The Board proposes the rule amendment because the examination is being developed and administered by a national company and the rule must be updated to reflect this change.

DEPARTMENT OF HEALTH
Board of Opticianry

RULE NO.: RULE TITLE:
64B12-9.001: Examination for Licensure
PURPOSE AND EFFECT: The Board proposes the rule amendment because the examination is being developed and administered by a national company and the rule must be updated to reflect this change.
SUMMARY: The rule amendment will update the rule to reflect the change of the examination being developed and administered by a national company.
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, 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),(5), 484.005 FS.
LAW IMPLEMENTED: 456.017(1)(d), (5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Opticianry/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B12-9.001 Examination for Licensure.

(1) There shall be three five parts to the examination for Florida Licensure in opticianry: a national written opticianry competency examination; a national written contact lens examination; and the National Commission of State Opticianry and Regulatory Boards (NCSORB) Examination, which is composed of two parts a neutralization examination; a dispensing problems examination; and a practical examination.

(2) The national written opticianry competency examination portion of the examination shall be the National Opticianry Competency Examination developed by the American Board of Opticianry. This portion of the licensure examination shall be completed through the American Board of Opticianry, and proof of successful completion shall be required prior to a candidate’s taking of the state board approved practical examination.

(3) The national written contact lens examination portion of the examination shall be the Contact Lens Registry Examination developed by the National Contact Lens Examiners. This portion of the licensure examination shall be completed through the National Contact Lens Examiners, and proof of successful completion shall be required prior to a candidate’s taking of the state board approved practical examination.

(4) The criteria for determining the minimum score necessary for passing the National Opticianry Competency Examination and the Contact Lens Registry Examination shall be developed through the collective judgment of qualified experts appointed by the “American Board of Opticianry” to set the score that represents the minimum amount of knowledge necessary to pass the examination. The National Commission of State Opticianry and Regulatory Boards (NCSORB) examination shall be scored using the criterion-referenced passing score established by the NCSORB.

(5) Proof of having successfully completed the national portions of the examination shall consist of certification of the candidate’s scores from the testing body directly to the Board. It is the candidate’s responsibility to arrange for transfer of scores. The scores shall reflect that the candidate successfully completed the examinations within the three years preceding application for licensure. If however, the candidate successfully completed the examinations and has maintained a current certificate by having completed continuing education courses, the Board shall accept a copy of the original certificate of National Certification.

(6) Applicants, who have been certified eligible by the board, having completed all requirements, will be admitted to take the National Commission of State Opticianry and Regulatory Boards (NCSORB) neutralization, the dispensing problems, and the practical examinations.

(7) The neutralization examination for opticianry licensure shall require candidates to neutralize lenses within the tolerances set out in the American National Standard (Z80.1-1987) A score of at least seventy percent (70%) shall be required to pass the neutralization examination.

(8) The dispensing problems examination for opticianry licensure shall be taken via computer at a testing center. A score of at least seventy percent (70%) shall be required to pass the dispensing problems examination.

(9) The practical examination for opticianry licensure shall consist of:

(a) Measuring and Calipering

(b) Lens Identification

(c) Fitting and Adjusting

(d) Pupilary Distance

Grading tolerances for measuring and calipering shall be as follows:

Thickness ± .2mm

Base curve ± .25 diopters

Length ± 2mm

Mechanical ± 1mm

Width ± 1mm

Decentration ± 1mm

Grading tolerances for pupilary distance shall be as follows:

Monocular Distance P.D.

Left and right              ± 1mm

Binocular P.D.

Distance and near       ± 2mm

A score of at least seventy percent (70%) shall be required to pass the practical examination.

(10) In arriving at a final score for each part of the examination that uses percentage scores, any percentage score which contains a fractional part of a point of one-half (.5) or higher will be raised to the next highest whole number.

(11) When requested in writing by an applicant, the Board shall provide licensure examinations in an applicant’s native language. Applicants for examination or reexamination pursuant to this rule provision shall bear the full cost for the Department’s development, preparation, administration, grading, and evaluation of any examination in a language other than English.

Rulemaking Specific Authority 456.017(1), (5), 484.005 FS. Law Implemented 456.017(1), (5) FS. History–New 12-6-79, Amended 8-10-80, 3-11-81, 10-29-81, 6-30-82, 8-11-82, 2-2-83, 8-29-85, Formerly 21P-9.01, Amended 9-17-87, 3-30-89, 2-18-93, Formerly 21P-9.001, Amended 5-2-94, Formerly 61G13-9.001, Amended 5-4-97, Formerly 59U-9.001, Amended 4-20-98, 9-12-99, 1-7-03, 8-28-05, 7-12-07,________.

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 4, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 20, 2012