The Board proposes the rule amendment to clarify the existing language that all licensees may take the 2 hour Controlled Substance Prescribing course as part of their CE requirements for the biennium.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-5.001Hours Requirement

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the existing language that all licensees may take the 2 hour Controlled Substance Prescribing course as part of their CE requirements for the biennium.

SUMMARY: To clarify the existing language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: : During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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

RULEMAKING AUTHORITY: 456.013, 456.013(7), 463.005(1), 463.007 FS.

LAW IMPLEMENTED: 456.013(7), 463.007, 463.007(4) FS.

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

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-5.001 Hours Requirement.

(1) through (7) No change.

(8) As required by section 456.0301(1)(a), F.S., as part of the thirty (30) clock hours, all certified optometrists registered with the United States Drug Enforcement Administration (DEA) shall, and all Licensed Practitioners may, complete a board approved two (2) hour course on prescribing controlled substances.  All such certified optometrists registered with the DEA must complete the course no later than January 31, 2019, and during each subsequent licensure renewal biennium.  For all licensees, tThe course may be completed in either a live or online/distance learning format.

Rulemaking Authority 456.013(7), 456.0301(2), 463.005(1), 463.007 FS. Law Implemented 456.013(7), 456.0301(1), 463.007 FS. History–New 11-13-79, Amended 5-28-80, 9-16-80, 1-13-81, 2-14-82, Formerly 21Q-5.01, Amended 12-16-86, 12-11-88, 4-19-89, 12-20-89, 9-22-92, 10-28-92, Formerly 21Q-5.001, Amended 8-31-93, Formerly 61F8-5.001, Amended 11-29-94, 7-5-95, 8-18-96, Formerly 59V-5.001, Amended 3-21-00, 10-2-01, 1-8-02, 5-8-02, 3-20-03, 12-25-06, 1-11-14, 4-10-14, 10-2-18,           .

 

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: September 28, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 12, 2018