Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 4, January 25, 2008 issue of the Florida Administrative Weekly.

The changes are in response to comments from staff of the Joint Administrative Procedures Committee.

The changes are as follows:

(1)(a) through (b) No change.

(2)(a) through (b) 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 on form DH-MQA 4000, 6/08, Application For Candidates Requesting Special Testing Accommodations 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 from the Division of Medical Quality Assurance, Bureau of Operations, 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, 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. The diagnosis and duration of the candidate’s condition;

2. The name of the test(s) used for diagnosis; and

3. Recommendations regarding appropriate accommodations and testing environment.

4. Reasonable accommodations shall be made for candidates who qualify. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability. Permissible accommodations include:

a. Additional Time: Provided for candidates requiring extra time to take an examination. However, in no event shall a candidate be provided an untimed examination.

b. Alternate Setting: Individual and small group examination administrations shall be available to qualified candidates.

c. Alternate Recording of Responses: The candidate’s responses can be recorded by a proctor or by another method approved by the department. In the event answer sheets are machine-scored, the proctor shall transcribe the candidate’s responses onto a machine-scannable answer sheet. In these instances, the candidate will verify that the answer marked was the candidate’s intended option.

d. Alternate Format: The test booklet can be produced in an appropriate manner as approved by the department on a case-by-case basis, based on the practitioner’s recommendation.

e. Assistive Devices: The candidate will be allowed to use appropriate assistive devices approved by the department based on the practitioner’s recommendation.

(4) through (6) No change.

(7) Candidates requesting special testing accommodation due to religious beliefs shall submit their request to the department no later than sixty (60) days from the date of the first day of the examination on form DH-MQA 4001, 6/08, Application For Special Testing Accommodations Due to a Religious Conflict for which special testing accommodation is requested. Form DH-MQA 4001, 6/08 is hereby incorporated by reference, and can be obtained from the Division of Medical Quality Assurance, Bureau of Operations, Testing Services, 4052 Bald Cypress Way, Bin C-90, Tallahassee, Florida 32399-3290. If 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.

(8) No change.

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