reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-3 - ADMISSION OF OCCUPATIONAL THERAPY ASSISTANTS › Section 64B11-3.009 - Applicants Seeking Reentry (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.204,
					 468.209 FS. Law Implemented
					 468.209(5)
					 FS.
New 10-29-02, Amended 12-27-05, Repealed
					 2-1-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-3 - ADMISSION OF OCCUPATIONAL THERAPY ASSISTANTS › Section 64B11-3.010 - Definition of Supervised Fieldwork Experience (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.204 FS. Law Implemented
					 468.204,
					 468.207,
					 468.209(1)(c)
					 FS.
New 6-6-07, Amended 10-24-07, Repealed
					 2-1-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.002 - Occupational Therapy Aides and Other Unlicensed Personnel Involved in the Practice of Occupational Therapy

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				occupational therapy aide is an unlicensed person who assists in the practice
				of occupational therapy, who works under the direct supervision of a licensed
				occupational therapist or occupational therapy assistant and whose activities
				require an understanding of occupational therapy but do not require
				professional or advanced training in the basic anatomical, biological,
				psychological, and social sciences involved in the practice of occupational
				therapy. An occupational therapy aide is a worker who is trained on the job to
				provide support services to occupational therapists and occupational therapy
				assistants. The term occupational therapist aide as used in this section means
				any unlicensed personnel involved in the practice of occupational
				therapy.
(2) A licensed
				occupational therapist or occupational therapy assistant may delegate to
				occupational therapy aides only specific tasks which are neither evaluative,
				assessive, task selective nor recommending in nature, and only after insuring
				that the aide has been appropriately trained for the performance of the task.
				All delegated patient related tasks must be carried out under direct
				supervision, which means that the aide must be within the line of vision of the
				supervising occupational therapist or occupational therapy assistant.
(3) Any duties assigned to an occupational
				therapy aide must be determined and appropriately supervised by a licensed
				occupational therapist or occupational therapy assistant and must not exceed
				the level of training, knowledge, skill, and competence of the individual being
				supervised. The licensed occupational therapist or occupational therapy
				assistant is totally and wholly responsible for the acts or actions performed
				by any occupational therapy aide functioning in the occupational therapy
				setting.
(4) Occupational therapy
				aides may perform ministerial duties, tasks and functions without direct
				supervision which shall include, but not be limited to:
(a) Clerical or secretarial
				activities;
(b) Transportation of
				patients/clients;
(c) Preparing,
				maintaining or setting up of treatment equipment and work area;
(d) Taking care of patients'/clients'
				personal needs during treatment.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.0025 - Probable Cause Determination

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 Chapters 456 and 468, F.S., Part III, and the rules
				promulgated pursuant thereto, has occurred shall be made by majority vote of
				the probable cause panel.
(2) The
				probable cause panel shall be composed of two (2) members, one of which must be
				a current board member.
(3) The
				probable cause panel members shall be selected by the Chairman of the Board.
				One (1) of the panel members shall be designated by the Chairman of the Board
				to serve as the presiding officer.
(4) The probable cause panel shall meet at
				such times as called by the presiding officer of the
				panel.
Rulemaking Authority
					 456.073,
					 468.204 FS. Law Implemented
					 456.073
					 FS.
New 9-22-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.003 - Standards of Practice; Discipline

