This rule amendment clarifies continuing education requirements for license renewal of an active license.

 

DEPARTMENT OF HEALTH

Board of Occupational Therapy

RULE NO.:RULE TITLE:

64B11-5.001Requirements for License Renewal of an Active License; Continuing Education

PURPOSE AND EFFECT: This rule amendment clarifies continuing education requirements for license renewal of an active license.

SUMMARY: Continuing Education requirements.

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: 456.036, 468.219 FS.

LAW IMPLEMENTED: 456.013, 456.033, 456.036, 468.219 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:

64B11-5.001 Requirements for License Renewal of an Active License; Continuing Education.

Continuing education includes attendance and participation as required at approved live or interactive presentations such as workshop, seminar, conference, webinar, or in-service educational programs. It may also include participation in other approved professional continuing education activities, such as pro bono and expert witness services, or those that require a formal assessment of learning. Examples include, but are not limited to, electronic or web-based courses, such as formalized self-study courses and other non-interactive learning programs continuing education articles. An active license shall be renewed upon demonstration that the licensee has paid the renewal fee set forth in Rule 64B11-2.009 or 64B11-3.007, F.A.C., respectively, and has complied with the following requirements:

(1) As a condition to the renewal of an active license, an occupational therapist must complete twenty-six (26) hours of approved continuing education per biennium.

(2) As a condition to the renewal of an active license, an occupational therapyist assistant must complete twenty-six (26) hours of approved continuing education per biennium.

(3) At least fourteen (14) of the required hours per biennium must be in person or from interactive, real-time courses. An interactive, real-time course may be a web-based, satellite transmitted, telephone or video conference, or online instruction program that allows or requires the licensee to interact in real time, including live chat, with the instructor during the presentation of the program.

(4)(3) Home Study – A licensee may receive continuing education credit for perform no more than twelve (12) hours of continuing education as home study education per biennium. Home study education is a self-paced, non-interactive independent study that and requires a certificate of completion. Taking a computerized exam at the end of the study, or being able to email the instructor with a question, does not qualify home study as a live or interactive course. Consistent with subsection 456.013(8), F.S., continuing education credit for video presentations is limited to five (5) credits per subject. At the time of course presentation, rental, or sale, the course vendor, in lieu of the certificate of completion, shall provide the licensee with a signed course validation form. The licensee shall sign this form on the date that the course is actually taken or viewed indicating full attendance and successful completion. It shall be retained by the licensee for four (4) years. Home study education does not include a web-based, satellite transmitted, or online instruction program that allows or requires the licensee to interact, or communicate back and forth with the instructor during the presentation of the program.

(5)(4) HIV/AIDS – The licensee shall complete one (1) hour of HIV/AIDS education as set forth in Section 456.033, F.S., no later than upon first renewal. HIV/AIDS cCourses approved by any Board within the Division of Medical Quality Assurance of the Department of Health pursuant to Section 456.033, F.S., are approved by this Board. A licensee is not required to complete an HIV/AIDS course for each subsequent renewal biennium.

(6)(5) Medical Errors – Each licensee shall attend and certify attending a Board-approved 2-hour continuing education course relating to the prevention of medical errors. The 2-hour course shall count toward the total number of continuing education hours required for licensure renewal. The course shall include a study of root-cause analysis, error reduction and prevention, and patient safety, and must also include contraindications and indications specific to occupational therapy management including medication and side effects.

(7)(6) Laws and Rules – As part of the twenty-six (26) hours of continuing education required herein for licensure renewal, each licensee shall attend a two (2) hour Board-approved course on laws and rules, i.e., covering Chapters 456 and 468, Part III, F.S., and Chapter 64B11, F.A.C.

(8)(7) Documentation – The licensee must retain such receipts, vouchers, certificates or other documents papers necessary to verify document completion of the required continuing education for a period of not less than four (4) years from the date the course was taken. The Board will audit licensees at random to assure that the continuing education requirements have been met. Upon request being audited, a licensee shall, within 30 days, or longer period of time if specified by the Board in the audit notice, provide documentation to the Board that shows proof of compliance with the continuing education requirements imposed by this chapter and Chapter 64B11-6, F.A.C.

(9)(8) Exemption – Those persons certified for licensure in the second half of the biennium are exempt from the continuing education requirements for that biennium, except for the two (2) hour prevention of medical errors course requirement referenced above and required by Section 456.013, F.S., and the one (1) hour of HIV/AIDS education required no later than upon first renewal, as set forth in Section 456.033, F.S.

(10)(9) Changes of Status – Active status licensees may apply to the Board for inactive license status at any time by paying a $50.00 fee to change licensure status. Additionally, the licensee shall pay any applicable inactive status renewal fee or delinquent fee.

