To repeal various subparagraphs in rule 61-9.003(2) and (5), and repeals rules 61-9.011, .012, .013, .014, and .015, F.A.C.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.: RULE TITLE:

61-9.003     Examinations

61-9.011    Applicability

61-9.012     Definitions

61-9.013      Fees

61-9.014     Standards, Review Procedures and Methodology

61-9.015      Renewal

PURPOSE AND EFFECT: To repeal various subparagraphs in Rule 61-9.003(2) and (5), and repeals Rules 61-9.011, .012, .013, .014, and .015, F.A.C.

SUMMARY: The proposed rulemaking various subparagraphs in Rule 61-9.003(2) and (5), and repeals Rules 61-9.011, .012, .013, .014, and .015, F.A.C., as they apply to professions which the Department no longer regulates.

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:

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: 455.203(5), 455.218(1), 458.314(4), (5), (6), (7), 120.53, FS.

LAW IMPLEMENTED: 455.218(1), (2), (3), 458.314(4), (5), (6), (7), 120.53, 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: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-9.003 Examinations.

(1) No change.

(2) The examination for licensure pursuant to Chapter 86-90, Section 1, Laws of Florida, shall be the examination named or described as follows:

(a) through (b) No change.

(c) Dentistry. The examination to be licensed to practice Dentistry shall be the written practical examination prepared by the Department, or an examination equivalent to it, the laws and rules examination prepared by the Department, or an examination equivalent to it, and the Comprehensive Treatment Planning examination prepared by the North East Regional Board of Dental Examiners (NERB), or an examination equivalent to it, which shall include the following areas:

1. Diagnosis and Treatment Planning

2. Restorative

3. Endodontics

4. Periodontics

5. Orthodontics

6. Pediatric Dentistry

7. Prosthodontics (Fixed Complete and Removable)

8. Oral Surgery

9. Anesthesia

10. Prevention

11. Oral Medicine and Oral Pathology

12. Radiology

13. Infection Control

14. Dental Materials

15. Laws and Rules

(c)(d) Engineering. The examination for applicants to be licensed to practice Engineering shall be Part II of the Professional Engineer Examination described as Principles and Practice as prepared by the National Council of Engineering Examiners, or an examination equivalent to it. The examination will test the applicant's ability to apply acceptable engineering practice to problems which are representative of the applicant's discipline. The selection of disciplines will be made by the applicant at the time of application for examination. Applicants will be required to solve seven to ten problems drawn from a test pattern generally set forth as follows:

1. through 16. No change.

(e) Land Surveying. The examination for applicants to be licensed to practice Land Surveying shall be the Practice and Principles examination as prepared by the Department, or an examination equivalent to it. The examination will test the applicant's ability to apply acceptable land surveying practice to problems in the following areas:

1. Sectionalized Land

2. Metes and Bounds

3. Lot and Block

4. Water Boundary

5. Condominium

6. Right-of-Way

7. Topographic

8. Construction Layout

9. Legal Responsibilities and Records Research

10. Legal Description and Report Preparation

11. Record Plat Computations

(f) Medicine. The examination for applicants to be licensed to practice medicine shall be component 2 of the Federation Licensing Examination (FLEX) as provided by the Federation of State Medical Boards, or an examination equivalent to it.

(g) Nursing. The examination for applicants to be licensed to practice nursing as a Registered Nurse or Practical Nurse shall be the examination as prepared by the National Council of State Boards of Nursing, Inc., or an examination equivalent to it, which shall include the following subjects:

1. Registered Nurse.

Medical Nursing

Surgical Nursing

Obstetrical Nursing

Psychiatric Nursing

Nursing of Children

2. Practical Nurse.

Medical Nursing

Surgical Nursing

Obstetrical Nursing

Nursing of Children

(h) Optometry. The examination for applicants to be licensed to practice Optometry shall be the examination as prepared by the Department, or an examination equivalent to it, which shall include the following subjects:

1. Pharmacology/Ocular Disease (25 problems; 125 questions)

2. Florida Laws and Rules governing the Practice of Optometry (25 questions)

3. Knowledge of Technique for:

a. Internal Examination by Means of Binocular Indirect Ophthalmoscope (10 questions)

b. Biomecroscopy (Binocular) (10 questions)

c. Gonioscopy (10 questions)

d. Goldmann Tonometry (10 questions)

e. Hruby Lens and Fundus Lens (10 questions)

(i) Pharmacy. The examination to be licensed to practice Pharmacy shall be as follows:

1. Integrated NABP Examination, or an examination equivalent to it

a. Interpreting and Dispensing  Prescriptions/Medication Orders (25%)

b. Assessing Prescription/Medication Orders and the Drugs Used in Dispensing Them (10%)

c. Compounding and Calculation Involved in the Extemporaneous Preparation of  Prescriptions/Medication Orders (15%)

d. Monitoring Drug Therapy (25%)

e. Counseling Patients & Health Professionals (25%)

2. Florida Laws and Rules Section

(j) Podiatric Technician. The examination to be licensed to practice as a Podiatric Technician, whose scope of practice is defined by the Board of Podiatric Medicine, shall be the written practical examination prepared by the Department, or an examination equivalent to it, which shall consist of 200 questions and be graded as to each subject area as follows:

1. Written Practical Examination

a. History 8%

b. Vascular Examination 8%

c. Neurological Examination 8%

d. Musculo-Skeletal Examination 8%

e. Dermatological Examination 8%

f. Palpitation 5%

g. Laboratory 2%

h. Radiography and Photography 5%

i. Podiatric Management 13%

j. Podiatric Orthopedic's 8%

k. Surgical Management 8%

l. Physical Therapy 8%

m. First Aid 2%

n. Patient Advice & Counseling 2%

o. Anesthesia 5%

p. Practice Management 2%

2. Clinical Practical Examination (Reserved)

(k) Podiatry (Reserved), or an examination equivalent to it.

(d)(l) Veterinary Medicine. The examination for applicants to be licensed to practice veterinary medicine shall consist of two parts as follows:

1. through 2. No change.

(3) through (4) No change.

(5) The passing scores for the examinations administered pursuant to Chapter 86-90, Section 1, Laws of Florida, shall be as follows:

(a) through (b) No change.

(c) Dentistry. The passing score for the Dentistry examination shall be a combined scaled score of seventy-five (75) or greater on the Florida Written Practical and NERB examination, or an examination equivalent to it, and a scaled score of seventy (70) or greater on the Laws and Rules, or an examination equivalent to it. A score with .5 or greater will be rounded up to the nearest whole number. A score of less than .5 will be rounded down to the nearest whole number.

(c)(d) Engineers. The passing score for the Engineering examination shall be in accordance with Rule 61G15-21.004(2), F.A.C., Board of Engineers.

(e) Land Surveying. The passing score for the Land Surveying examination shall be 70% of the total possible points on the examination.

(f) Medicine. (75)

(g) Nursing. The passing score for the Registered Nurse examination and the Practical Nurse examination shall be in accordance with Rule 61F7-8.023(1) and (2), F.A.C., Board of Nursing.

(h) Optometry. (Reserved)

(i) Pharmacy. The passing score for the Pharmacy examination shall be in accordance with Rule 61F10-12.001(2)(a) and (b), F.A.C., Board of Pharmacy.

(j) Podiatric Technician. Candidates' scores will be converted to a scale of 0 to 100. The minimum passing score shall be set at 75 on that scale.

(k) Podiatry. (Reserved)

(d)(l) Veterinary Medicine. The passing score for Part one of the Veterinary Medicine examination shall be in accordance with Rule 61G18-11.002(6), Florida Administrative Code, Board of Veterinary Medicine. The passing score of Part two of the Veterinary Medicine examination shall be in accordance with Rule 61G18-11.002(7), Florida Administrative Code, Board of Veterinary Medicine.

 

Specific Authority 455.203(5), 455.218(1) FS. Law Implemented 455.218(1), (2), (3) FS. History–New 2-5-87, Amended 3-24-88, 3-30-89, 6-14-89, 1-28-92, 6-3-93, Formerly 21-15.003, Amended 3-15-94,                .

 

61-9.011  Applicability.

Rulemaking Authority 458.314(4),(5),(6) FS. Law Implemented 458.314(4),(5),(6) FS. History–New 8-19-87, Formerly 21-21.001,Repealed           .

 

61-9.012  Definitions

Rulemaking Authority 120.53, 458.314 FS. Law Implemented 120.53, 458.314 FS. History–New 8-19-87, Formerly 21-21.002,Repealed               .

 

61-9.013 Fees

Rulemaking Authority 458.314(6), (7) Law Implemented 458.314(6), (7) FS. History–New 8-19-87, Formerly 21-21.003,Repealed              .

 

61-9.014 Standards, Review Procedures, and Methodology

Rulemaking Authority 120.53(1)(a), FS. Law Implemented 120.53(1)(a), 458.314(4) FS. History–New 8-19-87, Formerly 21-21.004,Repealed              .

 

61-9.015 Renewal

Rulemaking Authority 458.314(5), (7),  FS. Law Implemented 458.314(5), (7), FS. History–New 8-19-87, Formerly 21-21.005, Repealed        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Matilde Miller, Interim Secretary of Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 05, 2017