The purpose of the amendment for Rule 64B13-15.006, F.A.C., is to conform the rule to a previous amendment to Rule 64B13-3.007, F.A.C.; for Rule 64B13-15.009 it is to add citation violations to the rule.

DEPARTMENT OF HEALTH
Board of Optometry

RULE NO: RULE TITLE
64B13-15.006: Designation of Patient Care Violations; Major; Minor
64B13-15.009: Citations
PURPOSE AND EFFECT: The purpose of the amendment for Rule 64B13-15.006, F.A.C., is to conform the rule to a previous amendment to Rule 64B13-3.007, F.A.C.; for Rule 64B13-15.009 it is to add citation violations to the rule.
SUMMARY: In Rule 64B13-15.006, F.A.C., the rule is conformed to a previous amendment to Rule 64B13-3.007, F.A.C.; in Rule 64B13-15.009, F.A.C., citation violations are added to the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.077, 456.079, 463.005 FS.
LAW IMPLEMENTED: 456.077, 456.079 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259

THE FULL TEXT OF THE PROPOSED RULE IS:

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

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

(a) No change.

(b) Subsections (1) and (2) of Rule 64B13-3.007, F.A.C., entitled “Minimum Procedures for Comprehensive Eye Examination Vision Analysis,” if the violation is a first offense of failing to perform or record.

(c) No change.

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

(a) through (h) No change.

(i) Subsections (1) and (2) of Rule 64B13-3.007, F.A.C., entitled “Minimum Procedures for Comprehensive Eye Examination Vision Analysis,” if the violation is at least a second offense of failing to perform or record.

(j) through (o) No change.

(3) No change.

Specific Authority 456.079 FS. Law Implemented 456.079 FS. History–New 2-24-87, Formerly 21Q-15.006, 61F8-15.006, 59V-15.006, Amended 5-1-02,_________.

 

64B13-15.009 Citations.

(1) through (3) No change.

(4) Pursuant to Section 456.077, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare.

(a) The Board hereby designates the following as citation violations which shall result in a penalty of two hundred and fifty dollars ($250.00):

1. through 5. No change.

6. Failure to respond to a continuing education audit as required by Rule 64B13-5.001, F.A.C. The licensee shall come into compliance by paying the citation fine within thirty (30) fifteen (15) days after receipt of the citation.

(b) No change.

(5) No change.

(6) Tendering a check payable to the Board of Optometry or to the Department of Health that is dishonored by the institution upon which it is drawn shall result in a fine of $100 and payment of the check within thirty (30) days.

Specific Authority 456.077, 463.005 FS. Law Implemented 456.077 FS. History–New 1-1-92, Formerly 21Q-15.009, 61F8-15.009, 59V-15.009, Amended 3-21-00, 4-17-01, 12-26-01, 5-1-02, 7-15-02, 6-13-04, 11-16-05, 11-5-07, 7-13-08,_________.

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 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008