Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Optometry
RULE NO: RULE TITLE
64B13-3.007: Minimum Procedures for Comprehensive Eye Examination
64B13-3.010: Standards of Practice
PURPOSE AND EFFECT: The purpose and effect for Rule 64B13-3.007, F.A.C., is to clarify the Board’s intended meaning in subsection 64B13-3.007(6)(b), F.A.C., by changing the word “supplemental” to “consultative”; for Rule 64B13-3.010, F.A.C., it is to provide that engaging in the sale, possession or distribution of controlled substances for any other than legitimate purposes constitutes practicing below the standard of care.
SUMMARY: In Rule 64B13-3.007, F.A.C., the Board’s intended meaning in subsection 64B13-3.007(6)(b), F.A.C., is clarified by changing the word “supplemental” to “consultative”; in Rule 64B13-3.010, F.A.C., it is provided that engaging in the sale, possession or distribution of controlled substances for any other than legitimate purposes constitutes practicing below the standard of care.
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: 463.005(1) FS.
LAW IMPLEMENTED: 463.005(1), 463.0135, 463.016(1)(g), (k) 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: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259

THE FULL TEXT OF THE PROPOSED RULE IS:

64B13-3.007 Minimum Procedures for Comprehensive Eye Examination.

(1) through (5) No change.

(6) The minimum procedures set forth in subsection (2) above shall not be required in the following circumstances:

(a) No change.

(b) When a licensed practitioner or certified optometrist is providing consultative supplemental optometric services on a limited basis at the request of one or more health care practitioners licensed pursuant to Chapter 458, 459, or 463, Florida Statutes. Such services shall be provided with the patient’s full knowledge of the limited nature of the optometric care. The name of the requesting health care practitioner and the optometric care provided shall be noted on the patient’s case record;

(c) through (d) No change.

(7) No change.

Specific Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0135, 463.016(1)(g), (k) FS. History–New 11-13-79, Amended 4-17-80, 7-29-85, Formerly 21Q-3.07, Amended 7-18-90, Formerly 21Q-3.007, 61F8-3.007, 59V-3.007, Amended 4-3-00, 4-5-04, 6-5-06, 11-5-07,_________.

 

64B13-3.010 Standards of Practice.

(1) through (8) No change.

(9) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, F.S., or any other than legitimate purposes, constitutes grounds for disciplinary action by the Board.

Specific Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0135(1), 463.016(1) FS. History–New 9-16-80, Amended 12-20-82, Formerly 21Q-3.10, Amended 7-11-88, 6-18-92, 1-28-93, Formerly 21Q-3.010, Amended 3-16-94, Formerly 61F8-3.010, Amended 8-24-94, 9-21-94, 2-13-95, 12-31-95, Formerly 59V-3.010, Amended 6-15-00, 2-7-01, 11-16-05, 11-5-07, 11-5-07,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Optometry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008