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The purpose of this rule is to notify applicants and licensees of the ranges of
				penalties which will routinely be imposed unless the Board finds it necessary
				to deviate from the guidelines for the stated reasons given within this rule.
				Each range includes the lowest and highest penalty and all penalties falling
				between. The purposes of the imposition of discipline are to punish the
				applicants or licensees for violations and to deter them from future
				violations; to offer opportunities for rehabilitation, when appropriate; and to
				deter other applicants or licensees from violations.
(2) Among the range of discipline including
				any and all in Section
				456.072(2),
				F.S., in increasing severity are:
(a) Letter
				of concern and a minimum administrative fine of $100, remedial education,
				and/or refund of fees billed.
(b)
				Probation with conditions to include limitations on the type of practice or
				practice setting, requirements of supervision, employer and self reports,
				periodic appearances before the Board, counseling or participation in the
				Professionals Resource Network (PRN), payment of administrative fines, and such
				conditions to assure protection of the public. The licensee must choose
				supervisor licensed under Chapter 468, Part III, F.S., who is in good standing
				and without restriction or limitation on his or her license. The supervisor
				should ideally provide such services without compensation. However, the
				licensee may contract with a for-profit entity for a fee. It is the licensee's
				full responsibility to pay for any supervision services. All potential
				supervisors must be approved by the Board before providing services. The Board
				Chair, or any other member designated by the Board, is delegated the authority
				to review all potential supervisors for adequacy. The Board may reject any
				proposed supervisor on the basis that he or she has previously been subject to
				disciplinary action against his or her license in this or any other
				jurisdiction, is currently under investigation, or is the subject of a pending
				disciplinary action. The supervisor must be actively engaged in the same or
				similar specialty area unless otherwise provided by the Board and be practicing
				within a reasonable distance of Respondent's practice, a distance of 50 miles
				unless otherwise specifically approved by the Board. The Board may reject any
				proposed supervisor for good cause shown.
(c) Suspension until the licensee appears
				before the Board to demonstrate current competency and ability to practice
				safely and compliance with any previous Board orders.
(d) Licensure with conditions.
(e) Denial of licensure.
(f) Permanent Revocation.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.0035 - Payment of Fine

Current through Reg. 50, No. 138; July 16, 2024
All fines and assessments of costs imposed by the Board shall
				  be paid within thirty (30) days from the date of the final order entered by the
				  Board unless the final order extends the deadline in any given
				  case.
Rulemaking Authority
					 456.072(4),
					 468.204,
					 468.217 FS. Law Implemented
					 456.072(4),
					 468.217
					 FS.
New 8-27-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.004 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purposes of Section 456.073(3),
				F.S., the Board finds the following first time minor offenses, where there is
				no danger to public health, safety, and welfare and no indication of a serious
				inability to practice the profession, appropriate for notices of noncompliance:
(a) Failure to timely notify the Board of a
				change of address as required by Rule
				64B11-4.007, F.A.C.;
(b) Unintentional violation of Section
				456.072(1)(h),
				F.S., by submitting a worthless check or electronic payment to the Department
				or Board;
(c) Overcharging a
				patient or patient's legal representative for medical records;
(d) Failure to timely pay fines and costs;
				and,
(e) Advertising
				violations.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.006 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Section
				  456.078, F.S., the Board finds
				  the following first time offenses, where harm caused by the licensee is
				  unintentional and economic in nature, can be remedied by the licensee, or is
				  not a standard of care violation involving any type of injury to a patient, are
				  appropriate for mediation:
(1) Failure
				to timely provide records to a patient or patient's legal representative upon
				request as required by Section
				456.057(6),
				F.S.;
(2) Failure to timely notify
				the Board of a change of address as required by Rule
				64B11-4.007, F.A.C.;
(3) Unintentional violation of Section
				456.072(1)(h),
				F.S., by submitting a worthless check or electronic payment to the Department
				or Board;
(4) Overcharging a
				patient or patient's legal representative for medical records;
(5) Failure to timely pay fines and costs;
				and,
(6) Advertising
				violations.
Rulemaking Authority
					 456.078,
					 468.204 FS. Law Implemented
					 456.078
					 FS.
New 12-20-98, Amended 6-11-02, 5-10-05,
					 8-21-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.007 - Address of Licensee

Current through Reg. 50, No. 138; July 16, 2024
Each person holding a license issued pursuant to Part III of
				  Chapter 468, F.S., must maintain on file with the Board a current mailing
				  address at which any notice required by law may be served by the Department,
				  the Board, or its agents, and the address of the current place of practice if
				  different from the current mailing address. The licensee shall notify the Board
				  in writing of any change of address within 60 days, whether or not within this
				  state.
Rulemaking Authority
					 456.035 FS. Law Implemented
					 456.035
					 FS.
New 11-13-01.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.002 - Inactive Status and Renewal of Inactive License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.711 FS. Law Implemented
					 455.711
					 FS.
New 4-17-95, Amended 9-3-95, Formerly 59R-64.010, Repealed
					 3-22-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.003 - Requirements for Reactivation of an Inactive License

