The purpose and effect of the proposed rule amendment is to provide specific rules for asbestos online refresher courses and to make necessary form and training course amendments.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination

RULE NO.: RULE TITLE:
61E1-2.006: Asbestos Training Courses and Providers
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to provide specific rules for asbestos online refresher courses and to make necessary form and training course amendments.
SUMMARY: In Sections 1, 3 and 6 the Department amends text to correct form and course references. Section 11 is new text which provides specific rules for asbestos online refresher courses.
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: The economic review conducted 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: 455.2035, 455.2123, 469.011 FS.
LAW IMPLEMENTED: 469.014 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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 7 days before the workshop/meeting by contacting: Sheri Snyder, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]. [e-mail].. 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: Sheri Snyder, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]. [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61E1-2.006 Asbestos Training Courses and Providers.

(1) Each training course provider must be approved by the Department as a course provider and each training course must be approved by the Department. Provider and course approvals are valid until May 31st of odd numbered years and must be renewed prior to expiration. Applications for course provider and training course approval must be submitted using the form provided by the Department. Asbestos Licensing Unit Training Provider and Continuing Education Course Approval Application, Number DBPR ALU-4054, December 28, 2005, incorporated herein by reference. The form may be obtained by contacting the Department at the following address: Asbestos Licensing Unit, 1940 N. Monroe Street, Tallahassee, Florida 32399-1027 or at http://www.myflorida.com/dbpr/pro/forms/asbest/. Any substantial change in the course content will require the provider to reapply to the Department for approval.

(2) No change.

(3) A training course provider must meet the standard set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, 59 FR 5251, as amended July 1, 2007 and Feb. 3, 1994, as amended at 60 FR 31922, June 19, 1995, which is incorporated herein by reference. Copies can be obtained by writing the Department at Department of Business and Professional Regulation, Asbestos Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, or at http://www.epa.gov/asbestos/pubs/2003pt763.pdf. The following providers and courses shall be approved.

(a) Training providers and courses approved by a state that has a written reciprocating agreement with the Department.

(b) Training courses completed prior to July 1, 1995, that are recognized by the Environmental Protection Agency and listed in the National Directory of Asbestos Hazard Emergency Response Act Accredited Courses as set forth in 40 C.F.R. Part 763, as amended 7/1/2007 and it existed on September 1, 1997 which is incorporated herein by reference.

(4) through (5) No change.

(6) Training course audits.

(a) The Department shall, conduct on-site/online audits of training courses at no cost to the Department, which shall include:

1. Training course content;

2. Technical accuracy;

3. Instructor effectiveness; and

4. Course administration.

(b) Such audits may be conducted without advance notice if the Department has reasonable cause to believe that a violation of this rule or Chapter 469, Florida Statutes, has occurred.

(c) Training course providers who are located outside this state must meet the requirements of this section in either of the following ways:

1. The training course provider will make arrangements for the Department representatives to conduct an on-site review of the training course located outside the state at no charge, including travel, subsistence, and lodging costs as provided in Section 112.061, Florida Statutes.

2. Another state in which the training provider is approved has a reciprocal agreement with this state for auditing of training courses for compliance with the standards set forth in this rule.

(7) through (10) No change.

(11) The application for online courses shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, the name and qualifications of all instructors and minimum qualifications of all instructors. Online training courses are only available for refresher courses. In addition, a course provider applying to offer interactive distance learning courses must meet applicable classroom course requirements and must submit documents indicating the following:

(a) The means by which the course provider is able to monitor student enrollment, involvement, participation, course completion, and comprehension of content at regular intervals.

(b) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course.

(c) The means by which the provider will provide necessary support throughout the course including, but not limited to, the means by which the course provider will respond to student inquiries within 24 hours of receipt.

(d) That the student will be required to complete a statement at the beginning and end of the course that indicates that he/she personally completed each module/session of instruction.

(e) The means by which the course provider will verify student identification and completion of initial course.

Rulemaking Specific Authority 455.2035, 455.2123, 469.011 455.203(5), 469.011 FS. Law Implemented 469.014 FS. History–New 5-12-93, Formerly 21-23.006, Amended 8-17-94, 11-24-97, 3-23-04, 12-28-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Executive Director, Division of Professions, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 10, 2012