reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.001 - Collection and Payment of Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 484.005 FS. Law Implemented
					 484.005
					 FS.
New 12-6-79, Formerly 21P-11.01, 21P-11.001, 61G13-11.001,
					 59U-11.001, Repealed 6-7-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.002 - Application Fee

Current through Reg. 50, No. 138; July 16, 2024
The application fee shall be $100.00, which shall be
				  non-refundable.
Rulemaking Authority
					 484.005,
					 484.007(1)(a)
					 FS. Law Implemented 484.007(1)(a)
					 FS.
New 12-6-79, Amended 6-30-82, 4-10-85, 1-7-86, Formerly
					 21P-11.02, Amended 7-7-87, 3-30-89, 7-3-91, Formerly 21P-11.002, 61G13-11.002,
					 59U-11.002, Amended 11-14-00, 4-15-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.003 - Active Status Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for biennial renewal of an optician's active status
				  license shall be $125.00.
Rulemaking Authority
					 456.025,
					 456.036,
					 484.005,
					 484.008(1) FS.
					 Law Implemented 484.008(1)
					 FS.
New 12-6-79, Amended 6-30-82, Formerly 21P-11.03, Amended
					 3-30-89, 7-10-89, 7-3-91, Formerly 21P-11.003, 61G13-11.003, Amended 10-24-94,
					 Formerly 59U-11.003, Amended 1-4-98, 2-1-04,
					 4-9-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.004 - Reexamination Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 484.005 FS. Law Implemented
					 484.013(1),
					 484.001
					 FS.
New 12-6-79, Amended 6-30-82, Formerly 21P-11.04, Amended
					 7-7-87, 3-30-89, 21P-11.004, 61G13-11.004, 59U-11.004, Amended 12-27-00,
					 Repealed 4-2-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.0045 - Examination Review Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.017(2),
					 484.005 FS. Law Implemented
					 456.017(2)
					 FS.
New 4-22-90, Formerly 21P-11.0045, 61G13-11.0045,
					 59U-11.0045, Repealed 4-2-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.005 - Retirement Status Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for retirement status of an active or inactive
				  license shall be $50.00.
Rulemaking Authority
					 456.025,
					 484.005 FS. Law Implemented
					 456.036
					 FS.
New 1-17-06.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.008 - Initial Active Status License Fee

Current through Reg. 50, No. 138; July 16, 2024
Persons initially licensed in the first year of a biennial
				  period shall pay the fee established in Rule
				  64B12-11.003, F.A.C. Those
				  persons initially licensed in the second year of the biennium shall pay
				  one-half the fee established in Rule
				  64B12-11.003,
				  F.A.C.
Rulemaking Authority
					 456.025,
					 484.005 FS. Law Implemented
					 456.013
					 FS.
New 4-1-84, Formerly 21P-11.08, 21P-11.008, 61G13-11.008,
					 Amended 10-24-94, Formerly 59U-11.008.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.009 - Renewal of Inactive Status License Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for renewal of an inactive status license shall be
				  $50.00.
Rulemaking Authority
					 456.036,
					 484.005,
					 484.009(2) FS.
					 Law Implemented 456.036,
					 484.009(2)
					 FS.
New 4-1-84, Formerly 21P-11.09, 21P-11.009, 61G13-11.009,
					 Amended 10-24-94, Formerly 59U-11.009.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.0095 - Delinquent Status License Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for a delinquent status license shall be
				  $125.00.
Rulemaking Authority
					 456.036,
					 484.005 FS. Law Implemented
					 456.036
					 FS.
New 10-24-94, Formerly 59U-11.0095, Amended 4-3-06,
					 10-14-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.010 - Reactivation of Inactive Status License Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for reactivation of an inactive status license shall
				  be $200.00.
Rulemaking Authority
					 484.005,
					 484.009(2) FS.
					 Law Implemented 456.036,
					 484.009(2)
					 FS.
New 4-1-84, Formerly 21P-11.10, Amended 7-3-91, Formerly
					 21P-11.010, 61G13-11.010, Amended 10-24-94, Formerly
					 59U-11.010.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.0105 - Change of Status Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for processing a licensee's request to change
				  licensure status at any time other than at the beginning of a licensure cycle
				  shall be $50.00. The licensure cycle shall begin 90 days before the biennial
				  renewal date and end on the biennial renewal date.
Rulemaking Authority
					 456.036(8),
					 484.005 FS. Law Implemented
					 456.036(8)
					 FS.
New 10-24-94, Formerly
					 59U-11.0105.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.012 - Application and Renewal Fees for Continuing Education Providership

