61-11.008. Licensure Examination Format and Procedures for Candidates with Disabilities (ADA)

(1) The Department of Business and Professional Regulation will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the impairment. Each case will be dealt with on an individual basis within the limits prescribed herein. In the instances of national examinations, guidance will be sought from the national provider. Reference information and guidelines regarding the process for documenting disabilities are contained in Form DBPR 2002-064B, titled “State of Florida Instruction Booklet Request for Examination Accommodations for Examinees with Disabilities,” effective September 2017, and incorporated herein, which may be obtained by writing the Department of Business and Professional Regulation, Attention: Examination Administration, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-08804.

(2) A candidate requesting special accommodation must file Form DBPR 2002-064, titled “Application for Candidate’s Requesting Special Testing Accomodations,” effective June 2012, adopted and incorporated herein by reference, which can be obtained by writing Department of Business and Professional Regulation, Attention: Examination Administration, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-01541, in addition to his or her completed application for licensure examination by the final application deadline of the assigned examination. The candidate must provide the following documentation of his or her disability completed by an appropriate professional.

(a) The diagnosis and length of time with the condition;

(b) The name and the results of the test(s) used for diagnosis; and,

(c) Recommended accommodations and testing environment.

(3) Reasonable and appropriate accommodations will be made for qualifying candidates. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Candidates requiring extra time for the examination must submit a recommendation of such from an appropriate professional. The Department recognizes that reading Braille or using a live reader takes longer than reading regular print. Untimed examinations will not be provided.

(b) Flexible Setting. Individual and small group setting examination administrations shall be available to candidates when such a service is recommended by an appropriate professional.

(c) Flexible Recording of Responses. The candidate’s responses can be recorded by a proctor, a tape recorder, a typewriter, a Braille writer, marked on the examination book, or other method approved by the Department. The proctor may transcribe the candidate’s responses onto a machine scannable answer sheet. In these instances, the candidate will verify that the answers he or she indicated were marked.

(d) Flexible Format. The examination book may be produced in large print, high quality regular print, Braille, or the test may be tape recorded, read aloud, or signed by an interpreter.

(e) Assistive Devices. The candidate, upon approval of the department, will be allowed to use appropriate assistive devices, such as lights, magnifiers, or special computer screens.

(4) The Department shall request further evidence on the necessity of the accommodation when the evidence substantiating the need for the accommodation is not complete. The Department shall request that the applicant submit to another professional evaluation to verify the disability or to determine what accommodations are most appropriate and effective when the initial evaluation is inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(5) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide a candidate with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the examination.

(6) Definition of Terms.

(a) A person with disabilities means any person who:

1. Has a physical, mental, or specific learning disability which presently substantially limits one or more major life activities;

2. Has a record of such a disability, or

3. Is regarded as having such a disability.

(b) Major life activities are activities that an average person can perform with little or no difficulty including walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples of a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes candidates with a hearing or sight disability, or those who will need special accommodation to move about.

(d) A person with a learning disability means any person who has a permanent or temporary mental disability such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder.

(e) For purposes of this rule, “an appropriate professional” means a physician licensed pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine), F.S.; a professional licensed pursuant to Chapter 460 (Chiropractic), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services), F.S.; or appropriately licensed in the state where the certification of disability was performed. Any certification, documentation, or recommendation relating to a candidate’s disability provided by an appropriate professional pursuant to the requirements of this rule must not be beyond the scope permitted by law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform.

Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.08, Amended 6-22-88, Formerly 21-11.008, Amended 2-25-01, 10-22-12, 1-1-18.