The Board proposes the rule amendment to update the CE rules to include online/distance based learning courses and the standards for approval of those courses and to implement Section 456.0301(1)(a), F.S.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

64B13-5.001Hours Requirement

64B13-5.002Criteria for Approval

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the CE rules to include online/distance based learning courses and the standards for approval of those courses and to implement Section 456.0301(1)(a), F.S.

SUMMARY: To update requirements for CE course approval, authorize online CE, and implement section 456.0301(1)(a), F.S.

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, 456.013(7), 463.005(1), 463.007 FS.

LAW IMPLEMENTED: 456.013(7), 463.007, 463.007(4) 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 B. Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-5.001 Hours Requirement.

(1) As a condition to the renewal of a biennial license, each licensed practitioner shall be required to maintain professional competency by completing thirty (30) clock hours of continuing education in subjects relating to optometry that have been approved by the Board. Licensed practitioners shall not be required to complete the continuing education requirements during the biennium in which they are initially licensed but must complete one (1) hour of approved continuing education in acquired immune deficiency syndrome that complies with the requirements of Section 456.033, F.S. Credit for continuing education will be allowed on the basis of an hour for hour. To receive one (1) hour credit, a licensed practitioner must attend not less than fifty (50) minutes. There will be no fractional hour credits. No continuing education course may be completed for credit more than once per biennium.

(2) For licensed practitioners who are certified optometrists, at least six (6) of the required thirty (30) hours must be of “transcript quality.” For purposes of this rule, the phrase “transcript quality” refers to coursework in ocular and systemic pharmacology and the diagnosis, treatment and management of ocular and systemic conditions and diseases. Transcript quality CE must be sponsored by a school or college of optometry or equivalent educational entity as approved by the Board, must be obtained at a live in-person attendance course,  and must require a test and passing grade.

(3) No change.

(4) Licensed practitioners shall be permitted to earn two (2) of the thirty (30) clock hours of continuing education credit upon demonstrating successful completion of approved training in cardiopulmonary resuscitation given by the American Heart Association or the American Red Cross.

(5) As part of the thirty (30) clock hours, licensed practitioners shall be permitted to obtain two (2) hours in the area of practice management. No more than two (2) hours of continuing education in the area of practice management may be applied to the thirty (30) clock hour requirement in subsection (1). These hours may be obtained through live, in-person or online/distance learning courses.

(6) As part of the thirty (30) clock hours, licensed practitioners shall be required to obtain two (2) hours in the area of Florida jurisprudence.

(a) No more than two (2) hours of continuing education in the area of Florida jurisprudence may be applied to the thirty (30) clock hour requirement in subsection (1).

(b) A licensed practitioner may earn two (2) hours in Florida jurisprudence by attending a meeting of the Board at which another licensee is disciplined for no less than four (4) continuous hours. Licensed practitioners will be required to sign-in and sign-out with board staff. Those licensed practitioners present for disciplinary purposes are not eligible to earn the two (2) clock hours for the Board meeting.

(c) Out of state licensed practitioners who do not practice in Florida at any time during the biennium, shall be permitted to satisfy the requirement of two hours in Florida jurisprudence by certifying that they have obtained and read a copy of the current provisions of Chapters 456 and 463, F.S., and Rule Division 64B13, F.A.C.

(7) As part of the thirty (30) clock hours, licensed practitioners are required to complete a two (2) -hour course relating to prevention of medical errors, as part of the licensure and renewal process. The course shall be approved by the Board and shall include a study of root-cause analysis, error reduction and prevention, and patient safety. If the course is being offered by a facility licensed pursuant to Chapter 395, F.S., for its employees, the Board approves one (1) hour of the two (2) -hour course to be specifically related to error reduction and prevention methods used in that facility. No more than two (2) hours of continuing education relating to the prevention of medical errors may be applied to the thirty (30) clock hour requirement in subsection (1).

(8) As required by section 456.0301(1)(a), F.S., as part of the thirty (30) clock hours, all certified optometrists registered with the United States Drug Enforcement Administration (DEA) shall complete a two (2) hour course on prescribing controlled substances.  All such certified optometrists registered with the DEA must complete the course no later than January 31, 2019, and during each subsequent licensure renewal biennium. The course may be completed in either a live or online/distance learning format.

Rulemaking Authority 456.013(7), 456.0301(2), 463.005(1), 463.007 FS. Law Implemented 456.013(7), 456.0301(2), 463.007 FS. History–New 11-13-79, Amended 5-28-80, 9-16-80, 1-13-81, 2-14-82, Formerly 21Q-5.01, Amended 12-16-86, 12-11-88, 4-19-89, 12-20-89, 9-22-92, 10-28-92, Formerly 21Q-5.001, Amended 8-31-93, Formerly 61F8-5.001, Amended 11-29-94, 7-5-95, 8-18-96, Formerly 59V-5.001, Amended 3-21-00, 10-2-01, 1-8-02, 5-8-02, 3-20-03, 12-25-06, 1-11-14, 4-10-14,                          .

 

64B13-5.002 Criteria for Approval.

(1) through (2)  No change.

(3) Additional Criteria for Approval of Online/Distance Learning Courses.

(a) In addition to the requirements of subsections (1) and (2), providers seeking approval of online/distance learning courses shall also submit the following:

1. A description of whether the course is live interactive or on-demand;

2. A description of how participants may ask questions of the presenter and how and when those questions will be answered;

3. A copy of the online pre- and post-test, if applicable;

4. A description of how the provider will ensure the licensee seeking course credit is the person attending the course;

5. A description of the level of technology required for the licensee to participate in the course and how this requirement is conveyed to potential course attendees; and

6. How the provider will provide technical assistance to participants as appropriate to the course format.

(3) through (4) renumbered (4) through (5) No change. 

Rulemaking Authority 456.013, 463.005(1) FS. Law Implemented 463.007(4) FS. History–New 11-13-79, Formerly 21Q-5.02, Amended 12-16-86, 12-11-88, 7-10-91, 10-28-92, Formerly 21Q-5.002, 61F8-5.002, Amended 11-29-94, 7-5-95, 8-18-96, Formerly 59V-5.002, Amended 3-21-00, 5-8-02, 8-19-03, 12-26-05, 12-25-06, 4-21-10, 7-21-11,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 30, 2018