Current through Reg. 50, No. 138; July 16, 2024
(1) An inactive license for an occupational
				therapist or occupational therapist assistant shall be reactivated upon
				demonstration that the licensee has satisfied the following requirements:
(a) Paid the reactivation fee and any
				applicable delinquent or renewal fees as set forth in rule
				64B11-5.006, F.A.C.;
(b) Unless exempted by subsection
				64B11-5.001(8),
				F.A.C., completed 26 hours of approved continuing education for each full
				biennium in which the license was in an inactive status and for the last
				biennium in which the licensee held an active status license;
(c) Unless exempted by subsection
				64B11-5.001(8),
				F.A.C., completed a two hour course on laws and rules (as required by
				subsection 64B11-5.001(6),
				F.A.C.) for each full biennium in which the licensee was in an inactive status
				and for the last biennium in which the licensee held an active status license.
				This requirement shall count towards the 26 total biennial hourly requirements,
				as applicable;
(d) Completion of
				two (2) hours of approved continuing education relating to the prevention of
				medical errors, as authorized and prescribed in subsection
				64B11-5.001(6),
				F.A.C., for each full biennium in which the licensee was in an inactive status
				and for the last biennium in which the licensee held an active status
				license.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.004 - Delinquent Status Licenses (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.711 FS. Law Implemented
					 455.711
					 FS.
New 4-17-95, Formerly 59R-64.030, Repealed
					 3-22-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.0041 - Retired Status and Reactivation of Retired Status License; Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee may place an active or
				inactive license in retired status at any time. If the license is placed in
				retired status at the time of renewal the licensee shall pay the retired status
				fee of $50.00. If the license is placed in retired status at any time other
				than at the time of license renewal the licensee shall pay the change of status
				processing fee of $50.00 and the retired status fee of $50.00.
(2) A licensee may reactivate a retired
				status license at any time, subject to meeting the following requirements:
(a) Paying the reactivation fee, which shall
				be the same amount as the renewal fee for an active status licensee under these
				rules for each biennial licensure period in which the licensee was in retired
				status;
(b) Demonstrating
				satisfaction of the continuing education requirements of Rule
				64B11-5.001, F.A.C., for each
				licensure biennial period in which the licensee was in retired
				status.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.005 - Unlicensed Activity Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.065,
					 468.204 FS. Law Implemented
					 456.065
					 FS.
New 4-11-95, Formerly 59R-64.050, Repealed
					 10-4-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.006 - Inactive and Delinquent Status Fees

Current through Reg. 50, No. 138; July 16, 2024
The fees for individuals holding a license pursuant to
				  Section 468.221, F.S., shall be as
				  follows:
(1) The fee for delinquent
				status as set forth in subsection
				456.036(7),
				F.S., shall be $55.00.
(2) The fee
				for reactivation of an inactive license shall be $100.00.
(3) The fee for renewal of an inactive
				license shall be $55.00.
Rulemaking Authority
					 468.221 FS. Law Implemented
					 456.036,
					 468.221
					 FS.
New 4-17-95, Formerly 59R-64.040, Amended 2-7-02, 2-10-03,
					 7-27-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-5 - LICENSURE STATUS AND FEES › Section 64B11-5.0065 - Exemption of Spouse of Member of Armed Forces from License Renewal Requirements

