The proposed amendments to Rules 64B11-2.002, 2.008 and 2.009 are intended to consolidate the rules from Chapter 64B11-3, by adding occupational therapy assistants to the existing rules in Chapter 64B11-2. The amendments in Rules 64B11-2.003 and 2....

 

DEPARTMENT OF HEALTH

Board of Occupational Therapy

RULE NOS.:RULE TITLES:

64B11-2.002Admission by Endorsement

64B11-2.003Fees; Application

64B11-2.007HIV/AIDS and Medical Error Prevention Education for Initial Licensure

64B11-2.008Fees; Initial License

64B11-2.009Fees; Renewal of License

64B11-2.011Definition of Supervised Fieldwork Experience

PURPOSE AND EFFECT: The proposed amendments to Rules 64B11-2.002, 2.008 and 2.009, F.A.C. are intended to consolidate the rules from Chapter 64B11-3, F.A.C., by adding occupational therapy assistants to the existing rules in Chapter 64B11-2, F.A.C. The amendments in Rules 64B11-2.003, F.A.C. and 2.007, F.A.C. are intended to delete unnecessary and outdated language and to incorporate the revised application form into Rule 64B11-2.003, F.A.C. Rule 64B11-2.011, F.A.C. is being substantially reworded to clarify fieldwork experience for both occupational therapists and occupational therapy assistants.

SUMMARY: The proposed amendments to Rules 64B11-2.002, 2.008 and 2.009, F.A.C. consolidate the rules from Chapter 64B11-3, F.A.C., by adding occupational therapy assistants to the existing rules in Chapter 64B11-2, F.A.C. The amendments in Rules 64B11-2.003 and 2.007, F.A.C. delete unnecessary and outdated language and incorporate the revised application form DH-MQA 1152 into Rule 64B11-2.003, F.A.C. Rule 64B11-2.011, F.A.C. is being substantially reworded to clarify fieldwork experience for both occupational therapists and occupational therapy assistants.

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 amendment will not have any impact on licensees and their businesses or the businesses that employ them. The rules from Chapter 64B11-3, F.A.C. are simply being consolidated into Chapter 64B11-2, F.A.C. to address occupational therapists as well as occupational therapy assistants (The rules in Chapter 64B11-3, F.A.C. are being repealed). Additionally, the application form in Rule 64B11-2.003, F.A.C. has been streamlined which will make it easier for applicants when applying for licensure. 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, 468.204, 468.213(1), 468.221 FS.

LAW IMPLEMENTED: 456.013, 456.0635, 468.209, 468.213(1), 468.221 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, Board of Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B11-2.002 Application by Endorsement. The Board shall waive the examination requirements of Section 468.211, F.S., and Rule 64B11-2.006, F.A.C., for an occupational therapist or an occupational therapy assistant by endorsement applicant who demonstrates proof of current certification as an occupational therapist or an occupational therapy assistant by a national certifying organization, if the requirements for such certification are equivalent to the examination, education, and supervised fieldwork experience requirements contained within Sections 468.209(1)(b), (c), and 468.211, F.S., and Rules 64B11-2.006 and 64B11-2.011, F.A.C.

Rulemaking Specific Authority 468.204, 468.213(1) FS. Law Implemented 468.213(1) FS. History–New 4-28-76, Amended 9-9-85, Formerly 21M-13.02, 21M-13.002, 61F6-13.002, 59R-61.002, Amended 6-5-06,                                  .

 

64B11-2.003 Fees; Application.  Each applicant for licensure shall pay an application fee in the amount of $100.00 in the form of a check or money order payable to the Department of Health. This application fee is nonrefundable and may not be used for more than one year from the original submission of the application. After one year from the date of the original submission of an application, a new application and new fee shall be required from any applicant who desires to be considered for licensure. The fee for any reapplication shall be the sum of $100.00 payable in the same manner as above. The application shall be made on Form Occupational Therapy Application, DH-MQA 1152 (revised 11-15 02-14), hereby adopted and incorporated by reference, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-           04628 or http://www.floridasoccupationaltherapy.gov/applications/app-ot-ota.pdf or you may choose to apply through the on-line application located at http://floridasoccupationaltherapy.gov/licensing/ https://ww2.doh.state.fl.us/DOHInitialApp/CreateAccount.aspx?Board=8056&Procde=5601.

