Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 918
Senate . House
Comm: RCS .
Appropriations Subcommittee on Health and Human Services
(Richter) recommended the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (10) and (12) of section 215.5602,
6 Florida Statutes, are amended to read:
7 215.5602 James and Esther King Biomedical Research
9 (10) The council shall submit a fiscal-year progress report
10 on the programs under its purview to the Governor, the State
11 Surgeon General, the President of the Senate, and the Speaker of
12 the House of Representatives by December 15. The report must
14 (a) For each
A list of research project projects supported
15 by grants or fellowships awarded under the program: .
16 1. (b) A summary list of the research project and results or
17 expected results of the research recipients of program grants or
19 2. (c) The status of the research project, including whether
20 it has concluded or the estimated date of completion.
21 3. The amount of the grant or fellowship awarded and the
22 estimated or actual cost of the research project.
23 4. A list of the principal investigators on the research
25 5. The title, citation, and summary of findings of a
26 publication publications in a peer-reviewed journal resulting
27 from the peer reviewed journals involving research supported by
28 grants or fellowships awarded under the program.
29 6. (d) The source and amount of any federal, state, or local
30 government grants or donations or private grants or donations
31 generated as a result of the research project.
32 7. The status of a patent, if any, generated from the
33 research project and an economic analysis of the impact of the
34 resulting patent.
35 8. A list of the postsecondary educational institutions
36 involved in the research project, a description of each
37 postsecondary educational institution’s involvement in the
38 research project, and the number of students receiving training
39 or performing research in the research project.
40 (b) The state ranking and total amount of biomedical
41 research funding currently flowing into the state from the
42 National Institutes of Health.
43 (e) New grants for biomedical research which were funded
44 based on research supported by grants or fellowships awarded
45 under the program.
46 (c) (f) Progress towards programmatic goals, particularly in
47 the prevention, diagnosis, treatment, and cure of diseases
48 related to tobacco use, including cancer, cardiovascular
49 disease, stroke, and pulmonary disease.
50 (d) (g) Recommendations to further the mission of the
52 (12)(a) Beginning in the 2011-2012 fiscal year and
53 thereafter, $25 million from the revenue deposited into the
54 Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
55 shall be reserved for research of tobacco-related or cancer
56 related illnesses. Of the revenue deposited in the Health Care
57 Trust Fund pursuant to this section, $25 million shall be
58 transferred to the Biomedical Research Trust Fund within the
59 Department of Health. Subject to annual appropriations in the
60 General Appropriations Act, $5 million shall be appropriated to
61 the James and Esther King Biomedical Research Program, $5
62 million shall be appropriated to the William G. “Bill” Bankhead,
63 Jr., and David Coley Cancer Research Program created under s.
65 (b) Beginning July 1, 2014, an entity that which performs
66 or is associated with cancer research or care and that receives
67 a specific appropriation for biomedical research, research
68 related functions, operations or other supportive functions, or
69 expansion of operations in the General Appropriations Act
70 without statutory reporting requirements for the receipt of
71 those funds, must submit an annual fiscal-year progress report
72 to the President of the Senate and the Speaker of the House of
73 Representatives by December 15. The report must:
74 1. Describe the general use of the funds.
75 2. Summarize Specify the research, if any, funded by the
76 appropriation, and provide:
77 a. The status of the research, including whether the
78 research has concluded.
79 b. The results or expected results of the research.
80 c. The names of the principal investigators performing the
82 d. The title, citation, and summary of findings of a
83 publication in a peer-reviewed journal resulting from the
85 e. The status of a patent, if any, generated from the
86 research and an economic analysis of the impact of the resulting
88 f. The list of the postsecondary educational institutions
89 involved in the research, a description of each postsecondary
90 educational institution’s involvement in the research, and the
91 number of students receiving training or performing research.
92 3. Describe any fixed capital outlay project funded by the
93 appropriation, the need for the project, how the project will be
94 utilized, and the timeline for and status of the project, if
96 4. Identify any federal, state, or local government grants
97 or donations or private grants or donations generated as a
98 result of the appropriation or activities funded by the
99 appropriation, if applicable and traceable.
100 Section 2. Subsection (3) of section 381.0034, Florida
101 Statutes, is amended to read:
102 381.0034 Requirement for instruction on HIV and AIDS.—
103 (3) The department shall require, as a condition of
104 granting a license under chapter 467 or part III of chapter 483
105 the chapters specified in subsection (1), that an applicant
106 making initial application for licensure complete an educational
107 course acceptable to the department on human immunodeficiency
108 virus and acquired immune deficiency syndrome. Upon submission
109 of an affidavit showing good cause, an applicant who has not
110 taken a course at the time of licensure must shall, upon an
111 affidavit showing good cause, be allowed 6 months to complete
112 this requirement.
113 Section 3. Subsection (4) of section 381.82, Florida
114 Statutes, is amended and subsection (8) is added to that
115 section, to read:
116 381.82 Ed and Ethel Moore Alzheimer’s Disease Research
118 (4) The board shall submit a fiscal-year progress report on
119 the programs under its purview annually to the Governor, the
120 President of the Senate, the Speaker of the House of
121 Representatives, and the State Surgeon General by February 15.
122 The report must include:
123 (a) For each A list of research project projects supported
124 by grants or fellowships awarded under the program: .
125 1. (b) A summary list of the research project and results or
126 expected results of the research recipients of program grants or
128 2. (c) The status of the research project, including whether
129 it has concluded or the estimated date of completion.
130 3. The amount of the grant or fellowship awarded and the
131 estimated or actual cost of the research project.
132 4. A list of the principal investigators on the research
134 5. The title, citation, and summary of findings of a
135 publication publications in a peer-reviewed journal resulting
136 from the journals involving research supported by grants or
137 fellowships awarded under the program.
138 6. (d) The source and amount of any federal, state, or local
139 government grants or donations or private grants or donations
140 generated as a result of the research project.
141 7. The status of a patent, if any, generated from the
142 research project and an economic analysis of the impact of the
143 resulting patent.
144 8. A list of postsecondary educational institutions
145 involved in the research project, a description of each
146 postsecondary educational institution’s involvement in the
147 research project, and the number of students receiving training
148 or performing research under the research project.
149 (b) The state ranking and total amount of Alzheimer’s
150 disease research funding currently flowing into the state from
151 the National Institutes of Health.
152 (e) New grants for Alzheimer’s disease research which were
153 funded based on research supported by grants or fellowships
154 awarded under the program.
155 (c) (f) Progress toward programmatic goals, particularly in
156 the prevention, diagnosis, treatment, and cure of Alzheimer’s
158 (d) (g) Recommendations to further the mission of the
160 (8) Notwithstanding s. 216.301 and pursuant to s. 216.351,
161 the balance of any appropriation from the General Revenue Fund
162 for the Ed and Ethel Moore Alzheimer’s Disease Research Program
163 which is not disbursed but which is obligated pursuant to
164 contract or committed to be expended by June 30 of the fiscal
165 year in which the funds are appropriated may be carried forward
166 for up to 5 years after the effective date of the original
168 Section 4. Subsection (6) is added to section 381.922,
169 Florida Statutes, to read:
170 381.922 William G. “Bill” Bankhead, Jr., and David Coley
171 Cancer Research Program.—
172 (6) The Biomedical Research Advisory Council shall submit a
173 report relating to grants awarded under the program to the
174 Governor, the President of the Senate, and the Speaker of the
175 House of Representatives by December 15 each year. The report
176 must include:
177 (a) For each research project supported by grants awarded
178 under the program:
179 1. A summary of the research project and results or
180 expected results of the research.
181 2. The status of the research project, including whether it
182 has concluded or the estimated date of completion.
