To clarify the rules and update the application forms.

 

DEPARTMENT OF HEALTH

Council of Licensed Midwifery

RULE NOS.:RULE TITLES:

64B24-2.001Licensure to Practice Midwifery

64B24-2.002Examination

64B24-2.003Licensure by Examination

64B24-2.004Licensure by Endorsement

PURPOSE AND EFFECT:  To clarify the rules and update the application forms.   

SUMMARY: The rule is being amended for clarification and to update the application forms. 

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY:  456.004(5), 467.005, FS.

LAW IMPLEMENTED:  381.0034, 456.013, 456.017, 467.011, 467.0125, 467.017, 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:  Claudia Kemp, Executive Director, 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399-3256, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B24-2.001 Licensure to Practice Midwifery.

(1) Applications for a midwife license by examination or endorsement Persons desiring to be licensed as a midwife shall be submitted make application to the department and remit all applicable fees as required by Chapter 64B24-3, F.A.C. The application shall be made on incorporated by reference Form DH-MQA 1051, (08/2015), (3/10) Application for Midwifery Licensure, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-#### which can be obtained from the Council of Licensed Midwifery, Department of Health, 4052 Bald Cypress Way, Bin C06, Tallahassee, Florida 32399-3256 or at http://www.doh.state.fl.us/mqa/midwifery. If incomplete the application and fees shall expire 1 year from the date on which the application is initially received by the department. After a period of 1 year a new application with required fees must be submitted.

(2) Applicants must The department shall license only those applicants who have completed the application form, remitted the appropriate fees required by Rule Chapter 64B24-3, F.A.C., and who demonstrate to the department that they:

(a) No change.

(b) Meet the requirements for licensure by examination exam pursuant to Rule 64B24-2.003, F.A.C., or licensure by endorsement pursuant to Rule 64B24-2.004, F.A.C.;

(c) Have completed a one-hour educational course on HIV/AIDS that meets the substantive specifications set forth in Section 381.0034, F.S., as it pertains to the practice of midwifery; and

(d) Have completed a two-hour course relating to the prevention of medical errors; and

(e)(3) Have successfully completed an approved four-month prelicensure course, if required Applications to the Department shall be accepted from persons desiring to be licensed as a midwife by endorsement and needing to establish educational eligibility for acceptance into the required 4-month prelicensure course. The application shall be made on Form DH-MQA 1113, 8/07, Application For 4-Month Pre-Licensure Course, incorporated herein by reference, which can be obtained from the Council of Licensed Midwifery, Department of Health, 4052 Bald Cypress Way, Bin C06, Tallahassee, Florida 32399-3256. Unless the Department has reason to believe that mistaken or fraudulent documentation was relied upon or unless requested by an applicant, the educational eligibility determination for purposes of the 4-month prelicensure course also shall be used to determine educational eligibility for purposes of the subsequent licensure by endorsement application.

(4) When the department is satisfied that all requirements are met in full, a license to practice midwifery will be issued to the applicant. The license will remain valid for the remainder of the biennium in which it is issued, unless suspended or revoked by the department.

Rulemaking Authority 456.004(5), 467.005 FS. Law Implemented 381.0034, 456.013, 467.011, 467.0125 FS. History–New 1-26-94, Formerly 61E8-2.001, 59DD-2.001, Amended 10-29-02, 12-26-06, 2-7-08, 5-17-09, 8-10-10,                .

 

64B24-2.002 Examination.

The department hereby designates the North American Registry of Midwives’ (NARM) written examination dated after October 1, 1993, as the midwifery licensure examination. Any person desiring to be licensed as a midwife shall apply and pay the examination fee to the NARM to take the licensure examination.

Rulemaking Specific Authority 456.004, 467.005, 456.017 FS. Law Implemented 467.011, 456.017 FS. History–New 1-26-94, Formerly 61E8-2.002, Amended 9-3-95, Formerly 59DD-2.002, Amended 9-26-02,                  .

 

64B24-2.003 Licensure by Examination.

In addition to the application, pPersons desiring to obtain seeking licensure as a midwife by examination shall make application to the department pursuant to Rule 64B24-2.001, F.A.C., and shall evidence compliance of licensure requirements by submit submitting the following:

(1) No change.

(2) A general written emergency care written plan for the management of emergencies which meets the requirements of Section 467.017(1), F.S., and submitted on Form DH-MQA 1077 (10/05), Emergency Back Up Plan for Licensed Midwifery Patients, incorporated herein by reference, and

(3) Documentation of a passing score on the licensure examination designated in Rule 64B24-2.002, F.A.C. Such documentation shall be sent directly to the department from the NARM.

Rulemaking Specific Authority 456.004(5), 467.005 FS. Law Implemented 456.017, 467.011, 467.017 FS. History–New 1-26-94, Formerly 61E8-2.003, 59DD-2.003, Amended 10-24-02, 2-2-06,                 .

 

64B24-2.004 Licensure by Endorsement.

(1) (a) In addition to the application, fForeign trained applicants for licensure as a midwife by endorsement shall make application to the department pursuant to Rule 64B24-2.001, F.A.C., and shall in addition submit to the department following:

1. through 4. No change.

