Continuing Education In-Person Attendance Requirement

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NO.:RULE TITLE:

64B6ER20-25:Continuing Education and Laws and Rules Attendance

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Board of Hearing Aid Specialists is statutorily mandated to adopt rules to implement and enforce the provisions of Chapter 484, Part II, Florida Statutes. Pursuant to this authority, the Board has promulgated rules setting forth the guidelines and requirements for continuing education requirements of hearing aid specialists.

Rule 64B6-5.001, Florida Administrative Code, requires attendance at continuing education courses shall be in person. The rule currently does not allow attendance at Board-approved continuing education courses for initial licensure and license renewal by alternative distance learning methods.

On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency pursuant to the spread of the Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially declared that a state of emergency exists in the State of Florida. COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza. The Center for Disease Control (“CDC”) recommends mitigation measures to combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk, including older adults and those who have serious chronic medical conditions, to avoid non-essential air travel and to avoid crowds as much as possible. On April 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-91 (Essential Services and Activities During COVID-19 Emergency) ordering senior citizens and individuals with a significant underlying medical condition shall stay at home and take all measures to limit the risk of exposure to COVID-19. Further, the order provides that all persons in Florida shall limit their movement and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.

Since the issuance of the Executive Orders and the declaration of a public health emergency by the State Health Officer and Surgeon General Dr. Rivkees, the Board office has received numerous inquiries regarding whether hearing aid specialists may attend required continuing education by alternative, distance learning methods. The current rule requires in-person attendance at continuing education courses. Additionally, initial applicants for hearing aid specialists are required to attend a Florida Laws and Rules course to meet minimum qualifications. The in-person requirement to attend the Florida Laws and Rules course is a barrier to licensure for the hearing aid specialists’ profession. This revision will allow initial licensure and license renewal of hearing aid specialists by alternative, distance learning methods and ensure availability of health services to the public. This revision to allow distance learning options is essential during this healthcare emergency.

Accordingly, the Board, by emergency rule, allows attendance at Board-approved continuing education courses for initial licensure and license renewal by alternative, distance learning method for continuation of services to clients of hearing aid specialists. The Board finds that these actions are a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 by licensed professionals who are required to complete initial licensure training and continuing education to maintain licensure.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Given the recently declared emergency in the State of Florida, the recent guidance from the CDC, the Federal Social distancing guidelines which will be in effect through at least April 30, and the risk of denying services to citizens of Florida during and after the current declared emergency, the Board finds that an immediate danger to the public health, safety, or welfare necessitates immediate action. Notice of this emergency meeting was published in the Florida Administrative Register on April 8, 2020. In addition, notice of the Board’s emergency meeting was posted on the Board’s official website.

SUMMARY: The proposed emergency rule allows for the continuation of licensure of hearing aid specialists and services to their clients during and after the present health care emergency.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Janet Hartman Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin # C-08 Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64B6ER20-25 Continuing Education and Laws and Rules Attendance

(1) Notwithstanding the in-person attendance requirement specified in Rule 64B6-5.001(1), Florida Administrative Code, attendance at Board-approved continuing education courses for initial licensure and license renewal may be accomplished by alternative, distance learning methods.

(2) Initial applicants may complete the required two-hour Florida Laws and Rules course by alternative distance learning methods when delivered by Board-approved instructors.

(3) Emergency rule 64B6ER20-25 F.A.C., is hereby superseded by the present rule.

Rulemaking Authority 484.044, FS. Law Implemented 484.0445, 484.045, 484,047, FS. History–New,                   .

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: April 9, 2020