reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.012 - Prescriptions

Current through Reg. 50, No. 138; July 16, 2024
(1) All prescriptions written by a licensed
				practitioner shall contain the name, address, telephone number and signature of
				the licensed practitioner who wrote the prescription and the information shall
				be kept on file by the licensed practitioner for a period of at least two (2)
				years. If the licensed practitioner maintains electronic patient records, the
				practitioner may affix an electronic signature to the prescription only if the
				electronic signature is generated by using either public key infrastructure or
				signature dynamics technology, and meets the criteria of paragraphs (1)(a)-(d),
				of Rule  64B13-3.003, F.A.C.
(2) A prescription for daily wear soft
				contact lens shall be considered valid for a period of two (2) years and a
				licensed practitioner shall make available to the patient or his or her agent
				any daily wear soft contact lens prescription or duplicate copy determined for
				that patient. This subsection applies only to contact lenses determined by the
				Food and Drug Administration to be daily wear lenses.
(3) Spectacle and contact lens prescriptions
				shall include:
(a) Spectacle
				prescriptions:
1. Sphere power,
2. Cylinder power, if necessary,
3. Cylinder axis, if necessary,
4. Prism amount, if necessary,
5. Multifocal add power, if
				necessary,
6. Any other information
				necessary to accomplish the objective of the prescription.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.015 - Performance of Delegated Tasks by Non-Licensed Personnel

Current through Reg. 50, No. 138; July 16, 2024
(1) Tasks and functions
				that may be performed shall include, but not be limited to, delivery of
				eyeglasses, selection of frames, adjustment of frames, and instruction for the
				insertion, removal and care of contact lenses. However, to ensure patient
				confidentiality of examination records in accordance with Section
				 456.057(5),
				F.S., a non-employee shall not be allowed to perform any task or function which
				would require or give them access to patient records or examination reports of
				any person without prior written authorization of that patient.
(2) Such non-licensed supportive personnel
				may perform data gathering, preliminary testing, prescribed visual therapy and
				related duties under the direct supervision of the licensed
				practitioner.
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.009
					 FS.
New 10-23-88, Formerly 21Q-3.015, 61F8-3.015, 59V-3.015,
					 Amended 11-16-05, 8-25-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.019 - Address of Record

Current through Reg. 50, No. 138; July 16, 2024
It shall be the duty of each licensee to provide to the
				  Department of Health written notification by certified mail of the licensee's
				  current mailing address and primary place of practice within 10 days upon
				  change thereof. When electronic notification is used, it is the responsibility
				  of the licensee to ensure that the electronic notification was received by the
				  department. Electronic notification to the department shall be sent only used
				  an email option that generates an electronic return receipt and that the
				  licensee requesting the change address has an email address of record with DOH
				  before electronic notification can be used. It requires the notification to DOH
				  must be made using the licensee's previously established email address of
				  record. The term "place of practice" means the address(es) of the physical
				  location(s) where the licensee practices optometry.
Rulemaking Authority
					 456.035,
					 463.005(1) FS.
					 Law Implemented 456.035
					 FS.
New 12-22-94, Formerly 59V-3.019, Amended 3-8-04, 2-1-12,
					 4-17-13, 5-24-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-3 - STANDARDS OF PRACTICE › Section 64B13-3.100 - Standards for the Prescribing of Controlled Substances for the Treatment of Acute Pain

Current through Reg. 50, No. 138; July 16, 2024
The standards of practice in this rule do not supersede the
				  level of care, skill and treatment recognized in general law related to
				  healthcare licensure. All Certified Optometrists who are authorized to
				  prescribe controlled substances shall comply with the following:
(1) Definitions.
(a) Acute Pain. For the purpose of this rule
				"acute pain" is defined as the normal, predicted, physiological, and
				time-limited response to an adverse chemical, thermal, or mechanical stimulus
				associated with surgery, trauma or acute illness. The term does not include
				pain related to:
1. Cancer.
2. A terminal condition. For purposes of this
				subparagraph the term "terminal condition" means a progressive disease or
				medical or surgical condition that causes significant functional impairment is
				not considered to be reversible without the administration of life-sustaining
				procedures and will result in death within 1 year after diagnosis if the
				condition runs its normal course.
3. Palliative care to provide relief of
				symptoms related to an incurable progressive illness or injury.
4. A traumatic injury with an Injury Severity
				Score of 9 or greater.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.001 - Examination Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Licensure
				Examination. The licensure examination authorized in Section
				 463.006(2),
				F.S., shall consist of the following
				parts:
(a) The Patient Assessment and
				Management (PAM) portion of the examination developed by the National Board of
				Examiners in Optometry (NBEO) as Part II of its examination which includes an
				embedded Treatment and Management of Ocular Disease (TMOD) examination. An
				applicant for licensure in Florida must obtain a passing score on the TMOD
				section of the examination as well as an overall passing score on the
				examination.
(b) The Clinical
				Skills (CSE) portion of the examination developed by the NBEO as Part III of
				its examination.
(c) A written
				examination on applicable Florida laws and rules governing the practice of
				optometry developed yearly by Florida Board of Optometry approved consultants,
				and administered by NBEO as Part IV of its examination. The Board shall review
				and approve the content of the laws and rules examination annually. A score of
				eighty-four percent (84%) or better must be obtained in order to achieve a
				passing score on Part IV of the NBEO examination.
(d) The Florida Practical Examination. The
				Florida Practical Examination shall be developed by consultants approved by the
				Florida Board of Optometry in conjunction with the NBEO, and shall be
				administered by the NBEO as part of the NBEO National Clinical Skills
				examination.
1. Examiners for the Florida
				Practical Examination, and the grading criteria to be used by the examiners,
				shall be those selected by the NBEO to examine and grade the NBEO
				CSE.
2. The Florida Practical
				Examination shall include the following tested skills.
a. Biomicroscopy
b. Binocular Indirect
				Ophthalmoscopy
c. Dilated
				Biomicroscopy and Non-Contact Fundus Lens Evaluation
d. Gonioscopy
e.
				Tonometry
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.002 - Reexamination