5. Explanation Clarification of the existence of any deviation as to how the applicant’s name appears on the face of different names on documents in support of this submitted with the application;

6. Evidence of successful completion of the an approved 4 month prelicensure course pursuant to Rule 64B24-4.010, F.A.C.;

7. No change.

8. A general written emergency care plan for the management of emergencies which meets the requirements described in Section 467.017, F.S.

(b) through (b)1. No change.

2. The completed midwifery or medical program equivalent to a three year program, offered the equivalent to 90 credit hours, and included minimum required exposure to course work and practicum areas as demonstrated by use of the Form DH-MQA 1111, Foreign-Trained Midwife Applicant Evaluation Tool (08/2015) 8/07, EVALUATION TOOL Four Month Pre-Licensure Course Foreign-Trained Midwife Applicant for Licensure By Endorsement, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=ref-####.

3. The applicant has received a determination of substantial equivalency through the use of this evaluation tool by an approved foreign education credentialing agency. meeting the following criteria:

a. Has a comprehensive, standardized orientation and training program for all reviewers who must be experienced and knowledgeable in the area of midwifery education.

b. Has an audit and quality assurance or review committee to monitor the evaluation process.

c. Employs full time staff support including an international expert in education credential equivalency and analysis.

d. Has an updated, current, and comprehensive resource document library available for reference.

e. Consults with a Florida licensed midwife approved by the Department to review the professional education component of the review.

f. Uses original documentation for the institution with institutional seals and signatures.

(2)(a) In addition to the application, pPersons trained in another state for seeking licensure as a midwife by endorsement shall make application to the department pursuant to Rule 64B24-2.001, F.A.C.,and shall in addition submit to the department following:

1. Evidence of successful completion of the approved four-4 month prelicensure course pursuant to Rule 64B24-4.010, F.A.C.;

2. No change.

3. A general written emergency care plan for the management of emergencies which meets the requirements described in Section 467.017, F.S.

(b) through (b)3. No change.

4. Official transcripts from the midwifery program which document classroom instruction and clinical training equivalent to the requirements in Rules 64B24-4.004 through 64B24-4.007, F.A.C these rules.

(c) through (c)1. No change.

2. The completed midwifery or medical program equivalent to a three-year program, offered the equivalent to 90 credit hours, and included minimum required exposure to course work and practicum areas as demonstrated by use of the Form DH-MQA 1112, Out of State Midwife Applicant Evaluation Tool (08/2015), 8/07, EVALUATION TOOL – Four Month Pre-Licensure Course Out-of-State Midwife Applicant for Licensure By Endorsement, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-####.

3. The applicant has received a determination of substantial equivalency through the use of this evaluation tool by an approved education credentialing agency. meeting the following criteria:

a. Has a comprehensive, standardized orientation and training program for all reviewers who must be experienced and knowledgeable in the area of midwifery education.

b. Has an audit and quality assurance or review committee to monitor the evaluation process.

c. Employs full time staff support including an international expert in education credential equivalency and analysis.

d. Has an updated, current, and comprehensive resource document library available for reference.

e. Consults with a Florida licensed midwife approved by the department to review the professional education component of the review.

f. Uses original documentation for the institution with institutional seals and signatures.

(3)(a) The department shall issue Aa temporary certificate to practice midwifery in areas of critical need may be issued to any applicant who is qualifying for licensure by endorsement pursuant to subsection 64B24-2.004(1) or (2), F.A.C. The applicant shall submit to the department:

1. A a completed application on form DH-MQA 5013, Application for Temporary Midwifery Certificate in Areas of Critical Need (08/2015), incorporated by reference and available at https:www.flrules.org/Gateway/reference.asp?No=Ref-####; and the temporary certificate fee required pursuant to Rule 64B24-3.004, F.A.C.;

2. Documentation as required by paragraph (1)(a) or (2)(a) of this rule which will evidence the active pursuit of licensure through endorsement;

3. Ddocumentation of the area of critical need pursuant to Section 467.0125(2)(a), F.S.; and the

4. nName of the individual who will serve as the midwife’s supervisor. This individual shall be a physician currently licensed pursuant to Chapter 458 or Chapter 459, F.S., a certified nurse midwife licensed pursuant to Chapter 464, F.S., or a midwife licensed pursuant to Chapter 467, F.S., who has a minimum of 3 years of professional experience.

(4)(b) A temporary certificate issued under this section shall be valid only as long as an area for which it is issued remains an area of critical need, but no longer than 2 years. A temporary certificate is not renewable, nor shall a person be granted a temporary certificate more than once.

(c) To ascertain that the minimum requirements of the midwifery rules are being met, temporary certificate holders shall submit by December 1 each year on Form DH-MQA 1052, Annual Report of Midwifery Practice, incorporated herein by reference and revised 8/01, and can be obtained from the Council of Licensed Midwifery, Department of Health, 4052 Bald Cypress Way, Bin C02, Tallahassee, Florida 32399-3256.

Rulemaking Authority 467.005 FS. Law Implemented 467.0125 FS. History–New 1-26-94, Formerly 61E8-2.004, 59DD-2.004, Amended 10-24-02, 2-7-08, 4-22-09,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Claudia Kemp

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2015

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