Current through Reg. 50, No. 138; July 16, 2024
A licensee who is the spouse of a member of the Armed Forces
				  of the United States shall be exempt from all licensure renewal provisions for
				  any period of time which the licensee is absent from the State of Florida due
				  to the spouse's duties with the Armed Forces. The licensee must document the
				  absence and the spouse's military status to the Board. If the change of status
				  occurs within the second half of the biennium, the licensee is exempt from the
				  continuing education requirement for that biennium.
Rulemaking Authority
					 456.024(2),
					 468.204,
					 468.219 FS. Law Implemented
					 456.024(2),
					 468.219
					 FS.
New 12-21-99, Amended
					 6-24-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-6 - CONTINUING EDUCATION › Section 64B11-6.001 - Continuing Education Program Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) Continuing education credit will be
				awarded only for completion of licensed programs or those that are
				Board-approved as provided in this rule. Continuing education program providers
				seeking initial licensure approval by the Board shall pay a fee of $250.
				Continuing education providers seeking renewal of provider status shall also
				pay a $250 fee each biennium. To receive Board approval, a continuing education
				program:
(a) Should be submitted for the
				Board's approval not less than 90 days prior to the date the initial offering
				is scheduled;
(b) Shall be relevant
				to the practice of occupational therapy as defined in section
				468.203(4),
				F.S., must be offered for the purpose of keeping the licensee apprised of
				advancements and new development in occupational therapy, and shall be designed
				to enhance learning and skills consistent with contemporary standards for
				occupational therapy practice.
(c)
				Shall have its sponsor submit to the Board at least the following:
1. A statement of the educational goals and
				objectives of the program,
2. A
				detailed course outline or syllabus, including such items as method of
				instruction, testing materials, if any, and identify whether the course is
				interactive or noninteractive,
3. A
				current curriculum vitae of each speaker or lecturer appearing in the
				program,
4. The procedure to be
				used for recording attendance of these attendees seeking to apply for
				continuing education credit and the procedure for certification by the
				program's registrar of attendance; and,
5. A sample certificate of
				completion.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.005 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Opticianry 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 five 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 five 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 4-13-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.008 - 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 484, F.S., or of the rules promulgated
				thereunder has occurred, shall be made by majority vote of the probable cause
				panel.
(2) The probable cause panel
				must have a minimum of 2 members, and must consist of the following:
(a) A current Board member.
(b) A former or present consumer member of
				the board, if available and willing to serve and authorized to do so by the
				board chair.
(c) A current
				professional Board member or a former Board member who holds an active valid
				license to practice opticianry.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.009 - Unexcused Absences

Current through Reg. 50, No. 138; July 16, 2024
Unexcused absences of a Board member mean absences not due to
				  the following situations:
(1) Medical
				problems of a Board member or a Board member's family including but not limited
				to illness, surgery, emergency care and/or hospitalization.
(2) Death of a family member and/or
				attendance at the family member's funeral.
(3) Conflicting business previously
				authorized by the Board.
(4)
				Conflicts deemed unavoidable by the Board.
Rulemaking Authority
					 456.011,
					 484.005 FS. Law Implemented
					 456.011
					 FS.
New 12-6-79, Amended 9-7-82, Formerly 21P-8.09, Amended
					 1-27-93, Formerly 21P-8.009, 61G13-8.009, 59U-8.009, Amended 8-6-97,
					 8-1-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.016 - Other Board Business for Which Compensation Is Allowed

Current through Reg. 50, No. 138; July 16, 2024
The following activities are considered to be other business
				  involving the Board for which compensation shall be paid pursuant to section
				  456.011(4),
				  F.S.:
(1) All joint Board or Committee
				meetings required by statutes, Board rule or Board action.
(2) Meetings of Board members with Agency
				staff or contractors of the Agency at the Agency's or the Board's request. Any
				participation or meeting of members noticed or unnoticed will be on file in the
				Board office.
(3) Participation in
				a meeting which has been requested by the State Surgeon General of the
				Department of Health.
(4) Probable
				Cause Panel Meeting.
(5) All
				activity of Board members, if authorized by the Board, when grading, proctoring
				or reviewing examinations given by the Department of Health.
(6) All participation in Board authorized
				meetings with professional associates of which the Board is a member of
				invitee. This would include all meetings of national associations of
				registration Boards of which the Board is a member as well as Board authorized
				participation in meetings of national or professional associations or
				organizations involved in educating, regulating or reviewing the profession of
				opticianry.
(7) Any and all other
				activities which are Board approved, except telephone conference calls, and
				which are necessary for Board members to attend in order to further protect the
				public health, safety and welfare.
(8) Monitoring a continuing professional
				education course offered by an approved provider at the request of the Chairman
				of the Board.
Rulemaking Authority
					 456.011(4),
					 484.005 FS. Law Implemented
					 456.011(4)
					 FS.
New 12-10-81, Amended 8-30-84, 1-7-86, Formerly 21P-8.16,
					 Amended 5-2-89, Formerly 21P-8.016, 61G13-8.016, 59U-8.016, Amended
					 8-1-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.0165 - Licenses of Spouses of Members of Armed Forces

