To clarify the requirements that the laws and rules course must be provided live and in-person; both instructor and attendees must attend in-person, not virtually; and allows for interactive discussion between instructor ....

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-9.0016Demonstrating Knowledge of Laws and Rules for Licensure

PURPOSE AND EFFECT: To clarify the requirements that the laws and rules course must be provided live and in-person; both instructor and attendees must attend in-person, not virtually; and allows for interactive discussion between instructor and attendees.

SUMMARY: Modifications to the rule define the requirements for live and in-person classroom instruction.

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: 484.002(6), 484.005 FS.

LAW IMPLEMENTED: 456.017(6) 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: Ashleigh Irving, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-9.0016 Demonstrating Knowledge of Laws and Rules for Licensure.

An applicant for licensure as an optician shall demonstrate knowledge of the laws and rules for licensure in the following manner:

(1) No Change.

(2) The laws and rules course must provide integration of the above subject areas into the competencies required for the practice of opticianry and interactive discussion of examples applying the laws and rules that govern opticianry.  The course must be provided live and involve classroom instruction.  The instructor and attendees must attend the course in-person, and not virtually.  The course must be delivered in a manner that monitors attendance, minimizes distractions, and allows for interactive discussion between instructor and attendees.  An interactive discussion means that the attendee may interact in-person with the instructor either during the presentation of the course or in a question and answer session immediately following the completion of the course.

(3) through (6) No Change.

Specific Authority 484.002(6), 484.005 FS. Law Implemented 456.017(6) FS. History–New 4-17-03­­­­­,______________.

 

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: April 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 12, 2022