Current through Reg. 50, No. 138; July 16, 2024
An applicant who fails to achieve a passing score on any part
				  of the licensure examination may retake any part by registering directly with
				  the National Board of Examiners in Optometry (NBEO). There is no limitation on
				  the number of times an applicant may retake any examination
				  part.
Rulemaking Authority
					 456.017(2),
					 463.005 FS. Law Implemented
					 456.017(2),
					 463.006
					 FS.
New 11-13-79, Amended 10-3-82, 4-7-85, 7-9-85, Formerly
					 21Q-4.02, Amended 11-20-86, 4-20-93, Formerly 21Q-4.002, 61F8-4.002, Amended
					 11-21-94, Formerly 59V-4.002, Amended 7-15-02, 2-1-12, 2-27-14, 2-28-16,
					 10-2-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.003 - 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 11-13-79, Amended 4-17-80, Formerly 21Q-4.03, Amended
					 6-18-92, Formerly 21Q-4.003, 61F8-4.003, 59V-4.003, Amended 2-27-14, Repealed
					 2-28-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.005 - Criteria for Selection of Consultants

Current through Reg. 50, No. 138; July 16, 2024
The following criteria are hereby established for the
				  selection of consultants:
(1) All
				prospective consultants must have received approval of the Board Chair prior to
				their selection by the Department of Health. The Department shall submit the
				curriculum vitae of new consultants.
(2) In order to receive approval of the Board
				Chair, a prospective consultant must comply with the following minimum
				requirements:
(a) Licensure as an optometrist
				in this State for at least three years preceding the date of the examination
				development meeting at which they will serve as a consultant.
(b) The absence of any finding by the Board
				that the prospective consultant has violated Chapters 456 and 463, F.S., or the
				rules promulgated thereunder or is under current investigation by the
				Department or the Agency for Health Care
				Administration.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.006 - Security and Monitoring Procedures for Licensure Examination

Current through Reg. 50, No. 138; July 16, 2024
To avoid compromising the integrity of the examination
				  question bank and thereby risking the validity of Part IV of the licensure
				  examination, questions used shall be regularly written, updated and/or modified
				  by consultants appointed by the Board.
Rulemaking Authority
					 456.017(1)(d)
					 FS. Law Implemented 456.017(1)(d)
					 FS.
New 6-6-82, Formerly 21Q-4.06, 21Q-4.006, 61F8-4.006,
					 59V-4.006, Amended 2-1-12, 11-5-14, 2-28-16,
					 4-13-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.007 - Optometry Faculty Certificate

Current through Reg. 50, No. 138; July 16, 2024
To obtain a optometric faculty certificate pursuant to
				  Section  463.0057, F.S., the applicant
				  must submit an Initial Optometry Faculty Certificate Application, form number
				  DH-MQA 1134, (07/2020) which is hereby incorporated by reference and can be
				  obtained from the board office or at:
http://www.floridaasoptometry.gov
,
				  or
http://www.flrules.org/Gateway/reference.asp?No=Ref-12453
,
				  and the fees set forth in Rule
				   64B13-6.001,
				  F.A.C.
Rulemaking Authority
					 463.005,
					 463.0057 FS. Law Implemented
					 463.0635,
					 463.0057
					 FS.
New 4-2-09, Amended 10-18-10, 7-13-16, 1-2-20,
					 12-20-20.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-4 - EXAMINATION AND APPLICATION FOR LICENSURE › Section 64B13-4.009 - Dispensing Practitioner Registration

