64B-1.001: Application Deadlines; Examination Rescheduling
64B-1.002: Notification of Applicants
64B-1.003: Examination Administration
64B-1.004: Conduct at Test Site
64B-1.005: Special Testing Accommodations
64B-1.006: Practical Examinations
64B-1.007: Selection Criteria for Examiners and Examination Consultants
64B-1.008: Grading of Examinations; Grade Notification; Chiropractic Examination Grading
64B-1.009: Pre-hearing Review Request
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
64B-1.017: Use of Pilot Test Items
PURPOSE AND EFFECT: The Department proposes to review this rule section for the possibility of clarifying certain provisions, to reorganize certain provisions in a more logical manner, promulgate new definitions of terms and delete definitions of terms. This process will include, but not be limited to, reviewing this section for rule promulgations related to changes to the Americans With Disabilities Act of 1990 (Pub. L. 101-336) as adopted in the “A.D.A. Amendments Act of 2008” adopted by the U.S. Congress. The department also wants to update exam fees to cover actual costs.
SUMMARY: The proposed rule will clarify examination terms and procedures, delete outdated language, standardize language used throughout the rule, and reorganize certain provisions in a more logical manner. The proposed rule will also update language with regards to special testing accommodations pursuant to the Americans with Disabilities Act of 1990 (Pub. L. 101-336) in accordance with the A.D.A. Amendment’s Act of 2008. The proposed rule will incorporate forms regarding the reapplication for A.D.A. special testing accommodations and the use of English translation dictionaries for certain examinations. Finally, the proposed amendments will affect the examination fees based on the requirement that the department adjust examination fees periodically to cover the actual cost of the examination .
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), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS.
LAW IMPLEMENTED: 456.013(1), 456.017(1) 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, 4052 Bald Cypress Way, Bin C-90, Tallahassee, FL 32399-3290
THE FULL TEXT OF THE PROPOSED RULE IS:
64B-1.001 Application Deadlines; Examination Rescheduling.
(1) Candidates shall submit applications for licensure examinations as prescribed by board rule or policy. With regards to department-developed practical or clinical examinations, completed applications for licensure examinations shall be submitted to the department at least 60 days prior to the scheduled examination. Unless otherwise specified by board rule, completed applications for licensure examinations shall be submitted to the department at least 60 days prior to the scheduled examination.
(2) No change.
(3) Examination Administrator is defined as a person(s) responsible for the administration or the delivery of the examination to the candidate either in person or electronically.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.013(1), 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, ________.
64B-1.002 Notification of Applicants.
(1) Unless otherwise specified by board rule, after a decision is made that an applicant meets the lawful requirements for the licensure examination, the department or contract provider will schedule the applicant for the next examination for which space is available that begins at least forty-five (45) days after the applicant is certified or after ninety (90) days from receipt of a complete application.
(2) If all eligible certified candidates cannot be scheduled for the next subsequent examination due to space, time or other limitations beyond the control of the department or contract provider, the candidates will be scheduled chronologically according to the date the application was complete.
(3) The department or contract provider will notify candidates of the place, date and time of the examination and provide the candidate with verification of scheduling. For department-developed practical or clinical examinations, a candidate will also receive an official admission slip which will be required for admission to sit for the examination. The department or contract provider shall inform the candidate of the length of the examination, patient criteria when a patient is needed for a practical or clinical examination, and any special equipment or materials the candidate needs to bring to the examination, including required identification. Except with regard to national examinations, the department or contract provider shall also inform a candidate of the major content areas tested on the examination.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, ________.
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,” 20098, incorporated herein 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.
(2) Examination Administrator is defined as a person(s) responsible for the administration or the delivery of the examination to the candidate either in person or electronically.
(3)(2) During the examination, the candidates will follow the instructions given by the examination administrator. The instructions shall be provided to the candidates in either written or oral form by the examination administrator.
(4)(3) The department’s valid admission slip for the specified examination and a government-issued photo identification such as a valid driver’s license or passport, shall be presented in order to gain admission to the examination. A government-issued photo identification shall be acceptable in the absence of the admission slip provided the candidate’s name appears on the examination admission roster that has been prepared for the specific examination. Department contracted vendors may require additional forms of identification for security purposes.
