Continuing Education Required for License Renewal

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.: RULE TITLE:

64B12ER20-28: Continuing Education Required for License Renewal

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Board of Opticianry (Board) is required by statute to adopt rules to implement and enforce Chapter 484, Part 1, Florida Statutes. In doing so, the Board promulgated Chapter 64B12-15, F.A.C., Continuing Education, which sets out the requirements for registered continuing education providers presenting courses involving classroom instruction as well as those which do not involve classroom instruction. Currently rule 64B12-15.001, F.A.C., requires that licensees complete a minimum of 20 hours of continuing professional education with a maximum of 5 hours of education earned from courses without classroom instruction during each renewal period. The existing rule requires that courses involving classroom instruction require in person attendance which is logistically impossible due to the COVID-19 pandemic social distancing requirements and restrictions. Meanwhile, many licensed opticians are trying to complete their continuing education licensure renewal requirements by the renewal deadline of December 31, 2020. They need to take the courses in question but cannot do so in a classroom setting because of the restrictions further detailed below caused by the COVID-19 pandemic. The rule limits the number of total hours that the licensees can take in a non-classroom setting. As there is no present consensus on when the COVID-19 restrictions will be safely lifted not allowing non-classroom setting learning methods to count toward all required hours will greatly restrict the amount of courses available for those seeking licensure renewal in the short amount of time available.

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 June 5, 2020, Governor Ron DeSantis issued Executive Order Number 20-149 (Phase 2: Safe, Smart. Step-by-Step, Plan for Florida’s Recovery). Section 2 of the order concerning Responsible Individual Activity encourages all persons in Florida to follow appropriate social distancing and safety protocols issues by the CDC and OSHA and strongly encourages Senior Citizens and individuals with significant underlying medical condition to avoid crowds and take measures to limit the risk of exposure to COVID-19. Further, the order provides that all persons in Florida are encouraged to avoid congregating in groups larger than 50 persons and requires that most businesses observe appropriate social distancing and operate at 50% capacity. The order also extends Executive Order Number 20-81 requiring all persons who enter the State of Florida from an area with substantial community spread, to include the New York Tri-State Area (Connecticut, New Jersey, and New York), to isolate or quarantine for a period of 14 days from the time of entry into the State of Florida or the duration of the person’s presence in the State of Florida, whichever is shorter.

Since the issuance of the Executive Orders and the declaration of a public health emergency, the classroom instruction requirement under Rule 64B12-15.001(1), F.A.C., has become a barrier to licensure renewal for Opticians because of the threat of exposure to COVID-19 if these courses are attended in person. This rule revision to allow courses to be provided in interactive distance learning methods will avoid possible risk of non-licensure renewal by many Opticians and ensure the continued availability of Opticianry services to the public. This revision to allow interactive distance learning methods is essential during this healthcare emergency.

Accordingly, the Board by emergency rule, for Opticians seeking certificate and registration licensure renewal by the December 31, 2020 biennium permits all continuing education requirements to be taken by courses not involving a classroom instruction by Board-approved continuing education courses that were authorized as courses not involving classroom instruction. The Board finds that this not only assists timely licensure renewal, despite the barriers to doing so caused by the COVID-19 pandemic, it will also help Opticians continue to provide services to the public. The Board finds that these actions are a measured regulatory approach that also helps to mitigate the threat of exposure to COVID-19 by Opticians who are required to complete continuing education to maintain licensure renewal.

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 social distancing guidelines which will be in effect through at least June 30, 2020 and the risk of impeding licensure renewal and the availability of Opticianry services to Florida citizens 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 June 29, 2020. In addition, notice of the Board’s emergency meeting was posted on the Board’s official website.

SUMMARY: The proposed emergency rule permits attendance by interactive distance learning methods at Board-approved continuing education courses.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Janet Hartman Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C-06 Tallahassee, Florida 32399-3256.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

64B12ER20-2864B12-15.001 Continuing Education for License Renewal.

(1) All licensed opticians shall be required to obtain continuing education from courses offered by providers approved by this rule chapter prior to biennial license renewal.

(2) Within each license renewal biennium, each licensed optician shall complete a minimum of 20 hours of continuing professional education, according to the criteria set forth in these rules. A maximum of 5 hours of continuing professional education may be earned from courses without classroom instruction. An optician initially licensed in the first year of the biennium shall, for the first renewal, be required to complete only one-half the number of hours of continuing education as are required biennially in Rule 64B12-15.003, F.A.C., of which a maximum of 3 hours may be earned from courses without classroom instruction. An optician initially licensed during the second year of the biennium shall not be required to complete continuing education for the first license renewal. For the first renewal in which a licensee is required to take continuing education, one (1) hour of continuing education instruction must be on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS).

(a)  Within each license renewal biennium, each licensed optician shall complete a minimum of 20 hours of continuing professional education, according to the criteria set forth in these rules.  A maximum of 5 hours of continuing professional education may be earned from courses without classroom instruction.

(b)  For the biennium ending December 31, 2020, the restriction on permitting a maximum of 5 hours of continuing professional education, which may be earned from courses without classroom instruction, shall not be effective, and all such hours can be earned by other means, as set out in 64B12-15.008(1), F.A.C..

(3) Credit hours for continuing professional education must be earned during the biennium for which they will be submitted.

(4) Licensed opticians who serve as full-time instructors of opticianry at an educational institution accredited by an accrediting agency recognized and approved by the United States Department of Education or the Council on Postsecondary Education shall not be required to complete continuing education courses in order to renew their licenses, so long as they were so employed during the entire biennium.

(5) At the time of license renewal, the licensee shall submit to the Department a license renewal card, the form affirming completion of the continuing education requirements and the renewal fee prescribed by Rule 64B12-11.003, F.A.C. In order to receive continuing professional education credit for video cassette courses taken by the licensee, a video cassette course validation form signed by the vendor and the licensee shall be retained for purposes of proof.

Rulemaking Authority 456.013(8), (9), 484.005, 484.008(3) FS. Law Implemented 456.013(8), (9), 484.008(3) FS. History–New 10-12-80, Amended 6-30-82, 12-5-82, 9-5-83, 8-30-84, Formerly 21P-15.01, Amended 3-5-87, 9-17-87, 3-30-89, 12-23-90, 6-11-92, 2-18-93, 5-19-93, Formerly 21P-15.001, Amended 4-17-94, Formerly 61G13-15.001, Amended 8-8-94, 3-14-95, 4-18-96, Formerly 59U-15.001, Amended 8-6-97, 4-20-99, 7-27-08, 3-29-15, 3-26-18,______________.

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: July 1, 2020