The Board proposes the rule amendment to update the rule to add language as authorized by Chapter 2013-26, Laws of Florida, and to renumber the rule accordingly.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rule to add language as authorized by Chapter 2013-26, Laws of Florida, and to renumber the rule accordingly.

SUMMARY: The rule amendment will update the rule to add language as authorized by Chapter 2013-26, Laws of Florida, and to renumber the rule accordingly.

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 meeting, the Board, based upon the expertise and experience of its members, 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: 456.079, 463.005(1) FS.

LAW IMPLEMENTED: 456.079, 463.005, 463.016 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: William Miller, Executive Director, Board of Optometry/MQA, 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) Violations of the following statutory and rule provisions are considered to be Minor Administrative Violations:

(a) through (d) No change.

(e) Subsection 463.0135(11), F.S. entitled "Standards of Practice," if the violation is of a technical nature not related to patient care.

(f)(e) No change.

(g) For the first violation of subsection 463.0141, F.S., entitled "Reports of adverse incidents in the practice of optometry."

(f) through (k) renumbered (h) through (m) No change.

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

(a) No change.

(b) Subsections 463.0055(2)(a), (b) and (c), F.S., entitled “Administration and prescription of topical ocular pharmaceutical agents; committee.”

(c) No change.

(d) Subsection 463.0135(11), F.S. entitled "Standards of Practice," if the violation is substantially likely to affect patient care.

(e)(d) Subsections 463.014(1)(a) and (b), F.S., entitled “Certain Acts Prohibited.”

(f) For a second or subsequent violation of subsection 463.0141, F.S., entitled "Reports of adverse incidents in the practice of optometry."

(e) through (m) renumbered (g) through (o) No change.

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 463.005, 463.016 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,__________.

 

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: August 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 1, 2013