(5) Candidates and/or their patients shall not be in possession of electronic devices including, but not limited to, cell phones, palm pilots, pagers, or cameras at the examination site.
(6)(4) If the candidate arrives at the designated testing location after the designated starting time, the candidate shall not be permitted to take the examination. However, if the examination has not begun, the examination administrator may attempt reasonable accommodations.
(7)(5) If through some mechanical or clerical error of the department or the contract provider, the candidate does not receive the allotted time to complete the examination, additional time shall be allowed upon approval of the examination administrator.
(8)(6) All examination questions, booklets, answer sheets, electronic files and other examination papers and materials, in any form, are the sole property of the department or the national provider. No candidate shall take any part of the examination questions, booklets, answers sheets, electronic files and/or other examination papers and materials, in any form, from the examination room, or retain, reproduce or compromise the examination in whole or in part by any means or method whatsoever.
(9)(7) Candidates must wait at least 30 days after an examination before they can re-examine.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 3-26-07, 4-7-08, ________.
64B-1.004 Conduct at Test Site.
For examinations administered by the department or a contract provider, the conduct at the test site shall be as follows:
(1) The examination administrator and proctors are the department’s designated agents in maintaining a secure and proper examination administration. Failure to comply with the written and/or oral instructions provided by the department’s designated agents shall result in the removal of the examinee from the examination site room.
(2) Any individual found by the department or any board within the department to have engaged in conduct which subverts or attempts to subvert the examination process shall have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of other appropriate sanctions by the applicable board or department, when there is not board.
(3) Conduct, which subverts or attempts to subvert the examination process includes:
(a) Conduct which violates the security of the examination materials, such as removing from the examination site room any of the examination materials; reproducing or reconstructing any portion of the licensure examination; aiding by any means in the reproduction or reconstruction of any portion of the licensure examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensure examination.
(b) Conduct which violates the standard of test administration, such as communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination in the information provided to the examinee in advance of the examination date by the department and/or the contracted vendor national provider of the examination.
(c) No change.
(4) No change.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, ________.
64B-1.005 Special Testing Accomodations.
(1) Definitions.
(a) The term “disability” means, with respect to an individual:
1. A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
(b) A physical or mental impairment means:
1. through 2. No change.
(c) Major life activities include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions are activities that an average person can perform with little or no difficulty which include: walking, talking, hearing, seeing, speaking, breathing, learning, working, caring for one’s self and performing manual tasks.
(2)(a) No change.
(b) For national examinations the national vendor will determine the accommodations are available to candidates who demonstrate to the department the necessity of such accommodations due to disability.
(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, 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://www.doh.state.fl.us/mqa/exam/spectest.htm or 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) through (e) 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, 3/09, Reapplication for Special Testing Accommodations in Accordance with the Americans with Disabilities Act. Form DH-MQA 1191, 3/09, is hereby incorporated by reference, and can be obtained on the Testing Services website at http://www.doh.state.fl.us/mqa/exam/spectest.htm or from Division of Medical Quality Assurance, Bureau of Operations, Testing Services, 4052 Bald Cypress Way, Bin C-90, Tallahassee, Florida 32399-3290. Candidate must file form DH-MQA 1191 each time accomodations are needed.
(8)(7) Candidates requesting special testing accomodation 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 for which special testing accommodation is requested on form DH-MQA 4001, 6/08, Application For Candidates Requesting Special Testing Accommodation Due to Religious Conflict, for which special testing accommodation is requested. Form DH-MQA 4001, 6/08, is hereby incorporated by reference, and can be obtained on the Testing Services website at http://www.doh.state.fl.us/mqa/exam/spectest.htm or from 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.
(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, 3/09, Application For Use of a Translation Dictionary Due to English as a Second Language. Form DH-MQA 1192, 3/09, is hereby incorporated by reference, and can be obtained on the Testing Services website at http://www.doh.state.fl.us/mqa/exam/spectest.htm or 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. Translation Dictionaries due to English as a second language are only available for the Mental Health Counseling and Electrology examinations.
(10)(8) National examinations used by the department may require that special testing accomodations be reviewed and approved by the National vendor.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, ________.
64B-1.006 Practical or Clinical Examinations.
