To clarify the criteria for continuing education programs or courses.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-15.004Provider Approval and Renewal

PURPOSE AND EFFECT: To clarify the criteria for continuing education programs or courses.

SUMMARY: Clarification of criteria for continuing education programs or courses.

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, 484.008(3) FS.

LAW IMPLEMENTED: 484.008(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: Janet Hartman, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B12-15.004 Provider Approval and Renewal.

(1) The Board approves those courses Courses sponsored by a college or university that is accredited by an accrediting agency approved by the U.S. Department of Education, or the Council on Post- Secondary Education, shall be reviewed for approval by the Board. Attendance by the licensee must be properly certified by the program provider as set forth in subsection 64B12-15.003(7), F.A.C.

(2) Any provider seeking approved provider status shall:

(a) Complete and submit an application form to the Board. The application must be received by the Board at least 90 days prior to the date upon which the applicant seeks approval.

(b) No Change.

(3) No Change.

(4) All Pprograms or courses to be presented by an approved provider must meet the criteria of the Board, as set forth in Rule 64B12-15.003, F.A.C., and must be formally approved by the Board prior to the program being offered for continuing education credit.

(5) The Board retains the right and authority to audit and/or monitor programs given by any provider. Monitoring of programs may be without notice to the provider. The mMonitor shall file a written report with the Committee on Continuing Education be appointed by the Board chair and a written report will be submitted to the continuing education committee upon conclusion. The Board shall use the reports when evaluating the program for subsequent renewal approval. The Board shall also disapprove any and all credit for the program if there is a failure to meet the criteria of Rules 64B12-15.003 and 64B12-15.004, F.A.C.

(6) Any person, monitor, or board member attending a continuing education program who believes that the approved provider is not in compliance with Chapter 484, F.S., any rule of the Board or Department, or pertinent statutory provisions may file a complaint with the Department for action against the provider and/or the responsible Florida-licensed optician pursuant to Section 456.073, F.S.

(7) No Change.

Rulemaking Authority 484.005, 484.008(3) FS. Law Implemented 484.008(3) FS. History–New 10-12-80, Formerly 21P-15.04, Amended 3-5-87, 1-6-88, 3-30-89, 5-2-89, 6-11-92, Formerly 21P-15.004, Amended 9-14-93, Formerly 61G13-15.004, Amended 4-18-96, 7-10-97, Formerly 59U-15.004, Amended 8-6-97, 12-31-00, 9-4-05, ____________.

 

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 27, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2021