The proposed rule amendments are intended to update the rule language regarding examination for licensure.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-9.001Examination for Licensure

PURPOSE AND EFFECT: The proposed rule amendments are intended to update the rule language regarding examination for licensure.

SUMMARY: To update the rule 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: 456.017(1), 484.005 FS.

LAW IMPLEMENTED: 456.017(1) 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: Janet Hartman, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-9.001 Examination for Licensure.

(1) Both the American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE) and National Commission of State Opticianry Regulatory Boards (NCSORB) examinations, each composed of two parts, are considered state board approved practical examinations for the purposes of this section.

(2) There shall be three parts to the examination for Florida lLicensure in opticianry:

(a) Aa national opticianry competency examination which shall consist of either the National Opticianry Competency Examination developed by the American Board of Opticianry (ABO) or the Basic Spectacles Examination developed by NCSORB;

(b) Aa national contact lens examination which shall consist of either Contact Lens Registry Examination developed by the National Contact Lens Examiners (NCLE) or the Basic Contact Lens Examination developed by NCSORB; and

(c) Aa state board approved practical examination.

(3) The national opticianry competency examination portion of the examination shall be the National Opticianry Competency Examination developed by the American Board of Opticianry. This portion of the licensure examination shall be completed through the American Board of Opticianry, and proof of successful completion shall be required prior to a candidate’s taking a state board approved examination.

(4) The national contact lens examination portion of the examination shall be the Contact Lens Registry Examination developed by the National Contact Lens Examiners. This portion of the licensure examination shall be completed through the National Contact Lens Examiners, and proof of successful completion shall be required prior to a candidate’s taking a state board approved examination.

(5) The criteria for determining the minimum score necessary for passing the National Opticianry Competency Examination and the Contact Lens Registry Examination and a state board approved practical examination, shall be developed through the collective judgment of qualified experts appointed by the “American Board of Opticianry” to set the score that represents the minimum amount of knowledge necessary to pass the examination. The state board approved practical examination shall be scored using the criterion-referenced passing score established by the organization administering the exam.

(6) Proof of having successfully completed the national portions of the examination shall consist of certification of the candidate’s scores from the testing body directly to the Board. It is the candidate’s responsibility to arrange for transfer of scores. The scores shall reflect that the candidate successfully completed the examinations within the three years preceding application for licensure. If however, the candidate successfully completed the examinations and has maintained a current certificate by having completed continuing education courses, the Board shall accept a copy of the original certificate of National Certification.

(3)(7) Applicants, who have been certified eligible by the board, having completed all requirements including successful completion of the opticianry competency and the contact lens examinations, will be admitted to take a state board approved practical examination.

(4) Proof of having successfully completed the national portions of the examination shall consist of certification of the candidate’s scores from the testing body directly to the Board:

(5) The respective testing body shall establish the criteria for determining the minimum score necessary for successful completion. 

(6) The applicant must have successfully completed all required examinations within the three years immediately preceding application for licensure.  For applications submitted more than three years after successful completion of the examinations, the application may submit a current National Certification and proof that the applicant has continued to maintain a current National Certification by completing continuing education courses.

Rulemaking Authority 456.017(1), 484.005 FS. Law Implemented 456.017(1) FS. History–New 12-6-79, Amended 8-10-80, 3-11-81, 10-29-81, 6-30-82, 8-11-82, 2-2-83, 8-29-85, Formerly 21P-9.01, Amended 9-17-87, 3-30-89, 2-18-93, Formerly 21P-9.001, Amended 5-2-94, Formerly 61G13-9.001, Amended 5-4-97, Formerly 59U-9.001, Amended 4-20-98, 9-12-99, 1-7-03, 8-28-05, 7-12-07, 5-16-12, 7-23-19,                         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Opticianry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2021