23106193, 61G18ER20-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 23106193

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Board of Veterinary Medicine

Overview

RULE:

61G18ER20-2

Licensure by Examination; Demonstration of Knowledge of Laws and Rules.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Board of Veterinary Medicine (hereinafter the “Board”) is statutorily mandated to adopt rules establishing a procedure for applicants by examination to demonstrate knowledge of the laws and rules governing the practice of veterinary medicine in Florida.  The Board currently requires applicants by examination to pass, prior to becoming licensed, an examination testing the applicant’s knowledge of the laws and rules governing the practice of veterinary medicine in Florida. 
Rule 61G18-11.002, Florida Administrative Code, states that every person seeking licensure by examination must pass a laws and rules exam approved by the Board that includes the following subjects: the Veterinary Medical Practice Act, Chapter 474, F.S.; Chapter 455, F.S., relating to the Department of Business and Professional Regulation; Division 61G18, F.A.C., the rules promulgated by the Board of Veterinary Medicine; Chapters 465, 499, 585, 828 and 893, F.S.; and the most recent revision of the “Practitioner’s Manual,” an informational outline of the Controlled Substances Act of 1970, published by the Drug Enforcement Administration of the United States Department of Justice. 
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. As of March 24, 2020, there are over 1400 confirmed cases of COVID-19 in the State of Florida. 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.  In fact, as of March 16, 2020, the CDC has recommended the cancellation of any event that would be attended by ten (10) or more people.  
Since the issuance of the Executive Orders and declaration of a public health emergency by the State Health Officer and Surgeon General Dr. Rivkees, the Board office has received numerous calls and emails from graduating veterinary medicine students who are concerned about the dangers of travel related to COVID-19 and attending mass gatherings of test takers.  Many have inquired as to whether there is an alternative method by which they can obtain demonstrate knowledge of the laws and rules governing the practice of veterinary medicine in Florida. Applicants appear to be concerned about the dangers of being in large groups of people, travel to the locations were the tests are administered, some believe that their attendance at seminars/courses may potentially contribute to the spread of the virus, and others state they are in the high-risk groups identified by the CDC.  
Florida’s applicants for veterinary medicine licenses, and those who may come in contact with them, should not be unnecessarily put at risk during this healthcare emergency.  Accordingly, the Board, by emergency rule, will allow applicants by examination who apply for licensure prior to January 1, 2021, to successfully complete an on-line laws and rules course, approved by the Board, that addresses the following subject areas: the Veterinary Medical Practice Act, Chapter 474, F.S.; Chapter 455, F.S., relating to the Department of Business and Professional Regulation; Division 61G18, F.A.C., the rules promulgated by the Board of Veterinary Medicine; Chapters 465, 499, 585, 828 and 893, F.S.; and the most recent revision of the “Practitioner’s Manual,” an informational outline of the Controlled Substances Act of 1970, published by the Drug Enforcement Administration of the United States Department of Justice. The Board finds that these actions are a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 to veterinary medicine applicants by endorsement and to those that come in contact with them.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Given the recently declared public health emergency in the State of Florida, the recent guidance from the CDC, the fact that at least 2 classes of veterinary medicine students will be graduating in Florida within this calendar year that are applying for licensure and will otherwise be required to take a laws and rules course in person prior to licensure, the Board finds that this constitutes an immediate danger to the public health, safety, or welfare, and thus, necessitates immediate action to mitigate this issue.  Notice of this emergency meeting was published in the Florida Administrative Register in Volume 46, No. 58 on March 24, 2020.  In addition, notice of the Board’s emergency meeting was posted on the Board’s official website.

SUMMARY:

The proposed emergency rule allows applicants by examination to take a board approved on-line laws and rules course in lieu of taking the laws and rules examination mandated by Rule 61G18-11.002(3), Florida Administrative Code.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ruthanne Christie, Executive Director, Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771.

PRINT PUBLISH DATE:

4/2/2020 Vol. 46/65

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=61G18ER20-2&PDate=4/2/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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