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. 35 No. 13, April 3, 2009 issue of the Florida Administrative Weekly.
The changes are in response to written comments received from the Joint Administrative Procedures Committee. The rule as amended to address the JAPC concerns including technical changes made regarding typographical errors and shall now read as follows:
64B-1.001 Application Deadlines; Examination Rescheduling.
Rulemaking Authority 456.004(5), 456.004(10), 456.013(1), 456.014, 456.017(1), (2), (6), (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.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), (2), (6), (7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03,________.
64B-1.003 Examination Administration.
(1) through (4) No change.
(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) through (9) No change.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1)(a), (d), (f), (2), (6), (7) FS. Law Implemented 456.017(1)(a), (d) FS. History–New 9-7-98, Amended 7-20-03, 3-26-07, 4-7-08,________.
64B-1.004 Conduct at Test Site.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1)(d), (f), (2), (6), (7) FS. Law Implemented4 56.017(1)(d) FS. History–New 9-7-98,Amended 7-20-03,_______.
64B-1.005 Special Testing Accommodations.
(1)(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 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.
(3)(b) 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. Candidates must file form DH-MQA 1191, 3/09, each time accommodations are needed.
(8)(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 for which special testing accommodation is requested on form DH-MQA 4001, 6/08, Application For Candidates Requesting Special Testing Accommodation Due to a Religious Conflict. 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-MQA1192, 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 forty-day 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 where approved by the applicable board and testing vendor policy for the Mental Health Counseling and Electrology examinations.
(10) National examinations used by the department may require that special testing accommodations be reviewed and approved by the National vendor.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), (2), (6), (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) through (5) No change.
Rulemaking Authority456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), (2), (6), (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.
For professions 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:
(1) No change.
(2) For professions wWhere 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)a. Has three years of continuous practice in the respective field in the state;
(b)b. Has an active license in the respective field in the state at the time of the examination;
(c)c. Has not had must not have had 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)d. Is not currently under investigation by the department; and
(e)e. Is not currently 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)f. Does not have a relative currently 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 for including but not limited to the following reasons:
(a)a. Failure to satisfactorily perform.
(b)b. Failure to disclose actual or apparent conflicts of interest to the department.
(c)c. Failure to maintain eligibility criteria as outlined in this rule.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), (2), (6), (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)(a) through (b) No change.
(c) shall be deleted in its entirety.
(2) through (9) No change.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), (2), (6), (7) FS. Law Implemented 456.017(1) FS. History–New 9-7-98, Amended 7-20-03,_______.
64B-1.009 Pre-hearing Review Request.
Rulemaking Authority 456.004(5), 456.004(10), 456.013(1), 456.014, 456.017(1), (2), (6), (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 organization providing the examination shall either:
(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 necessary to ensure the minimum competence of practitioners to protect the health, safety and welfare of the public,
2. through 3. No change.
2. through 6. No change.
(c)1. through 6. No change.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1)(c), (2), (6), (7) FS. Law Implemented 456.017(1)(c) FS. History–New 9-7-98, Amended 7-20-03, 4-7-08,________.
64B-1.013 Post-Examination Review.
Rulemaking Authority 456.004(5), 456.004(10) 456.013(1), 456.014, 456.017(1), (2), (6), (7) FS. Law Implemented 456.017(2) FS. History–New 9-7-98, Amended 7-20-03, 6-19-08,________.