RULE NO: RULE TITLE
64B-1.013: Post-Examination Review
PURPOSE AND EFFECT: This rule revision will implement changes necessary to clarify the post examination review process.
SUMMARY: The proposed amendments will clarify the department’s current business processes as it relates to post-examination review.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.004(5), 456.017(2) FS.
LAW IMPLEMENTED: 456.017(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Wenhold, Manager of Testing Services, Division of Medical Quality Assurance, Bureau of Operations, 4052 Bald Cypress Way, Mail Bin C-90, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-1.013 Post-Examination Review.

(1) When review of a national examination administered by the department is permitted, the review shall be conducted in accordance with national examination security procedures.

(2) A candidate who has taken and failed a department-developed practical or clinical examination or a department-developed electronically administered examination shall have the right to one (1) 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 ~~The~~ candidate who has taken and failed a department-developed practical or clinical examination or a (written) paper and pencil examination shall request a post-examination review in writing to the department. The request shall be received by the department within twenty-one (21) days from the date of notification of the failing grade. If the official grade report is sent by regular U.S. mail, the department will allow an additional five (5) days for mailing. If the official grade is posted on the department’s website, the candidate’s request for post-examination review shall be post-marked within twenty-one (21) days from the date the official grades are posted as indicated on the department’s website.

(b) Post-examination reviews shall be completed no later than sixty (60) days following the date on which the grades for the examination are released.

(c) Post-examination reviews will not be conducted during the thirty (30) day period immediately prior to the next administration of the examination.

(d) The provisions outlined in Rule 64B-1.004, Florida Administrative Code, shall apply to all review sessions. Violation of such provisions by a candidate shall result in termination of the review session and the candidate shall be subject to other sanctions as determined by the appropriate board pursuant to the board’s disciplinary guidelines.

(e) Post-examination reviews shall be conducted in the presence of a representative of the department at its Tallahassee headquarters during regular working hours which are defined as 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding official state holidays. For opticianry neutralization and computer-based testing examinations, post-examination reviews may be conducted at another location.

(f) A representative from the department shall remain with all candidates throughout all post-examination reviews. The representative shall inform candidates that he or she cannot defend the examination or attempt to answer any examination questions during the review.

(g) For electronically administered or written examinations, the candidate will be provided one-half the time given for the examination administration for completion of a post-examination review. For clinical examinations, the time provided will be determined for each specific profession.

(h) Prior to a post-examination review, candidates shall be provided written instructions and shall acknowledge in writing at that time, receipt of such instructions and affirm that they will abide by the following instructions:

1. Only the candidate will be allowed to enter the review area;

2. No extraneous materials of any type may be brought into the review room;

3. The candidate will be provided with a duplicate of the answer sheets, a copy of the questions missed, and if applicable, other examination materials;

4. No additional time beyond the scheduled time will be provided for examination review;

5. No talking is allowed between the candidates when in the review room;

6. All examination materials are to be given to the Review Coordinator prior to departing the review room; and

7. Any observation or evidence of a candidate attempting to copy, remove or modify any testing materials shall result in the termination of the review session and shall be reported to the board, or the department where there is no board.

(i) Upon completion of a post-examination review, candidates shall acknowledge in writing: the start and end time of the review, all materials that have been reviewed and any other relevant review information.

(j) In addition to the other provisions of this rule, candidates shall be prohibited from leaving a post-examination review with written notes, grade sheets, or any other examination materials.

(3) A candidate who has taken and failed a department-developed practical or clinical examination or a department-developed electronically administered examination, completed a post-examination review and wishes to challenge the examination shall file a request/petition for administrative hearing with the department within 21 days after the date on which he/she completes his/her post-examination review.

Specific Authority 456.004(5), 456.017(2)~~(1)~~ FS. Law Implemented 456.017(2)~~(1)~~ FS. History–New 9-7-98, Amended 7-20-03, ________.