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Third Notice FCA Position on Online CEs
By the FCA   
Tuesday, 07 June 2016
Unfortunately, the FCA has to yet again post its position with regard to on-line CEs, as false information continues to be spread by some sellers of online CEs.  Even more regrettable, some are threatening litigation, further complicating responsible dialogue on the subject. Let’s review the rumors/myths vs. the true facts:
MYTH:  The FCA has participated in a “scandal” to prevent online CEs.
FACT:   The FCA is not against on-line CEs.  In fact, the FCA has already begun the process for incorporating on-line CEs into its already extensive array of continuing education offerings.
MYTH:  The Board of Chiropractic Medicine (BOCM) has the authority to change Florida Statutes regarding continuing education.
FACT:  The BOCM does not have authority to change already existing state law regarding continuing education that requires “contact classroom” hours. Only the Legislature can change a statute.
MYTH: The BOCM may by rule define what a "contact classroom hour" means.
FACT:  The assistant attorney representing the board is of the "belief" that the board may interpret that phrase. However, under Florida Statute §120.52(8) a state agency may not adopt rules to change or have the effect of changing the meaning of a statute. The Legislature's Joint Administrative Procedures Committee reviews all agency proposed rules and objects to those that exceed statutory authority by modifying the meaning of a statute. The FCA legal staff is of the opinion that the BOCM is without specific statutory authority to interpret the term "contact classroom hours."

MYTH:  The Dentistry licensing statute had “contact” hours in it, that were interpreted as online hours.
FACT:  “Contact” hours are NOT part of the current definition in state law for continuing education requirements for dentists.
MYTH:  An assistant attorney general’s “opinion” at a BOCM meeting makes new law.
FACT:  This is simply not true.  There is a process that needs to be followed in order to allow online CEs in the State of Florida.  If that procedure is not followed, a resulting unlawful rule would have to be repealed, and the process would have to start over, thus, delaying the desired outcome.
MYTH:  Neither the FCA nor the BOCM is doing anything to assist with getting online CEs in place.
FACT:  Both entities are acting independently to move this issue forward so that the statute is changed within the parameters of the law, to make certain that those who take online CEs in the future actually get credit for those online CEs as being lawful under Florida Statutes.