Current through Reg. 50, No. 138; July 16, 2024
A spouse of a member of the Armed Forces of the United States
				  is exempt from licensure renewal requirements, but only in cases of absence
				  from the state because of his or her spouse's duties with the Armed
				  Forces.
Rulemaking Authority
					 456.024,
					 484.005 FS. Law Implemented
					 456.024
					 FS.
New 1-4-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.017 - Final Orders - Time for Payment of Administrative Fines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.072(4),
					 484.005 FS. Law Implemented
					 456.072(4),
					 484.014(2)
					 FS.
New 6-15-83, Formerly 21P-8.17, Amended 3-30-89, Formerly
					 21P-8.017, Amended 5-2-94, Formerly 61G13-8.017, 59U-8.017, Amended 8-6-97,
					 Repealed 4-17-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.018 - Investigators; Criteria for Selection; Training (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(8) FS.
					 Law Implemented 456.004(8)
					 FS.
New 12-30-82, Formerly 21P-8.18, 21P-8.018, 61G13-8.018,
					 59U-8.018, Repealed 3-4-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.019 - Security and Monitoring Procedures for Licensure Examination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.017(1)(d)
					 FS. Law Implemented 456.017(1)(d)
					 FS.
New 12-30-82, Formerly 21P-8.19, 21P-8.019, 61G13-8.019,
					 59U-8.019, Repealed 4-9-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.021 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Definition. As used in this rule:
(a) "Citation" means an instrument which
				meets the requirements set forth in section
				456.077, F.S., and which is
				served upon a subject for the purpose of assessing a penalty in an amount
				established by this rule. All citations will include a requirement that the
				subject correct the violation, if remediable, within a specified period of time
				not to exceed three months, and impose whatever obligations will remedy the
				offense.
(b) "Subject" means the
				licensee or apprentice alleged to have committed a violation designated in this
				rule.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.022 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The Board finds that mediation is an acceptable resolution of
				  the following violations where the subject has an explanation and a differing
				  view from the complainant as to the nature or extent of the violation because
				  they are economic in nature or can be remedied by the licensee:
(1) Failure to respond timely to a continuing
				education audit pursuant to subsection
				64B12-15.001(5),
				F.A.C.
(2) Failure to include a
				proper 72 hour cancellation notice for an advertisement when such notice is
				required by Section 456.062, F.S.
(3) Client or patient dissatisfaction based
				on economic or other misunderstandings not amounting to exploitation of the
				client for financial gain or gross malpractice under Section
				484.014(1)(o),
				F.S.
(4) Failing to file the proper
				report upon termination of apprenticeship, as required by Rule
				64B12-16.004, F.A.C.
(5) Failing to file the proper report upon
				termination of sponsor, as required by Rule
				64B12-16.004,
				F.A.C.
Rulemaking Authority
					 456.078 FS. Law Implemented
					 456.078
					 FS.
New 10-24-94, Formerly 59U-8.022, Amended 8-16-04,
					 8-28-05.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.023 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
In accordance with sections
				  120.695 and
				  456.073, F.S., the Board shall
				  issue a notice of noncompliance as a first response to a minor violation of a
				  rule. Failure of a licensee to take action to correct the violation within the
				  15 days shall result in either the issuance of a citation when appropriate or
				  the initiation of regular disciplinary proceedings. The minor violations which
				  shall result in a notice of noncompliance are:
(1) Failure to provide change of address as
				required by rule 64B12-10.012, F.A.C.
(2) Failure to maintain minimum equipment
				requirements as required by rule
				64B12-10.007,
				F.A.C.
Rulemaking Authority
					 120.695,
					 456.073(3) FS.
					 Law Implemented 456.073
					 FS.
New 8-16-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.001 - Examination for Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Both the
				American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE) and
				National Commission of State Opticianry Regulatory Boards (NCSORB) examinations
				are considered state board approved practical examinations for the purposes of
				this section.
(2) There shall be
				three parts to the examination for Florida licensure in opticianry:
(a) A national opticianry competency
				examination which shall consist of either the National Opticianry Competency
				Examination developed by the American Board of Opticianry (ABO) or the Basic
				Spectacles Examination developed by NCSORB.
(b) A national contact lens examination which
				shall consist of either Contact Lens Registry Examination developed by the
				National Contact Lens Examiners (NCLE) or the Basic Contact Lens Examination
				developed by NCSORB; and
(c) A
				state board approved practical examination.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.0015 - Application for Examination and Licensure