(10) Alternative Media – A maximum of five contact hours may be awarded per biennium for approved alternative media, such as video, audio and/or software programs, prepared or updated not more than five years prior to the date of viewing or presentation. At time of course presentation, rental, or sale, the course vendor, in lieu of the certificate of completion, shall provide the licensee with a signed course validation form. The licensee shall sign this form on the date that the course is actually taken or viewed indicating full attendance and successful completion. It shall be retained by the licensee for four years.

(11) Course Presentation and Attendance at Board Meetings – A maximum of eight (8) contact hours may be awarded per biennium for each of the following professional activities:

(a) The presentation of a continuing education course or program, academic course, peer-reviewed or non peer-reviewed workshop, seminar, in-service, electronic or web-based course that is directly related to the practice of occupational therapy as either the lecturer of the course or program or as the author of the course materials. Each licensee who is participating as either a lecturer or author of a continuing education course or program may receive credit for the portion of the offering he/she presented or authored up to the total hours awarded for the offering.

1. Continuing education credit may be awarded to a lecturer or author for the initial presentation of each course or program only; except in the case of the medical errors and laws and rules courses, repeat presentations of the same continuing education course or program shall not be granted credit. Continuing education credit for presentations of either medical errors or laws and rules courses is limited to four (4) credits per biennium.

2. In order for a continuing education credit to be awarded to each licensee participating as either lecturer or author, the format of the continuing education course or program must conform with all applicable sections of this rule chapter.

3. Documentation shall include a copy of the official program/schedule/syllabus including presentation title, date, hours of presentation, and type of audience or verification of such signed by the sponsor.

4. The number of contact hours to be awarded to each licensee who participates in a continuing education course or program as either a lecturer or author is based on the 50 minute contact hour employed within this rule chapter.

5. Continuing education credit for the development and teaching of postsecondary academic courses shall be one continuing education credit per academic course credit.

(b) Attendance at Florida Board of Occupational Therapy Practice meetings. Each licensee who attends a Florida Board of Occupational Therapy Practice meeting where disciplinary cases are being heard, if the licensee is not on the agenda or appearing for another purpose, may receive continuing education credit. Active Board and Probable Cause Panel members who are licensed occupational therapists or occupational therapy assistants are eligible to receive continuing education credits for their service. The number of contact hours awarded for such attendance or service is based on the definition of a contact hour as set forth in paragraph 64B11-6.001(5)(d), F.A.C.

(12) Fieldwork Experience – A licensee may earn up to six (6) continuing education hours per biennium for supervision of a Level II Occupational Therapy or Occupational Therapy Assistant fieldwork student at the rate of no more than three (3) hours per student. To be eligible for the credit, the licensee must participate as the primary clinical fieldwork educator for the student. Documentation shall include verification provided by the school to the fieldwork educator with the name of the student, school, and dates of fieldwork or the signature page of the completed student evaluation form. Evaluation scores and comments shall be deleted or blocked out.

(13) Publications – A licensee may earn the following continuing education credit for publication of a peer-reviewed or non peer-reviewed book, chapter, or article, or publication of instructional materials using alternative media directly related to the practice of occupational therapy:

(a) 10 hours as the author of a book;

(b) 5 hours as author of a chapter;

(c) 3 hours as author of a peer-reviewed article;

(d) 1 hour as author of a non peer-reviewed article; and

(e) 5 hours as an editor of a book; and

(f) 3 hours in publication of instructional material using alternative media. Documentation shall consist of a full reference for the publication including title, author, editor, and date of publication; or copy of acceptance letter if not yet published.

(14) Research – A licensee may earn 1 hour of continuing education credit for each 10 hours spent in development of or participation in a research project specific to and directly related to the practice of occupational therapy, up to a limit of five (5) hours of credit per biennium. Documentation shall include verification from the primary investigator indicating the name of the research project, dates of participation, major hypotheses or objectives of the project, and the licensee’s role in the project.

(15) Volunteer Expert Witness – A In addition to the continuing education credits authorized above, any volunteer expert witness who is providing expert witness opinions for cases being reviewed pursuant to Chapter 468, Part III, F.S., the Occupational Therapy Practice Act, shall receive three (3).0 hours of credit for each case reviewed. A volunteer expert witness may not accrue in excess of six (6) .0 credit hours of credit per biennium pursuant to this paragraph.

Rulemaking Specific Authority 456.013456.036, 468.204, 468.219 FS. Law Implemented 456.013, 456.033, 456.036, 468.219 FS. History–New 4-17-95, Amended 10-30-95, 3-11-96, Formerly 59R-64.060, Amended 9-23-99, 10-18-01, 6-25-02, 5-7-03, 3-28-04, 10-24-04, 8-30-06, 10-15-06, 6-6-07, 7-27-08,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Occupational Therapy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 8, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 19, 2013