183 3. The amount of the grant awarded and the estimated or
184 actual cost of the research project.
185 4. A list of the principal investigators on the research
187 5. The title, citation, and summary of findings of a
188 publication in a peer-reviewed journal resulting from the
190 6. The source and amount of any federal, state, or local
191 government grants or donations or private grants or donations
192 generated as a result of the research project.
193 7. The status of a patent, if any, generated from the
194 research project and an economic analysis of the impact of the
195 resulting patent.
196 8. A list of the postsecondary educational institutions
197 involved in the research project, a description of each
198 postsecondary educational institution’s involvement in the
199 research project, and the number of students receiving training
200 or performing research in the research project.
201 (b) The state ranking and total amount of cancer research
202 funding currently flowing into the state from the National
203 Institutes of Health.
204 (c) Progress toward programmatic goals, particularly in the
205 prevention, diagnosis, treatment, and cure of cancer.
206 (d) Recommendations to further the mission of the program.
207 Section 5. Subsections (8) and (12) of section 401.27,
208 Florida Statutes, are amended to read:
209 401.27 Personnel; standards and certification.—
210 (8) Each emergency medical technician certificate and each
211 paramedic certificate will expire automatically and may be
212 renewed if the holder meets the qualifications for renewal as
213 established by the department. A certificate that is not renewed
214 at the end of the 2-year period will automatically revert to an
215 inactive status for a period not to exceed two renewal periods
216 180 days. Such certificate may be reactivated and renewed within
217 the two renewal periods 180 days if the certificateholder meets
218 all other qualifications for renewal, including completion of
219 continuing education requirements and passage of the state
220 certification examination, and pays a $25 late fee. Reactivation
221 shall be in a manner and on forms prescribed by department rule.
222 (12) An applicant for certification as an emergency medical
223 technician or paramedic who is trained outside the state or
224 trained in the military must provide proof of current emergency
225 medical technician or paramedic certification or registration
226 that is considered by the department to be nationally
227 recognized, successfully complete based upon successful
228 completion of a training program approved by the department as
229 equivalent to the most recent EMT-Basic or EMT-Paramedic
230 National Standard Curriculum or the National EMS Education
231 Standards of the United States Department of Transportation, and
232 hold a current certificate of successful course completion in
233 cardiopulmonary resuscitation (CPR) or advanced cardiac life
234 support for emergency medical technicians or paramedics,
235 respectively, to be eligible for the certification examination.
236 The applicant must successfully complete the certification
237 examination within 2 years after the date of the receipt of his
238 or her application by the department. After 2 years, the
239 applicant must submit a new application, meet all eligibility
240 requirements, and submit all fees to reestablish eligibility to
241 take the certification examination.
242 Section 6. Subsection (7) of section 456.013, Florida
243 Statutes, is amended to read:
244 456.013 Department; general licensing provisions.—
245 (7) The boards, or the department when there is no board,
246 shall require the completion of a 2-hour course relating to
247 prevention of medical errors as part of the biennial licensure
248 and renewal process. The 2-hour course counts toward shall count
249 towards the total number of continuing education hours required
250 for the profession. The course must shall be approved by the
251 board or department, as appropriate, and must shall include a
252 study of root-cause analysis, error reduction and prevention,
253 and patient safety. In addition, the course approved by the
254 Board of Medicine and the Board of Osteopathic Medicine must
255 shall include information relating to the five most misdiagnosed
256 conditions during the previous biennium, as determined by the
257 board. If the course is being offered by a facility licensed
258 pursuant to chapter 395 for its employees, the board may approve
259 up to 1 hour of the 2-hour course to be specifically related to
260 error reduction and prevention methods used in that facility.
261 Section 7. Paragraph (a) of subsection (3) and subsection
262 (4) of section 456.024, Florida Statutes, are amended to read:
263 456.024 Members of Armed Forces in good standing with
264 administrative boards or the department; spouses; licensure.—
265 (3)(a) A person is eligible for licensure as a health care
266 practitioner in this state if he or she is:
267 1. A person who serves or has served as a health care
268 practitioner in the United States Armed Forces, United States
269 Reserve Forces, or the National Guard;
270 2. A or a person who serves or has served on active duty
271 with the United States Armed Forces as a health care
272 practitioner in the United States Public Health Service; or
273 3. A health care practitioner in another state, the
274 District of Columbia, or a possession or territory of the United
275 States whose spouse serves on active duty in the United States
276 Armed Forces is eligible for licensure in this state. The
277 department shall develop an application form, and each board, or
278 the department if there is no board, shall waive the application
279 fee, licensure fee, and unlicensed activity fee for such
280 applicants. For purposes of this subsection, the term “health
281 care practitioner” means a health care practitioner as defined
282 in s. 456.001 and a person licensed under part III of chapter
283 401 or part IV of chapter 468.
284 (b) (a) The board, or department if there is no board, shall
285 issue a license to practice in this state to a person who:
286 1. Submits a complete application.
287 2. If he or she is a member of the military, submits proof
288 of receipt of Receives an honorable discharge within 6 months
289 before, or that he or she will receive an honorable discharge
290 within 6 months after, the date of submission of the
292 3.a. Holds an active, unencumbered license issued by
293 another state, the District of Columbia, or a possession or
294 territory of the United States and who has not had disciplinary
295 action taken against him or her in the 5 years preceding the
296 date of submission of the application;
297 b. Is a military health care practitioner in a profession
298 for which licensure in a state or jurisdiction is not required
299 to practice in the United States Armed Services, if the
300 applicant submits to the department evidence of military
301 training or experience substantially equivalent to the
302 requirements for licensure in this state in that profession, and
303 evidence that the applicant has obtained a passing score on the
304 appropriate examination of a national or regional standards
305 organization if required for licensure in this state; or
306 c. Is a health care practitioner in a profession for which
307 licensure in another state or jurisdiction is not required and
308 whose spouse serves on active duty in the United States Armed
309 Forces, if the applicant submits to the department evidence of
310 training or experience substantially equivalent to the
311 requirements for licensure in this state in that profession, and
312 evidence that the applicant has obtained a passing score on the
313 appropriate examination of a national or regional standards
314 organization if required for licensure in this state.
315 4. Attests that he or she is not, at the time of
316 submission, the subject of a disciplinary proceeding in a
317 jurisdiction in which he or she holds a license or by the United
318 States Department of Defense for reasons related to the practice
319 of the profession for which he or she is applying.
320 5. Actively practiced the profession for which he or she is
321 applying for the 3 years preceding the date of submission of the
323 6. Submits a set of fingerprints for a background screening
324 pursuant to s. 456.0135, if required for the profession for
325 which he or she is applying.
327 The department shall verify information submitted by the
328 applicant under this subsection using the National Practitioner
329 Data Bank.
330 (4)(a) The board, or the department if there is no board,
331 may issue a temporary professional license to the spouse of an
332 active duty member of the Armed Forces of the United States who
333 submits to the department:
334 1. A completed application upon a form prepared and
335 furnished by the department in accordance with the board’s
337 2. The required application fee;
338 3. Proof that the applicant is married to a member of the
339 Armed Forces of the United States who is on active duty;
340 4. Proof that the applicant holds a valid license for the
341 profession issued by another state, the District of Columbia, or
342 a possession or territory of the United States, and is not the
343 subject of any disciplinary proceeding in any jurisdiction in
344 which the applicant holds a license to practice a profession
345 regulated by this chapter;
346 5. Proof that the applicant’s spouse is assigned to a duty
347 station in this state pursuant to the member’s official active
348 duty military orders; and
349 6. Proof that the applicant would otherwise be entitled to
350 full licensure under the appropriate practice act, and is
351 eligible to take the respective licensure examination as
352 required in Florida.