Current through Reg. 50, No. 138; July 16, 2024
The application fee for continuing education providership
				  shall be $200.00; the reapplication fee shall be $200.00, both which shall be
				  non-refundable.
Rulemaking Authority
					 484.005,
					 484.008 FS. Law Implemented
					 484.008
					 FS.
New 3-30-89, Amended 7-3-91, Formerly 21P-11.012,
					 61G13-11.012, 59U-11.012.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.013 - Apprentice Registration Fees

Current through Reg. 50, No. 138; July 16, 2024
The registration fee for apprentices shall be
				  $60.00.
Rulemaking Authority
					 456.025(3),
					 484.005,
					 484.007 FS. Law Implemented
					 484.007
					 FS.
New 3-30-89, Formerly 21P-11.013, 61G13-11.013,
					 59U-11.013.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.014 - Application Fees for Board Certified Opticians

Current through Reg. 50, No. 138; July 16, 2024
The application fee to become a Board Certified Optician
				  shall be $50.00, which shall be non-refundable.
Rulemaking Authority
					 456.025(3),
					 484.002,
					 484.005 FS. Law Implemented
					 484.002
					 FS.
New 3-30-89, Formerly 21P-11.014, 61G13-11.014,
					 59U-11.014.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.015 - Administrative Fees for Apprenticeships (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 484.005,
					 484.007 FS. Law Implemented
					 484.007(1)(d)
					 FS.
New 4-22-90, Formerly 21P-11.015, 61G13-11.015, Amended
					 12-4-95, Formerly 59U-11.015, Repealed
					 2-1-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.017 - Duplicate License Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.025(11),
					 484.005 FS. Law Implemented
					 456.025(11)
					 FS.
New 2-23-93, Formerly 21P-11.017, 61G13-11.017, 59U-11.017,
					 Amended 10-29-02, 1-17-06, Repealed
					 12-10-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.018 - Unlicensed Activity Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.065,
					 484.005 FS. Law Implemented
					 456.065
					 FS.
New 4-17-94, Formerly 61G13-11.018, 59U-11.018, Repealed
					 3-16-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-11 - FEE SCHEDULE › Section 64B12-11.046 - Examination Rescheduling Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 484.005 FS. Law Implemented
					 484.005,
					 484.007(1)
					 FS.
New 12-4-95, Formerly 59U-11.046, Repealed
					 3-17-99.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-12 - INACTIVE LICENSES; RENEWAL, REACTIVATION AND EXPIRATION › Section 64B12-12.006 - Active Status License Renewal

Current through Reg. 50, No. 138; July 16, 2024
The agency shall renew an active status license to practice
				  opticianry upon timely receipt of the complete application for active status,
				  the biennial renewal fee, and certification that the licensee has satisfied the
				  continuing education requirements of Rule
				  64B12-15.001, F.A.C. For the
				  purpose of this section, a complete application shall be a license renewal form
				  provided by the agency.
Rulemaking Authority
					 456.036,
					 484.005 FS. Law Implemented
					 456.036,
					 484.008
					 FS.
New 2-15-95, Formerly
					 59U-12.006.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-12 - INACTIVE LICENSES; RENEWAL, REACTIVATION AND EXPIRATION › Section 64B12-12.007 - Inactive Status License

Current through Reg. 50, No. 138; July 16, 2024
Any licensee may elect at the time of license renewal to
				  place the license into inactive status by filing with the board a complete
				  application for inactive status and paying the inactive status fee. For the
				  purpose of this section, a complete application shall be a renewal form
				  provided by the agency on which the licensee affirmatively elects inactive
				  status.
Rulemaking Authority
					 456.036(3),
					 (5),
					 484.005 FS. Law Implemented
					 456.036(3),
					 (5),
					 484.009
					 FS.
New 2-15-95, Formerly 59U-12.007, Amended 8-6-97,
					 6-25-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-12 - INACTIVE LICENSES; RENEWAL, REACTIVATION AND EXPIRATION › Section 64B12-12.008 - Reactivation of an Inactive License

Current through Reg. 50, No. 138; July 16, 2024
An inactive status license may change to active status at
				  anytime provided the licensee:
(1)
				Submits a written request for reactivation;
(2) Demonstrates compliance with the
				continuing education requirements of Rule
				64B12-15.001, F.A.C., for the
				biennium the license was in inactive status;
(3) Pays the reactivation fee set forth in
				Rule 64B12-11.010, F.A.C.;
				and,
(4) Pays the applicable
				renewal fee:
(a) If the reactivation request
				is received during the license renewal cycle, pays the active renewal fee set
				forth in Rule 64B12-11.003, F.A.C.,
				or
(b) If the reactivation request
				is received at any other time than at the time of license renewal, pays the
				difference between the inactive renewal fee and the active renewal fee and the
				change of status fee set forth in Rule
				64B12-11.0105,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-12 - INACTIVE LICENSES; RENEWAL, REACTIVATION AND EXPIRATION › Section 64B12-12.009 - Delinquent License

