The purpose is to add new language to update and clarify procedures for demonstrating compliance by licensees.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NOS.:RULE TITLES:

64B12-16.003Apprenticeship Requirements and Training Program

64B12-16.004Termination of Apprenticeship

PURPOSE AND EFFECT: The purpose is to add new language to update and clarify procedures for demonstrating compliance by licensees.

SUMMARY: To update and clarify language.

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: 484.005, 484.007(1), 484.007 (1)(d)4. FS.

LAW IMPLEMENTED: 456.0635, 484.002, 484.007(1), 484.007 (1)(d)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: Jennifer Wenhold, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-16.003 Apprenticeship Requirements and Training Program.

(1) No change. 

(2) An apprentice shall have no more than two sponsors at any given time. If an apprentice has two sponsors, one sponsor shall be the primary sponsor responsible for the secondary sponsor and the apprentice. The apprentice primary sponsor shall be responsible for the completion, filing, signature and verification of the Apprenticeship Sponsor Form (DH-MQA 1063, revised 07/16) which is hereby adopted and incorporated by reference, which can be obtained from the Board’s website at http://www.floridasopticianry.gov, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07605. The secondary sponsor may work with the apprentice in a store or office other than the primary store or office as long as the apprentice works under the apprenticeship requirements and training program.

(3) through (6) No change.

Rulemaking Authority 484.005, 484.007(1)(d)4. FS. Law Implemented 456.0635, 484.002, 484.007(1)(d)4. FS. History–New 10-12-80, Amended 8-31-83, 8-30-84, Formerly 21P-16.03, Amended 3-5-87, 7-15-87, 1-26-88, 3-30-89, 10-17-90, 5-27-92, 9-30-92, 1-27-93, Formerly 21P-16.003, Amended 9-14-93, 5-2-94, Formerly 61G13-16.003, Amended 2-21-96, 4-23-97, Formerly 59U-16.003, Amended 10-1-97, 2-16-99, 6-25-02, 4-11-06, 9-27-06, 4-19-07, 11-20-07, 5-25-09, 11-29-09, 5-19-10, 4-9-12, 5-22-14, 7-17-14, 12-6-16, 9-11-18,                  .

 

64B12-16.004 Termination of Apprenticeship.

(1) If an apprentice terminates apprenticeship with a sponsor or the sponsor is no longer providing training to an apprentice, the apprentice sponsor shall submit to the Department within 30 days from the date of the termination a completed Apprenticeship Sponsor Attestation Form, as set forth in subsection 64B12-16.003(2), F.A.C.

(2) Failure to comply with the requirements of this rule shall subject the apprentice to discipline or denial of licensure and the sponsor to discipline.

Rulemaking Authority 484.005, 484.007(1) FS. Law Implemented 484.007(1)(d)4. FS. History–New 10-12-80, Formerly 21P-16.04, Amended 3-5-87, 3-30-89, Formerly 21P-16.004, 61G13-16.004, Amended 7-10-97, Formerly 59U-16.004, Amended 6-25-02,                  .

 

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: November 2, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 12, 2018