64B13-3.006 - To require that the notification that a licensee is not a certified optometrist be in easily readable type size. 64B13-3.007 - To clarify that visual screens for research purposes do not require the minimum procedures set forth in the ...

DEPARTMENT OF HEALTH
Board of Optometry

RULE NO: RULE TITLE
64B13-3.006: Licenses and Signs in Office
64B13-3.007: Minimum Procedures for Vision Analysis
64B13-3.009: False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure
64B13-3.012: Prescriptions
PURPOSE AND EFFECT: 64B13-3.006 - To require that the notification that a licensee is not a certified optometrist be in easily readable type size.
64B13-3.007 - To clarify that visual screens for research purposes do not require the minimum procedures set forth in the rule if the patient gives informed consent.
64B13-3.009 - To establish type size in advertisements for free or discounted services.
64B13-3.012 - To add additional information required on prescriptions.
SUMMARY: 64B13-3.006 - It is required that the notification that a licensee is not a certified optometrist be in easily readable type size.
64B13-3.007 - It is clarified that visual screens for research purposes do not require the minimum procedures set forth in the rule if the patient gives informed consent.
64B13-3.009 - Type size in advertisements for free or discounted services is established.
64B13-3.012 - Additional information required on prescriptions is added.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 463.005 FS.
LAW IMPLEMENTED: 456.072(1)(a), 456.072(m) FS., 463.002(3) FS. 463.005 FS. 463.011 FS. 463.012 FS. 463.0135 FS. 463.014 FS. 463.016(1)(f)(g), 463.016(k) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B13-3.006 Licenses and Signs in Office.

(1) No change.

(2) A licensed practitioner who is not a certified optometrist shall display at every location at which he practices optometry a sign in Times New Roman 40 point font size or Courier New 44 point font size, or equivalent size which states: “I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe topical ocular pharmaceutical agents.”

Specific Authority 463.005(1) FS. Law Implemented 463.002(3) FS., 463.011 FS. History–New 11-13-79, Amended 3-13-81, 6-29-82, Formerly 21Q-3.06, Amended 12-16-86, 2-13-90, Formerly 21Q-3.006, 61F8-3.006, 59V-3.006,________.

 

64B13-3.007 Minimum Procedures for Vision Analysis.

(1) to (6) No change.

(6)(a) through (6)(c) No change.

(d) Drug therapy and contact lenses research.

(7) No change.

Specific Authority 463.005(1) FS. Law Implemented 463.005(1) FS., 463.0135 FS., 463.016(1)(g), (k) FS. History–New 11-13-79, Amended 4-17-80, 7-29-85, Formerly 21Q-3.07, Amended 7-18-90, Formerly 21Q-3.007, 61F8-3.007, 59V-3.007, Amended 4-3-00, 4-5-04,________.

 

64B13-3.009 False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure.

(1) through (7) No change.

(8) Any advertisement for free or discounted services must contain the disclaimer required by Section 456.062, F.S. in Times New Roman 40 point font or Courier New 44 point font, or an equivalent size type.

Specific Authority 463.005 FS. Law Implemented 456.072(1)(a), (m) FS., 463.014 FS., 463.016(1)(f), (g) FS. History–New 11-13-79, Amended 4-17-80, 8-20-81, Formerly 21Q-3.09, Amended 1-8-86, 12-16-86, Formerly 21Q-3.009, 61F8-3.009, 59V-3.009, Amended 1-2-02,________.

 

64B13-3.012 Preions.

(1) through (3) No change.

(4) Spectacle and contact lens preions shall include are defined as follows:

(a) Spectacle preions:

1. through 3. No change.

4. Prism amount, if necessary,.

5. Multifocal add power, if necessary,

6. Any other information necessary to accomplish the objective of the preion.

(b) Contact lens preions, including preions for cosmetic, non-corrective lenses, as applicable:

1. through 3. No change.

4. Range of Sspecific contact lens type/brand,

5. Range of Bbase curve, if not included in type/brand,

6. Range of Ddiameter, if not included in type/brand,

7. No change.

(5) No change.

Specific Authority 463.005 FS. Law Implemented 463.005 FS., 463.012 FS., 463.0135 FS., 463.016(1)(k) FS. History–New 4-10-84, Formerly 21Q-3.12, Amended 3-4-86, 8-30-87, Formerly 21Q-3.012, 61F8-3.012, Amended 2-5-96, Formerly 59V-3.012, Amended 1-2-02,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Optometry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 7/20/2005
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 19, 2005