To clarify in both Rule 64B13-5.001, F.A.C., and Rule 64B13-5.002, F.A.C., continuing education requirements.  


  • RULE NO: RULE TITLE
    64B13-5.001: Hours Requirement
    64B13-5.002: Criteria for Approval
    PURPOSE AND EFFECT: To clarify in both Rule 64B13-5.001, F.A.C., and Rule 64B13-5.002, F.A.C., continuing education requirements.
    SUMMARY: In both Rule 64B13-5.001, F.A.C., and Rule 64B13-5.002, F.A.C., continuing education requirements are clarified.
    SUMMARY 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: 456.013(7), 463.005(1), 463.007(3), (4) FS.
    LAW IMPLEMENTED: 456.013(7), 463.007 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B13-5.001 Hours Requirement.

    (1) As a condition to the renewal of a biennial license, each licensed practitioner shall be required to maintain professional competency by completing 30 clock hours of continuing education in subjects relating to optometry that have been approved by the Board. Licensed practitioners shall not be required to complete the continuing education requirements during the biennium in which they are initially licensed but must complete one hour of approved continuing education in acquired immune deficiency syndrome that complies with the requirements of Section 456.033, F.S. receive initial licensure. Credit for continuing education will be allowed on the basis of an hour for hour. To receive one hour credit, a licensed practitioner must attend not less than 50 minutes. There will be no fractional hour credits.

    (a) For licensed practitioners who are certified optometrists, at least 6 of the required those 30 hours must be of “transcript quality.” For purposes of this rule, the phrase “transcript quality” refers to coursework in ocular and systemic pharmacology and the diagnosis, treatment and management of ocular and systemic conditions and diseases. Transcript quality CE must be sponsored by a school or college of optometry or equivalent educational entity as approved by the Board and must which requires a test and passing grade.

    (b) Attendance at a continuing education program must be certified by the lecturer or someone in charge of the program. An instructor of a course may credit the hours taught towards completion of the instructor’s required continuing education; provided, however, that an instructor may only credit a course once, regardless of the number of times the course is taught. However In addition, the instructor of a course may not credit the hours taught towards completion of the “transcript quality” portion of the continuing education requirement. For the biennium ending at the end of February 2003, each licensed practitioner may count hours of continuing education obtained between January of 2001 and the end of February 2001, so long as the licensed practitioner did not count those hours for the March 1, 1999 – February 28, 2001, biennium. However, effective March 1, 2003, Ccontinuing education hours must be obtained during the biennium preceding license renewal.

    (a) The Board shall audit an appropriate number of randomly selected licensed practitioners and certified optometrists to assure that the reports of completion of continuing education are valid.

    (b) The Board office has the authority to audit any licensed practitioner or certified optometrist for purposes of determining the validity of that individual’s report of completion of continuing education.

    (c) At the time of audit, each designated licensed practitioner or certified optometrist must provide to the Board office appropriate documentation of completion of the required continuing education.

    (d) All licensees are responsible for maintaining appropriate records of completed continuing education for the past two bienniums.

    (c)(2) Licensed practitioners shall be permitted to earn two of the 30 clock hours of continuing education credit per biennium upon demonstrating successful completion of approved training in cardiopulmonary resuscitation given by the American Heart Association or the American Red Cross.

    (3) Licensed practitioners shall be required to complete one hour of approved continuing education in acquired immune deficiency syndrome education as part of the requirement of subsection 64B13-5.001(1), F.A.C. Such continuing education shall comply with the requirements of Section 456.033, F.S.

    (d)(4) Licensed practitioners shall be permitted to earn two Four (4) hours of the thirty (30) clock hours may be in the area of practice management. In order for a licensed practitioner to receive education credit in the area of practice management stated herein, at least two (2) of the four (4) hours must be in the area of Florida jurisprudence.

    (e)(5) As part of the 30 clock hours, lLicensed practitioners shall be required to obtain may earn two clock hours in the area of Florida jurisprudence. A licensed practitioner may earn two hours in Florida jurisprudence as allowed by subsection (6) by attending a meeting of the Board for no less than four (4) continuous hours. Licensed practitioners will be required to sign-in and sign-out with board staff. Those licensed practitioners present for disciplinary purposes are not eligible to earn the two clock hours for the Board meeting. Out of state licensed practitioners who do not practice in Florida at any time during the biennium, shall be permitted to satisfy the requirement of two hours in Florida jurisprudence by certifying that they have obtained and read a copy of the current provisions of Chapter 456 and 463, F.S., and Rule Chapter 64B13, F.A.C.

    (f) As part of the 30 clock hours, licensed practitioners are required to complete a 2-hour course relating to prevention of medical errors, as part of the licensure and renewal process. The course shall be approved by the Board and shall include a study of root-cause analysis, error reduction and prevention, and patient safety. If the course is being offered by a facility licensed pursuant to Chapter 395, F.S., for its employees, the Board approves 1 hour of the 2-hour course to be specifically related to error reduction and prevention methods used in that facility.