Rulemaking Authority 456.013, 468.221, 468.204 FS. Law Implemented 456.013, 456.0635, 468.209, 468.221 FS. History–New 4-28-76, Amended 9-9-85, Formerly 21M-13.07, Amended 6-29-89, Formerly 21M-13.007, 61F6-13.007, 59R-61.007, Amended 1-12-09, 5-19-10, 12-19-12, 10-12-14,                                          .

 

64B11-2.007 Medical Error Prevention Education for Initial Licensure.  All applicants for licensure shall submit to the Board proof of completion of a 2-hour course relating to the prevention of medical errors. The course must have been approved by the Board and may be one offered by a facility licensed pursuant to Chapter 395, Florida Statutes. The course shall include a study of root-cause analysis, error reduction and prevention, patient safety, and for applications filed on or after July 1, 2004, must include contraindications and indications specific to occupational therapy management, including medication and side effects.

Rulemaking Specific Authority 456.013(7), 468.204 FS. Law Implemented 456.013(7) FS. History–New 12-11-96, Formerly 59R-61.016, Amended 7-28-99, 6-25-02, 2-19-04, 10-15-06,                               .

 

64B11-2.008 Fees; Initial License.  Each applicant for occupational therapist or occupational therapy assistant licensure shall submit an initial licensure fee in the amount of $75 to the Department. The initial licensure fee shall be submitted with the application fee set forth in Rule 64B11-2.003, F.A.C. A check or money order shall be payable to the order of the Department of Health.

Rulemaking Authority 456.013(2), 468.204, 468.221 FS. Law Implemented 456.013(2), 468.221 FS. History–New 4-28-76, Amended 8-9-76, 11-15-78, 9-9-85, Formerly 21M-13.08, Amended 6-29-89, Formerly 21M-13.008, 61F6-13.008, 59R-61.008, Amended 12-20-98, 12-16-01,                                        

 

64B11-2.009 Fees; Renewal of License.  Each licensed occupational therapist and occupational therapy assistant shall submit a biennial renewal fee of $55.00 by check or money order made payable to the order of the Department of Health.

Rulemaking Specific Authority 468.204, 468.221 FS. Law Implemented 468.221 FS. History–New 4-28-76, Amended 8-9-76, 11-15-78, 9-9-85, Formerly 21M-13.09, Amended 6-29-89, 7-23-91, Formerly 21M-13.009, 61F6-13.009, 59R-61.009, Amended 12-16-01, 12-11-02,                  .

 

(Substantial Rewording of Rule 64B11-2.011 follows. See Florida Administrative Code for present text.)

64B11-2.011 Definition of Supervised Fieldwork Experience. Supervision, for purposes of this rule, shall mean that the occupational therapist student or occupational therapy assistant student has daily direct contact at the worksite with his or her supervisor.  The term “supervised fieldwork experience,” as provided for in Section 468.209(1)(c), F.S., shall mean:

(1) For an occupational therapy student, experience at an occupational therapist level occuring in a clinical setting affiliated with an educational institution in occupational therapy for a minimum of 6 months, with the fieldwork experience supervised by a licensed occupational therapist.

(2)  For an occupational therapy assistant student, experience at an occupational therapy assistant level occuring in a clinical setting affiliated with an educational institution in occupational therapy for a minimum of 2 months, with the fieldwork experience supervised by a licensed occupational therapist or by a licensed occupational therapy assistant under the supervision of a licensed occupational therapist.

Rulemaking Specific Authority 468.204 FS. Law Implemented 468.209 FS. History–New 12-4-95, Amended 12-11-96, Formerly 59R-61.015, Amended 6-6-07, 10-24-07,                                          .

 

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: November 2, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 12, 2015