Current through Reg. 50, No. 138; July 16, 2024
(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, Optician Application for Examination, (revised
				8/2021), hereby adopted and incorporated by reference, which can be obtained
				from the Board of Opticianry's website at
http://www.floridaopticianry.gov
or at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13827
.
				The application shall be accompanied with the application fee specified in Rule
				64B12-11.002, F.A.C., which is
				non-refundable.
(2) Any application
				which is not accompanied with the application fees shall not be accepted for
				review.
(3) Any application which
				does not provide all information required by the application forms shall not be
				considered by the Board until it has been completed. Any applicant who fails to
				complete the application within 12 months of its receipt in the Board office
				shall be required to apply as an initial applicant.
(4) Upon certifying applicants for the
				licensure examination, the Board shall also certify applicants for licensure,
				contingent and effective upon the following:
(a) Successful completion of required
				examinations;
(b) Successful
				completion of a two-hour live technical practice continuing education course on
				fitting and adjusting provided by a Board approved provider;
(c) No discovery of disqualifying factors
				prior to licensure; and,
(d) Submit
				the Optician Initial Licensure Form DH-MQA 5070 (revised 11/2021), hereby
				adopted and incorporated by reference, which can be obtained from the Board of
				Opticianry's website at
http://www.floridaopticanry.gov
or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13995
.
				The application shall be accompanied with the licensure fee specified in Rule
				64B12-11.008, F.A.C., within one
				(1) year of notification of successful passage of the
				examination.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.0016 - Demonstrating Knowledge of Laws and Rules for Licensure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 484.002(6),
					 484.005 FS. Law Implemented
					 456.017(6)
					 FS.
New 4-17-03, Repealed
					 5-24-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.002 - Re-Examination

Current through Reg. 50, No. 138; July 16, 2024
An applicant who fails any portion of a state board approved
				  practical examination for licensure shall be required to retake only that
				  portion of the examination on which the applicant has not yet achieved a
				  passing grade. However, an applicant must complete the retake(s) within twelve
				  (12) months of the original failed examination date. An applicant who has not
				  achieved a passing score on all portions of the original examination within
				  twelve (12) months of the original examination date must apply for and take the
				  entire current licensure examination excluding ABO and NCLE, provided current
				  certification is maintained.
Rulemaking Authority
					 456.017(2),
					 484.005 FS. Law Implemented
					 456.017(2)
					 FS.
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, 6-17-09, 5-19-10, 4-9-12, 4-28-14,
					 7-23-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.003 - Examination Review Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.017(2) FS.
					 Law Implemented 456.017(2)
					 FS.
New 12-6-79, Formerly 21P-9.03, Amended 4-22-90, Formerly
					 21P-9.003, 61G13-9.003, 59U-9.003, Repealed
					 5-16-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.016 - Eligibility of Individuals Licensed in Another State

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of determining eligibility
				for examination of an individual pursuant to Section 484.007(1)(d)2. and 3.,
				F.S., the Board shall interpret the phrase "immediately preceding application"
				to mean that the individual must apply for the examinations set forth in
				subsections 64B12-9.001(1), (3) and
				(4), F.A.C., for licensure in Florida within
				two (2) years of ceasing the actual practice of opticianry in the other state
				upon which the eligibility is claimed.
(2) Applicants for examination pursuant to
				Section 484.007(1)(d)2., F.S., shall submit with the application, documentation
				that they are actively licensed to practice opticianry, in another state,
				territory, or jurisdiction of the United States, for a period of more than 3
				years immediately preceding application; and, that they meet the examination
				qualifications as provided in Section 484.007(1)(d)2., F.S. Periods of
				apprenticeship or training in opticianry shall not be considered to constitute
				any portion of the required years of practice.
Specific Authority
					 484.005 FS. Law Implemented
					 484.007(1)(d)2. FS.
New 8-30-84, Formerly 21D-17.01, Amended 9-17-87, 1-26-88,
					 Formerly 21P-17.001, Amended 9-2-92, 2-18-93, Formerly 21P-9.016, Amended
					 5-2-94, Formerly 61G13-9.016, 59U-9.016, Amended 8-6-97,
					 5-24-07.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-9 - EXAMINATION FOR LICENSURE, RE-EXAMINATION, EXAMINATION REVIEW › Section 64B12-9.017 - Eligibility of Individuals Practing in a State in Which Licensure is Not Required

