Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Opticianry
RULE NO.: RULE TITLE:
64B12-9.002: Re-Examination
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify the examination application process because a national company is now administering the examination and the application process and requirements have changed. Form DH-MQA 1190, “Re-Examination Application,” will be updated and incorporated by reference into the rule.
SUMMARY: The rule amendment will delete unnecessary language and to add new language to clarify the examination application process because a national company is now administering the examination and the application process and requirements have changed. Form DH-MQA 1190, “Re-Examination Application,” will be updated and incorporated by reference into 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, 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(2), 484.005 FS.
LAW IMPLEMENTED: 456.017(2) 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:

64B12-9.002 Re-Examination

An applicant who fails any portion of the National Commission of State Opticianry and Regulatory Boards (NCSORB) state examination for licensure shall be required to pay the re-examination fee as set forth in Rule 64B-1.016, F.A.C., and to retake only that portion of the examination on which the applicant has not yet achieved a passing grade. However, an applicant may only retake any portion twice and must complete the retake(s) allowed retakes within 2 years of the original failed examination date. An applicant who has not achieved a passing score on all portions of the original examination within 2 years of the original examination date must apply for and take the entire current licensure examination excluding ABO and NCLE, provided current certification is maintained. An applicant seeking to retake any portion of the NCSORB state examination for licensure as described above shall submit to the Board a completed application on Form DH-MQA 1190, Re-Examination Application (revised 11/1109), hereby adopted and incorporated by reference, which can be obtained from the Board of Opticianry’s website at www.doh.state.fl.us/mqa/opticianry. The application shall be accompanied with the application fee specified in Rule 64B12-11.002, F.A.C., which is non-refundable.

Rulemaking Authority 456.017(2), 484.005 FS. Law Implemented 456.017(2) FS. History–New 12-6-79, Amended 8-29-85, Formerly 21P-9.02, Amended 3-10-86, 3-5-87, Formerly 21P-9.002, Amended 5-2-94, Formerly 61G13-9.002, 59U-9.002, Amended 8-28-05, 6-17-09, 5-19-10,________.


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