353 (b) The applicant must also submit to the Department of Law
354 Enforcement a complete set of fingerprints. The Department of
355 Law Enforcement shall conduct a statewide criminal history check
356 and forward the fingerprints to the Federal Bureau of
357 Investigation for a national criminal history check.
358 (c) Each board, or the department if there is no board,
359 shall review the results of the state and federal criminal
360 history checks according to the level 2 screening standards in
361 s. 435.04 when granting an exemption and when granting or
362 denying the temporary license.
363 (d) The applicant shall pay the cost of fingerprint
364 processing. If the fingerprints are submitted through an
365 authorized agency or vendor, the agency or vendor shall collect
366 the required processing fees and remit the fees to the
367 Department of Law Enforcement.
368 (e) The department shall set an application fee, which may
369 not exceed the cost of issuing the license.
370 (f) A temporary license expires 12 months after the date of
371 issuance and is not renewable.
372 (g) An applicant for a temporary license under this
373 subsection is subject to the requirements under s. 456.013(3)(a)
374 and (c).
375 (h) An applicant shall be deemed ineligible for a temporary
376 license pursuant to this section if the applicant:
377 1. Has been convicted of or pled nolo contendere to,
378 regardless of adjudication, any felony or misdemeanor related to
379 the practice of a health care profession;
380 2. Has had a health care provider license revoked or
381 suspended from another of the United States, the District of
382 Columbia, or a United States territory;
383 3. Has been reported to the National Practitioner Data
384 Bank, unless the applicant has successfully appealed to have his
385 or her name removed from the data bank; or
386 4. Has previously failed the Florida examination required
387 to receive a license to practice the profession for which the
388 applicant is seeking a license.
389 (i) The board, or department if there is no board, may
390 revoke a temporary license upon finding that the individual
391 violated the profession’s governing practice act.
392 (j) An applicant who is issued a temporary professional
393 license to practice as a dentist pursuant to this section must
394 practice under the indirect supervision, as defined in s.
395 466.003, of a dentist licensed pursuant to chapter 466.
396 Section 8. Section 456.0241, Florida Statutes, is created
397 to read:
398 456.0241 Temporary certificate for active duty military
399 health care practitioners.—
400 (1) As used in this section, the term:
401 (a) “Military health care practitioner” means a person who
402 is practicing as a health care practitioner as that term is
403 defined in s. 456.001, is licensed under part III of chapter
404 401, or is licensed under part IV of chapter 468 and is serving
405 on active duty in the United States Armed Forces, the United
406 States Reserve Forces, or the National Guard, or is serving on
407 active duty in the United States Armed Forces and in the United
408 States Public Health Service.
409 (b) “Military platform” means a military training agreement
410 with a nonmilitary health care provider which is designed to
411 develop and support medical, surgical, or other health care
412 treatment opportunities in the nonmilitary health care provider
413 setting so that military health care practitioners may develop
414 and maintain technical proficiency to meet the present and
415 future health care needs of the United States Armed Forces. Such
416 agreements may include training affiliation agreements and
417 external resource sharing agreements.
418 (2) The department may issue a temporary certificate to an
419 active duty military health care practitioner to practice in a
420 regulated profession, as that term is defined in s. 456.001, if
421 the applicant meets all of the following requirements:
422 (a) Submits proof that he or she will be practicing
423 pursuant to a military platform.
424 (b) Submits a complete application and a nonrefundable
425 application fee.
426 (c) Holds a valid and unencumbered license to practice as a
427 health care professional in another state, the District of
428 Columbia, or a possession or territory of the United States or
429 is a military health care practitioner in a profession for which
430 licensure in a state or jurisdiction is not required for
431 practice in the United States Armed Services and who provides
432 evidence of military training and experience substantially
433 equivalent to the requirements for licensure in this state to
434 practice in that profession.
435 (d) Attests that he or she is not, at the time of
436 application, the subject of a disciplinary proceeding in a
437 jurisdiction in which he or she holds a license or by the United
438 States Department of Defense for reasons related to the practice
439 of the profession for which he or she is applying for a
440 temporary certificate.
441 (e) Has been determined to be competent in the profession
442 for which he or she is applying for a temporary certificate.
443 (f) Submits a set of fingerprints for a background
444 screening pursuant to s. 456.0135, if required by the profession
445 for which he or she is applying for a temporary certificate.
447 The department shall verify information submitted by the
448 applicant under this subsection using the National Practitioner
449 Data Bank.
450 (3) A temporary certificate issued under this section
451 expires 6 months after issuance, but may be renewed upon proof
452 of continuing orders in this state and evidence that the
453 military health care practitioner continues to be a military
454 platform participant.
455 (4) A military health care practitioner applying under this
456 section is exempt from the requirements of ss. 456.039-456.046.
457 All other provisions of chapter 456 apply.
458 (5) An applicant for a temporary certificate under this
459 section shall be deemed ineligible if the applicant:
460 (a) Has been convicted of or pled nolo contendere to,
461 regardless of adjudication, a felony or misdemeanor related to
462 the practice of a health care profession.
463 (b) Has had a health care provider license revoked or
464 suspended in another state, the District of Columbia, or a
465 possession or territory of the United States.
466 (c) Has failed to obtain a passing score on the Florida
467 licensure examination required to practice the profession for
468 which the applicant is seeking a temporary certificate.
469 (d) Is under investigation in another jurisdiction for an
470 act that would constitute a violation of the applicable
471 licensing chapter or chapter 456 until such time as the
472 investigation is complete and the military health care
473 practitioner is found innocent of all charges.
474 (6) The department shall establish by rule application and
475 renewal fees not to exceed $50 for a temporary certificate
476 issued under this section.
477 (7) Application must be made on a form prepared and
478 furnished by the department.
479 (8) The department shall adopt rules necessary to implement
480 the provisions of this section.
481 Section 9. Present subsections (3) through (11) of section
482 456.025, Florida Statutes, are redesignated as subsections (2)
483 through (10), respectively, and present subsections (2), (3),
484 (7), and (8) of that section are amended, to read:
485 456.025 Fees; receipts; disposition.—
486 (2) The chairpersons of the boards and councils listed in
487 s. 20.43(3)(g) shall meet annually at division headquarters to
488 review the long-range policy plan required by s. 456.005 and
489 current and proposed fee schedules. The chairpersons shall make
490 recommendations for any necessary statutory changes relating to
491 fees and fee caps. Such recommendations shall be compiled by the
492 Department of Health and be included in the annual report to the
493 Legislature required by s. 456.026 as well as be included in the
494 long-range policy plan required by s. 456.005.
495 (2) (3) Each board within the jurisdiction of the
496 department, or the department when there is no board, shall
497 determine by rule the amount of license fees for the profession
498 it regulates, based upon long-range estimates prepared by the
499 department of the revenue required to implement laws relating to
500 the regulation of professions by the department and the board.
501 Each board, or the department if there is no board, shall ensure
502 that license fees are adequate to cover all anticipated costs
503 and to maintain a reasonable cash balance, as determined by rule
504 of the agency, with advice of the applicable board. If
505 sufficient action is not taken by a board within 1 year after
506 notification by the department that license fees are projected
507 to be inadequate, the department shall set license fees on
508 behalf of the applicable board to cover anticipated costs and to
509 maintain the required cash balance. The department shall include
510 recommended fee cap increases in its annual report to the
511 Legislature. Further, it is the intent of the Legislature
512 legislative intent that a no regulated profession not operate
513 with a negative cash balance. If, however, a profession’s fees
514 are at their statutory fee cap and the requirements of
515 subsections (1) and (4) are met, a profession may operate at a
516 deficit until the deficit is eliminated The department may
517 provide by rule for advancing sufficient funds to any profession
518 operating with a negative cash balance. The advancement may be
519 for a period not to exceed 2 consecutive years, and the
520 regulated profession must pay interest. Interest shall be
521 calculated at the current rate earned on investments of a trust
522 fund used by the department to implement this chapter. Interest
523 earned shall be allocated to the various funds in accordance
524 with the allocation of investment earnings during the period of
525 the advance.