Current through Reg. 50, No. 138; July 16, 2024
(1) The failure of
				any licensee to elect active or inactive status before the license expires
				shall cause the license to become delinquent.
(2) Once the license becomes delinquent, the
				delinquent licensee must affirmatively apply for active or inactive status
				during the biennium in which the license becomes delinquent. Failure by the
				delinquent licensee to renew before the expiration of the biennium shall render
				the license null and void without further action by the Board or the
				Department.
(3) The delinquent
				licensee who applies for active or inactive license status shall:
(a) Submit to the Board a written request for
				either active status or inactive status;
(b) If active is requested, demonstrate
				compliance with the continuing education requirements for each year, or part
				thereof, the license is delinquent as set forth in Rule
				64B12-15.001, F.A.C.;
(c) Pay to the Board the delinquent fee as
				set forth in Rule 64B12-11.0095, F.A.C.;
(d) Pay to the Board either the active status
				or inactive status renewal fee; and,
(e) If applicable, pay to the Board the
				change of status fee as set forth in Rule
				64B12-11.0105,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-12 - INACTIVE LICENSES; RENEWAL, REACTIVATION AND EXPIRATION › Section 64B12-12.010 - Reactivation of Retired Status License

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any licensee may elect at the time of licensure renewal to place the license on
				retired status by paying the retired status fee of $50.00.
(2) A retired status licensee may change to
				active status provided:
(a) If the license has
				been in retired status for 10 years or less, the licensee must meet the
				continuing education requirements of rule
				64B12-15.001, F.A.C., for each
				biennium the licensee was in retired status and paid all past renewal
				fees;
(b) If the license has been
				in retired status for more than 10 years, the licensee must retake and pass the
				initial examination for licensure, as set forth in rule
				64B12-9.001, F.A.C., and retake
				an approved laws and rules course, as set forth in rule
				64B12-9.0016,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-14 - STANDARDS OF PRACTICE FOR BOARD CERTIFIED OPTICIANS › Section 64B12-14.002 - Application for Board Certification and Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensed optician who wishes to be
				certified by the Board to be qualified to independently fill, fit, adapt or
				dispense soft contact lenses pursuant to section
				484.002, F.S., and subsection
				64B12-10.009(2),
				F.A.C, shall submit to the Board, Form MQA 1194, Optician Application for Board
				Certification, (revised 07/19), which is hereby adopted and incorporated by
				reference, and can be obtained from the Board of Opticianry's website at
www.doh.state.fl.us/mqa/opticianry
or at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11265
.
				The application shall be accompanied by the fee specified in rule
				64B12-11.014, F.A.C., which is
				non-refundable.
(2) To assure
				up-to-date training and current competency prior to Board Certification,
				applicants for Board Certification must complete the course required by rule
				64B12-14.004, F.A.C., within a
				period of no more than 2 years prior to application.
(3) Any applicant whose application or
				qualifications submitted raises questions regarding the ability to practice
				safely as a Board Certified Optician shall be required to personally appear
				before the Board to answer questions which are reasonably related to issues
				raised by the application, qualifications and ability to practice safely as a
				Board Certified Optician.
(4) Board
				Certified Opticians must renew their certification biennially by providing to
				the Department proof of compliance with the continuing education requirements
				of rule 64B12-15.001,
				F.A.C.
Rulemaking Authority
					 484.005(1) FS.
					 Law Implemented 484.002(6),
					 484.005(1)
					 FS.
New 3-5-87, Amended 3-30-89, 1-30-91, Formerly 21P-14.002,
					 61G13-14.002, 59U-14.002, Amended 10-12-97, 9-4-05, 10-13-09,
					 12-12-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-14 - STANDARDS OF PRACTICE FOR BOARD CERTIFIED OPTICIANS › Section 64B12-14.004 - Board Certification Course Requirements and Course Approval

