To clarify the rule and update the approval process for continuing education providers.

 

DEPARTMENT OF HEALTH

Council of Licensed Midwifery

RULE NOS.:RULE TITLES:

64B24-6.001Continuing Education for Biennial Renewal

64B24-6.002Continuing Education Requirements for Reactivation

64B24-6.004Continuing Education Providers

64B24-6.006Performance of Pro Bono Services

PURPOSE AND EFFECT:  To clarify the rule and update the approval process for continuing education providers.

SUMMARY: The rule is being amended to clarify the rule, update the approval process for continuing education providers and define under-served and areas of critical need.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 467.005 FS.

LAW IMPLEMENTED: 467.019 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: Claudia Kemp, Executive Director, 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399-3256 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B24-6.001 Continuing Education for Biennial Renewal.

(1) through (2) No change.

(3) One hour in HIV/AIDS, one hour in laws and rules governing the Midwifery Practice Act and two hours in medical error prevention are required every biennium.

(4) Two hours in domestic violence is required every third biennium.

(3) The following courses are part of each licensee’s continuing education requirements:

(a) One hour in HIV/AIDS every biennium;

(b) Two hours in domestic violence during every third biennium;

(c) One hour in the laws and rules governing the Midwifery Practice Act every biennium; and

(d) Two hours in medical error prevention every biennium.

Rulemaking Authority 456.004(1), 456.031, 467.005 FS. Law Implemented 381.0034, 456.013, 456.031, 467.012(2) FS. History–New 1-26-94, Formerly 61E8-6.001, Amended 6-20-96, Formerly 59DD-6.001, Amended 9-10-02, 12-26-06,            .

 

64B24-6.002 Continuing Education Requirements for Reactivation.

Rulemaking Authority 467.005 FS. Law Implemented 467.013 FS. History–New 1-26-94, Formerly 61E8-6.002, 59DD-6.002, Amended 9-10-02, Repealed            .

 

64B24-6.004 Continuing Education Providers.

(1) Any institution, organization, agency or individual seeking to offer approved provider status for the purpose of conducting continuing education programs for licensed midwives shall apply submit an electronic request for approval on the department’s website at www.doh.state.fl.us/mqa/midwifery to the department , by completing Form DH-MQA 1055, Application for Continuing Education Provider, incorporated herein by reference and revised 8/01, which may be obtained from the Council of Licensed Midwifery, Department of Health, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256; and remitting the provider application fee required by Rule Chapter 64B24-3, F.A.C. Submissions must include, at a minimum, a program outline of each of the courses offered, the number of clock hour credit to be awarded, the program learning objectives, the name(s) of the instructor(s), the qualifications of the instructor(s), a sample of the evaluation form that will be used, and a sample of the certificate of completion that will be awarded to participants completing the program.

(2) The department shall issue a provider number to all approved providers which must be pursuant to Rule 64B24-6.005, F.A.C. The provider number shall appear on all documents relating to each continuing education program conducted by the provider.

(3) Approved provider status shall be effective for the biennium in which such status was granted by the department and. Provider status may be renewed biennially upon meeting requirements of Rule 64B24-6.005, F.A.C., completing the form provided by the department, and remitting the renewal fee pursuant to Rule 64B24-3.001, F.A.C.

(4) Approved providers shall maintain records of each program offering for 4 years following each licensure biennium during which the program was offered. Program records shall be limited to the following items:

(a) A program outline which reflects its educational objectives;

(b) The instructor’s name;

(c) The date and location of the program;

(d) Participants’ evaluations of the program;

(e) The number of clock hours of credit awarded to each participant; and

(f) A roster of participants by name and licensure number.

(4)(5) The approved provider is responsibile for issuing shall certify the participation of any midwife who completes the program by providing the midwife with a certificate or comparable documentation to program participants after completion of verifying that the midwife completed the program. The verification shall contain:

(a) The provider’s name and provider number;

(b) The title of the program;

(c) The name of the instructor;

(d) The date and location of the program; and

(e) The number of hours of continuing education earned.

(6) Presenters of programs may receive the same amount of credit, on a one time basis, as program participants. The presenters must have developed the program, been in attendance for the entire program and received documentation of completion from the approved provider. A maximum of 3 hours of continuing education credit per biennium may be received for presenting programs.

(7) The department retains the right and authority to audit or monitor programs and review records and program materials given by any provider approved pursuant to this section. The department may rescind provider status or reject individual programs given by a provider if they do not have clinical relevance to the practice of midwifery, or if any false or misleading information has been disseminated in connection with the continuing education program, or if the provider has failed to conform to and abide by the conditions outlined in the application and rules of the department.

Rulemaking Authority 467.005 FS. Law Implemented 467.012 FS. History–New 1-26-94, Formerly 61E8-6.004, 59DD-6.004, Amended 9-10-02,            .

 

64B24-6.006 Performance of Pro Bono Services.

(1) Up to 5 hours, per biennium, of continuing education credit may be awarded for providing fulfilled by the performance of pro bono services to the indigent or to under served populations or in areas of critical need within the state pursuant to Section 456.013(9)(8), F.S. The standard for determining indigence shall be that recognized by the Federal Poverty Income Guidelines produced by the United States Department of Health and Human Services.

(2) In order to receive credit under this rule, licensees must notify the department  in writing and request receive approval prior to in advance of providing the services. Credit shall be given on an hour per hour basis. In the formal written request to the department, licensees must state with specificity shall disclose the following:

(a) tThe type, nature and extent of services to be rendered;

(b) tThe location where the services will be rendered; and

(c) tThe number of patients expected to be served.; and

(d) A statement indicating evidencing that the patients to be served are indigent shall be included if applicable.

(3) If the licensees intend to provide services will be provided in under-served or critical-need areas, the request for approval shall provide a brief explanation as to those facts include evidence that the area contains a population with too few primary care providers, a high infant mortality rate, or a high poverty or elderly population.  If the services will be provided in an area of critical need, the request shall include evidence that the geographic area, a particular population or a particular facility has a shortage of primary care and has been designated an area of critical need.

Rulemaking Authority 456.025(4) FS. Law Implemented 456.013(8) FS. History–New 1-26-94, Formerly 61E8-6.006, 59DD-6.006, Amended            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claudia Kemp

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2015