526 (6) (7) Each board, or the department if there is no board,
527 shall establish , by rule , a fee of up to not to exceed $250 for
528 anyone seeking approval to provide continuing education courses
529 or programs and shall establish by rule a biennial renewal fee
530 of up to not to exceed $250 for the renewal of an approval to
531 provide providership of such courses. The fees collected from
532 continuing education providers shall be used for the purposes of
533 reviewing course provider applications, monitoring the integrity
534 of the courses provided, covering legal expenses incurred as a
535 result of not granting or renewing an approval a providership,
536 and developing and maintaining an electronic continuing
537 education tracking system pursuant to s. 456.0361. The
538 department shall implement an electronic continuing education
539 tracking system for each new biennial renewal cycle for which
540 electronic renewals are implemented after the effective date of
541 this act and shall integrate such system into the licensure and
542 renewal system. All approved continuing education providers
543 shall provide information on course attendance to the department
544 necessary to implement the electronic tracking system. The
545 department shall, by rule, specify the form and procedures by
546 which the information is to be submitted.
547 (7) (8) All moneys collected by the department from fees or
548 fines or from costs awarded to the agency by a court shall be
549 paid into a trust fund used by the department to implement this
550 chapter. The Legislature shall appropriate funds from this trust
551 fund sufficient to administer carry out this chapter and the
552 provisions of law with respect to professions regulated by the
553 Division of Medical Quality Assurance within the department and
554 the boards. The department may contract with public and private
555 entities to receive and deposit revenue pursuant to this
556 section. The department shall maintain separate accounts in the
557 trust fund used by the department to implement this chapter for
558 every profession within the department. To the maximum extent
559 possible, the department shall directly charge all expenses to
560 the account of each regulated profession. For the purpose of
561 this subsection, direct charge expenses include, but are not
562 limited to, costs for investigations, examinations, and legal
563 services. For expenses that cannot be charged directly, the
564 department shall provide for the proportionate allocation among
565 the accounts of expenses incurred by the department in the
566 performance of its duties with respect to each regulated
567 profession. If a profession has established renewal fees that
568 meet the requirements of subsection (1), has fees that are at
569 the statutory fee cap, and has been operating in a deficit for 2
570 or more fiscal years, the department may waive allocated
571 administrative and operational indirect costs until such time as
572 the profession has a positive cash balance. The costs related to
573 administration and operations include, but are not limited to,
574 the costs of the director’s office and the costs of system
575 support, communications, central records, and other such
576 administrative functions. Such waived costs shall be allocated
577 to the other professions that must meet the requirements of this
578 section, and cash in the unlicensed activity account under s.
579 456.065 of the profession whose costs have been waived shall be
580 transferred to the operating account in an amount not to exceed
581 the amount of the deficit. The regulation by the department of
582 professions, as defined in this chapter, must shall be financed
583 solely from revenue collected by the department it from fees and
584 other charges and deposited in the Medical Quality Assurance
585 Trust Fund, and all such revenue is hereby appropriated to the
586 department, which . However, it is legislative intent that each
587 profession shall operate within its anticipated fees. The
588 department may not expend funds from the account of a profession
589 to pay for the expenses incurred on behalf of another
590 profession, except that the Board of Nursing must pay for any
591 costs incurred in the regulation of certified nursing
592 assistants. The department shall maintain adequate records to
593 support its allocation of agency expenses. The department shall
594 provide any board with reasonable access to these records upon
595 request. On or before October 1 of each year, the department
596 shall provide each board an annual report of revenue and direct
597 and allocated expenses related to the operation of that
598 profession. The board shall use these reports and the
599 department’s adopted long-range plan to determine the amount of
600 license fees. A condensed version of this information, with the
601 department’s recommendations, shall be included in the annual
602 report to the Legislature prepared under s. 456.026.
603 Section 10. Section 456.0361, Florida Statutes, is created
604 to read:
605 456.0361 Compliance with continuing education
607 (1) The department shall establish an electronic continuing
608 education tracking system to monitor licensee compliance with
609 applicable continuing education requirements and to determine
610 whether a licensee is in full compliance with the requirements
611 at the time of his or her application for license renewal. The
612 tracking system shall be integrated into the department’s
613 licensure and renewal process.
614 (2) The department may not renew a license until the
615 licensee complies with all applicable continuing education
616 requirements. This subsection does not prohibit the department
617 or the boards from imposing additional penalties under the
618 applicable professional practice act or applicable rules for
619 failure to comply with continuing education requirements.
620 (3) The department may adopt rules to implement this
622 Section 11. Subsection (20) of section 456.057, Florida
623 Statutes, is amended to read:
624 456.057 Ownership and control of patient records; report or
625 copies of records to be furnished; disclosure of information.—
626 (20) The board with department approval, or the department
627 when there is no board, may temporarily or permanently appoint a
628 person or an entity as a custodian of medical records in the
629 event of the death of a practitioner, the mental or physical
630 incapacitation of a the practitioner, or the abandonment of
631 medical records by a practitioner. Such The custodian appointed
632 shall comply with all provisions of this section. The department
633 may contract with a third party to provide these services under
634 the confidentiality and disclosure requirements of this section ,
635 including the release of patient records.
636 Section 12. Subsection (2) of section 456.0635, Florida
637 Statutes, is amended to read:
638 456.0635 Health care fraud; disqualification for license,
639 certificate, or registration.—
640 (2) Each board within the jurisdiction of the department,
641 or the department if there is no board, shall refuse to admit a
642 candidate to any examination and refuse to issue a license,
643 certificate, or registration to any applicant if the candidate
644 or applicant or any principal, officer, agent, managing
645 employee, or affiliated person of the applicant:
646 (a) Has been convicted of, or entered a plea of guilty or
647 nolo contendere to, regardless of adjudication, a felony under
648 chapter 409, chapter 817, or chapter 893, or a similar felony
649 offense committed in another state or jurisdiction, unless the
650 candidate or applicant has successfully completed a drug court
651 program for that felony and provides proof that the plea has
652 been withdrawn or the charges have been dismissed. Any such
653 conviction or plea shall exclude the applicant or candidate from
654 licensure, examination, certification, or registration unless
655 the sentence and any subsequent period of probation for such
656 conviction or plea ended:
657 1. For felonies of the first or second degree, more than 15
658 years before the date of application.
659 2. For felonies of the third degree, more than 10 years
660 before the date of application, except for felonies of the third
661 degree under s. 893.13(6)(a).
