of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on March 18, 2020, by Brice Hsu. Petitioner was seeking a waiver or variance from Rule 64B13-4.001(1)(d) 2. and 3., F.A.C., entitled, “Examination ...  

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    DEPARTMENT OF HEALTH

    Board of Optometry

    RULE NO.:RULE TITLE:

    64B13-4.001Examination Requirements

    The Board of Optometry hereby gives notice: of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on March 18, 2020, by Brice Hsu. Petitioner was seeking a waiver or variance from subparagraphs 64B13-4.001(1)(d)2. and 3., F.A.C., entitled, “Examination Requirements” which states in part that the licensure examination authorized in subsection 463.006(2), F.S., shall consist of four parts with one being the Florida Practical Examination. The Florida Practical Examination shall consist of three (3) tested skills and the Board requires passage of all three (3) skills on the same test attempt. The three (3) skills are Biomicroscopy, Binocular Indirect Ophthalmoscopy, Dilated Biomicroscopy and Non-Contact Fundus Lens Evaluation and are weighted equally. The passing score for each skill shall be seventy-five percent (75%) or better, and a passing score on each of the three (3) skills must be obtained on the same test attempt. The Notice was published in Volume 46, No. 56, of the Florida Administrative Register, on March 20, 2020.

    The Board considered the instant Petition at a duly-noticed public telephonic meeting held April 3, 2020. The Board’s Order, filed on April 30, 2020, granted the petition finding that Petitioner had established that the purpose of the underlying statute would be met by granting a variance or waiver from subparagraphs 64B13-4.001(1)(d)2. and 3., F.A.C. The Board further finds that Petitioner established that applying the requirements of the aforementioned rule to his circumstances would violate principles of fairness and impose substantial hardship.

    A copy of the Order or additional information may be obtained by contacting: Anthony B. Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, telephone: (850)488-0595, or by electronic mail – Anthony.Spivey@flhealth.gov.

Document Information

Contact:
Anthony B. Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, telephone: (850) 488-0595, or by electronic mail – Anthony.Spivey@flhealth.gov
Related Rules: (1)
64B13-4.001. Examination Requirements