    (2) The Board shall audit an appropriate number of randomly selected licensed practitioners to assure that the reports of completion of continuing education are valid. At the time of audit, each designated licensed practitioner must provide to the Board office appropriate documentation of completion of the required continuing education. All licensed practitioners are responsible for maintaining appropriate records of completed continuing education for the past two bienniums.

    (6) Licensed practitioners who at any time during the biennium practiced in Florida shall be required to obtain two (2) hours of education in the area of Florida jurisprudence.

    (7) Out of state licensees may satisfy the requirements for jurisprudence by certifying that they have obtained and read a copy of Chapters 456 and 463, F.S., and Rule Chapter 64B13, F.A.C.

    (8) Licensees are required to complete a 2-hour course relating to prevention of medical errors as part of the licensure and renewal process. The course shall be approved by the Board and shall include a study of root-cause analysis, error reduction and prevention, and patient safety. The 2-hour course shall count towards the total number of continuing education hours required for licensure renewal. If the course is being offered by a facility licensed pursuant to Chapter 395, F.S., for its employees, the Board approves 1 hour of the 2-hour course to be specifically related to error reduction and prevention methods used in that facility.

    Specific Authority 456.013(7), 463.005(1), 463.007(3), (4) FS. Law Implemented 456.013(7), 463.007 FS. History–New 11-13-79, Amended 5-28-80, 9-16-80, 1-13-81, 2-14-82, Formerly 21Q-5.01, Amended 12-16-86, 12-11-88, 4-19-89, 12-20-89, 9-22-92, 10-28-92, Formerly 21Q-5.001, Amended 8-31-93, Formerly 61F8-5.001, Amended 11-29-94, 7-5-95, 8-18-96, Formerly 59V-5.001, Amended 3-21-00, 10-2-01, 1-8-02, 5-8-02, 3-20-03,________.

     

    64B13-5.002 Criteria for Approval.

    (1) In determining whether to approve a program of continuing professional education required by subsection 64B13-5.001(1) or (2), F.A.C., the Board shall consider whether the program contributes to the improvement, advancement, and extension of one’s professional skill and knowledge to the benefit of the patient he serves. Continuing education courses in practice management and Florida jurisprudence as stated in subsection 64B13-5.001(1)(5)(e) and (f), F.A.C., shall be provided by an individual or organization with demonstrated competence in Florida Law pertaining to optometric practice as evidenced by the individual or organization’s credentials, education and experience.

    (2) Approval of non-transcript quality continuing education programs. A non-transcript quality continuing education program that satisfies the following criteria or course content shall be approved upon presentation of the information specified in subsection (4) below:

    (a) A non-transcript quality continuing education program must satisfy the following criteria or course content: The course must be an organized program of learning that will contribute to the advancement and enhancement of professional competency and scientific knowledge in the practice of optometry, and must be designed to reflect the educational needs of Florida optometrists.

    1. The course must be an organized program of learning that will contribute to the advancement and enhancement of professional competency and scientific knowledge in the practice of optometry, and must be designed to reflect the educational needs of Florida optometrists.

    2.(b) The course must have scientific and educational integrity and must contain customary and generally accepted optometric and medical practices.

    3.(c) The course must have an outline which demonstrates consistency with the course description and reflects the course content.

    4.(d) A course handout/outline must be provided to all participants.

    5.(e) The course must be taught in a manner appropriate to the educational content, objectives, and purpose of the program, and must allow suitable time to be effectively presented to the audience.

    6.(f) The minimum credit for any qualified course is one hour. One hour of continuing education credit equals fifty (50) minutes of instructional time.

    7.(g) Instructors must have the necessary qualifications, training and experience to present the course. Principal instructors must hold a minimum of a doctorate-level degree (O.D., M.D., Ph.D., D.O., J.D., D.D.S., D.C., Pharm.D., L.L.D., D.Ed., D.Sc., etc.) or its international equivalent. Faculties at accredited schools or colleges of optometry are exempt from this requirement. Individuals who do not hold at least a doctorate-level degree, or are not on faculty at an accredited school or college of optometry shall only be listed as adjunct instructors for the course and only when the principal instructor holds a doctorate-level degree.

    (b)  A non-transcript quality continuing education program shall be approved upon presentation of the following information by the program or course provider or by a licensed practitioner who attended the course:

    1. Compliance with the criteria or course content specified in subparagraphs (2)(a)1.-7., above;

    2. Date(s) and time(s) of each course.

    3. Complete outline of course, including a breakdown of hours for each subject.

    4. Evidence that the fee specified in subsections 64B13-6.001(15) and (16), F.A.C., has been paid; provided however, should the provider not seek approval of the course, the licensed practitioner seeking approval of the course shall pay the fee.

