The proposed rule amendments are intended for substantial rewrite regarding Board Approval of Continuing Education Programs.

 

DEPARTMENT OF HEALTH

Board of Podiatric Medicine

RULE NO.:RULE TITLE:

64B18-17.002Board Approval of Continuing Education Programs

PURPOSE AND EFFECT: The proposed rule amendments are intended for substantial rewrite regarding Board Approval of Continuing Education Programs.

SUMMARY: Substantial rewrite for Board Approval of Continuing Education Programs.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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(3), 461.005, 461.007(3) FS.

LAW IMPLEMENTED: 456.013, 456.025(3), 461.007(3) 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: Ashleigh Irving, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 64B18-17.002 follows.  See Florida Administrative Code for present text.

64B18-17.002 Board Approval of Continuing Education Programs.

(1) Automatic Approval.

(a) Continuing education programs, in the areas of podiatric medicine and surgery or relevant to podiatric medicine in that the course will enhance the knowledge and abilities of the podiatric physician in terms of improved quality and delivery of patient care sponsored and approved by the American Podiatric Medical Association (APMA), formerly known as the American Podiatry Association (APA), the Council on Podiatric Medical Education (CPME), formerly known as the Council on Podiatry Education (CPE), the American Medical Association (AMA), the American Osteopathic Association (AOA), the American Hospital Association (AHA) or any of their component or affiliate organizations are hereby approved by the Board. Neither those providers nor the programs they provide need to be submitted to the Board for approval.

(b) Continuing education credit may be obtained, without prior Board approval, for activities that meet the requirements of Rules 64B18-17.003 and 64B18-17.004, F.A.C.

(2) All other programs must meet the procedures for approval set out in subsection (3), of this rule.

(3) Procedure for Approval. Except for those programs and activities set out in subsection (1), of this rule, all continuing education providers seeking Board approval to award continuing education credit for programs recognized by the Board for licensure renewal must submit those programs to the Board for approval at least thirty (30) days prior to the presentation of the program. Programs submitted for approval after they have been presented will not be approved retroactively. The Board will not approve any program with less than one (1) hour of instructional content. The approval of the program by the Board shall be valid only until the last day of the biennial renewal period during which approval is granted. In seeking program approval, the provider must remit the application fee of $250.00 and must demonstrate that the program presenters have either presented or published in the topic area of the program in which they are presenting.

(4) Procedure for Approval of Live In-Person, or Live Interactive Virtual Events.

For live in-person, or live interactive virtual events to be approved pursuant to subsection (2) of this rule, they must meet the requirements of subsection (3) of this rule, and they must also include the following:

(a)  A detailed, timed outline including a course description and learning objectives that clearly demonstrate to the Board how a Podiatric Physician’s skills, knowledge or needs will be enhanced;

(b) The name and a current detailed curriculum vitae of any instructor or lecturer reflecting competency, qualifications, education, and experience in the subject matter.

(c)  Upon completion of the program, the program provider must distribute, and the participants must complete, an evaluation form. The program provider must maintain the completed evaluation forms for at least (2) two years from the date the program was offered.

(5) Procedure for Approval of Courses Involving Home Study or Anytime Courses . For home study or anytime courses to be approved pursuant to subsection (2) of this rule, they must meet the requirements of subsection (3) of this rule, and they must also include the following:

(a) A procedure to ensure notice has been given to licensed podiatric physicians taking home study or anytime courses that no more than 8 hours of home study or anytime courses may be credited toward the licensee’s biennial continuing education requirement for license renewal.

(b) A detailed, timed outline including a course description and learning objectives that clearly demonstrate to the Board how a Podiatric Physician’s skills, knowledge or needs will be enhanced;

(c) A copy of the testing mechanism with associated answers supplied by the provider for demonstration of competency by the licensee in the program’s topics. The test must contain a minimum number of five (5) questions.

(d) The name and a current detailed curriculum vitae of any instructor or lecturer reflecting competency, qualifications, education, and experience in the subject matter.

(e) A procedure to inform  the licensee before the licensee incurs any obligation to pay for the home study or anytime course , that a test must be completed and passed  to receive credit for the course.

(6) The chairperson of the Continuing Education Committee has the authority to act on behalf of the Board in matters pertaining to continuing education. Having exercised that authority, the chairperson shall report to the Board at its next regularly scheduled meeting any actions taken by the chairperson since the last regularly scheduled meeting of the Board.

(7) The Board may monitor or review any continuing education program approved under subsection (2) of this rule, and, upon evidence of significant variation in the program presented from the program approved, may, before the end of the biennium for which approval is granted, withdraw approval upon the issuance of a Notice of Intention to Withdraw Approval, the finality of which shall accord with the due process provisions of section 120.57, F.S. Nothing herein should be construed to mean that the Board is obliged to continue approval of a program beyond the date for renewal.

(8) Definitions:

(a) Home Study or Anytime Courses are independent studies that require a certificate of completion and an examination. These courses are not date-time specific and do not allow for interaction with a presenter or host.

(b) Live In-Person or Live Interactive Virtual Events consist of, but are not limited to, live webinars, live teleconference, or interactive online-based applications that allow or require the licensee to interact or communicate back and forth with the instructor during the presentation of the program

(9) Any Provider offering courses for continuing education credit in the state of Florida, must submit their courses through the states continuing education tracking system.

Rulemaking Authority 456.013, 456.025(3), 461.005, 461.007(3) FS. Law Implemented 456.013, 456.025(3), 461.007(3) FS. History–New 4-29-86, Amended 6-20-88, 6-19-90, Formerly 21T-17.0015, Amended 9-29-93, Formerly 61F12-17.0015, Amended 1-1-96, 6-12-96, Formerly 59Z-17.002, Amended 9-20-10,_____________.

 

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: January 20, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2022