Current through Reg. 50, No. 138; July 16, 2024
Applicants for Board Certification must submit with their
				  application proof of satisfactory completion of Board approved courses which
				  meet the requirements of this rule.
(1) The required total course work must
				consist of 16 classroom hours of instruction and 4 hours of clinical
				training.
(2) Classroom instruction
				must include the following components in the specified hours:
(a) 2 hours contact lens theory;
(b) 2 hours pre- and post-fitting customer
				observation, evaluation and record keeping;
(c) 2 hours customer follow-up care including
				follow-up care that may be required to be performed by the prescribing
				optometrist or medical doctor and referral;
(d) 1 hour contact lens solution
				selection;
(e) 2 hours overview of
				contact lens induced pathology;
(f)
				2 hours ocular surface anatomy;
(g)
				2 hours instrument use and maintenance;
(h) 3 hours basic lens
				fitting.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-15 - CONTINUING EDUCATION › Section 64B12-15.003 - Standards for Continuing Professional Education

Current through Reg. 50, No. 138; July 16, 2024
(1) Each credit hour of continuing
				professional education submitted to fulfill biennial requirements shall consist
				of at least 50 minutes of classroom instruction.
(2) Credit for continuing education courses
				shall be limited to 8 hours taken in a 24-hour period.
(3) Continuing professional education courses
				must contribute to the advancement, extension or enhancement of professional
				skills and knowledge in the practice of opticianry or the management of a
				practice. For biennial renewal, twenty hours of continuing education shall be
				required as follows:
(a) Eleven (11) hours
				must be directly related to the technical practice of opticianry. If the
				licensee is a Board Certified Optician, four (4) of those eleven (11) hours
				shall consist of technical courses related to contact lens theory and
				practice;
(b) Two (2) hours must
				include the subject of Federal or Florida laws and administrative rules
				governing the profession;
(c) For
				the first renewal in which a licensee is required to take continuing education,
				one (1) hour of continuing education instruction must be on Human
				Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
				(HIV/AIDS);
(d) Two (2) hours must
				relate to the prevention of medical errors. The course must be approved by the
				Board and shall include a study of root-cause analysis, error reduction and
				prevention, and patient safety; and,
(e) Two hours of continuing education in risk
				management per biennium shall be granted for attendance at a regularly
				scheduled board meeting where disciplinary action is being taken except that
				licensees appearing before the board on any disciplinary proceeding shall not
				be entitled to claim two hours of continuing education for that particular
				board meeting. Any licensee claiming two hours of continuing education under
				this section shall prepare a written statement detailing the date and location
				of said board meeting and the hours attended at said board meeting. Said
				written statement shall be used to report continuing education pursuant to Rule
				64B12-15.001, F.A.C.
(f) Five (5) hours shall be electives
				consisting of courses in one (1) or more of the subjects of categories
				paragraph (a), (b), (c) or (e), above, or subjects relating to management of a
				practice from a business perspective including sales and marketing, business
				and finance, personnel management, stress management, risk management, fire
				prevention or disaster planning, or for attending a board meeting as provided
				herein.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-15 - CONTINUING EDUCATION › Section 64B12-15.004 - Provider Approval and Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Courses sponsored by a college or university that is accredited by an
				accrediting agency approved by the U.S. Department of Education, or the Council
				on Post-Secondary Education, shall be reviewed for approval by the Board.
				Attendance by the licensee must be properly certified by the program provider
				as set forth in subsection
				64B12-15.003(7),
				F.A.C.
(2) Any provider seeking
				approved provider status shall:
(a) Complete
				and submit an application to the Board. The application must be received by the
				Board at least 90 days prior to the date upon which the applicant seeks
				approval.
(b) Pay the required fee
				as set forth in Rule 64B12-11.012,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-15 - CONTINUING EDUCATION › Section 64B12-15.007 - Requirements for Approved Providers

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Approved providers must comply with the following requirements to maintain
				their status:
(a) Assure that each course
				offered complies with Rule
				64B12-15.003, F.A.C.
(b) Comply with all provisions of this
				Chapter, the rules of the Board and Department and applicable statutory
				provisions.
(c) All advertising for
				courses shall contain the approved provider's assigned provider number and
				shall not contain any false, deceptive or misleading material.
(d) Provide to the Board or Department any
				information requested regarding compliance with this chapter, the rules of the
				Department or Board and pertinent statutory provisions. All such information
				requested shall be reasonably related to the Board's and Department's duty to
				review and monitor approved providers.
(e) Provide that course offerings are
				reasonably accessible to all licensed opticians and not solely to those who
				maintain membership in various organizations. Although reasonable fee variances
				for participants are permitted, excessive fee variances among participants are
				prohibited.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-15 - CONTINUING EDUCATION › Section 64B12-15.008 - Courses Without Classroom Instruction

