Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Occupational Therapy
RULE NO: RULE TITLE
64B11-2.007: HIV/AIDS and Medical Error Prevention Education for Initial Licensure
PURPOSE AND EFFECT: The Board proposes a substantial rewrite of the rule to remove unnecessary language and to remove reference to Section 456.033, Florida Statutes as it is no longer relates to initial licensure.
SUMMARY: The proposed substantial rewrite of the rule is to remove unnecessary language and to remove reference to Section 456.033, Florida Statutes as it no longer relates to initial licensure.
SUMMARY 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: 456.013(7), 456.033, 468.204 FS.
LAW IMPLEMENTED: 456.013(7), 456.033 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: Susan Love, Executive Director, Board of Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B11-2.007 HIV/AIDS and Medical Error Prevention Education for Initial Licensure.

(1) In order to comply with Section 456.033, Florida Statutes, each applicant for licensure as an Occupational Therapist must obtain for initial licensure a minimum of two hours of continuing education by participation in an approved formal training activity or self-study program on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. The course shall consist of education on the modes of transmission, infection control procedures, clinical management, and prevention of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. In addition, the course shall include information on current Florida Law on Acquired Immune Deficiency Syndrome and its impact on testing, confidentiality of test results, treatment of patients, and any protocols and procedures applicable to human immunodeficiency virus counseling and testing, reporting, the offering of HIV testing to pregnant women, and partner notification issues pursuant to Sections 381.004 and 381.25, Florida Statutes.

(2) As part of the application, the applicant shall confirm completion of the required course by submitting a copy of the course completion certificate. If the course has not been completed at the time of licensure, the applicant shall, upon the submission of an affidavit of good cause, be allowed 6 months to complete this requirement.

(3) The licensee must retain such receipts, vouchers, certificates, or other papers as may be necessary to document completion of the HIV/AIDS education listed on the form for a period of not less than four (4) years from the date the course was taken. The Board will audit at random a number of licensees as is necessary to assure that the HIV/AIDS education requirement has been met.

(4) All applicants for licensure shall submit to the Board proof of completion of a 2-hour course relating to the prevention of medical errors. The course must have been approved by the Board and may be one offered by a facility licensed pursuant to Chapter 395, Florida Statutes. The course shall include a study of root-cause analysis, error reduction and prevention, patient safety, and for applications filed on or after July 1, 2004, must include contraindications and indications specific to occupational therapy management, including medication and side effects.

Specific Authority 456.013(7), 456.033, 468.204 FS. Law Implemented 456.013(7), 456.033 FS. History–New 12-11-96, Formerly 59R-61.016, Amended 7-28-99, 6-25-02, 2-19-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Occupational Therapy
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Occupational Therapy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 21, 2006