The Board proposes the rule amendments to update statutory references.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

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

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

PURPOSE AND EFFECT: The Board proposes the rule amendments to update statutory references.

SUMMARY: Statutory references will be updated.

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, based upon the expertise and experience of its members and the substance of the rule, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule has no impact on any persons or businesses; 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, 465.0276(4) 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: Christina McGinnis, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3257. [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) No change.

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

(a) Paragraphs 456.072(1)(a), (b), (c), (e), (f), (g), (h), (i), (k), (m), (q), (r), (s), (w), (x), (cc), (gg), (ii), (jj), (kk), (ll), (pp), F.S., entitled “Grounds for Discipline; Penalties; Enforcement.”

(b) through (s) No change.

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) 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, 7-10-14, 11-5-14, 10-2-18,                        .

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

(1) No change.

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

(a) through (m) No change.

(n) Paragraphs 456.072(1)(d), (j), (l), (n), (o), (p), (u), (y), (z), (aa), (cc), (gg), (qq), (rr), (ss), F.S., entitled “Grounds for Discipline; Penalties; Enforcement.”

(o) through (r) No change.

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) FS. History–New 2-24-87, Formerly 21Q-15.006, 61F8-15.006, 59V-15.006, Amended 5-1-02, 10-30-08, 11-20-13, 11-5-14, 10-2-18, 4-3-19,                            .

 

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: July 14, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2021