61-11.007. Conduct at Test Site, and Notice of Protection Privileges by and to the Department

(1) The examination supervisor, proctors, and computer-based testing (CBT)-contracted vendor are the Department’s designated agents in maintaining a secure and proper examination administration.

(2) The department and its designated agents shall use any technology reasonably necessary to protect the integrity and security of any licensure examination. To safeguard and maintain the validity, reliability, integrity, security, and confidentiality of the examination items, as set forth in Sections 119.07(6), 119.071(1)(a), 455.217(1)(e), (5), 455.229(1), (2), F.S., Rules 51-11.006 and 61-11.017, F.A.C., candidates must wait a twenty-four (24)- hour grace period after the release date on the original failed grade notification to reschedule on-line or through any contact with a representative of the Department or CBT-contracted vendor to reschedule for any failed examination.

(3) Any individual found by the Department or any board within the Department to have engaged in conduct which subverts or attempts to subvert the examination process will be subject to confiscation of any written, photographic, or recording materials or devices in the possession of the applicant at the examination site, will have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of other appropriate sanctions by the Department or, if administered by a board within the Department, by the applicable board. Any individual under investigation for an alleged violation of Section 455.2175, F.S., shall be prohibited from taking another exam until the criminal investigation determines if a violation occurred. If the investigation reveals that a violation did occur, the individual is prohibited from taking another exam for licensure with the Department.

(4) Conduct which subverts or attempts to subvert the examination process includes:

(a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensing examination.

(b) Conduct which violates the standard of test administration, such as communicating with any other applicant during the administration of the examination; copying answers from another applicant or permitting one’s answers to be copied by another applicant during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the applicant in advance of the examination date by the Department and/or the national supplier of the examination.

(c) Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the examination; impersonating an applicant or having an impersonator take the licensing examination on one’s own behalf.

(5) Any violation of the conduct rules or other irregularities will be documented in writing by the Department’s agent(s) and the documentation of the violation or irregularity will be presented to the appropriate regulatory board or departmental unit for consideration and action. The Department’s agent(s) shall exercise extreme care in their documentation to ensure that the violation or irregularities are precisely recorded as they were witnessed.

(6) The department or its designated agents shall take steps reasonably necessary to prevent or investigate any conduct which subverts or attempts to subvert the examination process.

Rulemaking Authority 455.203(5), 455-217(1)(e) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.07, Amended 6-22-88, Formerly 21-11.007, Amended 9-18-96, 2-25-01, 9-1-02, 8-6-12.