Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO.: RULE TITLE:
69K-17.0042: Approval of Continuing Education Courses.
PURPOSE AND EFFECT: This rulemaking action implements changes to Chapter 497, Florida Statutes, as enacted by the Florida legislature in Chapter. 2010-125, Laws of Florida. Said statutory changes repealed Section 497.367, F.S., which previously required a specific course in HIV-AIDs as part of continuing education training; multiple other statutes were changed to reflect the deletion of the HIV-AIDs course requirement. This rulemaking deletes references to HIV-AIDs courses in a rule relating to continuing education. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services at its monthly meeting on January 6, 2011.
SUMMARY: Deletes reference to HIV-AIDs in a rule relating to continuing education for persons licensed under Chapter 497, F.S.
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 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: knowledge and experience of Department staff.
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: 497.105(5), 497.147(2), (4) FS.
LAW IMPLEMENTED: 497.162, 497.368(1)(e), 497.369(1)(c), 497.373(1)(e), 497.374(1)(c), 497.378(1), 497.379(1), 497.602(3)(c);, 497.603(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 12, 2012, 9:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 days before the workshop/meeting by contacting: LaTonya Bryant-Parker, at (850)413-4957, or by email at LaTonya.Bryant-Parker@MyFloridaCFO.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, (850)413-4984; shropshired@MyFloridaCFO.com. Direct any request for a hearing to Mr. Shropshire.

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-17.0042 Approval of Continuing Education Courses.

(1) through (2) No change.

(3) Approved subject matter includes, as appropriate to the scope of practice of the licensee to whom credit shall be awarded.

(a) Basic theory and practice of funeral directing, embalming, or direct disposal services.

(b) Technical subjects including mortuary sciences, skill and technique development, scientific applications, and other topics specific to the overall practice of funeral directing, embalming, or direct disposal of human remains.

(c) Communicable diseases including transmission, sterilization techniques, risk education methods in practice of professional services, and Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome relative to precautions and risk reduction in the workplace.

(d) Public health and safety subjects including grief management, stress management, risk management, biohazardous and hazardous waste, and pathology.

(e) Subjects dealing with licensees’ legal and ethical responsibilities, including the laws and rules governing the practice.

(4) through (7) No change.

Rulemaking Specific Authority 497.103, 497.105(5), 497.147 FS. Law Implemented 497.147, 497.162, 497.368(1)(e), 497.369(1)(c), 497.373(1)(e), 497.374(1)(c), 497.378(1), 497.379(1), 497.602(3)(c), 497.603(2) 497.378 FS. History–New 4-10-94, Amended 3-14-95, 7-25-95, 9-25-95, 10-30-01, Formerly 61G8-17.0042, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, on behalf of the Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Chapter 497, F.S.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 6, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 27, 2011