Florida Senate - 2017                                    SB 1074
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00334B-17                                          20171074__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.004, F.S.; clarifying that certain requirements
    4         related to the reporting of positive HIV results to
    5         county health departments apply only to testing
    6         performed in a nonhealth care setting; removing the
    7         requirement in a health care setting of notification
    8         to a test subject of the availability and location of
    9         sites at which anonymous testing for HIV is performed;
   10         amending s. 381.0202, F.S.; authorizing the Department
   11         of Health to perform certain laboratory testing for a
   12         fee; amending s. 381.4018, F.S.; requiring the
   13         department to follow federal requirements in the
   14         implementation of a specified program; amending s.
   15         381.983, F.S.; redefining the term “elevated blood
   16         lead level”; amending s. 381.984, F.S.; authorizing,
   17         rather than requiring, certain government actions
   18         related to public information initiatives about lead
   19         poisoning; amending s. 381.985, F.S.; requiring the
   20         State Surgeon General to establish guidelines, rather
   21         than a program, related to identifying risks of blood
   22         lead levels; requiring the State Surgeon General to
   23         follow certain established national guidelines or
   24         recommendations; removing a specific blood-lead level
   25         standard; requiring the department, rather than the
   26         State Surgeon General, to maintain certain records;
   27         removing a requirement that records be indexed to
   28         determine the location of high incidence of lead
   29         poisoning; requiring health care providers to report
   30         all screening results to the affected individuals;
   31         removing the requirement that such screening results
   32         be reported to the State Surgeon General; amending s.
   33         382.0255, F.S.; authorizing the waiver of fees for
   34         juvenile offenders acquiring a specific state
   35         identification card; amending s. 395.3025, F.S.;
   36         authorizing the disclosure of certain patient records,
   37         without consent, to the Agency for Health Care
   38         Administration, rather than to the department;
   39         requiring the department, rather than the agency, to
   40         make certain patient records available under specified
   41         circumstances; amending s. 456.013, F.S.; requiring
   42         the dates of birth of applicants to be included in
   43         applications for licensure examinations; removing
   44         provisions relating to the size and format of
   45         licenses; prohibiting the issuance or renewal of
   46         certain licenses by the department or specified boards
   47         to applicants who have not paid all fines and costs
   48         imposed by certain final orders; amending s. 456.025,
   49         F.S.; authorizing the department to waive specified
   50         fees when trust fund moneys exceed a certain amount;
   51         amending s. 456.065, F.S.; authorizing the transfer
   52         from the operating fund of a profession when necessary
   53         to pay for unlicensed activity enforcement costs;
   54         amending ss. 458.3265 and 459.0137, F.S.; removing
   55         provisions that exempt certain pain-management clinics
   56         from registration; exempting certain clinics from
   57         registration and operational requirements of the
   58         department; exempting certain clinics from
   59         registration fees; creating s. 465.0195, F.S.;
   60         requiring a pharmacy or outsourcing facility to obtain
   61         a permit before engaging in specified activities
   62         related to compounded sterile products; providing
   63         permit application requirements; providing standards
   64         and operational requirements for permitholders;
   65         authorizing the Board of Pharmacy to adopt by rule
   66         standards of practice for sterile compounding and
   67         outsourcing facilities; requiring the board to
   68         consider certain standards and regulations in adopting
   69         such rules; providing applicability; amending s.
   70         466.006, F.S.; removing requirements that licensing
   71         examinations be graded by dentists who are licensed in
   72         this state and employed by the department for the
   73         purpose of grading examinations; amending s. 466.007,
   74         F.S.; removing requirements that licensing
   75         examinations be graded by dentists and dental
   76         hygienists who are licensed in this state and employed
   77         by the department for the purpose of grading
   78         examinations; amending s. 468.803, F.S.; revising
   79         requirements for registration in both orthotics and
   80         prosthetics; providing for a combined license in
   81         prosthetics and orthotics; providing licensing
   82         requirements; amending s. 480.041, F.S.; removing a
   83         requirement that the Board of Massage Therapy deny
   84         certain license renewals and requiring the department
   85         to deny those license renewals under certain
   86         circumstances; amending s. 491.0045, F.S.; authorizing
   87         the Board of Clinical Social Work, Marriage and Family
   88         Therapy, and Mental Health Counseling to make an
   89         exception to intern registration requirements under
   90         certain circumstances; amending s. 491.005, F.S.;
   91         revising the amount of time of clinical experience
   92         required for a marriage and family therapist
   93         applicant; making technical changes; amending s.
   94         491.009, F.S.; authorizing the Board of Clinical
   95         Social Work, Marriage and Family Therapy, and Mental
   96         Health Counseling, rather than the department, to
   97         enter an order denying licensure or impose penalties
   98         against an applicant for licensure under certain
   99         circumstances; authorizing the department to enter
  100         such order or impose penalties against a licensure
  101         applicant in the case of a certified master social
  102         worker; deleting a provision granting such authority
  103         to the board in the case of a psychologist; amending
  104         s. 893.055, F.S.; redefining the term “health care
  105         practitioner” or “practitioner”; providing effective
  106         dates.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Paragraph (a) of subsection (2) of section
  111  381.004, Florida Statutes, is amended to read:
  112         381.004 HIV testing.—
  113         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
  114  RESULTS; COUNSELING; CONFIDENTIALITY.—
  115         (a) Before performing an HIV test:
  116         1. In a health care setting, the person to be tested shall
  117  be notified orally or in writing that the test is planned and
  118  that he or she has the right to decline the test. If the person
  119  to be tested declines the test, such decision shall be
  120  documented in the medical record. A person who has signed a
  121  general consent form for medical care is not required to sign or
  122  otherwise provide a separate consent for an HIV test during the
  123  period in which the general consent form is in effect.
  124         2. In a nonhealth care setting, a provider shall obtain the
  125  informed consent of the person upon whom the test is to be
  126  performed. Informed consent shall be preceded by an explanation
  127  of the right to confidential treatment of information
  128  identifying the subject of the test and the results of the test
  129  as provided by law. The test subject shall also be informed that
  130  a positive HIV test result will be reported to the county health
  131  department with sufficient information to identify the test
  132  subject and of the availability and location of sites at which
  133  anonymous testing is performed. As required in paragraph (3)(c),
  134  each county health department shall maintain a list of sites at
  135  which anonymous testing is performed, including the locations,
  136  telephone numbers, and hours of operation of the sites.
  137  
  138  The test subject shall also be informed that a positive HIV test
  139  result will be reported to the county health department with
  140  sufficient information to identify the test subject and of the
  141  availability and location of sites at which anonymous testing is
  142  performed. As required in paragraph (3)(c), each county health
  143  department shall maintain a list of sites at which anonymous
  144  testing is performed, including the locations, telephone
  145  numbers, and hours of operation of the sites.
  146         Section 2. Subsection (4) is added to section 381.0202,
  147  Florida Statutes, to read:
  148         381.0202 Laboratory services.—
  149         (4) The department is authorized to perform public health
  150  related laboratory testing for other states on a fee-for-service
  151  basis.
