Notice of Proposed Rule

DEPARTMENT OF HEALTH
Council of Licensed Midwifery
RULE NO: RULE TITLE
64B24-2.001: Licensure to Practice Midwifery
64B24-2.004: Licensure by Endorsement
PURPOSE AND EFFECT: To update the rules.
SUMMARY: The Department is allowing applicants to choose a 2-step licensure phase and will approve or deny applications for the 4-month prelicensure course based on educational eligibility. Specific educational requirements are set forth for foreign and for out-of-state applicants.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.004(5), 467.005 FS.
LAW IMPLEMENTED: 381.0034, 456.013, 467.011, 467.0125 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela King, Executive Director, 4052 Bald Cypress Way, Bin #C-06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B24-2.001 Licensure to Practice Midwifery.

(1) through (2) No change.

(3) 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)(3) No change.

Specific 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, ________.

 

64B24-2.004 Licensure by Endorsement.

(1)(a) Foreign trained applicants for licensure 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:

1. A valid certificate or diploma from either a foreign institution of medicine or a foreign school of midwifery;

2. A certified translation of the certificate or diploma earned from a foreign institution of medicine or foreign school of midwifery;

3. The document which renders the foreign trained applicant eligible to practice medicine or midwifery in the country in which that document was issued;

4. A certified translation of the certificate, diploma or license which renders the foreign trained applicant eligible to practice medicine or midwifery in the country from which the diploma or certificate was awarded;

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

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

7. Evidence of a passing score on the licensure examination; and

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

(b) In determining whether the requirements to hold a certificate or diploma from a foreign institution of medicine or a foreign school of midwifery are substantially equivalent to the requirements established under Chapter 467, F.S., and these rules, the department shall consider whether:

1. The applicant has a high school diploma, or its equivalent, and passed the College Level Academic Scholastic Test (CLAST), or has taken and received a passing grade in three college level credits each of Math and English, or can demonstrate competencies in communication and computation by passing the College Level Equivalent Proficiency (CLEP) test in communication and computation. The curriculum of the foreign institution of medicine or foreign school of midwifery provided both classroom instruction and core rotations in obstetrics/gynecology for award of the diploma or certificate;

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, 8/07, EVALUATION TOOL – Four Month Pre-Licensure Course Foreign-Trained Midwife Applicant for Licensure By Endorsement, incorporated herein by reference. The medical education required for award of the diploma or certificate was at least 3 years; and

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: The applicant’s diploma or certificate meets the requirements to render the applicant eligible to practice medicine or midwifery in the country from which the diploma or certificate was awarded.

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

(ii) Has an audit and quality assurance or review committee to monitor the evaluation process

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

(iv) Has an updated, current, and comprehensive resource document library available for reference.

(v) Is recognized to perform visa screening by the Immigration and Naturalization Service of the federal government.

(vi) Consults with a Florida licensed midwife to review the professional education component of the review.

(vii) Uses original documentation for the institution with institutional seals and signatures.

(2)(a) Persons trained in another state for licensure 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:

1. A current valid unrestricted certificate or license to practice midwifery in another state;

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

2.3. Evidence of a passing score on the licensure examination; and

3.4. A written plan for the management of emergencies which meets the requirements described in Section 467.017, F.S.

(b) In determining whether the requirements to hold a certificate or license to practice midwifery in another state are substantially equivalent to the requirements established under Chapter 467, F.S., and these rules, the applicant shall submit:

1. A current valid unrestricted certificate or license to practice midwifery in another state;

2.1. A certificate or diploma awarded by a midwifery program which was approved by the certifying body of the state in which it was located, or an authenticated copy of that certificate or diploma;

3.2. A copy of the other state’s laws and rules under which the applicant’s certificate or license was issued; and

4.3. 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.

(c) In determining whether the requirements to practice midwifery in another state are substantially equivalent to the requirements established under Chapter 467, F.S., and these rules, the department shall consider whether:

1. The applicant has a high school diploma, or its equivalent, and passed the College Level Academic Scholastic Test (CLAST), or has taken and received a passing grade in three college level credits each of Math and English, or can demonstrate competencies in communication and computation by passing the College Level Equivalent Proficiency (CLEP) test in communication and computation.

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, 8/07, EVALUATION TOOL – Four Month Pre-Licensure Course Out-of-State Midwife Applicant for Licensure By Endorsement, incorporated herein by reference.

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:

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

(ii) Has an audit and quality assurance or review committee to monitor the evaluation process

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

(iv) Has an updated, current, and comprehensive resource document library available for reference.

(v) Is recognized to perform visa screening by the Immigration and Naturalization Service of the federal government.

(vi) Consults with a Florida licensed midwife to review the professional education component of the review.

(vii) Uses original documentation for the institution with institutional seals and signatures.

(3) No change.

Specific 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, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela King
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lucy Gee
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 13, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 25, 2007 and August 3, 2007