Current through Reg. 50, No. 138; July 16, 2024
To register as a dispensing practitioner, the licensee must
				  submit a Dispensing Practitioner Registration, form number DH-MQA 1137, (8/08)
				  which is hereby incorporated by reference and can be obtained from the board
				  office or at:
http://www.floridasoptometry.gov
,
				  or
http://www.flrules.org/Gateway/reference.asp?No=Ref-08180
,
				  and the fees set forth in Rule
				   64B13-6.001,
				  F.A.C.
Rulemaking Authority
					 463.005 FS. Law Implemented
					 465.0276
					 FS.
New 3-31-09, Amended
					 6-11-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-5 - CONTINUING PROFESSIONAL EDUCATION › Section 64B13-5.002 - Criteria for Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				determining whether to approve a program of continuing professional education,
				the Board shall consider whether the program contributes to the improvement,
				advancement, and extension of one's professional skill and knowledge to the
				benefit of the patient he or she serves. Continuing education courses in
				Florida jurisprudence as stated in subsection
				 64B13-5.001(6),
				F.A.C., shall be provided by an individual or organization with demonstrated
				competence in Florida Law pertaining to optometric practice as evidenced by the
				individual or organization's credentials, education and experience.
(2) Approval of non-transcript quality
				continuing education programs.
(a) A
				non-transcript quality continuing education program must satisfy the following
				criteria or course content:
1. The course must
				be an organized program of learning that will contribute to the advancement and
				enhancement of professional competency and scientific knowledge in the practice
				of optometry, and must be designed to reflect the educational needs of Florida
				optometrists.
2. The course must
				have scientific and educational integrity and must contain customary and
				generally accepted optometric and medical practices.
3. The course must have an outline which
				demonstrates consistency with the course description and reflects the course
				content.
4. A course
				handout/outline must be provided to all participants.
5. The course must be taught in a manner
				appropriate to the educational content, objectives, and purpose of the program,
				and must allow suitable time to be effectively presented to the
				audience.
6. The minimum credit for
				any qualified course is one hour. One hour of continuing education credit
				equals fifty (50) minutes of instructional time.
7. Instructors must have the necessary
				qualifications, training and experience to present the course. Principal
				instructors must hold a minimum of a doctorate-level degree (O.D., M.D., Ph.D.,
				D.O., J.D., D.D.S., D.C., Pharm.D., L.L.D., D.Ed., D.Sc., etc.) or its
				international equivalent. Faculties at accredited schools or colleges of
				optometry are exempt from this requirement. Individuals who do not hold at
				least a doctorate-level degree, or are not on faculty at an accredited school
				or college of optometry shall only be listed as adjunct instructors for the
				course and only when the principal instructor holds a doctorate-level degree.
				For courses focusing on optometric practice management, instructors are not
				required to hold doctoral level degrees, but must demonstrate their expertise
				in providing such continuing education.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-5 - CONTINUING PROFESSIONAL EDUCATION › Section 64B13-5.003 - 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 and was caused to be absent from the State of Florida
				  because of the spouse's duties with the Armed Forces shall be exempt from all
				  licensure renewal provisions. The licensee must document the absence and the
				  spouse's military status to the Board.
Rulemaking Authority
					 456.024,
					 463.005 FS. Law Implemented
					 456.024,
					 463.005
					 FS.
New 8-29-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-6 - FEES › Section 64B13-6.001 - Fees

Current through Reg. 50, No. 138; July 16, 2024
The following fees are prescribed by the Board:
(1) The initial licensure fee shall be
				$300.00.
(2) The biennial licensure
				renewal fee shall be $300.00.
(3)
				The fee to be paid for the renewal or reactivation of an inactive license shall
				be $300.00.
(4) A licensee shall
				pay a change of status fee of $300 when the licensee applies for a change in
				license status at any other time than during licensure renewal.
(5) The application fee for certification as
				a certified optometrist shall be $250.00.
(6) The fee for obtaining a duplicate wall
				certificate/license shall be $25.00.
(7) The application fee for a faculty
				certificate shall be $100.00.
(8)
				The initial license fee for a faculty certificate shall be $100.00.
(9) The renewal fee for a faculty certificate
				shall be $100.00.
(10) The fee for
				a delinquent status licensee applying for active or inactive status shall be
				$300.00.
(11) The fee to be paid
				for the laws and rules examination for licensees who either have to reactivate
				their license or are required pursuant to paragraph
				 64B13-7.005(1)(h),
				F.A.C., is one hundred dollars ($100).
(12) The initial fee for any entity seeking
				approval to provide continuing education courses or programs shall be
				$25.00.
(13) The biennial renewal
				fee for any entity seeking approval to provide continuing education courses or
				programs shall be $25.00.
(14) The
				retired-status fee is $50.00.
(15)
				The fee for initial registration as a dispensing practitioner is
				$100.00.
(16) The fee for renewal
				of dispensing practitioner registration is $100.00
				biennially.
Rulemaking Authority
					  456.013(2),
					  456.025 (7),
					  456.036,
					 463.005,
					  463.0057,
					  463.006,
					  463.007,
					  463.008,
					  465.0276(2)(a) 
					 FS. Law Implemented 456.013(2),
					 456.025,
					 456.036,
					 463.0057,
					 463.006,
					 463.007,
					 463.008,
					 465.0276(2)(a)
					 FS.
New 12-13-79, Amended 2-14-82, 8-18-82, 12-2-82, 5-6-84,
					 7-29-85, Formerly 21Q-6.01, Amended 11-20-86, 7-21-88, 2-5-90, 5-29-90,
					 7-10-91, 4-14-92, 7-1-93, Formerly 21Q-6.001, Amended 1-24-94, Formerly
					 61F8-6.001, Amended 12-22-94, 2-13-95, 4-5-95, 5-29-95, 12-31-95, Formerly
					 59V-6.001, Amended 12-24-97, 3-21-00, 11-18-01, 5-9-02, 9-10-02, 7-3-03,
					 10-30-03, 8-29-04, 9-20-05, 11-16-05, 10-28-09, 11-5-14,
					 5-23-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-6 - FEES › Section 64B13-6.003 - Registration Fee for Dispensing Practitioners (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 465.0276 FS. Law Implemented
					 465.0276
					 FS.
New 7-10-94, Formerly 61F8-6.003, 59V-6.003, Repealed
					 2-28-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-7 - PROBATION GUIDELINES › Section 64B13-7.007 - Costs of Probation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005 FS. Law Implemented
					 456.072(4)
					 FS.
New 7-18-90, Formerly 21Q-7.007, 61F8-7.007, 59V-7.007,
					 Repealed 4-27-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-7 - PROBATION GUIDELINES › Section 64B13-7.008 - Oversight (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005 FS. Law Implemented
					 463.016
					 FS.
New 7-18-90, Formerly 21Q-7.008, 61F8-7.008, 59V-7.008,
					 Repealed 3-23-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-10 - CERTIFIED OPTOMETRIST › Section 64B13-10.001 - Application for Certification