Current through Reg. 50, No. 138; July 16, 2024
(1) Continuing professional education courses
				which do not provide a classroom experience for participants, and do not
				monitor attendance, including but not limited to digital media courses,
				mail-order courses, computer interactive courses, home-study, directed study
				and other self-education courses shall not qualify for credit hours, regardless
				of the provider, unless the following conditions are met:
(a) All materials to be provided to the
				participant for each course including the course examination shall be submitted
				to the Board for review, approval and designation of credit hours at least 90
				days prior to its being offered to the public for continuing education
				credit.
(b) Each course shall be
				designed to maximize participant involvement in the learning process.
(c) Each course shall require an examination
				thoroughly testing the participant's knowledge of course material. Examination
				answers may not be provided to the participant. Examinations must be graded by
				the provider.
(d) Participants must
				pass the examination in order to receive continuing professional education
				credit for the course. Re-examination of a participant who has failed the
				examination is prohibited.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-16 - APPRENTICESHIP › Section 64B12-16.004 - Termination of Apprenticeship

Current through Reg. 50, No. 138; July 16, 2024
(1) If an
				apprentice terminates apprenticeship with a sponsor upon completion of the
				program hours, or the sponsor is no longer providing training to an apprentice,
				the apprentice shall submit to the Department within 30 days from the date of
				the termination the completed Apprenticeship Sponsor Report Form DH-MQA 1063,
				(revised 10/2022), hereby adopted and incorporated by reference, that can be
				obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-14988
or at the Board's website at
http://www.floridaopticianry.gov
.
(2) Failure to comply with the requirements
				of this rule shall subject the apprentice to discipline or denial of
				licensure.
Rulemaking Authority
					 484.005,
					 484.007(1) FS.
					 Law Implemented 484.007(1)(d)4. FS.
New 10-12-80, Formerly 21P-16.04, Amended 3-5-87, 3-30-89,
					 Formerly 21P-16.004, 61G13-16.004, Amended 7-10-97, Formerly 59U-16.004,
					 Amended 6-25-02, 2-28-19, 1-16-22,
					 1-16-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-16 - APPRENTICESHIP › Section 64B12-16.008 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Apprentices and sponsors shall comply
				with the provisions of this chapter, the rules of the Department and the Board,
				and Chapters 456 and 484, F.S.
(2)
				Failure to adhere to these standards is a violation of Chapters
				456.072 and
				484.014, F.S., and shall subject
				either the apprentice or the sponsor, or both, to disciplinary
				action.
(3) The sponsor and the
				apprentice shall supply to the Board all information requested as set forth in
				Rule 64B12-16.009, F.A.C., which
				reasonably relates to the apprenticeship program and the Board's duty to
				properly monitor the program for compliance with program standards. The
				completed Apprenticeship Sponsor Attestation form must be provided within six
				months of the apprentice's completion of the program or credits will not be
				counted.
(4) If an Apprenticeship
				Sponsor Attestation Form is not in compliance with this chapter, the rules of
				the Department and the Board and Chapters 456 and 484, F.S., the Board shall
				deny credit for hours of apprenticeship claimed and/or the Board, the
				Apprentice Review Committee or Board staff shall initiate a complaint against
				the licensee who appears to be in violation.
Rulemaking Authority
					 484.005,
					 484.007(1) FS.
					 Law Implemented 484.007(1)(d)4. FS.
New 10-12-80, Formerly 21P-16.08, Amended 3-5-87, 5-13-90,
					 9-30-92, Formerly 21P-16.008, Amended 5-2-94, Formerly 61G13-16.008, Amended
					 2-21-96, 4-10-97, Formerly 59U-16.008, Amended
					 1-12-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-16 - APPRENTICESHIP › Section 64B12-16.009 - Required Sponsor Time Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				licensed optician, optometrist or physician who undertakes sponsorship of an
				apprentice shall maintain accurate and complete records of time worked by the
				apprentice.
(2) The records shall
				include the dates and times of actual work hours and the location where the
				work was performed.
(3) The sponsor
				shall maintain these apprentice work records for a period of 6 years from the
				date the sponsor undertook the apprentice's training or for one year subsequent
				to the date the apprentice is licensed as an optician, whichever occurs
				first.
(4) These records shall be
				maintained for the required period, even if apprenticeship is
				terminated.
(5) The sponsor shall
				provide copies of these time records to the apprentice upon the apprentice's
				request and payment of reasonable copying costs.
(6) The sponsor shall provide copies of these
				time records to the Board upon request.
(7) Failure to comply with the requirements
				of this rule will subject the sponsor to discipline up to, and including,
				denial of sponsorship status.
Rulemaking Authority
					 484.005,
					 484.007(1) FS.
					 Law Implemented 484.007(1)(d)4. FS.
New 8-2-87, Amended 1-26-88, 9-30-92, Formerly 21P-16.009,
					 61G13-16.009, 59U-16.009, Amended
					 8-1-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-2 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES › Section 64B13-2.008 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination as to whether probable cause exists to believe that a violation
				of the provisions of Chapter 456, or 463, F.S., or of the rules promulgated
				thereunder, has occurred shall be made by the probable cause panel of the
				Board.
(2) The probable cause panel
				shall be composed of at least two (2) present or former members of the Board of
				Optometry. At least one member of the panel must be a current Board member. At
				least one member shall be a present or former lay member, if available, willing
				to serve, and authorized by the Chair.
Rulemaking Authority
					 456.073(4),
					 463.005 FS. Law Implemented
					 456.073(4)
					 FS.
New 11-13-79, Formerly 21Q-2.08, 21Q-2.008, 61F8-2.008,
					 Amended 5-29-95, Formerly 59V-2.008, Amended
					 12-24-97.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-2 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES › Section 64B13-2.009 - Meetings and Committees

