To entirely update Rules 64B13-4.002 and 64B13-4.006, F.A.C.; to repeal unnecessary Rule 64B13-4.003, F.A.C.  

  • Notice of Proposed Rule

    DEPARTMENT OF HEALTH

    Board of Optometry

    RULE NO.:RULE TITLE:

    64B13-4.002 Reexamination.

    64B13-4.003 Examination Review Procedure.

    64B13-4.006 Security and Monitoring Procedures for Licensure Examination.

    PURPOSE AND EFFECT:  To entirely update Rules 64B13-4.002 and 64B13-4.006, F.A.C.; to repeal unnecessary Rule 64B13-4.003, F.A.C.

    SUMMARY:  Entirely update Rules 64B13-4.002 and 64B13-4.006, F.A.C.; repeal Rule 64B13-4.003, F.A.C.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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, 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. 017(1)(d), (2), 463.005 FS.

    LAW IMPLEMENTED:  456.017(1)(d), (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:  Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; (850)245-4393.

    THE TEXT OF THE PROPOSED RULE IS:

    64B13-4.002 Reexamination.

    An applicant who fails to achieve a passing score on Part I, Part II, Part III, or Part IV of the licensure examination may retake any part to the extent authorized by the reexamination guidelines of the National Board of Examiners in Optometry. shall be limited to two (2) retakes within a twelve (12) month period from the date of original failure. The Board may grant an extension of time of one additional year to allow a second retake based on medical disability substantiated by documentation from the applicant’s physician. If the applicant fails to achieve a passing score on Part IV as provided above, the applicant’s passing scores on Part I, Part II, and Part III of the licensure examination (including scores of 75% or better on the three skills identified in paragraph 64B13-4.001(1)(c), F.A.C.) must have been obtained within the time period set forth in subsection 64B13-4.001(2), F.A.C., before the applicant will be allowed any further attempts to obtain a passing score on Part IV.

    Rulemaking Authority 456.017(2), 463.005 FS. Law Implemented 456.017(2) FS. History–New 11-13-79, Amended 10-3-82, 4-7-85, 7-9-85, Formerly 21Q-4.02, Amended 11-20-86, 4-20-93, Formerly 21Q-4.002, 61F8-4.002, Amended 11-21-94, Formerly 59V-4.002, Amended 7-15-02, 2-1-12, 2-27-14, Amended            .

     

    64B13-4.003 Examination Review Procedure.

    Rulemaking Authority 456.017(2) FS. Law Implemented 456.017(2) FS. History–New 11-13-79, Amended 4-17-80, Formerly 21Q-4.03, Amended 6-18-92, Formerly 21Q-4.003, 61F8-4.003, 59V-4.003, Amended 2-27-14, Repealed                     .

     

    64B13-4.006 Security and Monitoring Procedures for Licensure Examination.

    (1) Part IV of the licensure examination specified in paragraph 64B13-4.001(1)(d), F.A.C., shall be administered in compliance with the security and monitoring procedures set forth by the Board in this rule.

    (2) An examinee will not be admitted to the examination site unless the examinee presents a valid admission slip for Part IV of the licensure examination and a government issued photo identification (e.g., valid driver’s license or passport).

    (3) Examinees shall not be in possession of electronic devices including cellular telephones, personal digital assistants (pda), pagers, or cameras at the examination site.

    (4) Any individual determined to have engaged in conduct which subverts or attempts to subvert the examination process shall be immediately removed from the examination site. Any conduct which subverts or attempts to subvert the examination process, or other irregularities, shall be immediately documented in writing. The Board shall consider any such written documentation and shall determine if any further action is warranted. Examples of further action that may be taken include, but are not limited to, withholding or declaring invalid scores on the examination, disqualification from future examinations, disqualification from the practice of optometry, and imposition of other appropriate sanction by the Board.

    (5) For the purpose of this rule, conduct which subverts or attempts to subvert the examination process includes:

    (a) Conduct which violates the security of the examination materials, such as removing from the examination site any of the examination materials (e.g., examination questions, booklets, answer sheets, electronic files, and examination papers and materials); reproducing or reconstructing any portion of the licensure examination; aiding by any means in the reproduction or reconstruction of any portion of the licensure examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a prior, current, or future licensure examination.

    (b) Conduct which violates the standard of test administration, such as disrupting the examination site, inappropriately communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any appliances, tools, books, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination in the information provided to the examinee in advance of the examination by the Board, Department, or contracted vendor. In cases where the examinee is found to be in possession of items other than those distributed at the examination site or specifically listed as approved materials for the examination in the information provided to the examinee in advance of the examination by the Board, Department, or contracted vender, the minimum sanction shall be to declare the examinee’s scores on the examination to be invalid.

    (c) Conduct which violates the credentialing process, such as falsifying information required for admission to the examination; impersonating an examinee; or having an impersonator take the licensure examination on one’s behalf.

    (6) To avoid compromising the integrity of the examination question bank and thereby risking the validity of Part IV of the licensure examination, questions used shall be regularly written, updated and/or modified by consultants appointed by the Board in conjunction with the National Board of Examiners in Optometry Department, and the same or similar questions shall not be repeated, when feasible, more than once every three (3) years.

    Rulemaking Authority 456.017(1)(d) FS. Law Implemented 456.017(1)(d) FS. History–New 6-6-82, Formerly 21Q-4.06, 21Q-4.006, 61F8-4.006, 59V-4.006, Amended 2-1-12, 11-5-14,             .

    NAME OF PERSON ORIGINATING PROPOSED RULE:  Optometry Board

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:  Optometry Board

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  July 17, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  June 15, 2015

     

Document Information

Comments Open:
9/8/2015
Summary:
Entirely update Rules 64B13-4.002 and 64B13-4.006, F.A.C.; repeal Rule 64B13-4.003, F.A.C.
Purpose:
To entirely update Rules 64B13-4.002 and 64B13-4.006, F.A.C.; to repeal unnecessary Rule 64B13-4.003, F.A.C.
Rulemaking Authority:
456. 017(1)(d), (2), 463.005 FS.
Law:
456.017(1)(d), (2) FS.
Contact:
Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; 850-245-4393.
Related Rules: (3)
64B13-4.002. Reexamination
64B13-4.003. Examination Review Procedure
64B13-4.006. Security and Monitoring Procedures for Licensure Examination