Current through Reg. 50, No. 138; July 16, 2024
To be certified to administer and prescribe topical ocular
				  pharmaceutical agents a licensed practitioner must be a Florida licensed
				  Certified Optometrist, the application for which is form DH/MQA 1128,
				  incorporated by reference in Rule
				   64B13-4.004, F.A.C., and
				  demonstrate compliance with the following requirements:
(1) Successful completion of at least 110
				hours of Board approved transcript quality coursework and clinical training in
				general and ocular pharmacology conducted by an accredited institution which
				has facilities for both didactic and clinical instruction in pharmacology. The
				institution must document the applicant's successful completion. The Board will
				accept coursework and clinical training in general and ocular pharmacology
				received by the applicant during his or her basic optometric curriculum or at
				post-graduate courses if this coursework and training was provided by a Board
				approved school of optometry or equivalent educational entity;
(2) Completion of at least one (1) year of
				supervised experience in differential diagnosis of eye diseases or disorders.
				The one year of supervised experience shall be received either during
				optometric training or in a clinical setting as part of optometric experience.
				The requisite one year of supervised experience in a clinical setting may be
				obtained in an academic or non-academic environment. For the purpose of this
				rule, one year of supervised experience in an academic setting is understood to
				mean three (3) quarters or two (2) semesters and one (1) year of supervised
				experience in a non-academic setting is understood to mean a twelve month
				period;
(3) Successful completion
				of Part II (Patient Assessment and Management, including an embedded Treatment
				and Management of Occular Disease examination) of the NBEO
				examination.
Rulemaking Authority
					 456.013,
					 456.025,
					 463.005(1),
					 463.006 FS. Law Implemented
					  463.013,
					  456.025,
					  456.0635,
					  463.002(3)(c),
					  463.006 FS.
New 11-20-86, Amended 7-6-88, 3-16-89, Formerly 21Q-10.001,
					 61F8-10.001, Amended 10-4-94, Formerly 59V-10.001, Amended 7-21-11, 2-27-14,
					 7-31-14, 12-4-16, 11-4-18, 1-2-20,
					 12-8-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-10 - CERTIFIED OPTOMETRIST › Section 64B13-10.002 - Administration and Prescription of Ocular Pharmaceutical Agents

Current through Reg. 50, No. 138; July 16, 2024
(1) Only certified optometrists who have
				successfully completed the Board approved pharmaceutical course and examination
				specified in Section  463.0055(1)(b),
				F.S. and provided proof of such to the Department are authorized to administer
				and prescribe the oral ocular pharmaceutical agents or their therapeutic
				equivalents specified in Section
				 463.0055(3),
				F.S.
(2) Controlled substances
				listed on the statutory formulary of oral ocular pharmaceutical agents may only
				be administered or prescribed by a certified optometrist who has successfully
				completed the board approved oral drug course and examination specified in
				Section  463.0055(1)(b),
				F.S., provided proof of such to the Department, and after the certified
				optometrist has acquired a United States Drug Enforcement Administration
				registration number.
Rulemaking Authority
					 463.005(1),
					 463.0055 FS. Law Implemented
					 463.0055
					 FS.
New 11-20-86, Formerly 21Q-10.002, 61F8-10.002, 59V-10.002,
					 Amended 10-28-09, 12-9-13, 5-31-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-11 - INACTIVE STATUS › Section 64B13-11.001 - Inactive Status

