Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Opticianry
RULE NO.: RULE TITLE:
64B12-9.0015: Application for Examination and Licensure
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify the application process and requirements for licensure examination; to update and incorporate by referenced form DH-MQA 1065, “Application for Licensure Examination”; and to renumber the rule accordingly.
SUMMARY: The rule amendment will delete unnecessary language and to add new language to clarify the application process and requirements for licensure examination; to update and incorporate by reference form DH-MQA 1065, “Application for Licensure Examination”; and to renumber the rule accordingly.
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:

64B12-9.0015 Application for Examination and Licensure

(1) Any person seeking licensure as an optician shall submit to the Board a completed application to take the examination on Form DH-MQA 1065, Application for Licensure Examination, (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, and the examination fee specified in Rule 64B-1.016, F.A.C., which shall be refunded if the applicant is denied examination or does not timely complete application.

(2) A completed application with appropriate fees shall be received in the Board office at least 60 days prior to the examination.

(2)(3) Any application which is not accompanied with the application appropriate fees shall not be accepted for review and shall be returned to the applicant.

(3)(4) No change.

(4)(5) Upon certifying applicants for the licensure examination, the Board shall also certify applicants for licensure, contingent and effective upon the following:

(a) through (c) No change.

(d) Successful completion of a two-hour live technical practice continuing education course by a Board approved provider,

(e)(d) No change.

(f)(e) No change.

(6) Should the applicant be unable to sit for the examination due to illness, death of a family member, or similar circumstances beyond the applicant’s control, then the examination fee shall be applied to the next examination for which the applicant can sit.

Rulemaking Authority 456.013, 456.017, 456.072, 484.005, 484.007, 484.014(2) FS. Law Implemented 456.013, 456.017, 456.072, 484.007, 484.014(2) FS. History–New 3-30-89, Amended 3-29-92, 2-18-93, Formerly 21P-9.0015, Amended 5-2-94, Formerly 61G13-9.0015, 59U-9.0015, Amended 1-4-98, 11-28-02, 8-28-05, 5-25-09, 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: November 4, 2011