The purpose of the rule amendment to update the language to include a second National Practical examination as an option for Florida’s Opticianry applicants.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NOS.:RULE TITLES:

64B12-9.001Examination for Licensure

64B12-9.002Re-Examination

PURPOSE AND EFFECT: The purpose of the rule amendment to update the language to include a second National Practical examination as an option for Florida’s Opticianry applicants.

SUMMARY: To update rule text.

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), (2), 484.005 FS.

LAW IMPLEMENTED: 456.017(1), (2) 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 E. Hartman, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-9.001 Examination for Licensure.

(1) Both the American Board of Opticianry and National Contact Lense Examiners (ABO-NCLE) and National Commission of State Opticianry and 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 Licensure in opticianry: a national written opticianry competency examination; a national written contact lens examination; and a state board approved practical examination the National Commission of State Opticianry and Regulatory Boards (NCSORB) Examination, which is composed of two parts.

(3)(2) The national written 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 of the state board approved examination.

(4)(3) The national written 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 of the state board approved examination.

(5)(4) 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 National Commission of State Opticianry and Regulatory Boards (NCSORB) examination shall be scored using the criterion-referenced passing score established by the organization administering the exam NCSORB.

(6)(5) No change.

(7)(6) Applicants, who have been certified eligible by the board, having completed all requirements, will be admitted to take a state board approved practical examination the National Commission of State Opticianry and Regulatory Boards (NCSORB) examination.

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,                  .

 

64B12-9.002 Re-Examination.

An applicant who fails any portion of a state board approved practical  the National Commission of State Optionary and Regulatory Boards (NCSORB) examination for licensure shall be required to retake only that portion of the examination on which the applicant has not yet achieved a passing grade. However, an applicant must complete the retake(s) within twelve (12) months years of the original failed examination date. An applicant who has not achieved a passing score on all portions of the original examination within twelve (12) months years of the original examination date must apply for and take the entire current licensure examination excluding ABO and NCLE, provided current certification is maintained. An applicant seeking to retake any portion of the NCSORB examination for licensure as described above shall submit to the Board a completed application on Form DH-MQA 1190, Re-Examination Application (revised 7/13), hereby adopted and incorporated by reference, which can be obtained at http://www.floridasopticianry.gov/ or at https://www.flrules.org/Gateway/reference.asp?No=Ref-04022. The application shall be accompanied with the application fee specified in Rule 64B12-11.002, F.A.C., which is non-refundable.

Rulemaking Authority 456.017(2), 484.005 FS. Law Implemented 456.017(2) FS. History–New 12-6-79, Amended 8-29-85, Formerly 21P-9.02, Amended 3-10-86, 3-5-87, Formerly 21P-9.002, Amended 5-2-94, Formerly 61G13-9.002, 59U-9.002, Amended 8-28-05, 6-17-09, 5-19-10, 4-9-12, 4-28-14,                                  .

 

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 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2019