Current through Reg. 50, No. 138; July 16, 2024
(1) Any licensee may
				elect at the time of license renewal to place the license into inactive status
				by paying the inactive status fee of subsection
				 64B13-6.001(3),
				F.A.C.
(2) An inactive status
				licensee may change to active status at any time provided the licensee meets
				the requirements of Rule
				 64B13-5.001, F.A.C., for each
				biennium for which their license has been
				inactive:
(a) Discloses any disciplinary
				action that has been taken against any license to practice optometry the
				practitioner possessed in any jurisdiction during the time period in which the
				Florida license was inactive;
(b)
				Pays the reactivation fee of subsection
				 64B13-6.001(3),
				F.A.C.; and,
(c) If applicable, the
				change of status fee in subsection
				 64B13-6.001(4),
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-11 - INACTIVE STATUS › Section 64B13-11.004 - Delinquent License

Current through Reg. 50, No. 138; July 16, 2024
(1) The failure of
				any license holder to elect active or inactive status before the license
				expires shall cause the license to become delinquent.
(2) The delinquent licensee must
				affirmatively apply for active or inactive status during the biennium in which
				the license becomes delinquent. The failure by the delinquent licensee to cause
				the license to become active or inactive before the expiration of the biennium
				in which the license becomes delinquent shall render the license null and void
				without further action by the board or the Department of Health.
(3) The delinquent licensee who applies for
				an active or inactive license status shall pay to the board the fee of
				subsection  64B13-6.001(3),
				F.A.C., and the delinquent license fee of subsection
				 64B13-6.001(10),
				F.A.C., and, if applicable, the change of status fee of subsection
				 64B13-6.001(4),
				F.A.C.
(4) The delinquent licensee
				who applies for active status license shall, in addition to complying with
				subsection (3), immediately above, demonstrate compliance with the continuing
				education requirements of rule
				 64B13-5.001, F.A.C., for the
				years the licensee was inactive prior to becoming
				delinquent.
Rulemaking Authority
					 456.036,
					 463.005(1) FS.
					 Law Implemented 456.036
					 FS.
New 12-22-94, Formerly 59V-11.004, Amended 8-29-99,
					 1-22-03, 8-29-04, 9-2-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.079 FS. Law Implemented
					 456.079
					 FS.
New 2-24-87, Formerly 21Q-15.001, 61F8-15.001, 59V-15.001,
					 Repealed 2-28-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Minor Administrative Violation" means a
				violation of chapters 456, 463, F.S., or applicable sections of chapter 465 or
				499, F.S., or the applicable rules promulgated thereunder, which does not
				involve the diagnosis or treatment of a patient and which does not directly
				endanger the public health, safety, and welfare of the citizens of the State of
				Florida.
(2) "Major Administrative
				Violation" means a violation of chapters 456, 463, F.S., or applicable sections
				of chapter 465 or 499, F.S., or the applicable rules promulgated thereunder,
				which does not involve the diagnosis or treatment of a patient and which
				directly endangers the public health, safety, and welfare of the citizens of
				the State of Florida.
(3) "Minor
				Patient Care Violation" means a violation of chapters 456, 463, F.S., or
				applicable sections of chapter 465 or 499, F.S., or the applicable rules
				promulgated thereunder, which involves the diagnosis or treatment of a patient
				and which does not directly endanger the public health, safety, and welfare of
				the citizens of the State of Florida.
(4) "Major Patient Care Violation" means a
				violation of chapters 456, 463, F.S., or applicable sections of chapter 465 or
				499, F.S., or the applicable rules promulgated thereunder, which involves the
				diagnosis or treatment of a patient and which directly endangers the public
				health, safety, and welfare of the citizens of the State of Florida.
(5) "Suspension" means the act of the Board
				in removing a licensee's authorization to practice optometry for a fixed period
				of time specified in an order. The Board may stay a suspension and place the
				licensee on probation under reasonable terms and conditions. At the conclusion
				of the suspension period, the licensee must petition the Board and demonstrate
				compliance with all of the terms and conditions of the order before his or her
				license will be reinstated.
(6)
				"Revocation" means the action of the Board in removing a licensee's
				authorization to practice optometry. Revocation is permanent. However, an
				individual whose license has been revoked may apply for relicensure pursuant to
				Section  463.006, F.S. An individual
				whose license has been revoked may, based on any aggravating or mitigating
				circumstances, apply to the Board no more often than once a year for
				authorization to seek relicensure by complying with the requirements of section
				 463.006, F.S.
(7) In cases where the Board imposes a civil
				penalty for violation of chapter 456 or 463, F.S., or the rules promulgated
				thereunder, the penalty shall be paid within 30 days of it imposition by Order
				of the Board unless otherwise ordered by the Board.
Rulemaking Authority
					 456.079 FS. Law Implemented
					 456.072(6),
					 456.079
					 FS.
New 2-24-87, Amended 4-20-93, Formerly 21Q-15.002,
					 61F8-15.002, 59V-15.002, Amended 5-1-02,
					 6-8-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.003 - Range of Penalties for Administrative Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) For Minor
				Administrative Violations the range of penalties are as follows:
(a) First violation - administrative fine of
				not less than $500.00 nor more than $3, 000.00 per count or offense and/or a
				reprimand.
(b) Second violation -
				administrative fine of not less than $750.00 nor more than $5, 000.00 per count
				or offense and, if appropriate, a period of probation of not less than 3 months
				nor longer than 6 months.
(c) Third
				violation - administrative fine of not less than $1, 500.00 nor more than $8,
				000.00 per count or offense and, if appropriate, a period of suspension of not
				less than 6 months nor longer than 12 months.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.004 - Range of Penalties for Patient Care Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) For Minor Patient
				Care Violations the range of penalties are as follows:
(a) First violation - administrative fine of
				not less than $750.00 nor more than $5, 000.00 per count or offense and, if
				appropriate, a period of probation of not less than 6 months nor more than 12
				months.
(b) Second violation -
				administrative fine of not less than $1, 000.00 nor more than $6, 000.00 per
				count or offense and a period of probation of not less than 12 months nor more
				than 18 months.
(c) Third violation
				- administrative fine of not less than $2, 000.00 nor more than $10, 000.00 per
				count or offense and a period of suspension of not less than 3 months nor more
				than 12 months.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.005 - Designation of Administrative Violations; Major; Minor

