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

SUMMARY: Update and clarify requirements of continuing education.

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: Anthony Spivey, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; [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 applicant must demonstrate to the Board that he or she participated in at least forty (40) contact classroom hours of continuing chiropractic education during the past two (2) years., of which Only those contact classroom hours earned at Board approved continuing education courses or which comply with the provisions of this rule are acceptable. 

(2) Required Areas.

(a) Risk Management. Aat 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 regulatory agency under which the Board operates. 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 Division 64B2, F.A.C.

(b)(2) Record Keeping/Documentation, Coding, and Ethics and Boundaries.  Only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable. Six (6) hours of the forty (40) shall be in the area of record keeping/documentation and coding; and two (2) hours of the forty (40) must be in the area of ethics and boundaries.

(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.   

(a) 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. 

b. Post-test.  A post-test must be offered at the completion of the course to assess the attendee’s mastery of the course content.  A minimum score of seventy-five percent (75%) of the post-test questions must be andwered correctly for an attendee to obtain credit for the course.

(b) Online Hours Allowed.  Each licensee may elect to obtain no more than ten (10) general hours each biennium through of online attendance continuing education courses. The online courses shall be competence based learning. Online continuing education providers shall comply with the approval process outlined in subsection (5), of this rule.

(a) All online continuing education courses shall be competency based learning.

(b) All online continuing education courses shall use the Sharable Content Objective Reference Model (SCORM) for security purposes.

(c) The continuing education provider shall include a description of the security process in place to ensure that  the licensee is the person completing the online program. These security measures shall: protect the learner’s identity and the course and related content from unauthorized access; and include that only the attendee’s registered computer is used for the course.

(d) Providers must include the courses instructors’ curriculum vitae or resume for each portion of the program.

(e) Providers must explain the appropriate level of technology required for the licensee to participate in the course.

(f) Providers must have technical assistance available as appropriate to the course format.

(g) Providers shall establish a deadline for course completion.

(h) Providers shall notify the program attendees when he or she is leaving a continuing education site and is being directed to a promotional or sponsored site.

(i) The provider must allow access to the online program to the Board member who is reviewing the course for approval.

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

1.(a) No change. 

2.(b) 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.:

1. through 17.  renumbered a. through q.  No change.

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

1. through 2. renumbered a. through b. No change.

c3. 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 program’s registrar of attendance to be submitted to the Board as verification. 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.(d) Shall be taught by one or more speakers or lecturers with at least one of the following qualifications:

a1. No change

b2. 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; and.

5. Shall ensure the security of payment of registration fees.

(c)  Additional requirements for approval of online attendance courses.  In addition to the requirements of paragraphs (5)(a) and (b), 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.

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

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

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.

(6) When attending an approved course, a licensee must provide a photo identification and sign in and out each time they enter or exit the meeting site and the licensee’s attendance must be certified by the course’s registrar and submitted to the Board as verification.

(6)(7) Out of State Llicensees Laws and Rules.  Licensees who reside out of state may satisfy the requirement of continuing education in the laws and rules of the Board and the regulatory agency under which the Board operates by certifying that they have obtained and read a copy of Chapters 456 and 460, F.S., and Rule Division 64B2, F.A.C. A copy of said laws and rules may be obtained from the Board Office or from the Board’s website http://floridaschiropracticmedicine.gov/.

(7)(8) Acupuncture Certification.  Hours completed to satisfy the requirements of Rule 64B2-11.012, F.A.C., shall satisfy the requirements of this rule.

(8)(9) Alternative Means of Earning Continuing Education Credits.

(a) Attendance at Board Meetings. Five (5) hours of continuing chiropractic education in the subject area of risk management may be obtained by attending one full day or eight (8) hours of a Board meeting (whichever is shorter) at which disciplinary hearings are conducted by the Board of Chiropractic Medicine in compliance with the following:

(a) through (c) renumbered 1. through 3.  No change. 

(b)(10) Expert Witnesses. In addition to the continuing chiropractic education credits authorized above, any volunteer expert witness who is providing expert witness opinions for cases being reviewed pursuant to Chapter 460, F.S., shall receive five (5) hours of credit in the area of risk management for each case reviewed up to a maximum of ten (10) hours per biennium. In this regard, volunteer expert witnesses are encouraged to perform a literature survey in conjunction with a review of cases for the Board.

(c)(11) 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 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)(12) Department Test Examiners and Consultants. In addition to the continuing chiropractic education credits authorized above, test examiners who have passed their trainee period and were used by the Department of Health during the biennium and test consultants who assist the Ddepartment in writing and reviewing the questions for the laws and rules examination will receive two (2) hours of laws and rules continuing education credit for the biennium.

(e)(13) Service on Probable Cause Panels. In addition to the continuing chiropractic education credits authorized above, former Board members will receive thirteen (13) hours of continuing education credit for the required hours in laws and rules, risk management, prevention of medical errors, boundaries and ethics, and record-keeping and documentation per biennium for service on a Probable Cause Panel.

(f)(14) NBCE Test Examiners or Graders. In addition to the continuing chiropractic education credits authorized above, any Florida licensee who participates as an examiner/grader for the National Board of Chiropractic Examiners (NBCE) shall receive up to nineteen (19) hours of general continuing chiropractic education for each examination administration in which he/she participates.

(g)(15) Board Members. Board members shall receive thirteen (13)  hours of continuing education for the required hours in laws and rules, risk management, prevention of medical errors, boundaries and ethics, and record-keeping and documentation credit for each full or partial biennium served on the Board.

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,             .

 

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: February 9, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 29, 2017