23272160, 64B10ER20-27 - Florida Administrative Rules, Law, Code, Register

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Notice: 23272160

Notice of Emergency Rule

Department:

DEPARTMENT OF HEALTH

Division:

Board of Nursing Home Administrators

Overview

RULE:

64B10ER20-27

Continuing Education for Licensure Renewal.

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

The Board of Nursing Home Administrators (hereinafter the “Board”) is statutorily mandated to adopt rules establishing a procedure for the biennial renewal of licenses. The Board is authorized to condition such renewal upon the completion of continuing education courses. Pursuant to this authority, the Board has promulgated rules setting forth the requirements for continuing education as a predicate for licensure renewal and outlining the standards for said continuing education credits. 
Rule 64B10-15.001, Florida Administrative Code, states that every person licensed pursuant to chapter 468, Part II, Florida Statutes, is required to complete a minimum of 40 hours of continuing educational credit. Subsection (2)(a) requires that licensees complete a minimum of twenty (20) hours of continuing education credits that include personal attendance at a live presentation or completion of classroom attended college courses taught with live lectures. The   biennium for licensure renewal for all of Florida’s licensed nursing home administrators ends on September 30, 2020.
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). 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 May 20, 2020, there were over 45,000 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.  
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 licensees concerned about the dangers of travel related to COVID-19, attending in-person continuing education seminars, and the availability of continuing education instruction and training.  Some licensees are concerned about the dangers of being in large groups of people, some believe that their attendance at seminars/courses may potentially contribute to the spread the virus, others are concerned about the travel itself, and others state they are in the high-risk groups identified by the CDC.  Many are concerned that the availability of instruction/ training is currently limited which detrimentally impacts their ability to meet the biennium requirements. 
Florida’s nursing home administrators, and those who come in contact with them, should not be unnecessarily put at risk or materially limited from complying with continuing education requirements during this healthcare emergency.  Accordingly, the Board, by emergency rule, will waive the twenty (20) hour limitation of non-interactive correspondence/distance learning continuing education hours for the 2018-2020 biennial licensure renewal period. The Board finds that these actions are a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 to nursing home administrators and to those that come in contact with them.

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

Given the declared public health emergency in the State of Florida and the recent guidance from the CDC, the fact that the renewal period for licensure ends September 30, 2020, that some nursing home administrators may be required to attend in person continuing education courses/seminars to fulfill continuing professional education renewal requirements, the Board finds that an immediate danger to the public health, safety, or welfare necessitates immediate action regarding this issue.  Notice of this emergency meeting was published in the Florida Administrative Register on May 8, 2020.  In addition, notice of the Board’s emergency meeting was posted on the Board’s official website.

SUMMARY:

The proposed emergency rule waives the twenty (20) hour limitation of non-interactive correspondence/distance learning continuing education hours for the 2018-2020 biennial licensure renewal period   and allows all licensees to comply with mandated continuing education requirements through courses taken in distance learning format.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Anthony Spivey, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, Anthony.Spivey@flhealth.gov.

PRINT PUBLISH DATE:

5/26/2020 Vol. 46/102

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=64B10ER20-27&PDate=5/26/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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