The Board proposes the rule amendment to clarify that optometrists performing public service visual screenings or visual screenings for governmental agencies do not become the optometrist/licensed practitioner of record, nor will the patient record ...

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-3.007Minimum Procedures for Comprehensive Eye Examination

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify that optometrists performing public service visual screenings or visual screenings for governmental agencies do not become the optometrist/licensed practitioner of record, nor will the patient record requirements of Rule 64B13-3.003, F.A.C. apply in certain circumstances.

SUMMARY: The rule amendment will clarify that optometrists performing public service visual screenings or visual screenings for governmental agencies do not become the optometrist/licensed practitioner of record, nor will the patient record requirements of Rule 64B13-3.003, F.A.C. apply in certain circumstances.

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: 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: The amendments clarify that optometrists performing public service or governmental agency visual screenings will not be subject to optometrist of record requirements, and that patient medical records obligations do not apply in certain enumerated instances. Accordingly, the amendments will reduce costs on licensees and entities sponsoring public visual screenings. No increase in costs to any person or governmental entity could be identified. Therefore, no SERC or legislative ratification would be required. 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: 463.005(1) FS.

LAW IMPLEMENTED: 463.005(1), 463.0135, 463.016(1)(g), (k) 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: Adrienne Rodgers, Executive Director, Board of Optometry/MQA, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-3.007 Minimum Procedures for Comprehensive Eye Examination.

(1) through (5) No change.

(6) When a licensed practitioner or certified optometrist performs public service visual screenings or visual screenings for governmental agencies, it will not result in said individual becoming the licensed practitioner or optometrist of record.  Further, tThe minimum procedures set forth in subsection (2) above shall not be required, nor shall the requirements and record retention set forth in Rule 64B13-3.003, F.A.C., entitled "Patient Records: Transfer or Death of Licensed Practitioner" be required in the following circumstances:

(a) through (d) No change.

(7) No change.

Rulemaking Specific Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0135, 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, 6-5-06, 11-5-07, 11-4-08,__________.

 

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: March 21, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 29, 2014