Changes to the rule reflect the new requirements in s. 456.0145, F.S., regarding licensure by endorsement. A person desiring to obtain licensure by endorsement as an optician will now be required to apply to the Department ....

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-9.016Eligibility of Individuals Licensed in Another State

PURPOSE AND EFFECT: Changes to the rule reflect the new requirements in s. 456.0145, F.S., regarding licensure by endorsement. A person desiring to obtain licensure by endorsement as an optician will now be required to apply to the Department of Health using a new form incorporated in the rule titled Mobile Opportunity by Interstate Licensure Endorsement (MOBILE). The new incorporated form will replace the current incorporated form and previous endorsement requirements are removed from the rule.

SUMMARY: Changes to the rule reflect the new requirements in s. 456.0145, F.S., regarding licensure by endorsement. A person desiring to obtain licensure by endorsement as an optician will now be required to apply to the Department of Health using a new form incorporated in the rule titled Mobile Opportunity by Interstate Licensure Endorsement (MOBILE). The new incorporated form will replace the current incorporated form and previous endorsement requirements are removed from the rule.

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 FS.

LAW IMPLEMENTED: 484.007(3), 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: Ashleigh Irving, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-9.016 Endorsement Eligibility of Individuals Licensed in Another State.

An applicant for licensure by endorsement pursuant to section 456.0145(2), F.S., shall submit form DH-MQA-5101 (eff. 8/24), Mobile Opportunity by Interstate Licensure Endorsement (MOBILE), which is incorporated herein by reference and which may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-       , or the Board of Opticianry, Department of Health, 4052 Bald Cypress Way, Bin #C-08, Tallahassee, Florida 32399-3258 or at http://floridasopticianry.gov/resources/. Applicants for licensure shall meet and comply with all requirements in Section 456.0145(2), F.S.

(1) For purposes of determining eligibility for examination of an individual pursuant to Section 484.007(1)(d)2. and 3., F.S., the Board shall interpret the phrase “immediately preceding application” to mean that the individual must apply for the examinations set forth in subsections 64B12-9.001(1), (3) and (4), F.A.C., for licensure in Florida within two (2) years of ceasing the actual practice of opticianry in the other state upon which the eligibility is claimed.

(2) Applicants for examination pursuant to Section 484.007(1)(d)2., F.S., shall submit with the application, documentation that they are actively licensed to practice opticianry, in another state, territory, or jurisdiction of the United States, for a period of more than 3 years immediately preceding application; and, that they meet the examination qualifications as provided in Section 484.007(1)(d)2., F.S. Periods of apprenticeship or training in opticianry shall not be considered to constitute any portion of the required years of practice.

Rulemaking Specific Authority 484.005 FS. Law Implemented 484.007(3)(1)(d)2. FS. History–New 8-30-84, Formerly 21D-17.01, Amended 9-17-87, 1-26-88, Formerly 21P-17.001, Amended 9-2-92, 2-18-93, Formerly 21P-9.016, Amended 5-2-94, Formerly 61G13-9.016, 59U-9.016, Amended 8-6-97, 5-24-07,__________________.

 

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: August 20, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2024