662 3. For felonies of the third degree under s. 893.13(6)(a),
663 more than 5 years before the date of application;
664 (b) Has been convicted of, or entered a plea of guilty or
665 nolo contendere to, regardless of adjudication, a felony under
666 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
667 sentence and any subsequent period of probation for such
668 conviction or plea ended more than 15 years before the date of
669 the application;
670 (c) Has been terminated for cause from the Florida Medicaid
671 program pursuant to s. 409.913, unless the candidate or
672 applicant has been in good standing with the Florida Medicaid
673 program for the most recent 5 years;
674 (d) Has been terminated for cause, pursuant to the appeals
675 procedures established by the state, from any other state
676 Medicaid program, unless the candidate or applicant has been in
677 good standing with a state Medicaid program for the most recent
678 5 years and the termination occurred at least 20 years before
679 the date of the application; or
680 (e) Is currently listed on the United States Department of
681 Health and Human Services Office of Inspector General’s List of
682 Excluded Individuals and Entities.
684 This subsection does not apply to candidates or applicants for
685 initial licensure or certification who were enrolled in an
686 educational or training program on or before July 1, 2009, which
687 was recognized by a board or, if there is no board, recognized
688 by the department, and who applied for licensure after July 1,
690 Section 13. Subsection (3) of section 457.107, Florida
691 Statutes, is amended to read:
692 457.107 Renewal of licenses; continuing education.—
693 (3) The board shall by rule prescribe by rule continuing
694 education requirements of up to , not to exceed 30 hours
695 biennially , as a condition for renewal of a license. All
696 education programs that contribute to the advancement,
697 extension, or enhancement of professional skills and knowledge
698 related to the practice of acupuncture, whether conducted by a
699 nonprofit or profitmaking entity, are eligible for approval. The
700 continuing professional education requirements must be in
701 acupuncture or oriental medicine subjects, including, but not
702 limited to, anatomy, biological sciences, adjunctive therapies,
703 sanitation and sterilization, emergency protocols, and diseases.
704 The board may shall have the authority to set a fee of up to ,
705 not to exceed $100 , for each continuing education provider. The
706 licensee shall retain in his or her records the certificates of
707 completion of continuing professional education requirements to
708 prove compliance with this subsection. The board may request
709 such documentation without cause from applicants who are
710 selected at random. All national and state acupuncture and
711 oriental medicine organizations and acupuncture and oriental
712 medicine schools are approved to provide continuing professional
713 education in accordance with this subsection.
714 Section 14. Paragraph (e) of subsection (4) of section
715 458.347, Florida Statutes, is amended to read:
716 458.347 Physician assistants.—
717 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
718 (e) A supervisory physician may delegate to a fully
719 licensed physician assistant the authority to prescribe or
720 dispense any medication used in the supervisory physician’s
721 practice unless such medication is listed on the formulary
722 created pursuant to paragraph (f). A fully licensed physician
723 assistant may only prescribe or dispense such medication under
724 the following circumstances:
725 1. A physician assistant must clearly identify to the
726 patient that he or she is a physician assistant and .
727 Furthermore, the physician assistant must inform the patient
728 that the patient has the right to see the physician before a
729 prior to any prescription is being prescribed or dispensed by
730 the physician assistant.
731 2. The supervisory physician must notify the department of
732 his or her intent to delegate, on a department-approved form,
733 before delegating such authority and notify the department of
734 any change in prescriptive privileges of the physician
735 assistant. Authority to dispense may be delegated only by a
736 supervising physician who is registered as a dispensing
737 practitioner in compliance with s. 465.0276.
738 3. The physician assistant must complete file with the
739 department a signed affidavit that he or she has completed a
740 minimum of 10 continuing medical education hours in the
741 specialty practice in which the physician assistant has
742 prescriptive privileges with each licensure renewal application.
743 4. The department may issue a prescriber number to the
744 physician assistant granting authority for the prescribing of
745 medicinal drugs authorized within this paragraph upon completion
746 of the foregoing requirements of this paragraph. The physician
747 assistant is shall not be required to independently register
748 pursuant to s. 465.0276.
749 5. The prescription must be written in a form that complies
750 with chapter 499 and, in addition to the supervisory physician’s
751 name, address, and telephone number, must contain , in addition
752 to the supervisory physician’s name, address, and telephone
753 number, the physician assistant’s prescriber number. Unless it
754 is a drug or drug sample dispensed by the physician assistant,
755 the prescription must be filled in a pharmacy permitted under
756 chapter 465 and must be dispensed in that pharmacy by a
757 pharmacist licensed under chapter 465. The inclusion appearance
758 of the prescriber number creates a presumption that the
759 physician assistant is authorized to prescribe the medicinal
760 drug and the prescription is valid.
761 6. The physician assistant must note the prescription or
762 dispensing of medication in the appropriate medical record.
763 Section 15. Subsection (7) is added to section 460.402,
764 Florida Statutes, to read:
765 460.402 Exceptions.—The provisions of this chapter shall
766 not apply to:
767 (7) A chiropractic physician who holds an active license in
768 another jurisdiction and is performing chiropractic procedures
769 or demonstrating equipment or supplies for educational purposes
770 at a board-approved continuing education program.
771 Section 16. Subsection (3) of section 463.007, Florida
772 Statutes, is amended to read:
773 463.007 Renewal of license; continuing education.—
774 (3) As a condition of license renewal, a licensee must
775 Unless otherwise provided by law, the board shall require
776 licensees to periodically demonstrate his or her their
777 professional competence , as a condition of renewal of a license,
778 by completing up to 30 hours of continuing education during the
779 2-year period preceding license renewal. For certified
780 optometrists, the 30-hour continuing education requirement
781 includes shall include 6 or more hours of approved transcript
782 quality coursework in ocular and systemic pharmacology and the
783 diagnosis, treatment, and management of ocular and systemic
784 conditions and diseases during the 2-year period preceding
785 application for license renewal.
786 Section 17. Subsection (7) of section 464.203, Florida
787 Statutes, is amended to read:
788 464.203 Certified nursing assistants; certification
790 (7) A certified nursing assistant shall complete 24 12
791 hours of inservice training during each biennium calendar year.
792 The certified nursing assistant shall maintain be responsible
793 for maintaining documentation demonstrating compliance with
794 these provisions. The Council on Certified Nursing Assistants,
795 in accordance with s. 464.2085(2)(b), shall propose rules to
796 implement this subsection.
797 Section 18. Section 464.2085, Florida Statutes, is
799 Section 19. Paragraph (b) of subsection (1) and subsection
800 (3) of section 465.0276, Florida Statutes, are amended to read:
801 465.0276 Dispensing practitioner.—
803 (b) A practitioner registered under this section may not
804 dispense a controlled substance listed in Schedule II or
805 Schedule III as provided in s. 893.03. This paragraph does not
806 apply to:
807 1. The dispensing of complimentary packages of medicinal
808 drugs which are labeled as a drug sample or complimentary drug
809 as defined in s. 499.028 to the practitioner’s own patients in
810 the regular course of her or his practice without the payment of
811 a fee or remuneration of any kind, whether direct or indirect,
812 as provided in subsection (4) subsection (5).
813 2. The dispensing of controlled substances in the health
814 care system of the Department of Corrections.
815 3. The dispensing of a controlled substance listed in
816 Schedule II or Schedule III in connection with the performance
817 of a surgical procedure. The amount dispensed pursuant to the
818 subparagraph may not exceed a 14-day supply. This exception does
819 not allow for the dispensing of a controlled substance listed in
820 Schedule II or Schedule III more than 14 days after the
821 performance of the surgical procedure. For purposes of this
822 subparagraph, the term “surgical procedure” means any procedure
823 in any setting which involves, or reasonably should involve:
824 a. Perioperative medication and sedation that allows the
825 patient to tolerate unpleasant procedures while maintaining
826 adequate cardiorespiratory function and the ability to respond
827 purposefully to verbal or tactile stimulation and makes intra-
828 and postoperative monitoring necessary; or
829 b. The use of general anesthesia or major conduction
830 anesthesia and preoperative sedation.
831 4. The dispensing of a controlled substance listed in
832 Schedule II or Schedule III pursuant to an approved clinical
833 trial. For purposes of this subparagraph, the term “approved
834 clinical trial” means a clinical research study or clinical
835 investigation that, in whole or in part, is state or federally
836 funded or is conducted under an investigational new drug
837 application that is reviewed by the United States Food and Drug
839 5. The dispensing of methadone in a facility licensed under
840 s. 397.427 where medication-assisted treatment for opiate
841 addiction is provided.