  152         Section 3. Effective upon this act becoming a law,
  153  paragraph (k) is added to subsection (3) of section 381.4018,
  154  Florida Statutes, to read:
  155         381.4018 Physician workforce assessment and development.—
  156         (3) GENERAL FUNCTIONS.—The department shall maximize the
  157  use of existing programs under the jurisdiction of the
  158  department and other state agencies and coordinate governmental
  159  and nongovernmental stakeholders and resources in order to
  160  develop a state strategic plan and assess the implementation of
  161  such strategic plan. In developing the state strategic plan, the
  162  department shall:
  163         (k) Follow federal requirements and may adopt rules
  164  necessary for the implementation of the Conrad 30 Waiver Program
  165  established under s. 214(l) of the Immigration and Nationality
  166  Act.
  167         Section 4. Subsection (3) of section 381.983, Florida
  168  Statutes, is amended to read:
  169         381.983 Definitions.—As used in this act, the term:
  170         (3) “Elevated blood-lead level” means a quantity of lead in
  171  the whole venous blood, measured from a venous or capillary draw
  172  expressed in micrograms per deciliter (ug/dL), which exceeds the
  173  cutpoint specified in rule. An elevated blood-lead level
  174  classification must be based on national recommendations
  175  specified by the Council of State and Territorial
  176  Epidemiologists and the Centers for Disease Control and
  177  Prevention 10 ug/dL or such other level as specifically provided
  178  in this act.
  179         Section 5. Subsections (2) and (3) of section 381.984,
  180  Florida Statutes, are amended to read:
  181         381.984 Educational programs.—
  182         (2) PUBLIC INFORMATION INITIATIVE.—The Governor, in
  183  conjunction with the State Surgeon General and his or her
  184  designee, may shall sponsor a series of public service
  185  announcements on radio, television, the Internet, and print
  186  media about the nature of lead-based-paint hazards, the
  187  importance of standards for lead poisoning prevention in
  188  properties, and the purposes and responsibilities set forth in
  189  this act. In developing and coordinating this public information
  190  initiative, the sponsors may shall seek the participation and
  191  involvement of private industry organizations, including those
  192  involved in real estate, insurance, mortgage banking, and
  193  pediatrics.
  194         (3) DISTRIBUTION OF INFORMATION LITERATURE ABOUT CHILDHOOD
  195  LEAD POISONING.—By January 1, 2007, The State Surgeon General or
  196  his or her designee shall develop culturally and linguistically
  197  appropriate information and distribution methods pamphlets
  198  regarding childhood lead poisoning, the importance of testing
  199  for elevated blood-lead levels, prevention of childhood lead
  200  poisoning, treatment of childhood lead poisoning, and, where
  201  appropriate, the requirements of this act. This These
  202  information pamphlets shall be provided distributed to parents
  203  or the other legal guardians of children 6 years of age or
  204  younger on the following occasions:
  205         (a) By a health care provider at the time of a child’s
  206  birth and at the time of any childhood immunization or
  207  vaccination unless it is established that such information
  208  pamphlet has been provided previously to the parent or legal
  209  guardian by the health care provider within the prior 12 months.
  210         (b) By the owner or operator of any child care facility or
  211  preschool or kindergarten class on or before October 15 of the
  212  calendar year.
  213         Section 6. Section 381.985, Florida Statutes, is amended to
  214  read:
  215         381.985 Screening program.—
  216         (1) The State Surgeon General shall establish guidelines a
  217  program for early identification of persons at risk of having
  218  elevated blood-lead levels. Such guidelines program shall
  219  systematically screen children under 6 years of age in the
  220  target populations identified in subsection (2) for the presence
  221  of elevated blood-lead levels. Children within the specified
  222  target populations shall be screened with a blood-lead test at
  223  age 12 months and age 24 months, or between the ages of 36
  224  months and 72 months if they have not previously been screened.
  225  The State Surgeon General shall, after consultation with
  226  recognized professional medical groups and such other sources as
  227  the State Surgeon General deems appropriate, follow established
  228  national reporting guidelines or recommendations, such as those
  229  issued by the Council of State and Territorial Epidemiologists
  230  and the Centers for Disease Control and Prevention, for
  231  reporting elevated blood-lead levels and screening results to
  232  the Department of Health under this section promulgate rules
  233  establishing:
  234         (a) The means by which and the intervals at which such
  235  children under 6 years of age shall be screened for lead
  236  poisoning and elevated blood-lead levels.
  237         (b) Guidelines for the medical followup on children found
  238  to have elevated blood-lead levels.
  239         (2) In developing screening programs to identify persons at
  240  risk with elevated blood-lead levels, priority shall be given to
  241  persons within the following categories:
  242         (a) All children enrolled in the Medicaid program at ages
  243  12 months and 24 months, or between the ages of 36 months and 72
  244  months if they have not previously been screened.
  245         (b) Children under the age of 6 years exhibiting delayed
  246  cognitive development or other symptoms of childhood lead
  247  poisoning.
  248         (c) Persons at risk residing in the same household, or
  249  recently residing in the same household, as another person at
  250  risk with an elevated a blood-lead level of 10 ug/dL or greater.
  251         (d) Persons at risk residing, or who have recently resided,
  252  in buildings or geographical areas in which significant numbers
  253  of cases of lead poisoning or elevated blood-lead levels have
  254  recently been reported.
  255         (e) Persons at risk residing, or who have recently resided,
  256  in an affected property contained in a building that during the
  257  preceding 3 years has been subject to enforcement for violations
  258  of lead-poisoning-prevention statutes, ordinances, rules, or
  259  regulations as specified by the State Surgeon General.
  260         (f) Persons at risk residing, or who have recently resided,
  261  in a room or group of rooms contained in a building whose owner
  262  also owns a building containing affected properties which during
  263  the preceding 3 years has been subject to an enforcement action
  264  for a violation of lead-poisoning-prevention statutes,
  265  ordinances, rules, or regulations.
  266         (g) Persons at risk residing in other buildings or
  267  geographical areas in which the State Surgeon General reasonably
  268  determines there to be a significant risk of affected
  269  individuals having an elevated blood-lead level a blood-lead
  270  level of 10 ug/dL or greater.
  271         (3) The department State Surgeon General shall maintain
  272  comprehensive records of all screenings indicating an elevated
  273  blood-lead level conducted pursuant to this section. Such
  274  records shall be indexed geographically and by owner in order to
  275  determine the location of areas of relatively high incidence of
  276  lead poisoning and other elevated blood-lead levels.
  277         (4) All screening results produced cases or probable cases
  278  of lead poisoning found in the course of screenings conducted
  279  pursuant to this section shall be reported by the health care
  280  provider conducting or ordering the screening to the affected
  281  individual, or to his or her parent or legal guardian if he or
  282  she is a minor, and to the State Surgeon General.