Current through Reg. 50, No. 138; July 16, 2024
(1) Violations of the
				following statutory and rule provisions are considered to be Minor
				Administrative Violations:
(a) Section
				 456.062, F.S., entitled
				"Advertisement by Health Care Provider of Free or Discounted Services; Required
				Statement."
(b) Section
				 456.057, F.S., entitled
				"Ownership and control of patient records; report or copies of records to be
				furnished."
(c) Section
				 463.011, F.S., entitled
				"Exhibition of License."
(d)
				Subsection (1), paragraphs (2)(a) and (b) of section
				 463.012, F.S., entitled
				"Prescriptions; Filing; Release; Duplication."
(e) Subsection
				 463.0135(11),
				F.S., entitled "Standards of Practice, " if the violation is of a technical
				nature not related to patient care.
(f) Paragraphs (1)(d) and (e) of section
				 463.014, F.S., entitled "Certain
				Acts Prohibited."
(g) For the first
				violation of subsection
				 463.0141, F.S., entitled
				"Reports of adverse incidents in the practice of optometry."
(h) Rule
				 64B13-3.002, F.A.C., entitled
				"Responsibility to Patient."
(i)
				Rule  64B13-3.005, F.A.C., entitled
				"Entrance Sign."
(j) Rule
				 64B13-3.006, F.A.C., entitled
				"Licenses and Signs in Office."
(k)
				Rule  64B13-3.012, F.A.C., entitled
				"Prescriptions" if the violation consists of failing to release a prescription
				or technical omissions or errors on the prescription not related to patient
				care.
(l) Section
				 456.072(1)(nn),
				F.S., violating any provision of section
				 790.338, F.S.
(m) Subsections (1), (2) and (5) of section
				 465.0276, F.S., entitled
				"Dispensing Practitioner, " if the violation is of a technical nature not
				related to patient care.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.006 - Designation of Patient Care Violations; Major; Minor

Current through Reg. 50, No. 138; July 16, 2024
(1) Violations of the
				following statutory and rule provisions are considered to be Minor Patient Care
				Violations:
(a) Subsections (1) and (8) of
				Section  463.0135, F.S., entitled
				"Standards of Practice."
(b)
				Subsections (1) and (2) of Rule
				 64B13-3.007, F.A.C., entitled
				"Minimum Procedures for Comprehensive Eye Examination, " if the violation is a
				first offense of failing to perform or record.
(c) Rule
				 64B13-3.010, F.A.C., entitled
				"Standard of Practice for Licensed Optometrists" if the violation does not
				substantially affect patient care.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.0065 - Disciplinary Action; Telehealth Registrants

Current through Reg. 50, No. 138; July 16, 2024
This rule applies to health care professionals not licensed
				  in Florida but who have registered as a telehealth provider pursuant to Section
				   456.47(4),
				  F.S.
(1) For any violation that is
				designated as a Minor Administrative Violation in subsection
				 64B13-15.003(1),
				F.A.C., the range of penalties are as follows:
(a) First violation - Letter of
				concern.
(b) Second violation -
				Reprimand.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.007 - Aggravating and Mitigating Factors

