The Board proposes the rule amendment to establish security and monitoring procedures for licensure exam.

 

DEPARTMENT OF HEALTH
Board of Optometry

RULE NO.: RULE TITLE:
64B13-4.006: Security and Monitoring Procedures for Licensure Examination

PURPOSE AND EFFECT: The Board proposes the rule amendment to establish security and monitoring procedures for licensure exam.

SUMMARY: The proposed changes will set standards for electronic notification of change of address.

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(1)(d) FS.
LAW IMPLEMENTED: 456.017(1)(d) 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:

(Substantial rewording or Rule 64B13-4.006 follows. See Florida Administrative Code for present text.)

64B13-4.006 Security and Monitoring Procedures for Licensure Examination.

(1) The licensure examination specified in Rule 64B13-4.001, F.A.C., shall be administered in compliance with the security and monitoring procedures set forth by the Board in this rule.

(2) The test site(s) used for administration of the licensure examination shall be approved by the Board no later than ninety (90) days prior to administration of the licensure examination.

(3) The examination supervisor(s) and examination proctors are responsible for maintaining a secure and proper examination administration. The examination supervisor(s) and the qualifications to be possessed by individuals wishing to serve as a examination proctor must be approved by the Board no later than ninety (90) days prior to administration of the licensure examination.

(4) An examinee will not be admitted to the examination site unless the examinee presents a valid admission slip for the specific licensure examination and a government issued photo identification (e.g., valid driver’s license or passport). Provided, however, a government issued photo identification shall be acceptable in the absence of the admission slip only if the examinee’s name appears on the examination admission roster previously prepared for that specific examination.

(5) Examinees and/or their patients shall not be in possession of electronic devises including cellular telephones, personal digital assistants (pda), pagers, or cameras at the examination site.

(6) If the examinee arrives at the designated examination site after the designated starting time, the examinee shall not be permitted to take the examination. Provided, however, if the examination has not begun, the examination supervisor may permit the examinee to take the examination if there is no risk to the integrity or security of the examination.

(7) Any individual determined by the examination supervisor to have engaged in conduct which subverts or attempts to subvert the examination process shall be immediately removed from the examination site. Any conduct which subverts or attempts to subvert the examination process, or other irregularities, shall be immediately documented in writing by the examination supervisor. Following completion of the examination, the Board shall consider any such written documentation prepared by the examination supervisor(s) and shall determine if any further action is warranted. Examples of further action that may be taken include, but are not limited to, withholding or declaring invalid scores on the examination, disqualification from future licensure examinations, disqualification from the practice of optometry, and imposition of other appropriate sanction by the Board.

(8) For the purpose of this rule, 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 site any of the examination materials (e.g., examination questions, booklets, answer sheets, electronic files, and examination papers and materials); reproducing or reconstructing any portion of the licensure examination; aiding by any means in the reproduction or reconstruction of any portion of the licensure examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a prior, current, or future licensure examination.

(b) Conduct which violates the standard of test administration, such as disrupting the examination site, inappropriately communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any appliances, tools, books, 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 in the information provided to the examinee in advance of the examination by the Board, Department, or contracted vendor. In cases where the examinee is found to be in possession of items other than those distributed at the examination site or specifically listed as approved materials for the examination in the information provided to the examinee in advance of the examination by the Board, Department, or contracted vender, the minimum sanction shall be to declare the examinee’s scores on the examination to be invalid.

(c) Conduct which violates the credentialing process, such as falsifying information required for admission to the examination; impersonating an examinee; or having an impersonator take the licensure examination on one’s behalf.

(9) To avoid compromising the integrity of the examination question bank and thereby risking the validity of the licensure examination,

(a) Questions/case presentations used on the licensure examination, including the format of questions/case presentations, shall be regularly written, updated and/or modified by experts appointed by the board in conjunction with the department, and the same or similar question/case presentation shall not be repeated, when feasible, more than once every three (3) years;

(b) The written portion of the licensure examination shall be administered only for a one (1) day time period twice yearly at a location approved by the board; and

(c) The practical portion of the licensure examination shall be administered only for a two (2) day time period at a location approved by the board.

Rulemaking Specific Authority 456.017(1)(d) FS. Law Implemented 456.017(1)(d) FS. History–New 6-6-82, Formerly 21Q-4.06, 21Q-4.006, 61F8-4.006, 59V-4.006, Amended________.

 

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