  283         Section 7. Subsection (3) of section 382.0255, Florida
  284  Statutes, is amended to read:
  285         382.0255 Fees.—
  286         (3) Fees shall be established by rule. However, until rules
  287  are adopted, the fees assessed pursuant to this section shall be
  288  the minimum fees cited. The fees established by rule must be
  289  sufficient to meet the cost of providing the service. All fees
  290  shall be paid by the person requesting the record, are due and
  291  payable at the time services are requested, and are
  292  nonrefundable, except that, when a search is conducted and no
  293  vital record is found, any fees paid for additional certified
  294  copies shall be refunded. The department may waive all or part
  295  of the fees required under this section for any government
  296  entity. The department shall waive all fees required under this
  297  section for a certified copy of a birth certificate issued for
  298  purposes of an inmate acquiring a state identification card
  299  before release pursuant to s. 944.605(7) or a juvenile offender
  300  acquiring a state identification card pursuant to s. 322.051.
  301         Section 8. Paragraph (e) of subsection (4) of section
  302  395.3025, Florida Statutes, is amended to read:
  303         395.3025 Patient and personnel records; copies;
  304  examination.—
  305         (4) Patient records are confidential and must not be
  306  disclosed without the consent of the patient or his or her legal
  307  representative, but appropriate disclosure may be made without
  308  such consent to:
  309         (e) The Department of Health agency upon subpoena issued
  310  pursuant to s. 456.071, but the records obtained thereby must be
  311  used solely for the purpose of the department agency and the
  312  appropriate professional board in its investigation,
  313  prosecution, and appeal of disciplinary proceedings. If the
  314  department agency requests copies of the records, the facility
  315  shall charge no more than its actual copying costs, including
  316  reasonable staff time. The records must be sealed and must not
  317  be available to the public pursuant to s. 119.07(1) or any other
  318  statute providing access to records, nor may they be available
  319  to the public as part of the record of investigation for and
  320  prosecution in disciplinary proceedings made available to the
  321  public by the department agency or the appropriate regulatory
  322  board. However, the department agency must make available, upon
  323  written request by a practitioner against whom probable cause
  324  has been found, any such records that form the basis of the
  325  determination of probable cause.
  326         Section 9. Paragraph (a) of subsection (1) and subsection
  327  (2) of section 456.013, Florida Statutes, are amended, and
  328  subsections (14) and (15) are added to that section, to read:
  329         456.013 Department; general licensing provisions.—
  330         (1)(a) Any person desiring to be licensed in a profession
  331  within the jurisdiction of the department shall apply to the
  332  department in writing to take the licensure examination. The
  333  application shall be made on a form prepared and furnished by
  334  the department. The application form must be available on the
  335  World Wide Web, and the department may accept electronically
  336  submitted applications beginning July 1, 2001. The application
  337  shall require the date of birth and the social security number
  338  of the applicant, except as provided in paragraph (b). The form
  339  shall be supplemented as needed to reflect any material change
  340  in any circumstance or condition stated in the application which
  341  takes place between the initial filing of the application and
  342  the final grant or denial of the license and which might affect
  343  the decision of the department. If an application is submitted
  344  electronically, the department may require supplemental
  345  materials, including an original signature of the applicant and
  346  verification of credentials, to be submitted in a nonelectronic
  347  format. An incomplete application shall expire 1 year after
  348  initial filing. In order to further the economic development
  349  goals of the state, and notwithstanding any law to the contrary,
  350  the department may enter into an agreement with the county tax
  351  collector for the purpose of appointing the county tax collector
  352  as the department’s agent to accept applications for licenses
  353  and applications for renewals of licenses. The agreement must
  354  specify the time within which the tax collector must forward any
  355  applications and accompanying application fees to the
  356  department.
  357         (2) Before the issuance of a any license, the department
  358  shall charge an initial license fee as determined by the
  359  applicable board or, if there is no board, by rule of the
  360  department. Upon receipt of the appropriate license fee, the
  361  department shall issue a license to a any person certified by
  362  the appropriate board, or its designee, as having met the
  363  licensure requirements imposed by law or rule. The license shall
  364  consist of a wallet-size identification card and a wall card
  365  measuring 6 1/2 inches by 5 inches. The licensee shall surrender
  366  the license to the department the wallet-size identification
  367  card and the wall card if the licensee’s license was is issued
  368  in error or is revoked.
  369         (14) The department may not renew the license of a person
  370  or establishment that has not paid the fines and costs as
  371  described in the timeframe listed in the final order imposing
  372  discipline until such time as the total amount of the fines and
  373  costs imposed by the final order are paid in full.
  374         (15) A board, or the department when there is no board, may
  375  not grant a license to a person or establishment that has not
  376  paid the fines and costs described in the timeframe listed in a
  377  previous final order imposing discipline; that has allowed the
  378  person’s or establishment’s license, regulated under chapter
  379  456, to become delinquent or null and void; or that has
  380  relinquished such a license in any way, until such time as the
  381  total amount of the fines and costs imposed by the final order,
  382  the delinquency fee, and any other fees resulting from the
  383  failure to timely renew a license are paid in full.
  384         Section 10. Present subsections (7) through (11) of section
  385  456.025, Florida Statutes, are redesignated as subsections (8)
  386  through (12), respectively, and a new subsection (7) is added to
  387  that section, to read:
  388         456.025 Fees; receipts; disposition.—
  389         (7) When the department has determined, based on long-range
  390  estimates of revenue, that a profession’s trust fund moneys
  391  exceed the amount required to cover the cost to regulate the
  392  profession, the board of the profession, or the department if
  393  there is no board, may adopt rules to implement the waiver of
  394  initial application fees, initial licensure fees, unlicensed
  395  activity fees, or renewal fees for the profession for a period
  396  not to exceed 2 years. At the end of the waiver period, all
  397  waived fees are automatically reinstated without the necessity
  398  for rulemaking by the board, or the department if there is no
  399  board.
  400         Section 11. Subsection (3) of section 456.065, Florida
  401  Statutes, is amended to read:
  402         456.065 Unlicensed practice of a health care profession;
  403  intent; cease and desist notice; penalties; enforcement;
  404  citations; fees; allocation and disposition of moneys
  405  collected.—
  406         (3) Because all enforcement costs should be covered by
  407  professions regulated by the department, the department shall
  408  impose, upon initial licensure and each licensure renewal, a
  409  special fee of $5 per licensee to fund efforts to combat
  410  unlicensed activity. Such fee shall be in addition to all other
  411  fees collected from each licensee. The department shall make
  412  direct charges to the Medical Quality Assurance Trust Fund by
  413  profession. The department shall seek board advice regarding
  414  enforcement methods and strategies. The department shall
  415  directly credit the Medical Quality Assurance Trust Fund, by
  416  profession, with the revenues received from the department’s
  417  efforts to enforce licensure provisions. The department shall
  418  include all financial and statistical data resulting from
  419  unlicensed activity enforcement as a separate category in the
  420  quarterly management report provided for in s. 456.025. For an
  421  unlicensed activity account, a balance delinquency which remains
  422  at the end of a renewal cycle may, with concurrence of the
  423  applicable board and the department, be transferred to the
  424  operating fund account of that profession. If imposition of the
  425  special fee of $5 is insufficient to cover the costs of
  426  unlicensed activity enforcement for a specific profession, with
  427  the concurrence of the applicable board and the department, a
  428  transfer may be made from the operating fund of that profession
  429  to the unlicensed activity category within the profession’s cash
  430  balance to cover the deficit. The department shall also use
  431  these funds to inform and educate consumers generally on the
  432  importance of using licensed health care practitioners.
