(a) CONTINUING
EDUCATION PROVIDER DENIAL AND APPEAL PROCESS: If an application is denied under
this section, the applicant shall be notified in writing of the reason(s) for
the denial. The applicant may request an informal hearing with the Executive
Officer regarding the reasons stated in the denial notification. The appeal
must be filed within 30 days of the date of the denial notification.
The Executive Officer shall schedule the informal hearing
within 30 days of receipt of the appeal request. Within 10 days following the
informal hearing, the Executive Officer shall provide written notification of
his or her decision to the denied applicant. If the Executive Officer upholds a
denial under this section, the applicant may, within 30 days of the date of the
Executive Officer's denial notification, request a hearing before the board to
appeal the denial. The Executive Officer shall schedule the requested hearing
at a future board meeting but not later than 180 days following receipt of the
request. Within 10 days of the hearing before the board, the Executive Officer
shall provide written notification of the board's decision to the applicant.
The board's decision shall be the final order in the matter.
(b) As used in this section, a provider is an
individual, partnership, corporation, professional association, college or any
other entity approved by the board to offer board approved continuing education
courses to licensees to meet the annual continuing education requirements set
forth in Section
361 of these
regulations.
(c)
(1) To apply to become an approved provider,
an applicant shall complete and submit a "Continuing Education Provider
Application" form (Revision date 02/10) which is hereby incorporated by
reference, and pay the fee specified in Section
360(a).
Applications for approval shall be submitted to the board office at least 30
days prior to a scheduled board meeting. Providers with applications that are
incomplete will be notified of the deficiencies in writing within three (3)
weeks from the date of receipt. Complete applications will be reviewed at the
scheduled board meeting and notification of the board's decision will be
provided in writing within two (2) weeks following the board meeting.
(2) The approval of the provider shall expire
two (2) years after it is issued by the board and may be renewed upon the
filing of the "Continuing Education Provider Application" form (Revision date
02/10) and fee specified in Section
360(b).
(3) Providers who were approved by the board
prior to the effective date of this regulation shall renew their provider
status two years from June 8, 2011 by filing of the "Continuing Education
Provider Application" form (Revision date 02/10) and fee specified in Section
360(b).
(4) The board will not process incomplete
applications nor applications that do not include the correct application
fee.
(d) Providers shall:
(1) Identify an individual responsible for
overseeing all continuing education activities of the provider.
(2) Provide a course roster to the board,
within 30 days, upon written request. Course rosters shall include the names of
all licensees, license numbers, and e-mail addresses if available. Failure to
submit the roster upon written request within thirty (30) days may result in
the withdrawal or denial of previous course approval and withdrawal of provider
status. Providers shall maintain the course roster for four (4) years from the
date of completion of the course.
(3) Maintain course instructor curriculum
vitae or resumes for four (4) years.
(4) Disclose to prospective participants the
names of the individuals or organizations, if any, who have underwritten or
subsidized the course. Providers may not advertise, market, or display
materials or items for sale inside the room while the actual instruction is
taking place. Nothing in this section shall be interpreted to prohibit a
provider from mentioning a specific product or service solely for educational
purposes.
(5) Inform the board in
writing immediately of any change to the date, time or location of the
course.
(6) Provide a certificate
of completion to licensees within 30 days following completion of the
continuing education course. Providers shall retain records of course
completion for four (4) years from the date of completion and provide records
of completion to the Board within thirty (30) days, upon written request. The
certificate shall include the following information:
(A) Name and address of provider.
(B) Course title.
(C) Course approval number.
(D) Date(s) and location of course.
(E) Licensee name.
(F) License number.
(G) Printed name and signature of the
provider's designated representative.
(H) Number of hours the licensee earned in
continuing education, including the type of mandatory hours, and whether the
hours were obtained in classroom instruction or distance
learning.
(e)
The Executive Officer, after notification, may withdraw approval of any
continuing education provider for good cause, including, but not limited to,
violations of any provision of the regulation or falsification of information,
and shall provide written notification of such action to the provider. The
provider may request an informal hearing with the Executive Officer regarding
the reasons for withdrawal of approval stated in the Executive Officer's
notification. The appeal must be filed within 30 days of the date of the
notification. The Executive Officer shall schedule the informal hearing within
30 days of receipt of the appeal request. Within 10 days following the informal
hearing, the Executive Officer shall provide written notification of his or her
decision to the provider. If the Executive Officer upholds his or her decision
under this subsection, the provider may, within 30 days of the date of the
Executive Officer's notification, request a hearing before the board to appeal
the Executive Officer's decision. The Executive Officer shall schedule the
requested hearing at a future board meeting but not later than 180 days
following receipt of the request. Within 10 days of the hearing before the
board, the Executive Officer shall provide written notification of the board's
decision to the provider. The board's decision shall be the final order in the
matter.
