Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance
RULE NO: RULE TITLE
64B-1.003: Examination Administration
PURPOSE AND EFFECT: It is the purpose of this rule to implement the changes made to Chapter 456, F.S., and to adopt “General Administration Manual for Examinations”, 2008.
SUMMARY: The proposed amendments will affect and clarify procedures for candidates who arrive late for an examination administration. The proposed amendments will affect the time frame that a candidate can re-examine after failure of an examination. The proposed amendments will also adopt the 2008 version of the “General Administration Manual for Examinations”.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.004(5), 456.017(1)(a),(d),(f) FS.
LAW IMPLEMENTED: 456.017(1)(a),(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Wenhold, Manager of Testing Services, Division of Medical Quality Assurance, Bureau of Operations, 4052 Bald Cypress Way, Mail Bin C-90, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-1.003 Examination Administration.

Unless the national examination requires a different set of administration procedures, the following procedures shall be followed for any examination administered by the department or its contract provider.

(1) All examinations will be administered in accordance with the department’s “General Administration Manual for Examinations,” 2008 2007 , incorporated herein by reference, and can be obtained from the Division of Medical Quality Assurance, Bureau of Operations, Testing Services, 4052 Bald Cypress Way, Bin C-90, Tallahassee, Florida 32399-3290.

(2) During the examination, the candidates will follow the instructions given by the examination administrator. The instructions shall be provided to the candidates in either written or oral form by the examination administrator.

(3) The department’s valid admission slip for the specified examination and a government-issued photo identification such as a valid driver’s license or passport, shall be presented in order to gain admission to the examination. A government-issued photo identification shall be acceptable in the absence of the admission slip provided the candidate’s name appears on the examination admission roster that has been prepared for the specific examination. Department contracted vendors may require additional forms of identification for security purposes.

(4) If the candidate arrives at the designated testing location after the designated starting time, the candidate shall not be permitted to take the examination. However, if the examination has not begun, the examination administrator may will attempt reasonable accommodations.

(a) Candidates sitting for paper and pencil examinations will be permitted to take the examination only after signing a statement indicating the candidate’s late arrival time and the candidate’s agreement that he/she will have only the remaining designated time in the examination to complete the examination. No late arriving candidate for paper and pencil examinations will be permitted to take that examination if:

1. The candidate refuses to sign such a statement, or

2. At the time the late candidate arrives, any other candidate has already finished the examination and left the examination room.

In either case, if the late candidate wants to take the examination, he or she shall apply to the department for scheduling for the next available examination.

(b) For candidates sitting for computer-based testing examinations, reasonable accommodation will be the re-scheduling of the examination by the examination administrator.

(c) Candidates sitting for practical or clinical examinations will not be allowed to take the examination at their scheduled time. If reasonable accommodation is not available at a later time during the scheduled examination and the late candidate wants to take the examination, he or she shall apply to the department for scheduling for the next available examination.

(5) If through some mechanical or clerical error of the department or the contract provider, the candidate does not receive the allotted time to complete the examination, additional time shall be allowed upon approval of the examination administrator.

(6) All examination questions, booklets, answer sheets, electronic files and other examination papers and materials, in any form, are the sole property of the department or the national provider. No candidate shall take any part of the examination questions, booklets, portions thereof, answers sheets, electronic files and/or other examination papers and materials, in any form, from the examination room, or retain, reproduce or compromise the examination in whole or in part by any means or method whatsoever.

(7) Candidates must wait at least 30 days after an examination before they can re-examine.

Specific Authority 456.004(5), 456.017(1)(a),(d),(f) FS. Law Implemented 456.017(1)(a),(d) FS. History–New 9-7-98, Amended 7-20-03, 3-26-07,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Wenhold
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Wenhold
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 14, 2007