Unless specified in board rule, the following procedures shall be used with regard to department-developed practical or clinical examinations:
(1) Candidates required to take a practical or clinical examination shall be informed by the department, or the department’s contracted vendor, in writing of the applicable performance criteria, patient criteria and any special equipment required for such performance.
(2) In the event professional examiners are employed to evaluate candidate performance on practical or clinical examinations, no less than two (2) examiners shall independently evaluate the performance of each candidate.
(3) The examiners shall not discuss any candidate’s performance with anyone at any time during the examination or before the grades are recorded. The candidates and examiners shall not engage in conversation during a practical or clinical examination unless such conversation is required as part of the practical or clinical examination.
(4) The department’s contract provider shall provide instructions to the candidates.
(4)(5) The examiners shall grade the candidates only with regard to the prescribed performance criteria.
(6) The candidates and examiners shall not engage in conversation during the practical performance unless said conversation is part of the practical examination.
(5) Preceding each examination administration, examiners shall attend a standardization session to discuss the scoring criteria and standards. Standardization is mandatory for all examiners and failure to attend excludes examiners from participating in the examination.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017 FS. History–New 9-7-98, Amended 7-20-03, ________.
64B-1.007 Selection Criteria for Examiners and Examination Consultants.
(1) Examiners and examination consultants are to be selected based upon criteria adopted by board rule.
(2) Where there is no board, or board rule, in order to be eligible to serve as an examiner or an examination consultant for department-developed examinations, the prospective examiner or examination consultant must meet the following criteria:
a.(1) Has Must have three (3) years of continuous practice in the respective field in the state;
b.(2) Has Must possess an active license in the respective field in the state at the time of the examination;
c.(3) Has not had Must not have his/her license in the respective field suspended or revoked. If the prospective examiner or examination consultant’s license has been disciplined other than with suspension or revocation, the department reserves the right to evaluate his/her selection as deemed appropriate;
d.(4) Is not Must not currently be under investigation by the department; and
e.(5) Is not Must not currently be teaching or presently employed in the respective field in either: an academic setting in this state, or an examination preparation course in any state.
f. Does not have a relative currenlty enrolled in an educational institution pursuing a course of study in the respective field.
(3) The department reserves the right to remove an examiner or examination consultant including but not limited to the following reasons:
(a) Failure to satisfactorily perform.
(b) Failure to disclose actual or apparent conflicts of interest to the department.
(c) Failure to maintain eligibility criteria as outlined in this rule.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, ________.
64B-1.008 Grading of Examinations; Grade Notification; Chiropractic Examination Grading.
(1) Grading of all examinations shall be processed as follows:
(a) National examinations shall be graded solely and exclusively by the national examination provider or its contract provider.
(b) Department-developed practical or clinical or computer-based testing, electronically administered, objective, multiple choice examinations shall be graded by the department or its contract provider. The department or its contract provider shall review any statistically questionable items for psychometric soundness via the item analysis after the examination has been administered. Based upon this review and/or the examination consultant’s recommendations, the department or its contract provider shall adjust the scoring key by rejecting psychometrically unsound questions, crediting for more than one correct answer, or giving partial credit for any question or procedure which does not adequately and reliably measure the applicant’s ability to practice the profession totally disregarding psychometrically unsound questions for grading purposes, or by giving credit for more than one correct answer per question. The department or its contract provider shall calculate each candidate’s grade utilizing the scoring key, or adjusted scoring key if applicable, and shall provide each candidate a grade report.
(c) Department-developed practical/CBT examinations shall be graded by the department or its contract provider. Examiners are to be selected based upon criteria adopted by board rule, and where there is no board, examiners are to be selected based upon criteria adopted by the department.
1. The department shall review any statistically questionable items or procedures for psychometric soundness after the examination has been administered. Based upon this review or the examination consultant’s recommendations, the department shall adjust the scoring key by rejecting, crediting, or giving partial credit for any question or procedure which does not adequately and reliably measure the applicant’s ability to practice the profession. The department or its contract provider shall calculate each candidate’s grade using the scoring key, or adjusted scoring key if applicable, and shall provide each candidate a grade report.
2. In the event professional examiners are employed to evaluate candidate performance on practical examinations, no less than two (2) examiners shall independently evaluate the performance of each candidate.
