The Board proposes the rule amendment to update the rule texts and update the rules due to changes from Chapter 2018-13, Laws of Florida.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

64B13-15.005Designation of Administrative Violations; Major; Minor

64B13-15.006Designation of Patient Care Violations; Major; Minor

64B13-15.008Notice of Noncompliance

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rule texts and update the rules due to changes from Chapter 2018-13, Laws of Florida.

SUMMARY: Update the rule text and updates due to changes from Chapter 2018-13, Laws of Florida.

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: 120.695, 456.079, 456.621(3), 463.005, 463.005(1) FS.

LAW IMPLEMENTED: 120.695, 456.079, 456.621(3)465.0276(4) 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:

 

64B13-15.005 Designation of Administrative Violations; Major; Minor.

(1) No change.

(2) Violations of the following statutory and rule provisions are considered to be Major Administrative Violations:

(a) through (n) No change.

(o) Section 456.0301(1)(a), F.S., failure by a certified optometrist registered with the United States Drug Enforcement Administration (DEA) to complete the required two (2) hour course on prescribing controlled substances prior to January 31, 2019.

(p) Section 465.0276(2)(d)1., F.S., dispensing a controlled substance to a person not known to the dispenser without requiring valid photographic identification or other verification of identity.

(q) Subsection 893.055(3), F.S., failure to report information regarding dispensed controlled substances to the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.

(r) Subsection 893.0551(6), F.S., failure to maintain confidentiality of information obtained from the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.

(s) Subsection 893.055(8), F.S., second or subsequent failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to prescribing or dispensing a schedule IV or schedule V opioid controlled substance.

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) FS. History–New 2-24-87, Formerly 21Q-15.005, 61F8-15.005, Amended 8-18-96, Formerly 59V-15.005, Amended 5-1-02, 7-6-10, 2-1-12, 7-10-14, 11-5-14,         .

 

64B13-15.006 Designation of Patient Care Violations; Major; Minor.

(1) No change.

(2) Violations of the following statutory and rule provisions are considered to be Major Patient Care Violations:

(a) through (l) No change.

(m) Paragraphs 456.072(1)(d), (j), (l), (n), (o), (p), (u), (y), (z), (aa), (cc), (gg), F.S., entitled “Grounds for Discipline; Penalties; Enforcement.”

(n) through (q) No change.

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) FS. History–New 2-24-87, Formerly 21Q-15.006, 61F8-15.006, 59V-15.006, Amended 5-1-02, 10-30-08, 11-20-13, 11-5-14,                              .

 

64B13-15.008 Notice of Noncompliance.

(1) Pursuant to Sections 120.695 and 456.073(3), F.S., a notice of noncompliance will be issued as the first enforcement action taken against a licensee for a minor violation of a rule or a statutory provision which First time violations of only those statutory and rule provisions listed in this rule shall be considered as minor violations for purposes of implementing the provisions of Section 456.073(3), F.S. It has been determined that first time violation of these provisions by a licensed practitioner does not endanger the public health, safety and welfare and does not demonstrate a serious inability to practice the profession of optometry.

(2) The Board designates the following as minor violations for which a notice of noncompliance may be issued.

(a) Paragraph (1)(a), of Rule 64B13-15.005(1)(a), F.A.C., and Section 456.062, F.S., entitled “Advertisement by health care provider of free or discounted services; required statement.”

(b) Paragraph (1)(c), of Rule 64B13-15.005(1)(c), F.A.C., and Section 456.011, F.S., “Exhibition of license.”

(c) No change.

(d) Subsection 893.055(8), F.S., relating to a first-time failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.

(3)(2) The Board of Optometry shall not consider issuance of a notice of noncompliance does not constitute pursuant to Section 457.073(3), F.S., as professional discipline.

(3) In accordance with Section 120.695, F.S., the Department shall issue a notice of noncompliance as the first enforcement action taken against a licensee for a minor violation of a rule. Pursuant to Section 120.695(2)(b), F.S., the Board designates a violation of paragraph 64B13-5.001(1)(e), F.A.C., as a minor violation of a rule for which a notice of noncompliance is issued.

Rulemaking Authority 120.695, 456.621(3), 463.005 FS. Law Implemented 120.695, 456.621(3), 893.055(8) FS. History–New 7-21-91, Formerly 21Q-15.008, 61F8-15.008, Amended 2-5-96, Formerly 59V-15.008,                             .

 

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: July 19, 2018