64B-1.003: Examination Administration
64B-1.005: Special Testing Accommodations
64B-1.008: Grading of Examinations; Grade Notification.
64B-1.011: Requirements and Standards of a National Examination
64B-1.013: Post-Examination Review
64B-1.016: Fees: Examination and Post-Examination Review
PURPOSE AND EFFECT: To establish examination fees and procedures for the development, administration, security, grading, and review, of examinations used to measure the minimum competency of applicants for health care practitioner licensure.
SUMMARY: This chapter provides requirements for licensure examinations used to measure minimum competency of healthcare practitioners.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a)1.2. and 3., F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 456.004(5), (10), 456.017(1)(a), (b), (c), (d), (f), 456.017(2), (6), (7) FS.
LAW IMPLEMENTED: 456.004(10), 456.017(1), (2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Wenhold, 4052 Bald Cypress Way, Bin #C-90, Tallahassee, Florida 32399-3255
THE FULL TEXT OF THE PROPOSED RULE IS:
64B-1.003 Examination Administration.
Unless the national examination requires a different set of administration procedures, the following procedures shall be followed for any examination administered by the department or its contract provider.
(1) All examinations will be administered in accordance with the department’s “General Administration Manual for Examinations,” 2011 2009, incorporated herein by reference, and can be obtained from the Division of Medical Quality Assurance, Bureau of Operations, Practitioner Reporting and Examination Testing Services, 4052 Bald Cypress Way, Bin C-90, Tallahassee, Florida 32399-3290.
(2) through (9) No change.
Rulemaking Authority 456.004(5), 456.017(1)(a), (d), (f) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 3-26-07, 4-7-08, 9-30-09,________.
64B-1.005 Special Testing Accommodations.
(1) through (2) No change.
(3)(a) Candidates requesting special testing accommodation due to a disability shall file a request for special testing accommodation no later than sixty (60) days prior to the first day of the examination for which special testing accommodation is requested on form DH-MQA 4000, 2/2011 6/08, Application For Candidates Requesting Special Testing Accommodation in Accordance with the Americans with Disabilities Act, for which special testing accommodation is requested. Form DH-MQA 4000, 6/08, is hereby incorporated by reference, and can be obtained on the Testing Services website at: http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/spectest.htm or from the Division of Medical Quality Assurance, Bureau of Operations, Practitioner Reporting and Examination Testing Services, 4052 Bald Cypress Way, Bin C-90, Tallahassee, Florida 32399-3290. If a candidate becomes disabled after the sixty-day deadline has passed and that candidate has not requested special accommodation, the department will provide any such requested accommodation that can be made available without posing undue burden or jeopardizing the security and integrity of the examination. However, in no event will accommodation be provided to exam candidates requesting special accommodation ten (10) days or less, before the examination.
(b) In addition to form DH-MQA 4000, 2/2011 6/08, the candidate shall provide the department with documentation of their disability completed by a practitioner licensed pursuant to Chapter 490, (Psychology), Chapter 458 (Medical Practice), Chapter 459 (Osteopathy), Chapter 461 (Podiatry), Chapter 463 (Optometry), Chapter 468, Part I (Speech-Language Pathology & Audiology), or Chapter 460 (Chiropractic Medicine), Florida Statutes, or by a comparable practitioner licensed in another jurisdiction in the United States. Such documentation shall be sufficient to allow an independent reviewer to evaluate the diagnosed condition(s) and shall include:
1. through 4. No change.
(4) through (6) No change.
(7) Candidates who have previously received special testing accommodations for an examination in accordance with the Americans with Disabilities Act and need accommodations for another examination or for a retake of the same examination must submit their request to the department no later than (60) days from the date of the first day of the examination for which special testing accommodation is requested on form DH-MQA 1191, 2/2011 3/09, Reapplication for Special Testing Accommodations in Accordance with the Americans with Disabilities Act. Form DH-MQA 1191, 2/2011 3/09, is hereby incorporated by reference, and can be obtained on the Examination Testing Services website at: http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/spectest.htm or from Division of Medical Quality Assurance, Bureau of Operations, Practitioner Reporting and Examination Testing Services, 4052 Bald Cypress Way, Bin #C-90, Tallahassee, Florida 32399-3290. Candidates must file form DH-MQA 1191, 2/2011 3/09, each time accommodations are needed.
(8) Candidates requesting special testing accommodation due to a religious belief shall submit their request to the department no later than sixty (60) days from the date of the first day of the examination for which special testing accommodation is requested on form DH-MQA 4001, 2/2011 6/08, Application For Special Testing Accommodations Due to a Religious Conflict. Form DH-MQA 4001, 2/2011 6/08, is hereby incorporated by reference, and can be obtained on the Examination Testing Services website at: http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/spectest.htm or from the Division of Medical Quality Assurance, Bureau of Operations, Practitioner Reporting and Examination Testing Services, 4052 Bald Cypress Way, Bin #C-90, Tallahassee, Florida 32399-3290. If the forty-day deadline has passed and that candidate has not requested special accommodation, the department will provide any such requested accommodation that can be made available without posing undue burden or jeopardizing the security and integrity of the examination. However, in no event will accommodation be provided to exam candidates requesting special accommodation ten (10) days or less, before the examination.