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				shall hold such meetings during the year as it may deem necessary, one of which
				shall be the annual meeting. The Chairman is authorized to appoint committees,
				composed of members of the Board, to assist in the performance of the Board's
				functions. The Committee shall hold such meetings as deemed
				necessary.
(2) The following shall
				be considered to be official business involving the Board for which
				compensation may be received:
(a) Board
				meetings.
(b) Meetings of
				Committees appointed pursuant to subsection (1) of this rule.
(c) Meetings of a Board member with
				Department of Health staff or contractors of the Department.
(d) Meetings attended by a Board member where
				the attendance and participation of the Board member at the meeting has been:
1. Requested or approved by the secretary of
				the State Surgeon General or the Board; and,
2. The Board member's participation at the
				meeting is related to the Board's authority as set forth in Chapter 463,
				F.S.
(e) Probable Cause
				Panel Meetings.
(f) Telephone
				conference calls may still be utilized to conduct business of the Board;
				however compensation may not be received for such calls.
(g) Other business involving the Board. The
				phrase "other business involving the board" shall include the participation in
				any Board activity approved by the Board which relates to the Board's duty,
				responsibility or authority as set forth in Chapter 463 or 456, F.S. However,
				telephone conference calls utilized to conduct other business involving the
				board will not be compensated.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-2 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES › Section 64B13-2.011 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Optometry invites and encourages all members of
				  the public to provide comment on matters or propositions before the Board or a
				  committee of the Board. The opportunity to provide comment shall be subject to
				  the following:
(1) Members of the
				public will be given an opportunity to provide comment on subject matters
				before the Board after an agenda item is introduced at a properly noticed board
				meeting.
(2) Members of the public
				shall be limited to 3 minutes to provide comment. This time shall not include
				time spent by the presenter responding to questions posed by Board members,
				staff or board counsel. The chair of the Board may extend the time to provide
				comment if time permits.
(3) A
				member of the public shall notify board staff in writing of his or her interest
				to be heard on a proposition or matter before the Board. The notification shall
				identify the person or entity, indicate support, opposition, or neutrality, and
				identify who will speak on behalf of a group or faction of persons consisting
				of three or more persons. Any person or entity appearing before the Board may
				use a pseudonym if he or she does not wish to be
				identified.
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 5-5-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-2 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES › Section 64B13-2.017 - Time for Payment of Civil Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.072(4),
					 463.005 FS. Law Implemented
					 456.072(4),
					 463.016(2)
					 FS.
New 12-11-79, Amended 7-29-85, Formerly 21Q-2.17, Amended
					 7-11-88, Formerly 21Q-2.017, 61F8-2.017, 59V-2.017, Repealed
					 6-8-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.001 - Confidential Information; Disclosure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 456.057,
					 463.005(1)
					 FS.
New 11-13-79, Formerly 21Q-3.01, Amended 12-16-86, Formerly
					 21Q-3.001, 61F8-3.001, Amended 2-14-96, Formerly 59V-3.001, Repealed
					 2-28-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.002 - Responsibility to Patient

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensed
				practitioner shall have an established procedure appropriate for the provision
				of eye care to his/her patients in the event of an emergency outside of normal
				professional hours, and when the licensed practitioner is not personally
				available. Since the licensed practitioner's continuing responsibility to the
				patient is of a personal professional nature, no licensed practitioner shall
				primarily rely upon a hospital emergency room as a means of discharging this
				responsibility.
(2) Patient records
				shall clearly identify the optometrist who examined or treated the patient on
				each separate occasion.
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.005(1),
					 463.0135
					 FS.
New 11-13-79, Formerly 21Q-3.02, Amended 12-16-86, Formerly
					 21Q-3.002, Amended 3-16-94, Formerly 61F8-3.002, Amended 12-31-95, Formerly
					 59V-3.002, Amended 8-25-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.003 - Patient Records; Transfer or Death of Licensed Practitioner

