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 adopt the Re-Examination Application and to provide the form number and the website address where the form can be downloaded.
SUMMARY: The rule amendment will adopt the Re-Examination Application and to provide the form number and the website address where the form can be downloaded.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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: 456.017(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 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 state examination for licensure shall be required to pay the re-examination fee as set forth in Rule 64B-1.016 64B12-11.004, 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 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 state examination for licensure as described above shall submit to the Board a completed application on Form DH-MQA 1190, Re-Examination Application (revised 03/09), 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.

Rulemaking Specific 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, ________.


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: March 31, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 27, 2009