The proposed rule amendments are intended to update the language for continuing education for license renewals.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-15.001Continuing Education for License Renewal

PURPOSE AND EFFECT: The proposed rule amendments are intended to update the language for continuing education for license renewals.

SUMMARY: The Board proposes to update the rule language for continuing education for license renewals.

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(8), (9), 484.005, 484.008(3) FS.

LAW IMPLEMENTED: 456.013(8), (9), 484.008(3) 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 Hartman, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-15.001 Continuing Education for License Renewal.

(1) All licensed opticians shall be required to obtain continuing education from courses offered by providers approved in accordance withby this rule chapter prior to biennial license renewal.

(2) Within each license renewal biennium, each licensed optician shall complete a minimum of 20 hours of continuing professional education, according to the criteria specified set forth in these rules. A maximum of 5 hours of continuing professional education may be earned from courses without classroom instruction.

(3) An optician initially licensed in the first year of the biennium shall, for the first renewal, be required to complete only one-half the number of hours of continuing education as are required biennially in Rule 64B12-15.003, F.A.C., of which a maximum of 3 hours may be earned from courses without classroom instruction.

(4) An optician initially licensed during the second year of the biennium shall not be required to complete continuing education for the first license renewal. For the first renewal in which a licensee is required to take continuing education, one (1) hour of continuing education instruction must be on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS).

(5)(3) Credit hours for continuing professional education must be earned during the biennium for which they arewill be submitted for credit.

(6)(4) Licensed opticians who serve as full-time instructors of opticianry at an educational institution accredited by an accrediting agency recognized and approved by the United States Department of Education or the Council on Postsecondary Education shall not be required to complete continuing education courses for license renewal in order to renew their licenses, so long as they were so employed in that capacity for the duration of during the entire biennium.

(7)(5) At the time of license renewal, the licensee shall submit a renewal request to the Department using the on-line service portal, found at https://mqaonline.doh.state.fl.us/datamart/voservicesportal/, a license renewal card, the form affirming completion of the continuing education requirements and the renewal fee prescribed by Rule 64B12-11.003, F.A.C. In order to receive continuing professional education credit for video cassette courses taken by the licensee, a video cassette course validation form signed by the vendor and the licensee shall be retained for purposes of proof.

(8) For the biennium ending December 31, 2020 the restriction on permitting a maximum of 5 hours of continuing professional education, which may be earned from courses without classroom instruction, shall not be effective.  All required continuing education hours may be earned by courses without classroom instruction.

Rulemaking Authority 456.013(8), (9), 484.005, 484.008(3) FS. Law Implemented 456.013(8), (9), 484.008(3) FS. History–New 10-12-80, Amended 6-30-82, 12-5-82, 9-5-83, 8-30-84, Formerly 21P-15.01, Amended 3-5-87, 9-17-87, 3-30-89, 12-23-90, 6-11-92, 2-18-93, 5-19-93, Formerly 21P-15.001, Amended 4-17-94, Formerly 61G13-15.001, Amended 8-8-94, 3-14-95, 4-18-96, Formerly 59U-15.001, Amended 8-6-97, 4-20-99, 7-27-08, 3-29-15, 3-26-18,                        .

 

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: August 3, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 2, 2020