that on June 5, 2017, a Notice of Intent to Deny was filed on the Petition for Waiver or Variance. The Petition was filed by Yaitza E. Matos-Cruz, OD, on February 8, 2017. The Notice was published in Volume 43, No. 28, of the Florida ...

 

DEPARTMENT OF HEALTH

Board of Optometry

The Board of Optometry hereby gives notice that on June 5, 2017, a Notice of Intent to Deny was filed on the Petition for Waiver or Variance. The Petition was filed by Yaitza E. Matos-Cruz, OD, on February 8, 2017. The Notice was published on February 10, 2017 in Volume 43, No. 28 of the Florida Administrative Register,. Petitioner filed a revised petition on March 17, 2017. The Notice was published in Vol. 43, No. 54, of the Florida Administrative Register, on March 20, 2017. The Petitioner sought a variance and waiver from Rule 64B13-4.001, F.A.C., with regard to waiver of the seven (7) year provision and the requirement that applicants pass all four (4) parts of the examination, contained in paragraph (2). Petitioner also seeks a waiver of the requirement in paragraph (1)(b) that applicants for Florida licensure must have obtained a passing score on the Treatment and Management of Ocular Disease (TMOD) section of Part II of the examination. The Board, at its meeting held on May 19, 2017, voted to deny the Petition for Waiver or Variance finding that the Petitioner failed to demonstrate how she has met the purpose of the underlying statute by other means. In addition, the Board determined that Petitioner failed to demonstrate how application of the rule provisions at issue to Petitioner would violate the principles of fairness or constitute an undue hardship on Petitioner.

A copy of the Order or additional information may be obtained by contacting Dr. Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3255, telephone: [phone], or by email, [e-mail].