  433         Section 12. Paragraph (a) of subsection (1) of section
  434  458.3265, Florida Statutes, is amended to read:
  435         458.3265 Pain-management clinics.—
  436         (1) REGISTRATION.—
  437         (a)1. As used in this section, the term:
  438         a. “Board eligible” means successful completion of an
  439  anesthesia, physical medicine and rehabilitation, rheumatology,
  440  or neurology residency program approved by the Accreditation
  441  Council for Graduate Medical Education or the American
  442  Osteopathic Association for a period of 6 years from successful
  443  completion of such residency program.
  444         b. “Chronic nonmalignant pain” means pain unrelated to
  445  cancer which persists beyond the usual course of disease or the
  446  injury that is the cause of the pain or more than 90 days after
  447  surgery.
  448         c. “Pain-management clinic” or “clinic” means any publicly
  449  or privately owned facility:
  450         (I) That advertises in any medium for any type of pain
  451  management services; or
  452         (II) Where in any month a majority of patients are
  453  prescribed opioids, benzodiazepines, barbiturates, or
  454  carisoprodol for the treatment of chronic nonmalignant pain.
  455         2. Each pain-management clinic must register with the
  456  department. unless:
  457         3. A clinic that meets one or more of the following
  458  conditions and notifies the department of the met conditions is
  459  exempt from registration fees and is not required to comply with
  460  paragraphs (c)-(m), subsections (2) and (3), and rules adopted
  461  under subsection (4):
  462         a. The That clinic is licensed as a facility pursuant to
  463  chapter 395;
  464         b. The majority of the physicians who provide services in
  465  the clinic primarily provide surgical services;
  466         c. The clinic is owned by a publicly held corporation whose
  467  shares are traded on a national exchange or on the over-the
  468  counter market and whose total assets at the end of the
  469  corporation’s most recent fiscal quarter exceeded $50 million;
  470         d. The clinic is affiliated with an accredited medical
  471  school at which training is provided for medical students,
  472  residents, or fellows;
  473         e. The clinic does not prescribe controlled substances for
  474  the treatment of pain;
  475         f. The clinic is owned by a corporate entity exempt from
  476  federal taxation under 26 U.S.C. s. 501(c)(3);
  477         g. The clinic is wholly owned and operated by one or more
  478  board-eligible or board-certified anesthesiologists,
  479  physiatrists, rheumatologists, or neurologists; or
  480         h. The clinic is wholly owned and operated by a physician
  481  multispecialty practice where one or more board-eligible or
  482  board-certified medical specialists, who have also completed
  483  fellowships in pain medicine approved by the Accreditation
  484  Council for Graduate Medical Education or who are also board
  485  certified in pain medicine by the American Board of Pain
  486  Medicine or a board approved by the American Board of Medical
  487  Specialties, the American Association of Physician Specialists,
  488  or the American Osteopathic Association, perform interventional
  489  pain procedures of the type routinely billed using surgical
  490  codes.
  491         Section 13. Paragraph (a) of subsection (1) of section
  492  459.0137, Florida Statutes, is amended to read:
  493         459.0137 Pain-management clinics.—
  494         (1) REGISTRATION.—
  495         (a)1. As used in this section, the term:
  496         a. “Board eligible” means successful completion of an
  497  anesthesia, physical medicine and rehabilitation, rheumatology,
  498  or neurology residency program approved by the Accreditation
  499  Council for Graduate Medical Education or the American
  500  Osteopathic Association for a period of 6 years from successful
  501  completion of such residency program.
  502         b. “Chronic nonmalignant pain” means pain unrelated to
  503  cancer which persists beyond the usual course of disease or the
  504  injury that is the cause of the pain or more than 90 days after
  505  surgery.
  506         c. “Pain-management clinic” or “clinic” means any publicly
  507  or privately owned facility:
  508         (I) That advertises in any medium for any type of pain
  509  management services; or
  510         (II) Where in any month a majority of patients are
  511  prescribed opioids, benzodiazepines, barbiturates, or
  512  carisoprodol for the treatment of chronic nonmalignant pain.
  513         2. Each pain-management clinic must register with the
  514  department. unless:
  515         3. A clinic that meets one or more of the following
  516  conditions and notifies the department of the met conditions is
  517  exempt from registration fees and is not required to comply with
  518  paragraphs (c)-(m), subsections (2) and (3), and rules adopted
  519  under subsection (4):
  520         a. The That clinic is licensed as a facility pursuant to
  521  chapter 395;
  522         b. The majority of the physicians who provide services in
  523  the clinic primarily provide surgical services;
  524         c. The clinic is owned by a publicly held corporation whose
  525  shares are traded on a national exchange or on the over-the
  526  counter market and whose total assets at the end of the
  527  corporation’s most recent fiscal quarter exceeded $50 million;
  528         d. The clinic is affiliated with an accredited medical
  529  school at which training is provided for medical students,
  530  residents, or fellows;
  531         e. The clinic does not prescribe controlled substances for
  532  the treatment of pain;
  533         f. The clinic is owned by a corporate entity exempt from
  534  federal taxation under 26 U.S.C. s. 501(c)(3);
  535         g. The clinic is wholly owned and operated by one or more
  536  board-eligible or board-certified anesthesiologists,
  537  physiatrists, rheumatologists, or neurologists; or
  538         h. The clinic is wholly owned and operated by a physician
  539  multispecialty practice where one or more board-eligible or
  540  board-certified medical specialists, who have also completed
  541  fellowships in pain medicine approved by the Accreditation
  542  Council for Graduate Medical Education or the American
  543  Osteopathic Association or who are also board-certified in pain
  544  medicine by the American Board of Pain Medicine or a board
  545  approved by the American Board of Medical Specialties, the
  546  American Association of Physician Specialists, or the American
  547  Osteopathic Association, perform interventional pain procedures
  548  of the type routinely billed using surgical codes.
  549         Section 14. Section 465.0195, Florida Statutes, is created
  550  to read:
  551         465.0195 In-state sterile compounding permit.—Before any
  552  pharmacy or outsourcing facility located in this state
  553  dispenses, creates, delivers, ships, or mails, in any manner, a
  554  compounded sterile product, the pharmacy or outsourcing facility
  555  must hold a sterile compounding permit.
  556         (1) An application for a sterile compounding permit shall
  557  be submitted on a form furnished by the board. The board may
  558  require such information as it deems reasonably necessary to
  559  carry out the purposes of this section.
  560         (2)If the board certifies that the application complies
  561  with the applicable laws and rules of the board governing the
  562  practice of the profession of pharmacy, the department shall
  563  issue the permit.
