions. Challenge questions are offered during each credit hour of a course to verify the licensee’s attendance. A minimum of seventy-five percent (75%) of the challenge questions asked during each credit hour must be answered by the attendee to receive credit for that hour of content. If an attendee fails to answer at least 75% of the challenge questions, the attendee must retake the entire credit hour, and each credit hour must be completed before the next credit hour of content may be attempted. Challenge questions must be related to that credit hour’s content.

(b)(c) No change.

(c)(d) No online attendance continuing education course may be repeated for credit within the same biennium; this limitation does not apply to live, synchronous online courses.

(4) Licensees Certified in Acupuncture. Each licensee certified in acupuncture by the Board shall obtain four (4) hours of Board approved acupuncture continuing education. Two (2) hours shall be in the area of safety and risk management and two (2) hours shall be in the area of technique. These four (4) hours shall be obtained as part of the forty (40) hours required in each licensure biennium and may be obtained through online courses. Licensees certified in acupuncture must complete the hours required in subsection 64B2-13.004(2), F.A.C.

(5) Approval of Continuing Education Courses.

(a) Provider approval fees. Continuing education providers, including providers of continuing education in AIDS and risk management, seeking initial approval of continuing education courses by the Board shall pay a fee of $250.00. Continuing education providers seeking renewal for the providership of previously approved courses with no change in course content or instructor shall also pay a $250.00 fee each biennium. The initial fee and renewal fee shall be assessed per provider and not per course.

(b) No change.

(c) Requirements for approval of all courses. To receive Board approval, all continuing education courses:

1. No change.

2. Must be offered for the purpose of keeping the licensee apprised of advancements and new developments in at least one of the following areas, provided that the continuing education is within the scope of chiropractic practice as defined in Chapter 460, F.S.:

a. through c. No change.

d. Imaging X-ray technique or interpretation,

e. through p. No change.

q. Law relating to the practice of chiropractic, the Board of Chiropractic Medicine and the regulatory agency under which the Board operates,.

r. Practice management and cost containment.  Practice management is defined as the development or mechanics of establishing and managing an office, including enhancement of patient care, insurance issues, and working with managed care programs. It does not include methods of increasing business profits, marketing of chiropractic services, investments, or financial management.

3. Shall have its sponsor submit to the Board at least the following:

a. No change.

b. A current curriculum vitae of each speaker or lecturer appearing in the program; and,

c. The procedure to be used for recording attendance of those attendees seeking to apply for continuing education credit and the procedure for certification by the provider program’s registrar of attendance to be submitted to the Board as verification. The course provider must certify each licensee’s attendance and the provider or licensee must submit verification to the Board. A signed declaration statement of course completion from a licensee shall be considered a valid form of recording attendance by the provider. The licensee must retain course completion certificates to document completion of the continuing education acknowledged on the renewal form for a period of not less than four (4) years. Upon request of the Board or Department, the licensee must submit satisfactory documentation of compliance with the requirements set forth herein. The provider must require a licensee provide a photo identification and sign in and out each time they enter or exit the meeting site and licensee’s attendance must be certified by the course’s registrar and submitted to the Board as verification. Providers of online attendance courses must explain how this requirement will be substantially met through the course’s technology.

4. Shall be taught by one or more speakers or lecturers with at least one of the following qualifications:

a. No change.

b. A post-graduate level instructor of a chiropractic college or school maintaining a standard and reputability approved by the Board, or a post-graduate level instructor at a medical or osteopathic college or a university which college or university is accredited by, or has status with, an agency or its successor which is recognized and approved by the United States Office of Education or the Council on Post Secondary Accreditation; or and

c. A bachelor's degree and two (2) years of experience in the subject matter being taught; or

d. An associates’ degree and four (4) years of experience in the subject matter being taught; or

e. A post-graduate degree.

5. No change.

6. Shall not present any marketing or promotional material during the delivery of the continuing education.

(6)(d) Additional requirements for approval of online attendance courses. In addition to the requirements of paragraph (5)(c), to receive Board approval, all online attendance continuing education courses must meet the following additional requirements.

1. All online attendance continuing education courses shall be competency based learning.

(a) 2. The continuing education provider must explain the appropriate level of technology required for the licensee to participate in the course.

(b) 3. The continuing education provider must have technical assistance available as appropriate to the course format.

(c) 4. The provider must allow access to the online program to a Board member for auditing purposes.; and

5. Copies of all post-test and challenge questions, must be submitted for Board review.

(e) As an alternative to submission of online courses to the Board for review, providers may submit online courses through the Federation of Chiropractic Licensing Boards, Providers of Continuing Education (PACE) Pre-Check Expedited Course Submission process. If this process is used, the course must be submitted to the Board for final approval.

(7) Continuing education course instructors or related entities shall not compensate continuing education providers or related entitites by any means in exchange for their services or materials.

(8) Any course that does not go through the proper approval process shall be denied and attendees shall not receive credit for attending these courses.

(9)(6) No change.

(10)(7) Alternative Means of Earning Continuing Education Credits.

(a) through (b) No change.

(c) Course Instructors; Speakers; Panelists. In addition to the continuing chiropractic education credits authorized above, a course instructor or speaker, for one presentation only per biennium, will receive ten (10) hours of credit for a continuing education program offered sponsored by a Board approved provider. A panelist at a conference of healthcare professionals at a Board approved conference, shall receive five (5) hours of risk management continuing education credit per biennium.

(d) through (g) No change.

Rulemaking Authority 456.013, 456.025(7), 460.408(3) FS. Law Implemented 456.013(6), (8), (9), 456.025(7), 456.036(10), 460.408 FS. History–New 1-10-80, Amended 11-25-80, 1-13-82, Formerly 21D-13.04, Amended 6-22-86, 7-5-87, 1-25-88, 10-17-90, 10-15-92, Formerly 21D-13.004, Amended 10-26-93, Formerly 61F2-13.004, Amended 3-16-95, 7-18-95, 6-11-96, Formerly 59N-13.004, Amended 6-24-98, 8-4-99, 7-11-02, 11-30-03, 4-17-05, 11-14-06, 11-13-07, 7-1-09, 5-17-10, 8-22-11, 10-21-12, 7-10-13, 7-8-15, 11-15-16, 5-30-17, 1-22-18, 8-5-18, 9-5-19, 7-22-21, 11-17-21,                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2021