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Based upon consideration of aggravating or mitigating factors, present in an
				individual case, the Board may deviate from the designated penalties. The Board
				shall consider as aggravating or mitigating factors the following:
(a) The danger to the public;
(b) The length of time since the
				violation;
(c) The number of times
				the licensee has been previously disciplined by the board;
(d) The length of time licensee has
				practiced;
(e) The actual damage,
				physical or otherwise, caused by the violation;
(f) The deterrent effect of the penalty
				imposed;
(g) The effect of the
				penalty upon the licensee's livelihood;
(h) Any effort of rehabilitation by the
				licensee;
(i) The actual knowledge
				of the licensee pertaining to the violation;
(j) Attempts by licensee to correct or stop
				violation or refusal by licensee to correct or stop violation;
(k) Related violations against licensee in
				another state including findings of guilt or innocence, penalties imposed and
				penalties served;
(l) Actual
				negligence of the licensee pertaining to any violation;
(m) Penalties imposed for related
				offenses;
(n) Pecuniary gain to the
				licensee;
(o) Any other relevant
				mitigating or aggravating factors under the circumstances.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.008 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				sections  120.695 and
				 456.073(3),
				F.S., a notice of noncompliance will be issued as the first enforcement action
				taken against a licensee for a minor violation of a rule or a statutory
				provision which does not endanger the public health, safety and welfare and
				does not demonstrate a serious inability to practice the profession of
				optometry.
(2) The Board designates
				the following as minor violations for which a notice of noncompliance may be
				issued.
(a) Paragraph
				 64B13-15.005(1)(a),
				F.A.C., and section  456.062, F.S., entitled
				"Advertisement by health care provider of free or discounted services; required
				statement."
(b) Paragraph
				 64B13-15.005(1)(c),
				F.A.C., and section  456.011, F.S., "Exhibition of
				license."
(c) Subsection
				 463.0135(8),
				F.S., relating to the maintenance of physician, clinic, or hospital referral
				list.
(d) Subsection
				 893.055(8),
				F.S., relating to a first-time failure to consult the Prescription Drug
				Monitoring Program Controlled Substance Dispensing Information Electronic
				System.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-15 - DISCIPLINE › Section 64B13-15.009 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(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;
(b)
				"Subject" means the licensee or applicant alleged to have committed a violation
				designated in this rule.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-16 - BRANCH OFFICES › Section 64B13-16.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.001,
					 463.011
					 FS.
New 5-29-90, Formerly 21Q-16.001, 61F8-16.001, 59V-16.001,
					 Amended 4-17-13, Repealed 5-11-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-16 - BRANCH OFFICES › Section 64B13-16.002 - Branch Office License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.013(2),
					 463.005(1)(a)
					 FS. Law Implemented 456.013(2),
					 463.011
					 FS.
New 5-29-90, Formerly 21Q-16.002, 61F8-16.002, 59V-16.002,
					 Amended 11-6-02, 3-31-09, Repealed
					 3-13-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-16 - BRANCH OFFICES › Section 64B13-16.003 - Requirements and Restrictions for Mobile Branch Offices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005(1)(a)
					 FS. Law Implemented 463.001,
					 463.011
					 FS.
New 5-29-90, Formerly 21Q-16.003, 61F8-16.003, 59V-16.003,
					 Amended 11-16-05, Repealed 5-11-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-16 - BRANCH OFFICES › Section 64B13-16.004 - Requirements and Restrictions for Fixed Branch Offices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005(1)(a)
					 FS. Law Implemented 463.001,
					 463.011
					 FS.
New 5-29-90, Formerly 21Q-16.004, 61F8-16.004, 59V-16.004,
					 Amended 11-6-02, Repealed 5-11-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-16 - BRANCH OFFICES › Section 64B13-16.005 - Exceptions to Branch Office Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005(1) FS.
					 Law Implemented 463.001,
					 463.011
					 FS.
New 5-29-90, Formerly 21Q-16.005, 61F8-16.005, 59V-16.005,
					 Amended 4-17-13, Repealed 5-11-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-18 - TOPICAL OCULAR PHARMACEUTICAL AGENTS › Section 64B13-18.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 463.005,
					 463.0055(2)(a)
					 FS. Law Implemented 463.0055
					 FS.
New 3-30-87, Formerly 21-18.001, 21Q-18.001, 61F8-18.001,
					 59V-18.001, Repealed 3-13-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-18 - TOPICAL OCULAR PHARMACEUTICAL AGENTS › Section 64B13-18.002 - Formulary of Topical Ocular Pharmaceutical Agents

Current through Reg. 50, No. 138; July 16, 2024
The formulary of topical ocular pharmaceutical agents
				  consists of pharmaceutical agents that are appropriate to treat or diagnose
				  ocular disease and disorders and which a certified optometrist is qualified to
				  administer and prescribe in the practice of optometry pursuant to Section
				   463.0055(2)(a),
				  F.S. The topical ocular pharmaceutical agents in the formulary include the
				  following legend drugs alone or in combination in concentrations up to those
				  specified, or any lesser concentration:
(1) CYCLOPLEGIC AND MYDRIATICS
(a) atropine sulfate - 1.0% (solution and
				ointment);
(b) phenylepherine
				hydrochloride - 2.5%;
(c)
				cyclopentolate hydrochloride - 1.0%;
(d) scopolamine hydrobromide -
				0.25%;
(e) homatropine hydrobromide
				- 5.0%;
(f) tropicamide -
				1.0%;
(g) hydroxyamphetamine
				hydrobromide - 1.0% (in combination).
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B13 - Board of Optometry › Chapter 64B13-18 - TOPICAL OCULAR PHARMACEUTICAL AGENTS › Section 64B13-18.003 - Procedures Regarding Topical Ocular Pharmaceutical Agents