842 6. The dispensing of a controlled substance listed in
843 Schedule II or Schedule III to a patient of a facility licensed
844 under part IV of chapter 400.
845 (3) The department shall inspect any facility where a
846 practitioner dispenses medicinal drugs pursuant to subsection
847 (2) in the same manner and with the same frequency as it
848 inspects pharmacies for the purpose of determining whether the
849 practitioner is in compliance with all statutes and rules
850 applicable to her or his dispensing practice.
851 Section 20. Subsection (3) of section 466.0135, Florida
852 Statutes, is amended to read:
853 466.0135 Continuing education; dentists.—
854 (3) A In applying for license renewal, the dentist shall
855 complete submit a sworn affidavit, on a form acceptable to the
856 department, attesting that she or he has completed the required
857 continuing education as provided required in this section in
858 accordance with the guidelines and provisions of this section
859 and listing the date, location, sponsor, subject matter, and
860 hours of completed continuing education courses. An The
861 applicant shall retain in her or his records any such receipts,
862 vouchers, or certificates as may be necessary to document
863 completion of such the continuing education courses listed in
864 accordance with this subsection. With cause, the board may
865 request such documentation by the applicant, and the board may
866 request such documentation from applicants selected at random
867 without cause.
868 Section 21. Section 466.014, Florida Statutes, is amended
869 to read:
870 466.014 Continuing education; dental hygienists.—In
871 addition to the other requirements for relicensure for dental
872 hygienists set out in this chapter act, the board shall require
873 each licensed dental hygienist to complete at least not less
874 than 24 hours but not or more than 36 hours of continuing
875 professional education in dental subjects, biennially, in
876 programs prescribed or approved by the board or in equivalent
877 programs of continuing education. Programs of continuing
878 education approved by the board are shall be programs of
879 learning which, in the opinion of the board, contribute directly
880 to the dental education of the dental hygienist. The board shall
881 adopt rules and guidelines to administer and enforce the
882 provisions of this section. In applying for license renewal, the
883 dental hygienist shall submit a sworn affidavit, on a form
884 acceptable to the department, attesting that she or he has
885 completed the continuing education required in this section in
886 accordance with the guidelines and provisions of this section
887 and listing the date, location, sponsor, subject matter, and
888 hours of completed continuing education courses. An The
889 applicant shall retain in her or his records any such receipts,
890 vouchers, or certificates as may be necessary to document
891 completion of such the continuing education courses listed in
892 accordance with this section. With cause, the board may request
893 such documentation by the applicant, and the board may request
894 such documentation from applicants selected at random without
895 cause. Compliance with the continuing education requirements is
896 shall be mandatory for issuance of the renewal certificate. The
897 board may shall have the authority to excuse licensees, as a
898 group or as individuals, from all or part of the continuing
899 educational requirements if , or any part thereof, in the event
900 an unusual circumstance, emergency, or hardship has prevented
901 compliance with this section.
902 Section 22. Subsection (5) of section 466.032, Florida
903 Statutes, is amended to read:
904 466.032 Registration.—
905 (5) A The dental laboratory owner or at least one employee
906 of any dental laboratory renewing registration on or after July
907 1, 2010, shall complete 18 hours of continuing education
908 biennially. Programs of continuing education must shall be
909 programs of learning that contribute directly to the education
910 of the dental technician and may include, but are not limited
911 to, attendance at lectures, study clubs, college courses, or
912 scientific sessions of conventions and research.
913 (a) The aim of continuing education for dental technicians
914 is to improve dental health care delivery to the public as such
915 is impacted through the design, manufacture, and use of
916 artificial human oral prosthetics and related restorative
918 (b) Continuing education courses shall address one or more
919 of the following areas of professional development, including,
920 but not limited to:
921 1. Laboratory and technological subjects, including, but
922 not limited to, laboratory techniques and procedures, materials,
923 and equipment; and
924 2. Subjects pertinent to oral health, infection control,
925 and safety.
926 (c) Programs that meet meeting the general requirements of
927 continuing education may be developed and offered to dental
928 technicians by the Florida Dental Laboratory Association and the
929 Florida Dental Association. Other organizations, schools, or
930 agencies may also be approved to develop and offer continuing
931 education in accordance with specific criteria established by
932 the department.
933 (d) Any dental laboratory renewing a registration on or
934 after July 1, 2010, shall submit a sworn affidavit, on a form
935 approved by the department, attesting that either the dental
936 laboratory owner or one dental technician employed by the
937 registered dental laboratory has completed the continuing
938 education required in this subsection in accordance with the
939 guidelines and provisions of this subsection and listing the
940 date, location, sponsor, subject matter, and hours of completed
941 continuing education courses. The dental laboratory shall retain
942 in its records such receipts, vouchers, or certificates as may
943 be necessary to document completion of the continuing education
944 courses listed in accordance with this subsection. With cause,
945 the department may request that the documentation be provided by
946 the applicant. The department may also request the documentation
947 from applicants selected at random without cause.
948 (d) (e)1. This subsection does not apply to a dental
949 laboratory that is physically located within a dental practice
950 operated by a dentist licensed under this chapter.
951 2. A dental laboratory in another state or country which
952 provides service to a dentist licensed under this chapter is not
953 required to register with the state and may continue to provide
954 services to such dentist with a proper prescription. However, a
955 dental laboratory in another state or country , however, may
956 voluntarily comply with this subsection.
957 Section 23. Section 468.1201, Florida Statutes, is
959 Section 24. Paragraph (a) of subsection (3), subsections
960 (4) and (5), paragraphs (a) and (e) of subsection (6), and
961 subsection (7) of section 483.901, Florida Statutes, are
962 amended, and paragraph (k) is added to subsection (6) of that
963 section, to read:
964 483.901 Medical physicists; definitions; licensure.—
965 (3) DEFINITIONS.—As used in this section, the term:
966 (a) “Council” means the Advisory Council of Medical
967 Physicists in the Department of Health.
968 (4) COUNCIL.—The Advisory Council of Medical Physicists is
969 created in the Department of Health to advise the department in
970 regulating the practice of medical physics in this state.
971 (a) The council shall be composed of nine members appointed
972 by the State Surgeon General as follows:
973 1. A licensed medical physicist who specializes in
974 diagnostic radiological physics.
975 2. A licensed medical physicist who specializes in
976 therapeutic radiological physics.
977 3. A licensed medical physicist who specializes in medical
978 nuclear radiological physics.
979 4. A physician who is board certified by the American Board
980 of Radiology or its equivalent.
981 5. A physician who is board certified by the American
982 Osteopathic Board of Radiology or its equivalent.
983 6. A chiropractic physician who practices radiology.
984 7. Three consumer members who are not, and have never been,
985 licensed as a medical physicist or licensed in any closely
986 related profession.
987 (b) The State Surgeon General shall appoint the medical
988 physicist members of the council from a list of candidates who
989 are licensed to practice medical physics.
990 (c) The State Surgeon General shall appoint the physician
991 members of the council from a list of candidates who are
992 licensed to practice medicine in this state and are board
993 certified in diagnostic radiology, therapeutic radiology, or
994 radiation oncology.
995 (d) The State Surgeon General shall appoint the public
996 members of the council.
997 (e) As the term of each member expires, the State Surgeon
998 General shall appoint the successor for a term of 4 years. A
999 member shall serve until the member’s successor is appointed,
1000 unless physically unable to do so.
1001 (f) An individual is ineligible to serve more than two full
1002 consecutive 4-year terms.
1003 (g) If a vacancy on the council occurs, the State Surgeon
1004 General shall appoint a member to serve for a 4-year term.
1005 (h) A council member must be a United States citizen and
1006 must have been a resident of this state for 2 consecutive years
1007 immediately before being appointed.