(9) Candidates requesting the use of a translation dictionary due to English as a second language. shall submit their request to the department no later than forty (40) days from the date of the first day of the examination for which special testing accommodation is requested on form DH-MQA 1192, 2/2011 3/09, Application For Use of a Translation Dictionary Due to English as a Second Language. Form DH-MQA 1192, 2/2011 3/09, is hereby incorporated by reference, and can be obtained on the Examination Testing Services website at http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/spectest.htm or from the Division of Medical Quality Assurance, Bureau of Operations, Examination Testing Services, 4052 Bald Cypress Way, Bin C-90, Tallahassee, Florida 32399-3290. If the forty-day deadline has passed and that candidate has not requested special accommodation, the department will provide any such requested accommodation that can be made available without posing undue burden or jeopardizing the security and integrity of the examination. However, in no event will accommodation be provided to exam candidates requesting special accommodation ten (10) days or less, before the examination. Translation Dictionaries due to English as a second language are only available where approved by the applicable board and testing vendor policy.
(10) No change.
Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 1-8-09, 9-30-09,_________.
64B-1.008 Grading of Examinations; Grade Notification.
(1) through (3) No change.
(4) The department or its contract provider shall notify the candidate of the results of the candidate’s examination no later than 60 days after the examination date except when the grades are computed by or for a national organization responsible for a national examination in Florida. In the case of a national examination, the grades shall be posted on the Examination Testing Services website at: http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/ or sent to the candidate no later than 30 days after the department’s receipt of the grades from the national examination provider.
(5) Official grades are to be posted on the Examination Testing Services website, the website shall notify applicants in advance of the window when the official grades will be available on the internet.
(6) through (9) No change.
Rulemaking Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 9-30-09,________.
64B-1.011 Requirements and Standards of a National Examination.
(1) No change.
(2) If an organization makes a request to the department to certify a national examination, the organization shall submit to the Division of Medical Quality Assurance, Bureau of Operations, Practitioner Reporting and Examination Services Testing, 4052 Bald Cypress Way, Bin #C-90, Tallahassee, Florida 32399-3290, documentation establishing that it meets the requirements established in subsection (1) of this rule, and a non-refundable fee of:
(a) through (c) No change.
(3) No change.
Rulemaking Authority 456.004(5), 456.017(1)(c) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 4-7-08, 9-30-09,__________.
64B-1.013 Post-Examination Review.
(1) No change.
(2) A candidate who has taken and failed a department-developed practical or clinical examination or a department-developed computer-based testing examination shall have the right to one post-examination review of those examination questions answered incorrectly, the answers to those examination questions answered incorrectly, and to materials, grades and grading keys related thereto.
(a) A candidate who has taken and failed a department-developed practical or clinical examination shall request a post-examination review in writing to the department. The request shall be postmarked within 21 days from the date that official notification of the failing grade is posted. Official grades are posted on the Examination Testing Services website at: http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/.
(b) A candidate who has taken and failed a department-developed computer-based examination shall request a post-examination review in writing to the contracted vendor. The request shall be emailed to the contracted vendor within 21 days from the date that official notification of the failing grade is posted. Official grades are posted on the Examination Testing Services website at: http://doh.state.fl.us/mqa/Exam/index.htm http://www.doh.state.fl.us/mqa/exam/.
(c) Post-examination reviews shall be completed no later than 60 days following the date on which the grades for the examination are posted on the Examination Testing Services website.
(d) through (k) No change.
(3) No change.
Rulemaking Authority 456.004(5), 456.017(2) FS. Law Implemented 456.017(2) FS. History–New 9-7-98, Amended 7-20-03, 6-19-08, 9-30-09,_________.
64B-1.016 Fees: Examination and Post-Examination Review.
(1)(a) The following fees shall be assessed by the department to cover administrative costs, actual per-applicant costs, and costs incurred to develop, purchase, validate, administer, and defend the following department developed, administered, or managed examinations:
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Exam Fees | ||
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Profession |
Exam |
Exam Fee |
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Chiropractic Medicine |
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Laws & Rules |
$90.00 |
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Dental |
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Laws & Rules |
$80.00 |
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Dental Hygiene |
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|
Laws & Rules |
$50.00 |
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Electrolysis |
National |
$135.00 |
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Nursing Home Administrator |
Laws & Rules |
$190.00 |
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Opticianry |
Practical |
$470.00 |
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Neutralization |
$100.00 |
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Optometry |
Clinical |
$1,125.00 |
|
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Pharmacology |
$315.00 |
|
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Laws & Rules |
$100.00 |
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Psychology |
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Laws & Rules |
$85.00 |
(b) through (c) No change.
(2) The department shall assess the following non-refundable post examination review fees to cover the actual cost to the department to provide the examination review:
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Review Fees | ||
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Optometry |
Clinical |
$270.00 |
|
Physical Therapy |
Laws & Rules |
$80.00 |
|
Physical Therapy Assistant |
Laws & Rules |
$80.00 |
For those examinations administered through the department’s computer based testing vendor, the candidate will be assessed a fee by the vendor to conduct the post-examination review.
Rulemaking Authority 456.004(5), (10), 456.017(1)(b), (2), (6), (7) FS. Law Implemented 456.004(10), 456.017(1), (2) FS. History–New 3-14-02, Amended 7-20-03, 7-12-05, 1-23-07, 4-7-08, 6-29-09,_________.