Current through Reg. 50, No. 138; July 16, 2024
(1) The licensed practitioner must legibly
				sign the entry in his or her records for each patient encounter. If the
				practitioner maintains electronic patient records, the practitioner must
				manually sign or affix an electronic signature which can be generated by using
				either public key infrastructure or signature dynamics technology, and meets
				the following criteria:
(a) The electronic
				signature is unique to the person using it;
(b) The electronic signature is capable of
				verification;
(c) The electronic
				signature is under the sole control of the person using it;
(d) The electronic signature is linked to the
				record in such a manner that the electronic signature is invalidated if any
				data in the record are changed.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.004 - Minimum Equipment Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following shall constitute the minimum equipment which a
				  licensed practitioner must possess in each office in which he or she engages in
				  the practice of optometry:
(1)
				Ophthalmoscope;
(2)
				Tonometer;
(3)
				Retinoscope;
(4) Ophthalmometer,
				keratometer or corneal topographer;
(5) Biomicroscope;
(6) Phoropter or trial frame, trial lenses
				and prisms;
(7) Standard charts or
				other standard visual acuity test;
(8) Field testing equipment (other than that
				used for a confrontation test).
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.005(1)(b)
					 FS.
New 11-13-79, Formerly 21Q-3.04, Amended 12-16-86, 7-11-88,
					 Formerly 21Q-3.004, 61F8-3.004, 59V-3.004, Amended
					 11-16-05.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.005 - Entrance Sign

Current through Reg. 50, No. 138; July 16, 2024
Whenever a licensed practitioner is actively engaged in the
				  practice of optometry, or actively holding himself or herself out as a
				  practitioner, he or she shall cause to be placed or kept in a conspicuous place
				  at each entrance to each office a sign which lists each licensed practitioner's
				  name and words of proper abbreviation or intelligible lettering clearly
				  denoting that the practitioner is engaged in the practice of
				  optometry.
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.005(1),
					 463.014(1)(a)
					 FS.
New 11-13-79, Formerly 21Q-3.05, Amended 12-16-86, Formerly
					 21Q-3.005, 61F8-3.005, 59V-3.005, Amended
					 1-2-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.006 - Licenses and Signs in Office

Current through Reg. 50, No. 138; July 16, 2024
A licensed practitioner who is not a certified optometrist
				  shall display at every location at which he or she practices optometry a sign
				  in at least Times New Roman 40 point font size or Courier New 44 point font
				  size which states:
"I am a Licensed Practitioner, not a Certified Optometrist,
				  and I am not able to prescribe ocular pharmaceutical agents."
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.002(3),
					 463.011,
					 463.055
					 FS.
New 11-13-79, Amended 3-13-81, 6-29-82, Formerly 21Q-3.06,
					 Amended 12-16-86, 2-13-90, Formerly 21Q-3.006, 61F8-3.006, 59V-3.006, Amended
					 11-13-06, 4-17-13, 8-25-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.007 - Minimum Procedures for Comprehensive Eye Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) A comprehensive eye
				examination is defined as a comprehensive assessment of the patient's visual
				status and shall include those procedures specified in subsection (2),
				below.
(2) A comprehensive eye
				examination shall include the following minimum procedures, which shall be
				recorded on the patient's case record:
(a)
				Patient's history (personal and family medical history, personal and family
				ocular history, and chief complaint);
(b) Visual acuity (unaided and with present
				correction at initial presentation; thereafter, unaided or with present
				correction);
(c) External
				examination;
(d) Pupillary
				examination;
(e) Visual field
				testing (confrontation or other);
(f) Internal examination (recording, optic
				nerve health, blood vessel status, macula health, and any
				abnormalities);
(g) Biomicroscopy
				(binocular or monocular);
(h)
				Tonometry; (with time of measurement);
(i) Refraction (with recorded visual
				acuity);
(j) Extra ocular muscle
				balance assessment;
(k) Other tests
				and procedures that may be indicated by case history or objective signs and
				symptoms discovered during the comprehensive eye examination;
(l) Diagnosis and treatment
				plan.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.008 - Corporate, Lay, and Unlicensed Practice of Optometry Prohibited

