69K-17.0034: Continuing Education for License Renewal
PURPOSE AND EFFECT: To amend continuing education requirements for specified categories of licensees under chp. 497, F.S. This rulemaking will amend existing rule 69K-17.0034, to implement certain mandatory rulemaking requirements under s. 27 of Chapter 2010-125, Laws of Florida (Section 497.603, F.S.).
SUMMARY: The rule amendment relates to continuing education for funeral directors, embalmers, and direct disposers. The changes being made in this rule amendment, as compared to the existing rule, are summarized as follows: a) the amendment eliminates the cap on continuing education credit for attending Board meetings; b) The amendment reduces the regulatory burden on funeral director and embalmer licensees in that the communicable disease course that is required for license renewal may be included in the 12 hours of continuing education required for renewal, instead of being in addition to the 12 hours. It is important to note that the requirement for continuing education by these licensees has been in Chapter 497, F.S. (2010) for many years. This rule does not impose new or increased continuing education requirements, and in fact makes it easier for the licensees to meet the continuing education requirement.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will have an impact on small business. An SERC has been prepared by the agency.
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: 497.103(1)(q), (5)(a), 497.147, 497.378, 497.603 FS.
LAW IMPLEMENTED: 497.103(1)(q), 497.147, 497.378, 497.603 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: May 18, 2011, 8:30 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, 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 48 hours before the workshop/meeting by contacting: Douglas Shropshire, Executive Director, (850)413-4984. 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: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, (850)413-4984; shropshired@MyFloridaCFO.com. Direct any request for a hearing to Mr. Shropshire
THE FULL TEXT OF THE PROPOSED RULE IS:
(Substantial rewording of Rule 69K-17.0034, F.A.C. See Florida Administrative Code for present text.)
69K-17.0034 Continuing Education for License Renewal.
(1) A “continuing education reporting period” shall be the 24 months immediately preceding the scheduled license renewal date, for funeral director, embalmer, combination funeral director and embalmer, and direct disposer licensees.
(2) No funeral director, embalmer, combination funeral director and embalmer, or direct disposer license shall be renewed unless the licensee has, during the 24 months preceding the renewal date, completed the following number of hours of continuing education:
(a) Each funeral director, embalmer, and combination funeral director and embalmer, shall in each continuing education reporting period complete twelve (12) hours of continuing education, at least one hour of which shall be in a course approved for continuing education credit in the communicable disease category.
(b) Each direct disposer shall in each continuing education reporting period complete six (6) hours of continuing education, at least one hour of which shall be in a course approved for continuing education credit in the communicable disease category.
(3) Credit for continuing education courses completed will only be given if the course and course provider both held were currently approved by the Board as of when the course was completed. Credit shall only be given for the number of hours the course was approved for by the Board as of when the course was completed. No additional credit shall be given for completing the same course a second or subsequent time in the same continuing education reporting period. Continuing education credit may not be carried forward from prior continuing education reporting periods. No continuing education credit shall be provided to Board members or others, for participation in teleconference meetings of the Board or its committees. No continuing education credit shall be awarded for attendance at any meeting that was not duly noticed by the Division, as a public meeting, in the Florida Administrative Weekly. The hours of continuing education credit to be awarded in regard to any particular Board or Board committee meeting, shall be rounded down to the nearest whole hour by the Division staff.
(4) Persons holding more than one license that is subject to a continuing education requirement, shall only be required to satisfy the continuing education requirement for the one license with the highest continuing education hours requirement.
(5) Persons initially licensed with half or less of the renewal period of a biennium remaining shall be required only to pass an approved course on communicable diseases as a condition for initial renewal.
(6) CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT BOARD MEETINGS.
(a) Subject to the requirements of this rule section, chapter 497 licensees shall be given continuing education credit on an hour for hour basis, rounded down to the nearest whole hour, for attendance at in-person public meetings of the Board of Funeral, Cemetery, and Consumer Services, or for attendance at public meetings of any committee of the Board. Provided, attendance at meetings of the Board or its committees may not be substituted for the one hour communicable disease course. No continuing education credit shall be given for attendance at a Board meeting as a subject of investigation or disciplinary action.
(b) Board and Board Committee Members.
1. Board and Board committee members who attend a Board meeting or Board committee meeting shall be awarded continuing education credit for the actual length of the meeting, rounded down to the nearest whole hour. Board and Board committee members are not required to sign in or out at Board or Board committee meetings.
(c) Meeting Attendance By Other Persons.
1. This subsection applies to Chapter 497 licensees who are not Board members or Board committee members, but seek continuing education credit for attendance at a Board or Board committee meeting.
2. The office of the Board’s executive director shall place a meeting attendance list on a table at the inside rear of the Board or committee meeting room.
3. Any licensee under this subsection who desires continuing education credit for attendance at the meeting, shall in person sign-in on the attendance list when they arrive at the meeting, and shall sign out when they leave the meeting, even if they leave the meeting at or after adjournment. Signing in shall require legibly printing on the attendance list the licensee’s name, license number, time arrived, and signing the attendance list. Signing-out on the attendance list shall require that the licensee shall in person enter on the attendance list, on the same line they signed in on, the time they leave the meeting room. No continuing education credit shall be given to any person as to whom any entries required to sign in or sign out are missing or not legible.
6. Continuing education credit shall be given for the lesser of the time in attendance as shown on the attendance list, or the length of the meeting. Credit shall be rounded downward by the Division office to the nearest whole hour.
Rulemaking Specific Authority 497.103(1)(q), (5)(a), 497.147, 497.367, 497.378, 497.603 FS. Law Implemented 497.103(1)(q), 497.147, 497.367, 497.378, 497.603 FS. History–New 4-10-94, Amended 3-14-95, 7-25-95, 9-25-95, 9-25-97, 11-11-99, 11-20-00, 6-24-01, 11-29-01, 4-27-03, Formerly 61G8-17.0034, Amended 7-3-06,________.