64E-28.006: Education Course Requirements
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the educational course requirements for tattoo artists as specified in section 381.00775, F.S., which passed during the 2010 Legislative Session.
SUMMARY: This rule addresses the requirements for educational course approval and curriculum content.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a)1.2. and 3., F.S.
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.
RULEMAKING AUTHORITY: 381.006, FS, 381.00789 FS.
LAW IMPLEMENTED: 381.00775 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 23, 2012, 1:00 p.m.
PLACE: Division of Environmental Health, Capital Circle Office Complex, 4042 Bald Cypress Way, Room 225Q, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 72 hours before the workshop/meeting by contacting: Laura Wehunt, Bureau of Community Environmental Public Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1710. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gina Vallone-Hood, Environmental Manager, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1710
THE FULL TEXT OF THE PROPOSED RULE IS:
64E-28.006 Education Course Requirements.
(1) Effective January 1, 2012, all educational courses per subparagraph 381.00775(2)(b)4., F.S., shall be approved by the department. Any person seeking approval of an education course shall submit a request for determination of compliance with the requirements of this rule to the Department of Health, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, FL 32399. All requests for course approval shall be handled in accordance with Section 120.60, F.S. Requests for course approval shall include submission of the following documentation:
(a) A copy of the credentials of trainers and persons compiling the curriculum.
(b) A copy of the curriculum.
(c) Copies of training materials.
(d) A copy of the test to be given.
(e) A copy of the answers to the test questions.
(f) A copy of the certificate of training to be issued.
(2) The course shall meet the following criteria:
(a) Utilize a classroom-based or internet-based delivery method.
(b) Be specific to the tattoo industry.
(c) Be a minimum of three (3) hours in length, excluding the examination.
(d) Include an opportunity for interactive questions and answers with the person conducting the training.
(e) Include, at a minimum, education and training on blood-borne pathogens, such as human immunodeficiency virus and hepatitis A, B, and C, and communicable diseases, such as Staphylococcus aureus including methicillin-resistant Staphylococcus aureus, tuberculosis, impetigo, scabies, ringworm, molluscum contagiosum, herpes simplex, and herpes zoster, and the prevention of such transmission. This information shall include:
1. Identification of the disease;
2. Identification of the infectious agent;
3. Mode of transmission;
4. Incubation period;
5. Period of communicability; and
6. Prevention of transmission in a tattoo setting.
(f) Be followed by a written examination covering the materials in the course. The examination shall contain a minimum of fifty (50) questions with a passing score of at least seventy percent (70%).
(g) Ensure identity verification and validation for each student taking the internet or classroom course and test.
(3) In addition to that specified in paragraphs (2)(b)-(g) above, internet-based courses shall meet the following criteria:
(a) Each course section shall have a minimum time to finish that section before it is possible to move on to the next section.
(b) Identity verification and validation shall occur prior to the initiation of the internet course, using an identity verifying technology that seeks verification using credit bureau contacts. Following initial identity verification, validation shall occur at least every hour during the course and prior to completing the test.
(c) The course shall automatically terminate when a student fails to answer an identity validation question during a 60-second response time period or a student provides more than one incorrect answer to a validation question. Upon termination, a one-hour waiting period is required before the student is allowed to register again.
(d) At a minimum, the course provider shall include on the internet registration form, initial blocks in which the student indicates agreement with the following information:
1. That the student who registers for the course is the person taking the course.
2. That the student will be asked time-limited identity validation questions during the internet course. The validation questions will ask the student questions about themselves based on information provided by them and obtained through credit bureaus. Failure by a student to answer an identity validation question during a 60-second response time period or a student providing more than one incorrect answer to an identity validation question will cause the course to automatically terminate. Upon termination, a 1-hour waiting period is required before the student is allowed to register again.
(e) A student shall be prevented from proceeding with the internet course should they fail to indicate agreement with each stipulation listed in paragraph (d) above.
(f) A subject matter expert representing the course provider shall be available by telephone or via electronic means during normal business hours to assist students.
(4) In order to ensure that the requirements of this section are met, the department may annually register and take the course, as any interested student would. In order to allow such inspection, the course provider shall reimburse the department the cost of the course.
(5) The course provider shall notify the department in writing within 30 days of determining that a student has attempted or acquired certification by committing fraud, deceit, false statements, or perjury. When this is determined, the course provider shall revoke the certificate.
(6) Any reference to department approval shall state no more than: “This course is approved by the Florida Department of Health for tattoo artist licensure under Section 381.0775, Florida Statutes, and Chapter 64E-28, Florida Administrative Code.”
(7) Course approval is not transferrable from person to person.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00775 FS. History–New________.