23905861, 64B13ER20-40 - Florida Administrative Rules, Law, Code, Register

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Notice: 23905861

Notice of Emergency Rule

Department:

DEPARTMENT OF HEALTH

Division:

Board of Optometry

Overview

RULE:

64B13ER20-40

Satisfaction of Continuing Education and Meeting Attendance Requirements Through Online or Virtual Live Technology.

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

The Florida Board of Optometry (“Board”) is statutorily mandated to require up to thirty (30) hours of Continuing Education (“CE”) for Optometrists as a prerequisite to biennial licensure renewal for licensees.  
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 regarding the spread of the Novel 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 disease 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 October 12, 2020, there are over 736,000 confirmed cases of COVID-19 disease in the State of Florida. The Center for Disease Control (“CDC”) recommends mitigation measures to combat the spread of COVID-19 disease such as “social distancing,” wearing masks in public, 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 travel and to avoid in-person gatherings.  Even though mitigation measures have been successful in “slowing the spread,” the risk of public infection remains high.
Since the issuance of the Executive Orders and declaration of a public health emergency by the Governor and the State Health Officer, the Board has determined that certain online technologies, including video streaming/videoconferencing, can provide a level of quality which, due to the ongoing public health emergency, could be used as a temporary alternative method of delivery of CE courses and virtual meeting participation, and which would satisfy the purpose and intent of the statute and promulgated rules, without exposure to the dangers of being in large groups of people, necessity of travel itself, potential contribution to the spread of the virus, and most importantly, would ensure compliance with the State Health Officer’s Orders and CDC Recommendations.  
Florida’s Optometrists, and those who come in contact with them, should not be unnecessarily put at risk during this healthcare emergency. Accordingly, the Board, by emergency rule, will authorize licensees to satisfy CE and meeting attendance requirements through live in-person or virtual-live interactive synchronous online format which will begin on December 1, 2020 and end on February 28, 2021. The Board finds that this action is a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 disease to Floridians, and those licensees who reside outside of the state of Florida who would have to travel to and from Florida, including Optometrists and those that come in contact with them, while still satisfying the purpose and intent of the waived requirements.

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

Given the ongoing declared emergency related to the COVID-19 pandemic, and the guidance from the CDC; that optometrists are required to attend in-person continuing education courses and/or live meeting attendance to fulfill 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 meeting was published in the Florida Administrative Register in Volume 46, No. 203 on October 16, 2020. In addition, notice of the meeting was posted on the Board’s official website.

SUMMARY:

The emergency rule authorizes licensees to obtain all required continuing education hours by live in-person or virtual-live interactive synchronous online formats.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Anthony B. Spivey, Dr.BA, Executive Director, Florida Board of Optometry, Anthony.Spivey@flhealth.gov, 850.245.4355.

PRINT PUBLISH DATE:

11/19/2020 Vol. 46/226

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=64B13ER20-40&PDate=11/19/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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