  564         (3)A permit may not be issued unless a licensed pharmacist
  565  is designated to undertake the professional supervision of the
  566  compounding and dispensing of all drugs dispensed by the
  567  permittee.
  568         (4)The permittee shall notify the department within 10
  569  days after any change in the designation of the licensed
  570  pharmacist responsible for the supervision of the compounding
  571  and dispensing of all drugs. A permittee that employs or
  572  otherwise uses registered pharmacy technicians must have a
  573  written policy and procedures manual specifying the duties,
  574  tasks, and functions that a registered pharmacy technician is
  575  allowed to perform.
  576         (5)The board may adopt by rule standards of practice for
  577  sterile compounding. In adopting the standards of practice, the
  578  board shall consider the pharmaceutical standards in chapter 797
  579  of the United States Pharmacopoeia and may consider any
  580  authoritative professional standards. In adopting standards of
  581  practice for an outsourcing facility, the board shall consider
  582  the Current Good Manufacturing Practice regulations enforced by
  583  the United States Food and Drug Administration and may consider
  584  any authoritative professional standards.
  585         (6)All provisions relating to pharmacy permits in ss.
  586  465.022 and 465.023 apply to permits issued pursuant to this
  587  section.
  588         Section 15. Paragraph (b) of subsection (4) of section
  589  466.006, Florida Statutes, is amended to read:
  590         466.006 Examination of dentists.—
  591         (4) Notwithstanding any other provision of law in chapter
  592  456 pertaining to the clinical dental licensure examination or
  593  national examinations, to be licensed as a dentist in this
  594  state, an applicant must successfully complete the following:
  595         (b)1. A practical or clinical examination, which shall be
  596  the American Dental Licensing Examination produced by the
  597  American Board of Dental Examiners, Inc., or its successor
  598  entity, if any, that is administered in this state and graded by
  599  dentists licensed in this state and employed by the department
  600  for just such purpose, provided that the board has attained, and
  601  continues to maintain thereafter, representation on the board of
  602  directors of the American Board of Dental Examiners, the
  603  examination development committee of the American Board of
  604  Dental Examiners, and such other committees of the American
  605  Board of Dental Examiners as the board deems appropriate by rule
  606  to assure that the standards established herein are maintained
  607  organizationally. A passing score on the American Dental
  608  Licensing Examination administered in this state and graded by
  609  dentists who are licensed in this state is valid for 365 days
  610  after the date the official examination results are published.
  611         2.a. As an alternative to the requirements of subparagraph
  612  1., an applicant may submit scores from an American Dental
  613  Licensing Examination previously administered in a jurisdiction
  614  other than this state after October 1, 2011, and such
  615  examination results shall be recognized as valid for the purpose
  616  of licensure in this state. A passing score on the American
  617  Dental Licensing Examination administered out-of-state shall be
  618  the same as the passing score for the American Dental Licensing
  619  Examination administered in this state and graded by dentists
  620  who are licensed in this state. The examination results are
  621  valid for 365 days after the date the official examination
  622  results are published. The applicant must have completed the
  623  examination after October 1, 2011.
  624         b. This subparagraph may not be given retroactive
  625  application.
  626         3. If the date of an applicant’s passing American Dental
  627  Licensing Examination scores from an examination previously
  628  administered in a jurisdiction other than this state under
  629  subparagraph 2. is older than 365 days, then such scores shall
  630  nevertheless be recognized as valid for the purpose of licensure
  631  in this state, but only if the applicant demonstrates that all
  632  of the following additional standards have been met:
  633         a.(I) The applicant completed the American Dental Licensing
  634  Examination after October 1, 2011.
  635         (II) This sub-subparagraph may not be given retroactive
  636  application;
  637         b. The applicant graduated from a dental school accredited
  638  by the American Dental Association Commission on Dental
  639  Accreditation or its successor entity, if any, or any other
  640  dental accrediting organization recognized by the United States
  641  Department of Education. Provided, however, if the applicant did
  642  not graduate from such a dental school, the applicant may submit
  643  proof of having successfully completed a full-time supplemental
  644  general dentistry program accredited by the American Dental
  645  Association Commission on Dental Accreditation of at least 2
  646  consecutive academic years at such accredited sponsoring
  647  institution. Such program must provide didactic and clinical
  648  education at the level of a D.D.S. or D.M.D. program accredited
  649  by the American Dental Association Commission on Dental
  650  Accreditation;
  651         c. The applicant currently possesses a valid and active
  652  dental license in good standing, with no restriction, which has
  653  never been revoked, suspended, restricted, or otherwise
  654  disciplined, from another state or territory of the United
  655  States, the District of Columbia, or the Commonwealth of Puerto
  656  Rico;
  657         d. The applicant submits proof that he or she has never
  658  been reported to the National Practitioner Data Bank, the
  659  Healthcare Integrity and Protection Data Bank, or the American
  660  Association of Dental Boards Clearinghouse. This sub
  661  subparagraph does not apply if the applicant successfully
  662  appealed to have his or her name removed from the data banks of
  663  these agencies;
  664         e.(I) In the 5 years immediately preceding the date of
  665  application for licensure in this state, the applicant must
  666  submit proof of having been consecutively engaged in the full
  667  time practice of dentistry in another state or territory of the
  668  United States, the District of Columbia, or the Commonwealth of
  669  Puerto Rico, or, if the applicant has been licensed in another
  670  state or territory of the United States, the District of
  671  Columbia, or the Commonwealth of Puerto Rico for less than 5
  672  years, the applicant must submit proof of having been engaged in
  673  the full-time practice of dentistry since the date of his or her
  674  initial licensure.
  675         (II) As used in this section, “full-time practice” is
  676  defined as a minimum of 1,200 hours per year for each and every
  677  year in the consecutive 5-year period or, where applicable, the
  678  period since initial licensure, and must include any combination
  679  of the following:
  680         (A) Active clinical practice of dentistry providing direct
  681  patient care.
  682         (B) Full-time practice as a faculty member employed by a
  683  dental or dental hygiene school approved by the board or
  684  accredited by the American Dental Association Commission on
  685  Dental Accreditation.
  686         (C) Full-time practice as a student at a postgraduate
  687  dental education program approved by the board or accredited by
  688  the American Dental Association Commission on Dental
  689  Accreditation.
  690         (III) The board shall develop rules to determine what type
  691  of proof of full-time practice is required and to recoup the
  692  cost to the board of verifying full-time practice under this
  693  section. Such proof must, at a minimum, be:
  694         (A) Admissible as evidence in an administrative proceeding;
  695         (B) Submitted in writing;
  696         (C) Submitted by the applicant under oath with penalties of
  697  perjury attached;
  698         (D) Further documented by an affidavit of someone unrelated
  699  to the applicant who is familiar with the applicant’s practice
  700  and testifies with particularity that the applicant has been
  701  engaged in full-time practice; and
  702         (E) Specifically found by the board to be both credible and
  703  admissible.
