23058275, 64B18ER20-19 - Florida Administrative Rules, Law, Code, Register

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Notice: 23058275

Notice of Emergency Rule

Department:

DEPARTMENT OF HEALTH

Division:

Board of Podiatric Medicine

Overview

RULE:

64B18ER20-19

Continuing Education Required for License Renewal.

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

The Board of Podiatric Medicine (hereinafter the “Board”) is statutorily mandated to adopt rules establishing a procedure for the biennial renewal of licenses. The Board is also 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. 
Pursuant to Rule 64B18-17.001(2), Florida Administrative Code, all licensees who seek to renew the active status of their licensure must demonstrate that they have completed, during the previous two years, at least forty (40) hours of continuing education. Pursuant to Rule 64B18-17.001(4), F.A.C., a licensed podiatric physician may receive only up to 8 hours credit for home study continuing education programs taken during the biennium. The biennium for licensure renewal for all of Florida’s licensed podiatric physicians ends on March 31, 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. Currently, there are 19 positive 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, and staying home when a household member is sick with respiratory disease symptoms. 
Westside Regional Medical Center was scheduled to provide a Podiatric Symposium (“Symposium”) on Saturday March 7, 2020, in Broward County, Florida. 52 of Florida’s licensed podiatric physicians were scheduled to attend the Symposium. The Symposium was pre-approved for 5 hours of continuing education credits for podiatric physicians. However, on March 6, 2020, the organizer of the Symposium advised all scheduled attendees that the symposium was being cancelled due to the threat of COVID-19. Specifically, the organizers were concerned with the potential transmission of COVID-19 associated with compiling large groups of health care workers in a confined space for nonessential medical work. 
Upon notification of the cancelled Symposium several licensed podiatric physicians contacted the Board office with concerns about not being able to renew their license absent the hours they had anticipated receiving from the Symposium. Further, given the March 31, 2020 deadline for licensure renewal the licensees were unable to locate an appropriate non home study course prior to the deadline.
Accordingly, the Board, by emergency rule, determines a temporary waiver of the restriction regarding the number of hours of home study continuing education credits that can be counted toward the biennial licensure renewal of podiatric physicians is appropriate. The Board finds that these actions are a measured regulatory approach that helps to protect the patients of podiatric physicians and the physicians themselves from exposure to COVID-19.

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

Healthcare providers such as podiatric physicians have an increased likelihood of being exposed to COVID-19 due to the number of patients they come in close contact with during a given day. Considering the spread of COVID-19, forcing large numbers of healthcare workers into a confined space for the purpose of performing nonessential medical work unnecessarily increases the chances of exposure of the medical providers and their future patients to COVID-19. Further, allowing podiatric physicians to complete the remaining continuing education requirements through home study is in line with the intent of the continuing education requirement as outlined in Rule 64B18-17.001(1), F.A.C.

SUMMARY:

The proposed emergency rule waives the restriction on the number of home study continuing education hours that a podiatric physician may count towards licensure renewal.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Janet E. Hartman, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C-08, Tallahassee, Florida 32399-1708.

PRINT PUBLISH DATE:

3/19/2020 Vol. 46/55

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=64B18ER20-19&PDate=3/19/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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