Current through Reg. 50, No. 138; July 16, 2024
(1) Requests for the
				addition, deletion or modification of the formulary of topical ocular
				pharmaceutical agents shall be filed with the Board.
(2) The request shall be in writing and shall
				contain the following information:
(a) The
				name, address, and telephone number of the individual or entity filing the
				request;
(b) The chemical name of
				the agent;
(c) The brand name(s) of
				the agent;
(d) The concentration of
				the agent;
(e) The United States
				FDA approved information sheet for the agent;
(f) The date the FDA released the agent for
				sale; and,
(g) An explanation why
				the requested addition, deletion or modification is consistent with the
				provisions of section
				 463.0055, F.S. and should be
				made.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B14 - Board of Orthotists and Prosthetists › Chapter 64B14-1 - BOARD MEETINGS › Section 64B14-1.001 - Other Business Involving the Board

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				board member compensation under Section
				 456.011(4),
				F.S., "other business involving the board" is defined to include:
(a) Noticed meetings of the Board;
(b) Meetings of committees or workshops of
				the Board;
(c) Meetings of a Board
				member with Department staff or contractors of the Department at the Board's or
				Department's request;
(d) Travel
				days to or from any meeting referenced herein.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B14 - Board of Orthotists and Prosthetists › Chapter 64B14-1 - BOARD MEETINGS › Section 64B14-1.002 - Unexcused Absences

Current through Reg. 50, No. 138; July 16, 2024
(1) Unexcused
				absences from regularly scheduled Board meetings are absences for reasons other
				than court order, subpoena, business with a court which has the sole
				prerogative of setting the date of such business, death of a family member,
				illness of the Board member, hospitalization of the member's immediate family,
				hurricane or natural disaster.
(2)
				An otherwise excused absence is not excused if the Board member fails to notify
				the Board office of the impending absence prior to the regularly-scheduled
				Board meeting at which the absence will occur or unless the failure to notify
				the Board office is the result of circumstances surrounding the reason for the
				absence which the Board itself excuses after the absence has
				occurred.
(3) "Family" consists of
				immediate family, nieces, nephews, cousins, and in-laws.
(4) "Immediate family" consists of spouse,
				children, parents, parents-in-law, siblings, grandchildren, and
				grandparents.
Rulemaking Authority
					 456.011(3) FS.
					 Law Implemented 456.011(3)
					 FS.
New 6-18-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B14 - Board of Orthotists and Prosthetists › Chapter 64B14-1 - BOARD MEETINGS › Section 64B14-1.003 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination of whether probable cause exists that a violation of chapters 456
				and 468, part XIV, F.S., and/or the rules promulgated pursuant thereto, has
				occurred shall be made by a majority vote of a probable cause panel of the
				Board.
(2) The Chair of the Board
				shall appoint no more than three people to the probable cause panel and shall
				designate its chair. The appointed members shall be either current members of
				the Board or a former member of the Board pursuant to section
				 456.073(4),
				F.S. No more than one member of the panel may be a former board
				member.
(3) The Chair of the Board
				may make temporary appointments to the panel as necessary to conduct the
				business of the panel in the absence or unavailability of a regularly appointed
				panel member.
Rulemaking Authority
					 456.073,
					 468.802 FS. Law Implemented
					 456.073
					 FS.
New 10-14-02
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B14 - Board of Orthotists and Prosthetists › Chapter 64B14-1 - BOARD MEETINGS › Section 64B14-1.004 - Address of Record and Place of Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person holding
				a license or registration issued pursuant to Chapter 468, Part XIV, F.S., must
				maintain on file with the Board of Orthotists and Prosthetists the current
				address at which any notice required by law may be served by the Board or its
				agent. Within 30 days of changing this address, whether or not within this
				state, the licensee shall change his or her address at the Board's website
				[
www.doh.state.fl.us/mqa/OrthPros/index.html
]
				or notify the Board by email or in writing of the new address at which the
				licensee may be served with notices or other documents.
(2) Each person holding a license or
				registration issued pursuant to Chapter 468, Part XIV, F.S., must maintain on
				file with the Board of Orthotists and Prosthetists the current primary place of
				practice, to include the practice name, address, and phone number. Within 30
				days of changing this address, whether or not within this state, the licensee
				or registrant shall notify the Board by email or in writing of the new practice
				information.
Rulemaking Authority
					 456.035 FS. Law Implemented
					 456.035
					 FS.
New 9-18-07, Amended
					 11-9-10.