  704         (IV) An affidavit of only the applicant is not acceptable
  705  proof of full-time practice unless it is further attested to by
  706  someone unrelated to the applicant who has personal knowledge of
  707  the applicant’s practice. If the board deems it necessary to
  708  assess credibility or accuracy, the board may require the
  709  applicant or the applicant’s witnesses to appear before the
  710  board and give oral testimony under oath;
  711         f. The applicant must submit documentation that he or she
  712  has completed, or will complete, prior to licensure in this
  713  state, continuing education equivalent to this state’s
  714  requirements for the last full reporting biennium;
  715         g. The applicant must prove that he or she has never been
  716  convicted of, or pled nolo contendere to, regardless of
  717  adjudication, any felony or misdemeanor related to the practice
  718  of a health care profession in any jurisdiction;
  719         h. The applicant must successfully pass a written
  720  examination on the laws and rules of this state regulating the
  721  practice of dentistry and must successfully pass the computer
  722  based diagnostic skills examination; and
  723         i. The applicant must submit documentation that he or she
  724  has successfully completed the National Board of Dental
  725  Examiners dental examination.
  726         Section 16. Paragraph (b) of subsection (4) and paragraph
  727  (a) of subsection (6) of section 466.007, Florida Statutes, are
  728  amended to read:
  729         466.007 Examination of dental hygienists.—
  730         (4) Effective July 1, 2012, to be licensed as a dental
  731  hygienist in this state, an applicant must successfully complete
  732  the following:
  733         (b) A practical or clinical examination approved by the
  734  board. The examination shall be the Dental Hygiene Examination
  735  produced by the American Board of Dental Examiners, Inc. (ADEX)
  736  or its successor entity, if any, if the board finds that the
  737  successor entity’s clinical examination meets or exceeds the
  738  provisions of this section. The board shall approve the ADEX
  739  Dental Hygiene Examination if the board has attained and
  740  continues to maintain representation on the ADEX House of
  741  Representatives, the ADEX Dental Hygiene Examination Development
  742  Committee, and such other ADEX Dental Hygiene committees as the
  743  board deems appropriate through rulemaking to ensure that the
  744  standards established in this section are maintained
  745  organizationally. The ADEX Dental Hygiene Examination or the
  746  examination produced by its successor entity is a comprehensive
  747  examination in which an applicant must demonstrate skills within
  748  the dental hygiene scope of practice on a live patient and any
  749  other components that the board deems necessary for the
  750  applicant to successfully demonstrate competency for the purpose
  751  of licensure. The ADEX Dental Hygiene Examination or the
  752  examination by the successor entity administered in this state
  753  shall be graded by dentists and dental hygienists licensed in
  754  this state who are employed by the department for this purpose.
  755         (6)(a) A passing score on the ADEX Dental Hygiene
  756  Examination administered out of state shall be considered the
  757  same as a passing score for the ADEX Dental Hygiene Examination
  758  administered in this state and graded by licensed dentists and
  759  dental hygienists.
  760         Section 17. Subsections (1), (3), and (4) of section
  761  468.803, Florida Statutes, are amended, and paragraph (f) is
  762  added to subsection (5) of that section, to read:
  763         468.803 License, registration, and examination
  764  requirements.—
  765         (1) The department shall issue a license to practice
  766  orthotics, prosthetics, or pedorthics, or a registration for a
  767  resident to practice orthotics or prosthetics, to qualified
  768  applicants. Licenses shall be granted independently in
  769  orthotics, prosthetics, or pedorthics, but a person may be
  770  licensed in more than one such discipline, and a single
  771  prosthetist-orthotist license may be granted to persons meeting
  772  the requirements for both a prosthetist and an orthotist
  773  license. Registrations shall be granted independently in
  774  orthotics or prosthetics, or and a person may, if approved by
  775  the board, hold a single registration may be registered in both
  776  fields at the same time.
  777         (3) A person seeking to attain the required orthotics or
  778  prosthetics experience in this state must be approved by the
  779  board and registered as a resident by the department. For a 12
  780  month residency, a registration may be held in each practice
  781  field, and the board may not approve a second registration until
  782  at least 1 year after the issuance of the first registration.
  783  For an 18-month residency, Although a registration may be held
  784  in both practice fields concurrently, the board shall not
  785  approve a second registration until at least 1 year after the
  786  issuance of the first registration. Notwithstanding subsection
  787  (2), an applicant who has been approved by the board and
  788  registered by the department in one practice field may apply for
  789  registration in the second practice field without an additional
  790  state or national criminal history check during the period in
  791  which the first registration is valid. Each registration is
  792  valid for 2 years from the date of issuance unless otherwise
  793  revoked by the department upon recommendation of the board. The
  794  board shall set a registration fee not to exceed $500 to be paid
  795  by the applicant. A registration may be renewed once by the
  796  department upon recommendation of the board for a period no
  797  longer than 1 year, as such renewal is defined by the board by
  798  rule. The registration renewal fee shall not exceed one-half the
  799  current registration fee. To be considered by the board for
  800  approval of registration as a resident, the applicant must have:
  801         (a) A Bachelor of Science or higher-level postgraduate
  802  degree in Orthotics and Prosthetics from a regionally accredited
  803  college or university recognized by the Commission on
  804  Accreditation of Allied Health Education Programs or, at a
  805  minimum, a bachelor’s degree from a regionally accredited
  806  college or university and a certificate in orthotics from a
  807  program recognized by the Commission on Accreditation of Allied
  808  Health Education Programs, or its equivalent, as determined by
  809  the board; or
  810         (b) A Bachelor of Science or higher-level postgraduate
  811  degree in Orthotics and Prosthetics from a regionally accredited
  812  college or university recognized by the Commission on
  813  Accreditation of Allied Health Education Programs or, at a
  814  minimum, a bachelor’s degree from a regionally accredited
  815  college or university and a certificate in prosthetics from a
  816  program recognized by the Commission on Accreditation of Allied
  817  Health Education Programs, or its equivalent, as determined by
  818  the board.
  819         (4) The department may develop and administer a state
  820  examination for an orthotist license, or a prosthetist license,
  821  or a prosthetist-orthotist license, or the board may approve the
  822  existing examination of a national standards organization. The
  823  examination must be predicated on a minimum of a baccalaureate
  824  level education and formalized specialized training in the
  825  appropriate field. Each examination must demonstrate a minimum
  826  level of competence in basic scientific knowledge, written
  827  problem solving, and practical clinical patient management. If
  828  developed and administered by the department, the board shall
  829  require an examination fee not to exceed the actual cost of to
  830  the board in developing, administering, and approving the
  831  examination, which fee must be paid by the applicant. To be
  832  considered by the board for examination, the applicant must
  833  have:
  834         (a) For an examination in orthotics:
  835         1. A Bachelor of Science or higher-level postgraduate
  836  degree in Orthotics and Prosthetics from a regionally accredited
  837  college or university recognized by the Commission on
  838  Accreditation of Allied Health Education Programs or, at a
  839  minimum, a bachelor’s degree from a regionally accredited
  840  college or university and a certificate in orthotics from a
  841  program recognized by the Commission on Accreditation of Allied
  842  Health Education Programs, or its equivalent, as determined by
  843  the board; and
  844         2. An approved orthotics internship of 1 year of qualified
  845  experience, as determined by the board, or an orthotic residency
  846  program recognized by the board.