Current through Reg. 50, No. 138; July 16, 2024
(1) No licensed practitioner shall enter into
				any agreement which limits or adversely affects the licensed practitioner's
				independent professional judgment and responsibility, or which allows, permits,
				or facilitates any entity which itself is not a licensed practitioner to
				practice optometry, to offer optometric services to the public through the
				licensed practitioner, or to control through any means whatever any aspect of
				the practice of optometry. The professional judgment of the licensed
				practitioner must be exercised solely for the benefit of his/her patients, and
				shall be free from any compromising control, influences, obligations, or
				loyalties.
(2) "Other means or
				inducement" shall include the provision of equipment or leased space to a
				licensed practitioner, if the provision of such equipment or leased space is
				dependent upon the licensed practitioner's agreement to or forbearance of any
				term or condition relative to his/her practice of optometry.
(3) For the purposes of this rule, "entity
				which itself is not a licensed practitioner" shall refer to any corporation,
				lay body, organization, individual, or commercial or mercantile establishment
				which is not a licensed practitioner or which is not comprised solely of
				licensed health care professionals, the primary objective of whom is the
				diagnosis and treatment of the human body.
(4) For the purposes of this rule, "control"
				shall mean to exercise authority or dominating influence over; having the
				authority or ability to regulate, direct, or dominate.
(5) For the purposes of this rule, the terms
				"any aspect of the practice of optometry" and "any term or condition relative
				to his/ her practice of optometry" shall include:
(a) The type, extent, availability, or
				quality of optometric services;
(b)
				The type of ophthalmic materials available, prescribed, or dispensed;
(c) Files and records relating to patients
				and the optometric practice;
(d)
				Optometric prescriptions;
(e)
				Scheduling and availability of optometric services;
(f) Time limitations on patient
				examinations;
(g) Volume of
				optometric patients;
(h) Fee
				schedules for optometric services and materials, and the establishment thereof,
				including billing methods; and,
(i)
				Information disseminated to the public regarding optometric
				services.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.009 - False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in the rules
				of this Board, the terms "advertisement" and "advertising" shall mean any
				statements, oral or written, disseminated to or before the public or any
				portion thereof, with the intent of furthering the purpose, either directly or
				indirectly, or of selling professional services or ophthalmic goods, or
				offering to perform professional services, or inducing members of the public to
				enter into any obligation relating to such professional services. The licensed
				practitioner has the duty to review and proof all advertisements prior to
				publication, and is fully responsible for the content therein.
(2) All advertisements must clearly denote
				with words or proper abbreviation that the practitioner is engaged in the
				practice of optometry.
(3) Any
				advertisement for free or discounted services must contain the disclaimer
				required by Section  456.062, F.S., no less than
				Times New Roman 6 point font size.
(4) When determining what constitutes
				fraudulent, false, deceptive, or misleading advertisement, the Board shall be
				guided by applicable federal and state statutes, rules and court
				decisions.
Rulemaking Authority
					 463.005 FS. Law Implemented
					 456.062,
					 456.072(1)(a),
					 (m),
					 463.014,
					 463.016(1)(f),
					 (g)
					 FS.
New 11-13-79, Amended 4-17-80, 8-20-81, Formerly 21Q-3.09,
					 Amended 1-8-86, 12-16-86, Formerly 21Q-3.009, 61F8-3.009, 59V-3.009, Amended
					 1-2-02, 11-13-06, 11-5-07, 4-21-10, 10-13-10,
					 8-25-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.010 - Standards of Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) An optometrist
				shall not use or perform any technique, function, or mode of treatment which
				the optometrist is not professionally competent to perform. Professional
				competence as used in this rule may be acquired by formal education, supervised
				training and experience, continuing education programs which have been approved
				by the Board, or an appropriate combination of such means.
(2) An optometrist shall provide that degree
				of care which is full and complete, consistent with the patient conditions
				presented, the professional competency of the optometrist, and the scope of
				practice of optometry. An optometrist shall advise or assist her or his patient
				in obtaining further care when, in the professional judgment of the
				optometrist, the service of another health care practitioner is
				required.
(3) Certified
				optometrists employing the topical ocular pharmaceuticals listed in subsection
				 64B13-18.002(8),
				F.A.C., Anti-Glaucoma Agents, shall comply with the following:
(a) Upon initial diagnosis of glaucoma of a
				type other than those specifically listed in section
				 463.0135(2),
				F.S., the certified optometrist shall develop a plan of treatment and
				management.
1. The plan will be predicated
				upon the severity of the existing optic nerve damage, the intraocular pressure,
				and stability of the clinical course.
2. In the event the certified optometrist
				cannot otherwise comply with the requirements of Sections
				 463.016(1)(s),
				and  463.0135(1),
				F.S., a co-management plan shall be established with a physician skilled in the
				diseases of the human eye and licensed under Chapter 458 or 459,
				F.S.