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				determining eligibility for examination of an individual pursuant to Section
				484.007(1)(d)2. and 3., F.S., the Board shall interpret the phrase "immediately
				preceding application" to mean that the individual must apply for the
				examinations set forth in subsections
				64B12-9.001(1), (3) and
				(4), F.A.C., for licensure in Florida within
				two (2) years of ceasing the actual practice of opticianry in the other state
				upon which the eligibility is claimed.
(2) Applicants for examination pursuant to
				Section 484.007(1)(d)3., F.S., shall submit with the application documentation
				that they have actively practiced opticianry for a period of more than 5 years
				immediately preceding application and who meets the examination qualifications
				as provided in Section 484.007(1)(d)3., F.S. Periods of apprenticeship or
				training in opticianry shall not be considered to constitute any portion of the
				required years of practice. The applicant must establish independent engagement
				in all aspects of the practice of opticianry during the period for which actual
				practice is claimed. Such documentation shall include the following:
(a) Tax records and business records which
				establish that the applicant has actually engaged in the practice of
				opticianry. Affidavits from eye-care business people or professionals which
				state the method by which the affiant has knowledge of the applicant's practice
				of opticianry, the extent of the affiant's knowledge of the applicant's actual
				practice and a detailed statement of the applicant's professional acts or
				experience of which the affiant has personal knowledge.
(b) An affidavit by the applicant which
				states with specificity the professional acts or experiences engaged in during
				the five-year period during which the applicant claims the actual practice of
				opticianry occurred.
(c) Current
				certification of the American Board of Opticianry and the National Contact Lens
				Examiners and verification of licensure status from another state, when
				applicable.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.003 - Responsibility to Client

Current through Reg. 50, No. 138; July 16, 2024
An optician shall give due notice to the client when going
				  out of business so that the client may make other arrangements for replacement
				  services. For purposes of this rule, due notice shall consist of publication in
				  a newspaper of general circulation in the area of the optician's practice for
				  one (1) day for four (4) consecutive weeks informing the clients of the need to
				  seek replacement services and the closing of the practice.
Rulemaking Authority
					 484.005 FS. Law Implemented
					 484.005(3)
					 FS.
New 12-6-79, Formerly 21P-10.03, 21P-10.003, 61G13-10.003,
					 Amended 12-4-95, Formerly 59U-10.003, Amended
					 3-16-06.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.0035 - Disclosure of Licensure Status

Current through Reg. 50, No. 138; July 16, 2024
All persons licensed pursuant to Section
				  484.007, F.S., and not exempt
				  pursuant to Section 456.072(1)(t),
				  F.S., shall identify the license under which he or she practices in one of the
				  following manners:
(1) The wearing of
				a name tag which identifies the licensee as an optician;
(2) By orally disclosing to the patient, upon
				the licensee's initial in-person contact with the patient, that the licensee is
				an optician;
(3) By providing, upon
				the licensee's initial in-person contact with the patient, a business card or
				similar document which identifies the licensee as an optician, or
(4) By placing notification in the lobby or
				waiting area of the location where the licensee practices, which contains a
				photo of the licensee and which identifies the licensee as an
				optician.
Rulemaking Authority
					 484.005,
					 484.007, F.S.,
					 456.072(1)(t),
					 FS. Law Implemented 456.072(1)(t)
					 FS.
New 5-8-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.005 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) No licensed optician may disseminate or
				cause to be disseminated any advertisement or advertising which is false,
				fraudulent, deceptive or misleading.
(2) Any advertisement or advertising shall be
				deemed to be false, fraudulent, deceptive or misleading, if it:
(a) Contains a misrepresentation of
				facts;
(b) Is misleading or
				deceptive because in its content or in the context in which it is presented, it
				makes only a partial disclosure of relevant facts;
(c) Creates false or unjustified expectations
				of the benefits of opticianry services;
(d) States price or delivery times for
				optical devices which do not fully disclose any exceptions to the offer or fees
				not included, such as examination fees;
(e) Offers guarantees or warranties for
				optical devices without fully disclosing which devices, if any, are not subject
				to guarantee or warranty;
(f)
				Contains any representation or claim which the advertising optician fails to
				perform.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.006 - Prescription Files and Transfer

