Notice of Development of Rulemaking

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO: RULE TITLE
69K-17.0035: Education Required for Operational Personnel and Non-Licensed Individuals.
PURPOSE AND EFFECT: The proposed amendment will implement the changes made by Chapter 2007-55, Laws of Florida, by including the Internet as one method by which the communicable disease education requirement of Section 497.162, F.S. can be fulfilled by operational personnel and nonlicensed individuals.
SUBJECT AREA TO BE ADDRESSED: Communicable disease education requirement for operational personnel and nonlicensed individuals.
SPECIFIC AUTHORITY: 497.103(1)(s), (5)(a), 497.162 FS.
LAW IMPLEMENTED: 497.162 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Tuesday, January 8, 2008, 2:00 p.m.
PLACE: Alexander Building, 2020 S.E. Capital Circle, Tallahassee, Florida
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 5 days before the workshop/meeting by contacting: Diana Marr (850)413-3039 or diana.marr@fldfs.com. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Diana Marr, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361, (850)413-3039

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69K-17.0035 Communicable Disease Education Required for Operational Personnel and Non-licensed Individuals.

(1) All unlicensed operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service, refrigeration facility, or centralized embalming facility, and all nonlicensed unlicensed persons who will be involved in the removal or transportation of human remains for a funeral establishment, direct disposal establishment, or cinerator facility shall must successfully complete one Board approved course approved by the Board on communicable diseases, within 10 days after the date they become operational personnel for any entity that is regulated by licensed/registered under Chapter 497, F.S. Additionally, all nonlicensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases. The course shall consist of two (2) hours which may include the use of approved video-cassette courses, or other types of audio, video, Internet, or home study alternative nonclassroom courses to fulfill the continuing education requirements. Each person shall complete and pass a post course test with 75% correct score, to be graded by the course provider. All persons shall maintain documentation showing as proof of meeting this communicable disease health and safety education requirement as a condition of employment with any establishment, facility or service regulated under Chapter 497, F.S.

(2) Courses approved for 2 or more hours pursuant to paragraph 69K-17.0042(3)(c), F.A.C., can be used to fulfill this 2 hour communicable disease educational requirement are also approved for this purpose. The Department's website (http://www.myfloridacfo.com) has a list of approved continuing education providers that offer courses that will satisfy this communicable disease educational requirement.

Specific Authority 497.103(1)(s), (5)(a), 497.162 FS. Law Implemented 497.162 FS. History–New 4-10-94, Amended 9-10-96, 11-20-96, 6-24-01, Formerly 61G8-17.0035, Amended________.