The Board propose the rules amendments to include language that will clarify that any probable cause panel must include a present and/or former professional board member and to clarify existing rules language.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NOS.:RULE TITLES:

64B12-8.008Probable Cause Panel

64B12-8.009Unexcused Absences

64B12-8.016Other Board Business for Which Compensation Is Allowed

PURPOSE AND EFFECT: The Board propose the rules amendments to include language that will clarify that any probable cause panel must include a present and/or former professional board member and to clarify existing rules language.

SUMMARY: Update and clarify existing rules 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: 456.011, 456.011(4), 456.073(4), 484.005 FS.

LAW IMPLEMENTED: 456.011, 456.011(4), 456.073(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: Janet E. Hartman, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-8.008 Probable Cause Panel.

(1) No change. 

(2) The probable cause panel must have a minimum of 2 members, and must consist of the following:

(a) A current Board member.

(b) A former or present consumer member of the board, if available and willing to serve and authorized to do so by the board chair.

(c) A current professional Board member or one of which may be a former Board member who holds an active valid license to practice opticianry.

Rulemaking Authority 456.073(4), 484.005 FS. Law Implemented 456.073(4) FS. History–New 12-6-79, Formerly 21P-8.08, Amended 1-26-88, 9-21-92, Formerly 21P-8.008, 61G13-8.008, 59U-8.008, Amended 8-6-97, 7-8-07,   .

 

64B12-8.009 Unexcused Absences.

Unexcused absences of a Board member mean absences not due to the following situations:

(1) through (4) No change. 

(5) Other extraordinary circumstances.

Rulemaking Authority 456.011, 484.005 FS. Law Implemented 456.011 FS. History–New 12-6-79, Amended 9-7-82, Formerly 21P-8.09, Amended 1-27-93, Formerly 21P-8.009, 61G13-8.009, 59U-8.009, Amended 8-6-97,      .

 

64B12-8.016 Other Board Business for Which Compensation Is Allowed.

The following activities are considered to be other business involving the Board for which compensation shall be paid pursuant to Section 456.011(4), F.S.:

(1)  through (2)  No change.

(3) Participation in a meeting which has been requested by the State Surgeon General of the Department of Health Agency.

(4) No change. 

(5) All activity of Board members, if authorized by the Board, when grading, proctoring or reviewing examinations given by the Department of Health Agency.

(6) All participation in Board authorized meetings with professional associates of which the Board is a member of invitee. This would include all meetings of national associations of registration Boards of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession of opticianry over which the Board has statutory authority.

(7) through (8) No change.

Rulemaking Authority 456.011(4), 484.005 FS. Law Implemented 456.011(4) FS. History–New 12-10-81, Amended 8-30-84, 1-7-86, Formerly 21P-8.16, Amended 5-2-89, Formerly 21P-8.016, 61G13-8.016, 59U-8.016,_____.

 

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: April 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 22, 2019