Designation of Administrative Violations; Major; Minor  

  •  

    DEPARTMENT OF HEALTH

    Board of Optometry

    RULE NO.:RULE TITLE:

    64B13-15.005Designation of Administrative Violations; Major; Minor

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 181, September 17, 2013 issue of the Florida Administrative Register.

    The change is in response to comments submitted by the Joint Administrative Procedures Committee in a letter dated September 20, 2013. The changes are as follows:

     

    Rule 64B13-15.005 will read as:

     

    64B13-15.005 Designation of Administrative Violations; Major; Minor.

    (1) Violations of the following statutory and rule provisions are considered to be Minor Administrative Violations:

    (a) through (d) No change.

    (e) Subsection 463.0135(11), F.S. entitled "Standards of Practice," if the violation is of a technical nature not related to patient care.

    (f)(e) No change.

    (g)  For the first violation of subsection 463.0141, F.S., entitled "Reports of adverse incidents in the practice of optometry."

    (h)(f) Subsections (3)(4) and (5) of Section 499.028, F.S., entitled “Drug samples or complimentary drugs; starter packs; permits to distribute” or subsection 465.276(5), F.S., entitled “Dispensing Practitioner,” if the violation is of a technical nature not related to patient care.

    (i)(g) No change.

    (j)(h) No change.

    (k)(i) No change.

    (l)(j) No change.

    (m)(k) No change.

    (2) Violations of the following statutory and rule provisions are considered to be Major Administrative Violations:

    (a) No change.

    (b) Subsections 463.0055(2)(a), (b) and (c), F.S., entitled “Administration and prescription of topical ocular pharmaceutical agents; committee.”

    (b)(c) No change.

    (c)(d) Subsection 463.0135(11), F.S. entitled "Standards of Practice," if the violation is substantially likely to affect patient care.

    (d)(e) No change.

    (e)(f) For a second or subsequent violation of subsection 463.0141, F.S., entitled "Reports of adverse incidents in the practice of optometry."

    (f)(g) No change.

    (g)(h) No change.

    (h)(i) Subsections 499.028(3)(4) and (5), F.S., entitled “Drug samples or complimentary drugs; starter packs; permits to distribute” if the violation is substantially likely to affect patient care.

    (i)(j)  No change.

    (j)(k) No change.

    (k)(l)  No change.

    (l)(m) No change.

    (m)(n) No change.

    (n)(o) No change.

    (3) No change.

    Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 463.005, 463.016 FS. History–New 2-24-87, Formerly 21Q-15.005, 61F8-15.005, Amended 8-18-96, Formerly 59V-15.005, Amended 5-1-02, 7-6-10, 2-1-12,__________.

     

    The person to be contacted regarding the above change is: Anthony Jusevitch, Acting Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3257