Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Respiratory Care
RULE NO: RULE TITLE
64B32-6.005: Provider Approval and Renewal Procedures
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to adopt new language to clarify the continuing education provider approval and renewal procedures.
SUMMARY: The rule amendment will delete unnecessary language and to adopt new language to clarify the continuing education provider approval and renewal procedures.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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: 456.025(4), 468.361(3) FS.
LAW IMPLEMENTED: 456.025(7), 468.361(3) 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: Allen Hall, Executive Director, Board of Respiratory Care Specialists/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-5255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B32-6.005 Provider Approval and Renewal Procedures

(1) The provider seeking approval shall:

(a) Make application and profile electronically on forms provided by the Department and allow a minimum of 90 days prior to the date the offering begins, and submit the form entitled APPLY TO BE A CE PROVIDER on FORM DH-MQA-CEB-MQA-CEB-1, May 2006 which was adopted and incorporated by reference in Department of Health Rule 64B-5.003 and is available at https://www.cebroker.com/public/pb_index.asp along with a minimum of one course for approval and the following:

1. through 5. No change.

6. Sample evaluation.

7.(b) Pay Tthe $250 application fee.

8.(c) Submit a minimum of one (1) offering for the Boards’ review.

(2) through (3) No change.

(4) The biennial renewal fee for providers shall be $220.

(4)(5) Every provider shall:

(a) Notify the Board, through CE Broker, of any change in contact persons or any significant alterations or changes in the content, goals or objectives, or syllabus of the program, or in the instructors of the program.

(b) through (d) No change.

(5)(6) The Board may utilize the assistance of a representative, expert groups, or individuals as appropriate in implementing these rules.

(6)(7) The Board may will audit at random a number of providers as is necessary to assure that the requirements of this rule are met. Failure to document compliance with these requirements or the furnishing of false or misleading information regarding compliance shall be grounds for discipline withdrawal of provider status.

(7) Providers seeking renewal shall make application electronically a minimum of 90 days prior to the first offering in the new biennium on the form entitled RENEW CE PROVIDERSHIP-FORM DH-MQA-CEB-8, May 2006 adopted and incorporated by reference in the Department of Health Rule 64B-5.003 and available at https://www.cebroker.com/public/pb_index.asp. The biennial renewal fee for providers shall be $220.00.

(8) The provider seeking approval for video-taped productions also shall understand and agree:

(a) Not more than one offering shall be submitted per tape.

(b) Each tape shall contain a maximum of four contact hours worth of material.

(c) The offering shall begin with an introduction of the speaker(s) and with a statement of the educational objectives of the program, including the criteria for successful completion of the program.

(d) Approval for an offering related to the direct delivery of respiratory care services shall expire at the end of the biennium; however, the offering may be resubmitted for consideration by the Board as is or with changes if accompanied by a statement that the offering is current and reflective of advancements and new developments regarding respiratory care services.

(8)(9) The provider seeking initial approval for home study, self directed, or anytime courses also shall comply with the provisions of section (1) through (3), and understand and agree: providers seeking to renew approval as a provider of home study, self directed, or anytime courses shall comply with the provisions of subsections (4) through (7).

(a) through (c) No change.

(9) The provider seeking home study, self directed, or anytime course approval for electronically delivered productions including but not limited to audio or video tape, DVD, CD, or other media delivery devices or methods also shall understand and agree:

(a) Not more than one offering shall be submitted per tape, DVD, CD or other media delivery device or method.

(b) Each tape, DVD, CD or other media delivery device or method shall contain a maximum of four contact hours worth of material.

(c) The offering shall begin with an introduction of the speaker(s) and with a statement of the educational objectives of the program, including the criteria for successful completion of the program.

(d) Approval for an offering related to the direct delivery of respiratory care services shall expire at the end of the biennium; however, the offering may be renewed, if unchanged without resubmission of the offering itself. If changed, the course may be resubmitted for consideration by the Board with changes if accompanied by a statement that the offering is current and reflective of advancements and new developments regarding respiratory care services. If changed, the course shall be submitted not fewer than 90 days prior to its being offered in the new biennium.

(10) The provider seeking approval for an offering provided via the Internet also shall provide the Board with a printed or hard copy of the offering.

Rulemaking Specific Authority 456.025(4), 468.361(3) FS. Law Implemented 456.025(7), 468.361(3) FS. History–New 4-24-96, Amended 5-7-97, Formerly 59R-75.0041, Amended 4-23-98, 6-9-99, Formerly 64B8-75.0041, Amended 7-4-02, 10-22-03, 5-15-05, 7-13-05,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Respiratory Care Specialists
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Respiratory Care Specialists
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 27, 2009