The Board proposes to consolidate and clarify methods of obtaining continuing education credit.

 

DEPARTMENT OF HEALTH

Board of Acupuncture

RULE NO.:RULE TITLE:

64B1-7.0015Continuing Education Requirement

PURPOSE AND EFFECT: The Board proposes to consolidate and clarify methods of obtaining continuing education credit.

SUMMARY: Update rule text.

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, 457.104, 457.107, 457.108 FS.

LAW IMPLEMENTED: 456.013, 456.033, 457.107, 457.108 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: Allen Hall, Acting Executive Director, Board of Acupuncture, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B1-7.0015 Continuing Education Requirement.

(1) As a condition of the biennial renewal of a license, each licensee shall complete a minimum of 30 credit hours per biennium of continuing education that meets the requirements of Section 457.107, F.S. and Rule 64B1-6.005, F.A.C., which shall include:

(a) through (c) No Change.

(d) Two hours of continuing education credit on Chapters 456 and 457, F.S. and the rules promulgated by this board (laws and rules). Each licensee may satisfy this requirement by attending a complete board meeting at which another licensee is disciplined, or by providing an expert opinion, without compensation, in a standard of care disciplinary case or by serving as a member of the probable cause panel.

(2) Alternate methods of obtaining continuing education credit

(a) Attendance at Board meeting:  Each licensee, who is not being disciplined, may satisfy the two required laws and rules credits by attending a complete board meeting at which another licensee is disciplined:

(b) Expert evaluation:  Each licensee may satisfy the two required laws and rule credits by providing an expert opinion, without compensation, in a standard of care disciplinary case.

(c) Probable Cause: Each board member or former board member may satisfy the two required laws and rule credits by serving as a member of the probable cause panel

(d) Teaching: Those persons who teach at programs approved for continuing education credit may claim 3 hours of continuing education credit for each hour of lecture, not to exceed nine hours of continuing education credit per biennium. No continuing education credit shall be granted to a school faculty member merely as credit for his regular teaching assignments.

(e) Pro Bono Services: 

1. Up to 7 hours, per biennium, of continuing education credit may be fulfilled by the performance of pro bono services to the indigent or to underserved populations or in areas of critical need within the state where the licensee practices.

2. For credit for pro-bono services a licensee must apply for prior approval in order to receive credit. In the request for approval, licensees shall disclose the type, nature and extent of services to be rendered, the facility where the services will be rendered, the number of patients expected to be served, and a statement indicating that the patients to be served are indigent.

3. Service must be provided on a pro bono basis through an organization offering humanitarian missions to:

a. domestic and/or international victims in an emergency situation or disaster area;

b. low income population (no greater than 150% of the federal poverty level);

c. special needs population; or

d. United States military personnel.

4. Unless otherwise provided through Board order, no licensee who is subject to a disciplinary action that requires additional continuing education as a penalty, shall be permitted to use pro bono medical services as a method of meeting the additional continuing education requirements.

(2) through (3) renumbered as (3) through (4) No change.

Rulemaking Authority 456.013, 457.104, 457.107, 457.108 FS. Law Implemented 456.013, 456.033, 457.107, 457.108 FS. History–New 3-18-97, Formerly 59M-7.0015, Amended 4-25-00, 4-3-01, 11-24-02, 5-18-04, 5-30-07, 5-11-09, 5-1-13,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Acupuncture

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 25, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 13, 2021