3. Preceding each examination administration, examiners shall attend a standardization session to discuss the scoring criteria and standards. Standardization is mandatory for all examiners and failure to attend excludes examiners from particiapting in the examination.
(c)(d) With regard to the Chiropractic examination:
1. Examiners shall meet the qualifications of Rule 64B2-11.007, F.A.C.
2. The practical examination of candidates shall be reevaluated at a discrepancy review if the total score by one examiner is below passing and the total score by the second examiner is passing.
a. through e. No change.
(2) 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 sixty (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 Testing Services website at http://www.doh.state.fl.us/mqa/exam/ or sent to the candidate no later than thirty (30) days after the department’s receipt of the grades from the national examination provider.
(5) Oofficial If the grades are to be posted on the Testing Services department’s website, the website shall notify applicants indicate in advance of the window when the official notification date the grades will be available on the internet.
(6) through (7) No change.
(8) For computer-based testing examinations, candidates shall receive a preliminary grade report at the computer-based testing site. Preliminary score reports are not official score reports. Preliminary score reports are subject to review and changes for accuracy and psychometric soundness.
(9) Computer-based testing examinations developed by or for the department may include pilot test or experimental questions for the purpose of evaluating the statistical and psychometric qualities of new or revised questions prior to their use in an examination.
(a) Pilot test or experimental questions will not be identified to the candidates as pilot test questions on the examination.
(b) The maximum number of pilot test questions included on an examination form shall not exceed 20 percent of the number of scored questions on the examination or ten questions, whichever is greater.
(c) Pilot test questions shall not be counted toward the candidate’s score on the examination. Answers to pilot test questions shall not be subject to review by the candidates during the candidates’ post-examination review session.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, ________.
64B-1.009 Pre-hearing Review Request.
(1) After the candidate’s petition for a hearing, pursuant to Section 120.57, F.S., and Rule 28-106.201, F.A.C., has been filed, the candidate and the candidate’s attorney shall be permitted a pre-hearing review pursuant to Rule 28-106.209, F.A.C., of the disputed examination questions and answers at the department’s headquarters in Tallahassee to prepare for the administrative hearing under the following conditions:
(a)(1) Pre-hearing reviews will not be conducted during the (30) days immediately prior to the candidate’s next examination date.
(b)(2) The candidate shall submit a written request for such review to the department’s attorney at least (14) days prior to the hearing date.
(c)(3) The candidate must pay a pre-hearing review fee as established by the department in order to receive a pre-hearing review.
(d)(4) The department will not respond to any oral or written comments made about the examination during the pre-hearing review.
(e)(5) All procedures outlined in Rules 64B-1.004 and 64B-1.013, F.A.C., shall apply to pre-hearing reviews. Rule 64B-1.013, F.A.C., shall apply to the candidate and the candidate’s attorney, if present, for the pre-hearing review.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.014, 456.017 FS. History–New 9-7-98, Amended 2-21-00, 7-20-03, 6-19-08,________.
64B-1.011 Requirements and Standards of a National Examination.
(1) National examinations will be certified by the department according to the criteria established in this rule. National examinations shall be recertified during contract renewal periods as established by the department.
(a) The national examinations shall be developed either by or for a national, regional, or multi-state professional association, board, council or society (hereinafter referred to as national organization). The national organization providing the examination shall either:
1. Be recognized by state regulatory boards as a national organization, or
2. Be recognized by a substantial number of that profession’s licensed practitioners as a national organization, or
3. Have a substantial number of the nation’s practitioners licensed or certified through an examination provided by or for the national organization.
(b) Examinations prepared by or for a national organization shall meet the following requirements:
1. The examinations shall be administered for the purpose of assessing entry-level skills to ensure the minimum competence of practitioners necessary to protect the health, safety and welfare of the public, from incompetent practice.
2. through 6. No change.
(2) through (3) No change.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03, 4-7-08, ________.
64B-1.013 Post-Examination Review.
