This purpose of this rulemaking is to delete definitions that were identified as unnecessary, remove language that is duplicative of existing law or unnecessary, and clarify the re-examination timeframe. The rulemaking removes the department as a ...

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NOS.:RULE TITLES:

64B-1.005Special Testing Accommodations

64B-1.008Grading of Examinations; Grade Notification.

64B-1.013Post-Examination Review

PURPOSE AND EFFECT: This purpose of this rulemaking is to delete definitions that were identified as unnecessary, remove language that is duplicative of existing law or unnecessary, and clarify the re-examination timeframe. The rulemaking removes the department as a grader of examinations and provides clarity on the notification of examination grades. The effect is that the rule language will be streamlined and will reflect the fact that the department contracts for examinations in accordance with Section 456.017, Florida Statutes.

SUMMARY: This rulemaking deletes unnecessary and duplicative language and provides clarity regarding special testing accommodations, grading of examinations, grade notification, and post-examination review related to licensure examinations for health care professions.

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: This rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

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: 456.004(5), 456.017(1), 456.017(2) FS.

LAW IMPLEMENTED: 456.017(1), 456.017(2) 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: Jennifer Wenhold, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-1.005 Special Testing Accommodations.

(1) Definitions.

(a) The term “disability” means, with respect to an individual:

1. A physical or mental impairment that substantially limits one or more major life activities of such individual;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

(b) A physical or mental impairment means:

1. Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hematic and lymphatic, skin, and endocrine; or

2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, mental retardation, emotional disturbance, English as a second language, or of environmental, cultural or economical disadvantage.

(c) Major life activities include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(2) through (10) renumbered (1) through (9) No change.

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 1-8-09, 9-30-09, 6-28-12,_________.

 

64B-1.008 Grading of Examinations; Grade Notification.

(1) through (2) No change.

(3) Examinations developed for the department or by a professional testing entity other than a national examination provider shall be graded by that testing entity or by its contract provider. Grading procedures shall be in compliance with the provisions of the board rules, and where there is no board, the department rules.

(4) No change.

(5) Official grades are to be posted on the Examination Services website, the website shall notify applicants in advance of the window when the official grades will be available on the internet.

(5)(6) No change.

(6)(7) Any candidate failing to receive a passing score on a licensure or certification examination shall be notified of the requirements for re-examination. For department-developed examinations, failing candidates shall also receive information regarding post-examination review and election of hearing rights. Candidates must wait at least 30 days after an examination before they can re-examine.

(8) For computer-based testing examinations, candidates shall receive a preliminary grade report at the computer-based testing site. Preliminary score reports are not official score reports. Preliminary score reports are subject to review and changes for accuracy and psychometric soundness.

(8)(9) No change.

Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1), 456.017(2)  FS. History–New 9-7-98, Amended 7-20-03, 9-30-09, 3-19-12,__________.

 

64B-1.013 Post-Examination Review.

(1) through (2)(d) No change.

(e) The provisions outlined in Rule 64B-1.004, F.A.C., shall apply to all review sessions. Violation of such provisions by a candidate shall result in termination of the review session and the candidate shall be subject to other sanctions as determined by the appropriate board pursuant to the board’s disciplinary guidelines.

(f) through (k) renumbered (e) through (j) No change.

(3) No change.

Rulemaking Authority 456.004(5), 456.017(2) FS. Law Implemented 456.017(2) FS. History–New 9-7-98, Amended 7-20-03, 6-19-08, 9-30-09, 3-19-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Wenhold

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 18, 2014