    5. Notwithstanding subparagraphs (2)(b)1.-3., if the program is non-transcript quality and has been previously approved by the Council on Optometric Practitioner Education (COPE), or by any other recognized organization that sponsors optometric education, utilizing the criteria set forth in paragraph (2)(a), the Board shall approve the program upon submission of the approved course number issued by COPE or other recognized organization and compliance with subparagraph (2)(b)4.

    (3) Approval of transcript quality continuing education programs. A transcript-quality course that satisfies the following requirements, in addition to the criteria or course content in subsection (2) above, shall be approved upon presentation of the information specified below as well as the information specified in subsection (4) below:

    (a) A transcript quality continuing education program must satisfy the following criteria or course content: The course must be in consultation with or sponsored by a school or college of optometry or equivalent entity.

    1. Compliance with the criteria or course content specified in subparagraphs (2)(a)1.-6.

    2. The course must be in consultation with or sponsored by a school or college or optometry or equivalent entity.

    3.(b) The course must be in at least two (2) hour blocks.

    4.(c) The course must be taught by instructors approved by the Board. Faculty members that instruct regular courses for the sponsoring school or equivalent educational entity will automatically be approved. Instructors not fitting into this category must be approved by the Board.

    5.(d) The course must require a Board approved examination with a passing grade. Grading and certification of examinations can be delegated by the provider to an equivalent educational entity.

    6.(e) The examination must be monitored or mailed to the licensee after the course.

    (b) A transcript quality continuing education program shall be approved upon presentation of the following:

    1. Compliance with the criteria or course content specified in subparagraphs (3)(a)1.-6.

    2. Date(s) and time(s) of each course.

    3. Complete outline of course, including a breakdown of hours for each subject.

    4. A letter from the dean of the sponsoring school or college of optometry or equivalent educational entity certifying transcript quality credit.

    5. A copy of the examination to be given, with the answer key.

    6. Identification of the entity responsible for grading and certifying the examination(s).

    7. Evidence that the fee specified in subsections 64B13-6.001(15) and (16), F.A,C., has been paid.

    (c)  In order for a course to be considered transcript quality, it must be approved by the Board as transcript quality prior to the time it is taken.

    (4)  A course needs to be approved only once during the biennium in which it is presented so long as the presenter and the course outline do not change. To obtain Board approval, the following information must be provided by the program or course provider or by a licensed practitioner who attended the course:

    (a) Information sufficient to demonstrate compliance with the criteria set forth in subsection (2) above.

    (b) Date(s) and time(s) of each course.

    (c) Complete outline of course, including a breakdown of hours for each subject.

    (d) In the case of a transcript quality course a letter from the dean of the sponsoring school or college of optometry or equivalent educational entity certifying transcript quality credit.

    (e) In the case of a transcript quality course, a copy of the examination to be given.

    (f) In the case of a transcript quality course, identification of the entity responsible for grading and certifying the examination(s).

    (g) Evidence that the fee specified in subsections 64B13-6.001(15) and (16), F.A.C., has been paid; provided however, should the provider not seek approval of the course, the licensed practitioner seeking approval of the course shall pay the fee.

    (h) Notwithstanding paragraphs (a)-(c) above, if the program is non-transcript quality and has been previously approved by the Council on Optometric Practitioner Education (COPE), or by any other recognized organization that sponsors optometric education utilizing the criteria set forth in subsection (2) above, the Board shall approve the program upon submission of the approved course number issued by COPE or other recognized organization and compliance with paragraph (g) above.

    (5) In order for a course to be considered transcript quality, it must be approved by the Board as transcript quality prior to the time it is taken.

    (6) A course needs to be approved only once during the biennium in which it is presented so long as the presenter and the course outline do not change.

    Specific Authority 463.005(1) FS. Law Implemented 463.007(4) FS. History–New 11-13-79, Formerly 21Q-5.02, Amended 12-16-86, 12-11-88, 7-10-91, 10-28-92, Formerly 21Q-5.002, 61F8-5.002, Amended 11-29-94, 7-5-95, 8-18-96, Formerly 59V-5.002, Amended 3-21-00, 5-8-02, 8-19-03, 12-26-05,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Optometry
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 13, 2005
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 13, 2006

Document Information

Comments Open:
11/3/2006
Summary:
In both Rule 64B13-5.001, F.A.C., and Rule 64B13-5.002, F.A.C., continuing education requirements are clarified.
Purpose:
To clarify in both Rule 64B13-5.001, F.A.C., and Rule 64B13-5.002, F.A.C., continuing education requirements.
Rulemaking Authority:
456.013(7), 463.005(1), 463.007(3), (4) FS.
Law:
456.013(7), 463.007 FS.
Contact:
Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.
Related Rules: (2)
64B13-5.001. Hours Requirement
64B13-5.002. Criteria for Approval