1008 1. A member of the council who is a medical physicist must
1009 have practiced for at least 6 years before being appointed or be
1010 board certified for the specialty in which the member practices.
1011 2. A member of the council who is a physician must be
1012 licensed to practice medicine in this state and must have
1013 practiced diagnostic radiology or radiation oncology in this
1014 state for at least 2 years before being appointed.
1015 3. The public members of the council must not have a
1016 financial interest in any endeavor related to the practice of
1017 medical physics.
1018 (i) A council member may be removed from the council if the
1020 1. Did not have the required qualifications at the time of
1022 2. Does not maintain the required qualifications while
1023 serving on the council; or
1024 3. Fails to attend the regularly scheduled council meetings
1025 in a calendar year as required by s. 456.011.
1026 (j) Members of the council may not receive compensation for
1027 their services; however, they are entitled to reimbursement,
1028 from funds deposited in the Medical Quality Assurance Trust
1029 Fund, for necessary travel expenses as specified in s. 112.061
1030 for each day they engage in the business of the council.
1031 (k) At the first regularly scheduled meeting of each
1032 calendar year, the council shall elect a presiding officer and
1033 an assistant presiding officer from among its members. The
1034 council shall meet at least once each year and at other times in
1035 accordance with department requirements.
1036 (l) The department shall provide administrative support to
1037 the council for all licensing activities.
1038 (m) The council may conduct its meetings electronically.
1039 (5) POWERS OF COUNCIL.—The council shall:
1040 (a) Recommend rules to administer this section.
1041 (b) Recommend practice standards for the practice of
1042 medical physics which are consistent with the Guidelines for
1043 Ethical Practice for Medical Physicists prepared by the American
1044 Association of Physicists in Medicine and disciplinary
1045 guidelines adopted under s. 456.079.
1046 (c) Develop and recommend continuing education requirements
1047 for licensed medical physicists.
1048 (4) (6) LICENSE REQUIRED.—An individual may not engage in
1049 the practice of medical physics, including the specialties of
1050 diagnostic radiological physics, therapeutic radiological
1051 physics, medical nuclear radiological physics, or medical health
1052 physics, without a license issued by the department for the
1053 appropriate specialty.
1054 (a) The department shall adopt rules to administer this
1055 section which specify license application and renewal fees,
1056 continuing education requirements, and standards for practicing
1057 medical physics. The council shall recommend to the department
1058 continuing education requirements that shall be a condition of
1059 license renewal. The department shall require a minimum of 24
1060 hours per biennium of continuing education offered by an
1061 organization recommended by the council and approved by the
1062 department. The department , upon recommendation of the council,
1063 may adopt rules to specify continuing education requirements for
1064 persons who hold a license in more than one specialty.
1065 (e) Upon On receipt of an application and fee as specified
1066 in this section, the department may issue a license to practice
1067 medical physics in this state on or after October 1, 1997, to a
1068 person who is board certified in the medical physics specialty
1069 in which the applicant applies to practice by the American Board
1070 of Radiology for diagnostic radiological physics, therapeutic
1071 radiological physics, or medical nuclear radiological physics;
1072 by the American Board of Medical Physics for diagnostic
1073 radiological physics, therapeutic radiological physics, or
1074 medical nuclear radiological physics; or by the American Board
1075 of Health Physics or an equivalent certifying body approved by
1076 the department.
1077 (k) Upon proof of a completed residency program and receipt
1078 of the fee set forth by rule, the department may issue a
1079 temporary license for no more than 1 year. The department may
1080 adopt by rule requirements for temporary licensure and renewal
1081 of temporary licenses.
1082 (5) (7) FEES.—The fee for the initial license application
1083 shall be $500 and is nonrefundable. The fee for license renewal
1084 may not be more than $500. These fees may cover only the costs
1085 incurred by the department and the council to administer this
1086 section. By July 1 each year, the department shall determine
1087 advise the council if the fees are insufficient to administer
1088 this section.
1089 Section 25. Subsection (2) of section 484.047, Florida
1090 Statutes, is amended to read:
1091 484.047 Renewal of license.—
1092 (2) In addition to the other requirements for renewal
1093 provided in this section and by the board, the department shall
1094 renew a license upon receipt of the renewal application and , the
1095 renewal fee , and a written statement affirming compliance with
1096 all other requirements set forth in this section and by the
1097 board. A licensee must maintain, if applicable, a certificate
1098 from a manufacturer or independent testing agent certifying that
1099 the testing room meets the requirements of s. 484.0501(6) and,
1100 if applicable, a certificate from a manufacturer or independent
1101 testing agent stating that all audiometric testing equipment
1102 used by the licensee has been calibrated acoustically to
1103 American National Standards Institute standards on an annual
1104 basis acoustically to American National Standards Institute
1105 standard specifications. Possession of any applicable
1106 certificate is the certificates shall be a prerequisite to
1108 Section 26. Subsections (1) and (4) of section 486.109,
1109 Florida Statutes, are amended to read:
1110 486.109 Continuing education.—
1111 (1) The board shall require licensees to periodically
1112 demonstrate their professional competence as a condition of
1113 renewal of a license by completing 24 hours of continuing
1114 education biennially.
1115 (4) Each licensee shall maintain be responsible for
1116 maintaining sufficient records in a format as determined by rule
1117 which shall be subject to a random audit by the department to
1118 demonstrate assure compliance with this section.
1119 Section 27. Paragraph (a) of subsection (15) of section
1120 499.028, Florida Statutes, is amended to read:
1121 499.028 Drug samples or complimentary drugs; starter packs;
1122 permits to distribute.—
1123 (15) A person may not possess a prescription drug sample
1125 (a) The drug sample was prescribed to her or him as
1126 evidenced by the label required in s. 465.0276(4) s.
1128 Section 28. Paragraph (g) of subsection (3) of section
1129 921.0022, Florida Statutes, is amended to read:
1130 921.0022 Criminal Punishment Code; offense severity ranking
1132 (3) OFFENSE SEVERITY RANKING CHART
1133 (g) LEVEL 7
1135 FloridaStatute FelonyDegree Description
1136 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1137 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1138 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1139 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1140 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1141 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1142 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1143 456.065(2) 3rd Practicing a health care profession without a license.
1144 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1145 458.327(1) 3rd Practicing medicine without a license.
1146 459.013(1) 3rd Practicing osteopathic medicine without a license.
1147 460.411(1) 3rd Practicing chiropractic medicine without a license.
1148 461.012(1) 3rd Practicing podiatric medicine without a license.
1149 462.17 3rd Practicing naturopathy without a license.
1150 463.015(1) 3rd Practicing optometry without a license.
1151 464.016(1) 3rd Practicing nursing without a license.
1152 465.015(2) 3rd Practicing pharmacy without a license.
1153 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1154 467.201 3rd Practicing midwifery without a license.
1155 468.366 3rd Delivering respiratory care services without a license.
1156 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1157 483.901(7) 483.901(9) 3rd Practicing medical physics without a license.
1158 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1159 484.053 3rd Dispensing hearing aids without a license.
1160 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1161 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
1162 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1163 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1164 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1165 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1166 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1167 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1168 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1169 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1170 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1171 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1172 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1173 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1174 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1175 784.048(7) 3rd Aggravated stalking; violation of court order.
1176 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1177 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1178 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1179 784.081(1) 1st Aggravated battery on specified official or employee.
1180 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1181 784.083(1) 1st Aggravated battery on code inspector.
1182 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1183 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
1184 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1185 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1186 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1187 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1188 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1189 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1190 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1191 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1192 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1193 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1194 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1195 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
1196 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
1197 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1198 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1199 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1200 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1201 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1202 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1203 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1204 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1205 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1206 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1207 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1208 812.131(2)(a) 2nd Robbery by sudden snatching.