(1) Procedures for post-examination review of a national examination, if permitted per policy, shall be in accordance with the policies and procedures of the national examination or contracted vendor. When review of a national/regional 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 computer-based testing 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 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 postmarked received by the department within twenty-one (21) days from the date that official of notification of the failing grade is posted. 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 Oofficial grades are is posted on the Testing Services department’s website, at http://www.doh.state.fl.us/mqa/exam/. 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) 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 Testing Services website at http://www.doh.state.fl.us/mqa/exam/.
(c)(b) Post-examination reviews shall be completed no later than sixty (60) days following the date on which the grades for the examination are posted on the Testing Services website released.
(d)(c) Post-examination reviews will not be conducted during the thirty (30) day period immediately prior to the next administration of the examination to the candidate.
(e)(d) The provisions outlined in Rule 64B-1.004, F.A.C., 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.
(f)(e) Post-examination reviews for department-developed clinical or practical examinations 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.
(g)(f) A representative or designee of 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.
(h)(g) For computer-based testing 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.
(i)(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 agree that they will abide by the following instructions:
1. through 5. No change.
6. All examination materials are to be given to the department representative or designee Review Coordinator prior to departing the review room; and
7. No change.
(j)(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.
(k)(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 computer-based testing 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. The petition/request for adminstrative hearing must be received or postmarked within 21 days after the date of the post-examination review.
Rulemaking Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(7) FS. Law Implemented 456.017(2) FS. History–New 9-7-98, Amended 7-20-03, 6-19-08, ________.
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:
|
Exam Fees | ||
|
Profession |
Exam |
Exam Fee |
|
Chiropractic Medicine |
Physical Diagnosis |
$450.00 |
|
|
Technique |
$450.00 |
|
|
X-Ray |
$450.00 |
|
|
Laws & Rules |
$170.00 |
|
Dental |
Clinical |
$165.00 |
|
|
Laws & Rules |
$80.00 |
|
Dental Hygiene |
Clinical |
$120.00 |
|
|
Laws & Rules |
$30.00 |
|
Electrolysis |
National |
$135.00 |
|
Hearing Aid Specialist |
National |
$110.00 |
|
Massage |
Colonics |
$225.00 |
|
Nursing Home Administrator |
Laws & Rules |
$250.00 |
|
|
National |
$85.00 |
|
Opticianry |
Practical |
$470.00 |
|
|
Neutralization |
$100.00 |
|
Optometry |
Clinical |
$1,125.00 |
|
|
Pharmacology |
$550.00 |
|
|
Laws & Rules |
$100.00 |
|
|
|
|
|
Physical Therapy |
Laws & Rules |
$20.00 |
|
|
National |
$5.00 |
|
PhysicalTherapist Assistant |
Laws & Rules |
$20.00 |
|
|
National |
$5.00 |
|
Psychology |
National |
$30.00 |
|
|
Laws & Rules |
$150.00 |
(b) For those examinations administered by the computer-based testing vendor, the candidate will be assessed a fee by the vendor.
(c) For those National examinations managed by the department, the candidate shall be assessed an additional fee to be determined by the National organization administering the examination.
(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:
|
Review Fees | ||
|
Profession |
Exam |
Review Fee |
|
Chiropractic Medicine |
Physical Diagnosis |
$100.00 |
|
|
Technique |
$100.00 |
|
Dental |
Clinical |
$180.00 |
|
Dental Hygiene |
Clinical |
$100.00 |
|
|
|
|
|
Opticianry |
Practical |
$170.00 |
|
|
Neutralization |
$60.00 |
|
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 Specific Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), 456.017(2), 456.017(6), 456.017(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, ________.
64B-1.017 Use of Pilot Test Items.
Electronically administered Computer-based testing examinations developed by or for the department might include pilot test or experimental questions for the purpose of evaluating the statistical and psychometric qualities of new or revised questions prior to their use in an examination.
(1) Pilot test or experimental questions will not be identified to the candidates as pilot test questions on the examination.
(2) The maximum number of pilot test questions included on an examination form shall not exceed 20 percent of the number of scored questions on the examination or ten (10) questions, whichever is greater.
(3) Pilot test questions shall not be counted toward the candidate’s score on the examination. Answers to pilot test questions shall not be subject to review by the candidates during the candidates’ post-examination review session.
Rulemaking Specific Authority 456.004(5), 456.017(1) FS. Law Implemented 456.017(1) FS. History–New 7-20-03, Repealed ________.