The purpose of the amendment is to update the rules text and incorporated application.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

64B13-4.001Examination Requirements

64B13-4.002Reexamination

64B13-4.004Manner of Application Approved Schools or Colleges

PURPOSE AND EFFECT: The purpose of the amendment is to update the rules text and incorporated application.

SUMMARY: Update the rules text and incorporated application.

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: 456.013, 456.017(1), (2), 463.005, 463.006, 463.006(2) FS.

LAW IMPLEMENTED: 456.013, 456.017(1), (2), 456.0635, 463.002(3)(c), 463.006, 463.006(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: Anthony B. Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-4.001 Examination Requirements.

(1) No change.

(2) Passing Scores.

(a) An applicant for licensure must achieve a passing score on all four (4) parts of the licensure examination in order to be licensed in Florida. Passing scores for the Florida Practical Examination and Laws and Rules portion of the NBEO licensure examination are as set by the Board in this rule. Passing scores for the Patient Assessment and Management portion and the Clinical Skills portion of the NBEO licensure examination are established by the NBEO.

(b)1. Pursuant to section 463.006(3), F.S., the Board will accept passing scores obtained on any part of the licensure examination obtained within the three (3) year period immediately preceding application for licensure or within the three (3) year period following submission of an application for licensure in Florida.  Scores obtained on any part of the licensure examination obtained more than three (3) years immediately preceding application or more than three (3) years following the date of submission of an application for Florida licensure will not be accepted.

2. Pursuant to section 120.60(1), F.S., the Board’s approval of an application will not result in issuance of a license until passing scores on all parts of the Florida licensure examination are achieved. 

3. If an applicant fails to achieve passing scores on all parts of the Florida licensure examination within the time period specified above, the Board shall not certify the applicant to the Department and the applicant shall not be issued a Florida license based upon the approved application; to achieve licensure, the applicant must re-apply and meet all then-current licensing requirements.

(c) Pursuant to Rule 64B13-4.004, an application for licensure will not be deemed complete until an applicant demonstrates graduation from a Board approved school or college of optometry as specified in subsection 64B13-4.004(2); incomplete applications expire one (1) year after initial filing.

(3) No change.

Rulemaking Authority 456.017(1), 463.005, 463.006(2) FS. Law Implemented 456.017(1), 463.006(2) FS. History–New 11-13-79, Amended 5-28-80, 7-10-80, 8-20-81, 2-14-82, 6-6-82, 10-3-82, 4-10-84, 5-29-85, Formerly 21Q-4.01, Amended 7-21-86, 11-20-86, 7-27-87, 7-11-88, 7-18-91, 4-14-92, Formerly 21Q-4.001, Amended 2-14-94, Formerly 61F8-4.001, Amended 8-8-94, 11-21-94, 4-21-96, Formerly 59V-4.001, Amended 7-27-99, 7-15-02, 3-8-04, 4-22-10, 10-13-10, 7-21-11, 6-5-12, 2-27-14, 11-5-14, 9-30-15, 9-7-17, 1-24-18,               .

 

64B13-4.002 Reexamination.

An applicant who fails to achieve a passing score on any part Part I, Part II, Part III or Part IV of the licensure examination may retake any part by registering directly with the National Board of Examiners in Optometry (NBEO).  There is no limitation on the number of times an applicant may retake any examination part. Reexamination shall be limited to an eighteen (18) month period from the date of original failure. The Board may grant an extension of one additional year to allow an additional retake based on medical disability substantiated by documentation from the applicant’s physician.

Rulemaking Authority 456.017(2), 463.005 FS. Law Implemented 456.017(2) FS. History–New 11-13-79, Amended 10-3-82, 4-7-85, 7-9-85, Formerly 21Q-4.02, Amended 11-20-86, 4-20-93, Formerly 21Q-4.002, 61F8-4.002, Amended 11-21-94, Formerly 59V-4.002, Amended 7-15-02, 2-1-12, 2-27-14, 2-28-16,               .

 

64B13-4.004 Manner of Application; Approved Schools or Colleges.

(1) Applications. All applications for licensure as a certified optometrist shall be made on the form titled “Application for Licensure as Certified Optometrist” number DH-MQA 1128 (Revised 06/201808/2017), which is hereby incorporated by reference and can be obtained from the board office or at: http://www.floridaoptometry.gov, or http://www.flrules.org/Gateway/reference.asp?No=Ref-      09035. All applications for licensure as a certified optometrist shall include the non-refundable application fee as specified in subsection 64B13-6.001(5), F.A.C., and the initial licensure fee as specified in subsection 64B13-6.001(1), F.A.C. Applications must be submitted prior to taking any of the licensure examinations listed in paragraphs 64B13-4.001(1)(a)-(d), F.A.C. Applications will not be deemed complete until the applicant can demonstrate passage of all of the licensure examinations listed in paragraphs 64B13-4.001(1)(a)-(d), F.A.C. Applications will not be deemed complete until the applicant submits proof of graduation from a Board approved school or college of optometry, as specified in subsection (2), below. No application shall be deemed complete which does not set forth all the information required by said forms and which fails to include all fees as set forth in this rule. An incomplete application for licensure expires one year from the initial date of application.

(2) No change.

(3) Certification of Licensed Practitioners. Any licensed practitioner licensed to practice optometry in Florida prior to July 1, 1993, who is not a certified optometrist and who desires to be licensed as a certified optometrist shall apply to the department for certification. The board will approve a licensed practitioner who satisfies the requirements of Rules 64B13-4.001(3) and 64B13-10.001, F.A.C., and remits the fee established in subsection 64B13-6.001(5), F.A.C.

Rulemaking Authority 456.013, 463.005, 463.006 FS. Law Implemented 456.013, 456.0635, 463.002(3)(c), 463.006 FS. History–New 11-13-79, Amended 4-17-80, Formerly 21Q-4.04, Amended 11-20-86, 4-19-89, 6-25-92, 6-6-93, Formerly 21Q-4.004, Amended 6-14-94, Formerly 61F8-4.004, Amended 3-21-95, 5-29-95, Formerly 59V-4.004, Amended 7-15-02, 11-3-03, 11-16-05, 10-30-08, 8-30-09, 10-18-10, 9-8-13, 2-27-14, 8-12-14, 7-13-16, 12-11-16, 1-24-18,           .

 

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: June 22, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 30, 2018