The Board proposes the rule amendment to take into account the varying scheduling of the annual clinical exam so re-exam applicants are not barred because the first exam taken was scheduled several weeks earlier than the retake exam.

 

DEPARTMENT OF HEALTH
Board of Optometry

RULE NO.: RULE TITLE:
64B13-4.002: Reexamination

PURPOSE AND EFFECT: The Board proposes the rule amendment to take into account the varying scheduling of the annual clinical exam so re-exam applicants are not barred because the first exam taken was scheduled several weeks earlier than the retake exam.

SUMMARY: The proposed changes will take into account the varying scheduling of the annual clinical exam so re-exam applicants are not barred because the first exam taken was scheduled several weeks earlier than the retake exam.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.017(2), 463.005 FS.
LAW IMPLEMENTED: 456.017(2) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bruce Deterding, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B13-4.002 Reexamination.

An applicant who fails Part I or Part II of the state examination for licensure shall be required to retake only that portion of the examination on which he or she failed to achieve a passing grade, provided that the applicant shall be limited to two (2) retakes within a twenty-eight (28) month two (2) year period from the date of original failure. The Board may grant an extension of time of one additional year to allow a second retake based on medical disability substantiated by documentation from the applicant’s physician. If the applicant fails to achieve a passing grade as provided above, he or she shall be required to take the complete state examination for licensure and certification examination in order to be entitled to be licensed.

Rulemaking Specific Authority 456.017(2), 463.005 FS. Law Implemented 456.017(2) FS. History–New 11-13-79, Amended 10-3-82, 4-7-85, 7-9-85, Formerly 21Q-4.02, Amended 11-20-86, 4-20-93, Formerly 21Q-4.002, 61F8-4.002, Amended 11-21-94, Formerly 59V-4.002, Amended 7-15-02,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Optometry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011