Current through Reg. 50, No. 138; July 16, 2024
Prescription files which are 2 years old or less when the
				  optician dies, terminates the practice, or relocates and is no longer available
				  to the patients, shall be transferred to a location where they may be obtained
				  by clients. The prescription files must be retained 2 years after the
				  optician's death, termination of practice, or relocation. The optical
				  establishment shall also provide notice, within 60 days, to its clients of the
				  establishment's closing and advertise where the prescription files may be
				  obtained, pursuant to section
				  456.057(12),
				  F.S.
Rulemaking Authority
					 456.058,
					 484.005(3) FS.
					 Law Implemented 456.057(12),
					 456.058,
					 484.012(1)
					 FS.
New 12-6-79, Formerly 21P-10.06, Amended 3-5-87, 12-23-90,
					 Formerly 21P-10.006, 61G13-10.006, 59U-10.006, Amended 8-6-97,
					 3-16-06.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.0065 - Duplicate Prescription Form

Current through Reg. 50, No. 138; July 16, 2024
The duplicate prescription form referred to in section
				  484.012, F.S., shall contain a
				  place for the following:
(1) Name of
				the client.
(2) Name of the
				prescribing doctor.
(3) The date of
				the original prescription.
(4) The
				sphere.
(5) The cylinder
				power.
(6) The axis.
(7) The prism power.
(8) The reading power.
Rulemaking Authority
					 484.005,
					 484.012 FS. Law Implemented
					 484.005(1),
					 484.012(2)
					 FS.
New 12-6-79, Amended 8-30-84, Formerly 21P-13.01,
					 21P-13.001, 21P-10.0065, 61G13-10.0065, 59U-10.0065, Amended
					 8-6-97.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.007 - Minimum Equipment Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following equipment must be maintained in each office in
				  which an optician practices opticianry:
(1) Pupillary gauges;
(2) Thickness gauge;
(3) One set of hand tools necessary for the
				fitting of eye glasses;
(4) One
				lensometer or vertometer or similar instrument;
(5) One colmascope or similar instrument,
				when manufacturing glass lenses on the premises;
(6) One frame heater;
(7) One lens measure;
(8) Set of sample frames and
				mountings;
(9) Keratometer or
				similar instrument and slit lamp or similar instrument if fitting and adapting
				contact lenses pursuant to subsection
				64B12-10.009(2),
				F.A.C.;
(10) A non-expired set of
				trial soft contact lenses, if fitting and adapting contact lenses pursuant to
				subsection 64B12-10.009(2),
				F.A.C.
Rulemaking Authority
					 484.005(2) FS.
					 Law Implemented 484.002(3),
					 484.005(2)
					 FS.
New 12-6-79, Formerly 21P-10.07, Amended 5-31-87, Formerly
					 21P-10.007, 61G13-10.007, 59U-10.007, Amended 8-16-04,
					 4-9-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.009 - Contact Lens Fitting

Current through Reg. 50, No. 138; July 16, 2024
The technical fitting of contact lenses is embraced in the
				  field of optical dispensing.
(1) A
				licensed optician may fill, fit, adapt or dispense soft contact lenses,
				extended wear contact lenses or hard contact lenses only to the extent
				authorized and under the supervision of the prescribing medical doctor or
				optometrist.
(2) A licensed
				optician who has been certified by the Board pursuant to rule Chapter 64B12-14,
				F.A.C., may fill, fit, adapt or dispense prescribed soft contact lenses so long
				as the requirements and standards of practice set forth in rule Chapter
				64B12-14, F.A.C., and the equipment requirements set forth in Rule
				64B12-10.007, F.A.C., are
				met.
Rulemaking Authority
					 484.005(4) FS.
					 Law Implemented 484.002(3)
					 FS.
New 12-6-79, Amended 12-10-81, Formerly 21P-10.09, Amended
					 5-31-87, Formerly 21P-10.009, 61G13-10.009,
					 59U-10.009.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-10 - STANDARD OF PRACTICE FOR LICENSED OPTICIANS › Section 64B12-10.012 - Change of Address

Current through Reg. 50, No. 138; July 16, 2024
Each licensee shall notify the Board of any change of the
				  licensee's current mailing address, and practice address in writing within
				  thirty (30) working days of the address change.
Rulemaking Authority
					 484.005,
					 456.035 FS. Law Implemented
					 456.035
					 FS.
New 4-22-90, Formerly 21P-10.012, Amended 4-17-94, Formerly
					 61G13-10.012, 59U-10.012, Amended
					 4-9-12.