  847         (b) For an examination in prosthetics:
  848         1. A Bachelor of Science or higher-level postgraduate
  849  degree in Orthotics and Prosthetics from a regionally accredited
  850  college or university recognized by the Commission on
  851  Accreditation of Allied Health Education Programs or, at a
  852  minimum, a bachelor’s degree from a regionally accredited
  853  college or university and a certificate in prosthetics from a
  854  program recognized by the Commission on Accreditation of Allied
  855  Health Education Programs, or its equivalent, as determined by
  856  the board; and
  857         2. An approved prosthetics internship of 1 year of
  858  qualified experience, as determined by the board, or a
  859  prosthetic residency program recognized by the board.
  860         (c) For an examination leading toward a prosthetist
  861  orthotist license:
  862         1. A Bachelor of Science or higher-level postgraduate
  863  degree in Orthotics and Prosthetics from a regionally accredited
  864  college or university recognized by the Commission on
  865  Accreditation of Allied Health Education Programs or, at a
  866  minimum, a bachelor’s degree from a regionally accredited
  867  college or university and a certificate in orthotics and
  868  prosthetics from a program recognized by the Commission on
  869  Accreditation of Allied Health Education Programs, or its
  870  equivalent, as determined by the board; and
  871         2. An approved orthotics-prosthetics internship of 1 year
  872  of qualified experience, as determined by the board, or an
  873  orthotics-prosthetics residency program recognized by the board.
  874         (5) In addition to the requirements in subsection (2), to
  875  be licensed as:
  876         (f) A prosthetist-orthotist, the applicant must pay a fee
  877  not to exceed $500 for each profession and must have:
  878         1. A Bachelor of Science or higher-level postgraduate
  879  degree in Orthotics and Prosthetics from a regionally accredited
  880  college or university, or a bachelor’s degree with a certificate
  881  in orthotics and prosthetics from a program recognized by the
  882  Commission on Accreditation of Allied Health Education Programs,
  883  or its equivalent, as determined by the board;
  884         2. An appropriate internship of 1 year of qualified
  885  experience, as determined by the board, or a residency program
  886  recognized by the board;
  887         3. Completed the mandatory courses; and
  888         4. Passed the state prosthetics examination and state
  889  orthotics examination, or the board-approved prosthetics
  890  examination and board-approved orthotics examination. If a
  891  board-approved combined examination becomes available, the
  892  combined examination also meets the requirement under this
  893  subparagraph.
  894         Section 18. Subsection (7) of section 480.041, Florida
  895  Statutes, is amended to read:
  896         480.041 Massage therapists; qualifications; licensure;
  897  endorsement.—
  898         (7) The board shall deny an application for a new license
  899  and the department shall deny the or renewal of a license if an
  900  applicant has been convicted or found guilty of, or enters a
  901  plea of guilty or nolo contendere to, regardless of
  902  adjudication, a violation of s. 796.07(2)(a) which is
  903  reclassified under s. 796.07(7) or a felony offense under any of
  904  the following provisions of state law or a similar provision in
  905  another jurisdiction:
  906         (a) Section 787.01, relating to kidnapping.
  907         (b) Section 787.02, relating to false imprisonment.
  908         (c) Section 787.025, relating to luring or enticing a
  909  child.
  910         (d) Section 787.06, relating to human trafficking.
  911         (e) Section 787.07, relating to human smuggling.
  912         (f) Section 794.011, relating to sexual battery.
  913         (g) Section 794.08, relating to female genital mutilation.
  914         (h) Former s. 796.03, relating to procuring a person under
  915  the age of 18 for prostitution.
  916         (i) Former s. 796.035, relating to the selling or buying of
  917  minors into prostitution.
  918         (j) Section 796.04, relating to forcing, compelling, or
  919  coercing another to become a prostitute.
  920         (k) Section 796.05, relating to deriving support from the
  921  proceeds of prostitution.
  922         (l) Section 796.07(4)(a)3., relating to a felony of the
  923  third degree for a third or subsequent violation of s. 796.07,
  924  relating to prohibiting prostitution and related acts.
  925         (m) Section 800.04, relating to lewd or lascivious offenses
  926  committed upon or in the presence of persons less than 16 years
  927  of age.
  928         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  929  offenses committed upon or in the presence of an elderly or
  930  disabled person.
  931         (o) Section 827.071, relating to sexual performance by a
  932  child.
  933         (p) Section 847.0133, relating to the protection of minors.
  934         (q) Section 847.0135, relating to computer pornography.
  935         (r) Section 847.0138, relating to the transmission of
  936  material harmful to minors to a minor by electronic device or
  937  equipment.
  938         (s) Section 847.0145, relating to the selling or buying of
  939  minors.
  940         Section 19. Subsection (6) of section 491.0045, Florida
  941  Statutes, is amended to read:
  942         491.0045 Intern registration; requirements.—
  943         (6) A registration issued on or before March 31, 2017,
  944  expires March 31, 2022, and may not be renewed or reissued. Any
  945  registration issued after March 31, 2017, expires 60 months
  946  after the date it is issued. The board may make a one-time
  947  exception to the deadlines and prohibitions of this subsection
  948  in emergency or hardship cases, as defined by board rule, if A
  949  subsequent intern registration may not be issued unless the
  950  candidate has passed the theory and practice examination
  951  described in s. 491.005(1)(d), (3)(d), and (4)(d).
  952         Section 20. Paragraph (c) of subsection (3) and subsection
  953  (4) of section 491.005, Florida Statutes, are amended to read:
  954         491.005 Licensure by examination.—
  955         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  956  documentation and payment of a fee not to exceed $200, as set by
  957  board rule, plus the actual cost to the department for the
  958  purchase of the examination from the Association of Marital and
  959  Family Therapy Regulatory Board, or similar national
  960  organization, the department shall issue a license as a marriage
  961  and family therapist to an applicant who the board certifies:
  962         (c) Has had at least 2 years of clinical experience during
  963  which 50 percent of the applicant’s clients were receiving
  964  marriage and family therapy services, which must be at the post
  965  master’s level under the supervision of a licensed marriage and
  966  family therapist with at least 5 years of experience, or the
  967  equivalent, who is a qualified supervisor as determined by the
  968  board. An individual who intends to practice in Florida to
  969  satisfy the clinical experience requirements must register
  970  pursuant to s. 491.0045 before commencing practice. If a
  971  graduate has a master’s degree with a major emphasis in marriage
  972  and family therapy or a closely related field that did not
  973  include all the coursework required under sub-subparagraphs
  974  (b)1.a.-c., credit for the post-master’s level clinical
  975  experience shall not commence until the applicant has completed
  976  a minimum of 10 of the courses required under sub-subparagraphs
  977  (b)1.a.-c., as determined by the board, and at least 6 semester
  978  hours or 9 quarter hours of the course credits must have been
  979  completed in the area of marriage and family systems, theories,
  980  or techniques. Within the 2 years 3 years of required
  981  experience, the applicant shall provide direct individual,
  982  group, or family therapy and counseling, to include the
  983  following categories of cases: unmarried dyads, married couples,
  984  separating and divorcing couples, and family groups including
  985  children. A doctoral internship may be applied toward the
  986  clinical experience requirement. A licensed mental health
  987  professional must be on the premises when clinical services are
  988  provided by a registered intern in a private practice setting.
