The Board proposes the rule amendments to remove examiner and security procedures which were required for the Florida-specific licensure examination.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

64B13-4.005Criteria for Selection of Examiners and Consultants

64B13-4.006Security and Monitoring Procedures for Licensure Examination

PURPOSE AND EFFECT: The Board proposes the rule amendments to remove examiner and security procedures which were required for the Florida-specific licensure examination.

SUMMARY: The rule amendments will remove requirements regarding Florida-specific examiners and clarify security procedures resulting from the transition to the national examination. In addition, amendments to Rule 64B13-4.006, F.A.C., clarify an existing procedure whereby questions on Part IV of the Florida-specific examination are regularly updated and rotated.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: As the Board has moved to a national examination, both rules are being amended to remove unnecessary requirements from the Florida-specific examination. Accordingly, because the Board is removing requirements that no longer apply, it foresees no cost impact to any entity, including government or small businesses. Furthermore, the rule amendment language acknowledges existing examination procedures and is not modifying existing procedures. There are no foreseeable cost increases, and there will likely be an overall reduction in costs by elimination of Florida-specific procedures.

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)(b), (d) FS.

LAW IMPLEMENTED: 456.017(1)(a), (b), (d) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adrienne Rodgers, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B13-4.005 Criteria for Selection of Examiners and Consultants.

The following criteria are hereby established for the selection of examiners and consultants:

(1) All prospective examiners and consultants must have received approval of the Board prior to their selection as examiners by the Department of Health.  The Department shall submit annually the curricula vitae of new examiners or consultants, and shall submit updated curricula vitae of all previously approved examiners or consultants every three years.

(2) In order to receive approval of the Board, a prospective examiner or consultant must comply with the following minimum requirements:

(a) Licensure as an optometrist in this State for at least three years preceding the date of the examination or examination development meeting at which they will serve as a consultant an examiner or a consultant, as needed.

(b) The absence of any finding by the Board that the prospective examiner or consultant has violated Chapters 456 and 463, F.S., or the rules promulgated thereunder or is under current investigation by the Department or the Agency for Health Care Administration.

(3) In addition to the minimum requirements, a licensee may not serve as an examiner if the licensee is a full-time faculty member at a college of optometry.

(4) The examination of patients for the purpose of determining findings against which the performance of candidates will be compared must be conducted by certified optometrists licensed in this State who meet the requirements stated in subsections (1), (2)(b) and (3) of this rule.

Rulemaking Specific Authority 456.017(1)(b) FS. Law Implemented 456.017(1)(a), (b) FS. History–New 10-6-81, Formerly 21Q-4.05, Amended 7-21-86, 11-20-86, Formerly 21Q-4.005, 61F8-4.005, 59V-4.005, Amended 2-7-01, 8-7-01, 3-8-04,_________.

 

64B13-4.006 Security and Monitoring Procedures for Licensure Examination.

(1) Part IV of the The licensure examination specified in paragraph 64B13-4.001(1)(d), F.A.C., shall be administered in compliance with the security and monitoring procedures set forth by the Board in this rule.

(2) The test site(s) used for administration of the licensure examination shall be approved by the Board no later than ninety (90) days prior to administration of the licnesure examination.

(3) The examination supervisor(s) and examination proctors are responsible for maintaining a secure and proper examination administration. The examination supervisor(s) and the qualifications to be possessed by individuals wishing to serve as a examination proctor must be approved by the Board no later than ninety (90) days prior to administration of the licensure examination.

(2)(4) An examinee will not be admitted to the examination site unless the examinee presents a valid admission slip for Part IV of the specific licensure examination and a government issued photo identification (e.g., valid driver’s license or passport). Provided, however, a government issued photo identification shall be acceptable in the absence of the admission slip only if the examinee’s name appears on the examination admission roster previously prepared for that specific examination.

(3)(5) Examinees and/or their patients shall not be in possession of electronic devices including cellular telephones, personal digital assistants (pda), pagers, or cameras at the examination site.

(6) If the examinee arrives at the designated examination site after the designated starting time, the examinee shall not be permitted to take the examination. Provided, however, if the examination has not begun, the examination supervisor may permit the examinee to take the examination if there is no risk to the integrity or security of the examination.

(4)(7) Any individual determined by the examination supervisor to have engaged in conduct which subverts or attempts to subvert the examination process shall be immediately removed from the examination site. Any conduct which subverts or attempts to subvert the examination process, or other irregularities, shall be immediately documented in writing by the examination supervisor. Following completion of the examination, the. The Board shall consider any such written documentation prepared by the examination supervisor(s) and shall determine if any further action is warranted.  Examples of further action that may be taken include, but are not limited to, withholding or declaring invalid scores on the examination, disqualification from future licensure examinations, disqualification from the practice of optometry, and imposition of other appropriate sanction by the Board.

(5)(8) For the purpose of this rule, conduct which subverts or attempts to subvert the examination process includes:

(a) through (c) No change.

(6)(9) To avoid compromising the integrity of the examination question bank and thereby risking the validity of Part IV of the licensure examination, questions used shall be regularly written, updated and/or modified by consultants appointed by the Board in conjunction with the Department, and the same or similar questions shall not be repeated, when feasible, more than once every three (3) years.

(a) Questions/case presentations used on the licensure examination, including the format of questions/case presentations, shall be regularly written, updated and/or modified by experts appointed by the board in conjunction with the department, and the same or similar question/case presentation shall not be repeated, when feasible, more than once every three (3) years;

(b) The written portion of the licensure examination shall be administered only for a one (1) day time period twice yearly at a location approved by the board; and

(c) The practical portion of the licensure examination shall be administered only for a two (2) day time period at a location approved by the board.

Rulemaking Authority 456.017(1)(d) FS. Law Implemented 456.017(1)(d) FS. History–New 6-6-82, Formerly 21Q-4.06, 21Q-4.006, 61F8-4.006, 59V-4.006, Amended 2-1-12,__________.

 

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: July 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2013