1209 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1210 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1211 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1212 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1213 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1214 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1215 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1216 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1217 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
1218 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1219 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1220 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1221 838.015 2nd Bribery.
1222 838.016 2nd Unlawful compensation or reward for official behavior.
1223 838.021(3)(a) 2nd Unlawful harm to a public servant.
1224 838.22 2nd Bid tampering.
1225 843.0855(2) 3rd Impersonation of a public officer or employee.
1226 843.0855(3) 3rd Unlawful simulation of legal process.
1227 843.0855(4) 3rd Intimidation of a public officer or employee.
1228 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1229 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1230 872.06 2nd Abuse of a dead human body.
1231 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1232 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1233 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1234 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
1235 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1236 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1237 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1238 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1239 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
1240 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1241 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1242 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1243 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1244 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1245 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1246 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1247 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1248 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1249 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1250 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1251 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1252 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1253 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1254 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1255 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1256 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1257 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1258 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1259 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1260 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1261 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1262 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1263 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1264 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1266 Section 29. This act shall take effect July 1, 2016.
1267 ================= T I T L E A M E N D M E N T ================
1268 And the title is amended as follows:
1269 Delete everything before the enacting clause
1270 and insert:
1271 A bill to be entitled
1272 An act relating to the Department of Health; amending s.
1273 215.5602, F.S.; revising the reporting requirements for the
1274 Biomedical Research Advisory Council under the James and Esther
1275 King Biomedical Research Program; revising the reporting
1276 requirements for entities that perform or are associated with
1277 cancer research or care and that receive a specific
1278 appropriation; amending s. 381.0034, F.S.; revising the
1279 requirements for certain license applications; amending s.
1280 381.82, F.S.; revising the reporting requirements for the
1281 Alzheimer’s Disease Research Grant Advisory Board under the Ed
1282 and Ethel Moore Alzheimer’s Disease Research Program; providing
1283 for the carryforward of any unexpended balance of an
1284 appropriation for the Ed and Ethel Moore Alzheimer’s Disease
1285 Research Program; amending s. 381.922, F.S.; requiring the
1286 Biomedical Research Advisory Council under the William G. “Bill”
1287 Bankhead, Jr., and David Coley Cancer Research Program to submit
1288 a report to the Legislature; providing reporting requirements;
1289 amending s. 401.27, F.S.; increasing the length of time a
1290 certificate may remain in an inactive status; clarifying the
1291 process for reactivating and renewing a certificate in an
1292 inactive status; authorizing emergency medical technicians or
1293 paramedics that are trained in the military to apply for
1294 certification; deleting a requirement that emergency medical
1295 technicians or paramedics who are trained outside the state or
1296 are trained in the military successfully complete a
1297 certification examination; amending s. 456.013, F.S.; revising
1298 course requirements for obtaining a certain license; amending s.
1299 456.024, F.S.; revising the eligibility criteria for certain
1300 members of the Armed Forces of the United States and their
1301 spouses to obtain licensure to practice as a health care
1302 practitioner in this state; authorizing the spouse of an active
1303 duty military member to be licensed as a health care
1304 practitioner in this state if he or she meets specified
1305 criteria; deleting temporary professional licensure for spouses
1306 of active duty members of the Armed Forces of the United States;
1307 creating s. 456.0241, F.S.; establishing a temporary certificate
1308 for active duty health care practitioners; defining terms;
1309 authorizing the department to issue a temporary certificate to
1310 active duty military health care practitioners to allow them to
1311 practice in specified professions; providing eligibility
1312 requirements; requiring the department to verify information
1313 submitted in support of establishing eligibility; providing for
1314 the automatic expiration of the temporary certificate within a
1315 specified time frame; providing for renewal of the temporary
1316 certificate if certain conditions are met; providing an
1317 exemption from specified requirements to military practitioners
1318 who apply for a temporary certificate; providing circumstances
1319 under which an applicant is ineligible to receive a temporary
1320 certificate; requiring the department to adopt by rule
1321 application and renewal fees, which may not exceed a specified
1322 amount; requiring the department to adopt necessary rules;
1323 amending s. 456.025, F.S.; deleting the requirement for an
1324 annual meeting of chairpersons of Division of Medical Quality
1325 Assurance boards and councils; deleting the requirement that
1326 certain recommendations be included in a report to the
1327 Legislature; deleting a requirement that the Department of
1328 Health set license fees and recommend fee cap increases in
1329 certain circumstances; providing that a profession may operate
1330 at a deficit for a certain time period; deleting a provision
1331 authorizing the department to advance funds under certain
1332 circumstances; deleting a requirement that the department
1333 implement an electronic continuing education tracking system;
1334 authorizing the department to waive specified costs under
1335 certain circumstances; revising legislative intent; deleting a
1336 prohibition against the expenditure of funds by the department
1337 from the account of a profession to pay for the expenses of
1338 another profession; deleting a requirement that the department
1339 include certain information in an annual report to the
1340 Legislature; creating s. 456.0361, F.S.; requiring the
1341 department to establish an electronic continuing education
1342 tracking system; prohibiting the department from renewing a
1343 license unless the licensee has complied with all continuing
1344 education requirements; authorizing the department to adopt
1345 rules; amending s. 456.057, F.S.; revising a provision for a
1346 person or an entity appointed by the board to be approved by the
1347 department; authorizing the department to contract with a third
1348 party to provide record custodian services; amending s.
1349 456.0635, F.S.; deleting a provision on applicability relating
1350 to the issuance of licenses; amending s. 457.107, F.S.; deleting
1351 a provision authorizing the Board of Acupuncture to request
1352 certain documentation from applicants; amending s. 458.347,
1353 F.S.; deleting a requirement that a physician assistant file a
1354 signed affidavit with the department; amending s. 460.402;
1355 providing an additional exception to licensure requirements for
1356 chiropractic physicians; amending s. 463.007, F.S.; making
1357 technical changes; amending s. 464.203, F.S.; revising inservice
1358 training requirements for certified nursing assistants; deleting
1359 a rulemaking requirement; repealing s. 464.2085, F.S., relating
1360 to the Council on Certified Nursing Assistants; amending s.
1361 465.0276, F.S.; deleting a requirement that the department
1362 inspect certain facilities; amending s. 466.0135, F.S.; deleting
1363 a requirement that a dentist file a signed affidavit with the
1364 department; deleting a provision authorizing the Board of
1365 Dentistry to request certain documentation from applicants;
1366 amending s. 466.014, F.S.; deleting a requirement that a dental
1367 hygienist file a signed affidavit with the department; deleting
1368 a provision authorizing the board to request certain
1369 documentation from applicants; amending s. 466.032, F.S.;
1370 deleting a requirement that a dental laboratory file a signed
1371 affidavit with the department; deleting a provision authorizing
1372 the department to request certain documentation from applicants;
1373 repealing s. 468.1201, F.S., relating to a requirement for
1374 instruction on human immunodeficiency virus and acquired immune
1375 deficiency syndrome; amending s. 483.901, F.S.; deleting
1376 provisions relating to the Advisory Council of Medical
1377 Physicists in the department; authorizing the department to
1378 issue temporary licenses in certain circumstances; authorizing
1379 the department to adopt rules; amending s. 484.047, F.S.;
1380 deleting a requirement for a written statement from an applicant
1381 in certain circumstances; amending s. 486.109, F.S.; deleting a
1382 provision authorizing the department to conduct a random audit
1383 for certain information; amending ss. 499.028 and 921.0022,
1384 F.S.; conforming cross-references; providing an effective date.