To specify communicable disease education required for operational personnel of funeral establishments and certain other categories of licensees under Chapter 497, F.S. This rulemaking will amend existing rule 17.0035, to implement mandatory ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

Rule No. : RULE TITLE :
69K-17.0035: Communicable Disease Education Required for Operational Personnel.
PURPOSE AND EFFECT: To specify communicable disease education required for operational personnel of funeral establishments and certain other categories of licensees under Chapter 497, F.S. This rulemaking will amend existing rule 17.0035, to implement mandatory rulemaking required by enactment of section 11 of Chapter 2010-125, Laws of Florida.
SUMMARY: This is mandatory rulemaking. The legislature has provided in Section 497.162, F.S., that rules “shall” be adopted on the subject matter in question. This rulemaking action implements changes to Section 497.162, Florida Statutes, as enacted by the Florida legislature in Chapter 2010-125, Laws of Florida. The rule relates to required training in communicable diseases which must be obtained by certain non-licensed staff of certain licensed establishments. The rule REDUCES regulatory burdens upon affected licensees, in that it narrows the category of licensee staff who must have the required communicable disease education, and it increases the time the licensee has to have the affected staff obtain the required communicable disease training.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has been prepared by the agency.
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: 497.103(5); 497.162 FS.
LAW IMPLEMENTED: 497.162 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2011, 9:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: LaTonya Bryant Parker, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, [phone], [e-mail]. Direct any request for a hearing to Mr. Shropshire

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 96K-17.0035 follows. See Florida Administrative Code for present text.)

69K-17.0035 Communicable Disease Education Required for Operational Personnel.

(1) This rule implements Section 497.162, Florida Statutes.

(2) “Operational Personnel” subject to the communicable disease course required under Section 497.162, F.S., shall be those unlicensed staff of any funeral establishment, direct disposal establishment, cinerator facility, removal service, refrigeration facility, or centralized embalming facility, who have direct contact with human remains. “Staff” as used in this rule includes persons who are directly employed by the establishment, facility, or service, as well as staff provided to the establishment, facility, or service by or through an employee leasing firm, temporary staffing firm, or similar business.

(3) For purposes of this rule human remains includes a body, a detached body part, or any body fluids in, taken from, or seeping from, human remains.

(4) For purposes of this rule direct contact includes touching the human remains whether or not the staff is wearing gloves or other protective gear. Direct contact includes contact with clothes being worn on the human remains.

(5) The course required by Section 497.162, F.S., shall be a course approved by the Board for at least 2 hours of continuing education credit in the communicable disease category under Rule 69K17.0042, Florida Administrative Code, covering the basic elements of communicable disease risks and risk prevention and mitigation in the deathcare industry context. The course may be taken through use of pre-recorded DVD or video-cassette, or other type of audio, video, Internet, or home study course.

(6) All persons subject to Section 497.162, F.S., shall maintain a certificate of completion showing proof of meeting the communicable disease education requirement as a condition of employment with any establishment, facility or service regulated under Chapter 497, F.S.

Rulemaking Authority 497.103(1)(s), (5)(a), 497.162 FS. Law Implemented 497.162 FS. History–New 4-10-94, Amended 9-10-96, 11-20-96, 6-24-01, Formerly 61G8-17.0035, Amended 6-9-09, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, as Executive Director, Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Section 497.101, F.S.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 6, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 7, 2011