The amendment is proposed to simplify the rule.

 

DEPARTMENT OF HEALTH

Board of Respiratory Care

RULE NO.:RULE TITLE:

64B32-6.001Continuing Education Requirement

PURPOSE AND EFFECT: The amendment is proposed to simplify the rule.

SUMMARY: Simplify rule.

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, 468.361(2) FS.

LAW IMPLEMENTED: 456.013(7), 456.033(1), 468.361 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, Executive Director, Department of Health, 4052 Bald Cypress Way Bin #C05, Tallahassee, Florida 32399-0797

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B32-6.001 Continuing Education Requirement.

(1) The Legislature and the Board have determined that competency in delivery of respiratory care services is enhanced by continuous updating of knowledge and skills. To this end, continuing education is required as a condition for renewal of licensure of all respiratory care licensees personnel without regard to the avenue taken to licensure.

(2) Each licensee shall submit proof satisfactory to the Board of participation in appropriate continuing education. During each biennium, as established by the Department, each licensee must earn 24 contact hours of continuing education credit including those earned except as provided in this rule Rule 64B32-6.001, F.A.C.  None of these hours can be obtained by taking Basic Life Support (BLS) training. No more than five (5) hours per biennium shall be awarded for completion of courses focusing on risk management.

(3) Those persons initially licensed during the second year of a biennium who do not currently hold a respiratory care license are exempt from the continuing education requirements, except for the Medical Errors course and HIV/AIDS course pursuant to subsection (5) of this rule and Section 456.033, F.S., both of which must be completed and the Florida laws and rules course for their first renewal. Continuing education requirements must be met for each biennium thereafter.

(4) No Change.

(5) A licensee may be required to earn continuing education credit hours which include the following: Beginning with the biennium ending May 31, 2015, a licensee needs twenty-four (24) hours per biennium in order to renew the license, of which (2) credit hours must include Florida laws and rules to bring the licensee up to date on laws and rules of the Board and the regulatory agency under which the Board operates.

The hours can be obtained in the following manner:

(a) Florida laws and rules         (b) Direct Delivery of Respiratory Care Services     (b)1. Prevention of Medical Errors	Mandatory for all licensees: 2 credit hours pursuant to subsection 64B32-6.001(5), F.A.C. Licensees may earn up to 8 contact hours per biennium by attending meetings of the Board of Respiration Care, but no more than 2 of those hours will be credited to satisfying the Florida laws and rules requirement. Mandatory for all licensees: A minimum of 16 hours each biennium must be obtained by each licensee in the approved offerings pursuant to subsection 64B32-6.004(3), F.A.C. Mandatory for all licensees part of Direct Delivery Services Requirements for all licensees: 2 hours in a board-approved continuing education course pursuant to Rule 64B32-6.006,
	F.A.C.
(c)2. HIV/AIDS	Mandatory part of Direct Delivery Services Requirements for the initial renewal of all licensees, oOptional for subsequent renewals: At least 3 hours but no more than 5 hours pursuant to Rule 64B32-6.006, F.A.C. The course must be taken within the last five (5) years prior to either initial licensure or first renewal. Licensees may complete up to 5 hours of continuing education credited to AIDS education, although any completed hours in excess of the required 3 hours will be counted as direct delivery continuing education credits.
(c) Non-Direct Respiratory Patient Care (i.e. management, risk management, personal growth, and educational techniques)	No more than 8 hours in this area will be acceptable for the purpose of biennial renewal of a license pursuant to subsection 64B32-6.004(3), F.A.C.
(d) Home Study Courses	Limitation applicable to all licensees: No more than 12 hours per biennium pursuant to subsection 64B32-6.004(3), F.A.C.

(e) Other requirements that satisfy continuing education are listed in Rule 64B32-6.004, F.A.C.

(6) A licensee needs twenty-four (24) hours of Continuing Education each biennium in order to renew a Respiratory Care License. None of these hours can be obtained by taking Basic Life Support (BLS) training.

(7) No licensee will be given more than the credited hours of completion of any continuing education course, as credited for completion of the course once, per biennium, regardless of the number of times a licensee registers for and completes a course.

Rulemaking Authority 456.013, 468.361(2) FS. Law Implemented 456.013(7), 456.033(1), 468.361 FS. History–New 4-29-85, Formerly 21M-38.01, Amended 9-29-86, Formerly 21M-38.001, Amended 1-2-94, Formerly 61F6-38.001, Amended 11-1-94, Formerly 59R-75.001, Amended 6-9-99, Formerly 64B8-75.001, Amended 5-15-05, 10-28-07, 5-15-08, 8-4-09, 4-25-10, 4-4-12, 8-4-14, 5-25-15,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Respiratory Care

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 5, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 15, 2015