  989         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  990  documentation and payment of a fee not to exceed $200, as set by
  991  board rule, plus the actual per applicant cost to the department
  992  for purchase of the National Clinical Mental Health Counselor
  993  Examination, an examination managed by the National Board for
  994  Certified Counselors or its successor from the Professional
  995  Examination Service for the National Academy of Certified
  996  Clinical Mental Health Counselors or a similar national
  997  organization, the department shall issue a license as a mental
  998  health counselor to an applicant who the board certifies:
  999         (a) Has submitted an application and paid the appropriate
 1000  fee.
 1001         (b)1. Has a minimum of an earned master’s degree from a
 1002  mental health counseling program accredited by the Council for
 1003  the Accreditation of Counseling and Related Educational Programs
 1004  that consists of at least 60 semester hours or 80 quarter hours
 1005  of clinical and didactic instruction, including a course in
 1006  human sexuality and a course in substance abuse. If the master’s
 1007  degree is earned from a program related to the practice of
 1008  mental health counseling that is not accredited by the Council
 1009  for the Accreditation of Counseling and Related Educational
 1010  Programs, then the coursework and practicum, internship, or
 1011  fieldwork must consist of at least 60 semester hours or 80
 1012  quarter hours and meet the following requirements:
 1013         a. Thirty-three semester hours or 44 quarter hours of
 1014  graduate coursework, which must include a minimum of 3 semester
 1015  hours or 4 quarter hours of graduate-level coursework in each of
 1016  the following 11 content areas: counseling theories and
 1017  practice; human growth and development; diagnosis and treatment
 1018  of psychopathology; human sexuality; group theories and
 1019  practice; individual evaluation and assessment; career and
 1020  lifestyle assessment; research and program evaluation; social
 1021  and cultural foundations; counseling in community settings; and
 1022  substance abuse. Courses in research, thesis or dissertation
 1023  work, practicums, internships, or fieldwork may not be applied
 1024  toward this requirement.
 1025         b. A minimum of 3 semester hours or 4 quarter hours of
 1026  graduate-level coursework in legal, ethical, and professional
 1027  standards issues in the practice of mental health counseling,
 1028  which includes goals, objectives, and practices of professional
 1029  counseling organizations, codes of ethics, legal considerations,
 1030  standards of preparation, certifications and licensing, and the
 1031  role identity and professional obligations of mental health
 1032  counselors. Courses in research, thesis or dissertation work,
 1033  practicums, internships, or fieldwork may not be applied toward
 1034  this requirement.
 1035         c. The equivalent, as determined by the board, of at least
 1036  1,000 hours of university-sponsored supervised clinical
 1037  practicum, internship, or field experience as required in the
 1038  accrediting standards of the Council for Accreditation of
 1039  Counseling and Related Educational Programs for mental health
 1040  counseling programs. This experience may not be used to satisfy
 1041  the post-master’s clinical experience requirement.
 1042         2. If the course title which appears on the applicant’s
 1043  transcript does not clearly identify the content of the
 1044  coursework, the applicant shall be required to provide
 1045  additional documentation, including, but not limited to, a
 1046  syllabus or catalog description published for the course.
 1047  
 1048  Education and training in mental health counseling must have
 1049  been received in an institution of higher education which at the
 1050  time the applicant graduated was: fully accredited by a regional
 1051  accrediting body recognized by the Commission on Recognition of
 1052  Postsecondary Accreditation; publicly recognized as a member in
 1053  good standing with the Association of Universities and Colleges
 1054  of Canada; or an institution of higher education located outside
 1055  the United States and Canada, which at the time the applicant
 1056  was enrolled and at the time the applicant graduated maintained
 1057  a standard of training substantially equivalent to the standards
 1058  of training of those institutions in the United States which are
 1059  accredited by a regional accrediting body recognized by the
 1060  Commission on Recognition of Postsecondary Accreditation. Such
 1061  foreign education and training must have been received in an
 1062  institution or program of higher education officially recognized
 1063  by the government of the country in which it is located as an
 1064  institution or program to train students to practice as mental
 1065  health counselors. The burden of establishing that the
 1066  requirements of this provision have been met shall be upon the
 1067  applicant, and the board shall require documentation, such as,
 1068  but not limited to, an evaluation by a foreign equivalency
 1069  determination service, as evidence that the applicant’s graduate
 1070  degree program and education were equivalent to an accredited
 1071  program in this country.
 1072         (c) Has had at least 2 years of clinical experience in
 1073  mental health counseling, which must be at the post-master’s
 1074  level under the supervision of a licensed mental health
 1075  counselor or the equivalent who is a qualified supervisor as
 1076  determined by the board. An individual who intends to practice
 1077  in Florida to satisfy the clinical experience requirements must
 1078  register pursuant to s. 491.0045 before commencing practice. If
 1079  a graduate has a master’s degree with a major related to the
 1080  practice of mental health counseling that did not include all
 1081  the coursework required under sub-subparagraphs (b)1.a.-b.,
 1082  credit for the post-master’s level clinical experience shall not
 1083  commence until the applicant has completed a minimum of seven of
 1084  the courses required under sub-subparagraphs (b)1.a.-b., as
 1085  determined by the board, one of which must be a course in
 1086  psychopathology or abnormal psychology. A doctoral internship
 1087  may be applied toward the clinical experience requirement. A
 1088  licensed mental health professional must be on the premises when
 1089  clinical services are provided by a registered intern in a
 1090  private practice setting.
 1091         (d) Has passed a theory and practice examination provided
 1092  by the department for this purpose.
 1093         (e) Has demonstrated, in a manner designated by rule of the
 1094  board, knowledge of the laws and rules governing the practice of
 1095  clinical social work, marriage and family therapy, and mental
 1096  health counseling.
 1097         Section 21. Subsection (2) of section 491.009, Florida
 1098  Statutes, is amended to read:
 1099         491.009 Discipline.—
 1100         (2) The board department, or, in the case of certified
 1101  master social workers psychologists, the department board, may
 1102  enter an order denying licensure or imposing any of the
 1103  penalties in s. 456.072(2) against any applicant for licensure
 1104  or licensee who is found guilty of violating any provision of
 1105  subsection (1) of this section or who is found guilty of
 1106  violating any provision of s. 456.072(1).
 1107         Section 22. Paragraph (d) of subsection (1) and paragraph
 1108  (k) of subsection (11) of section 893.055, Florida Statutes, are
 1109  amended to read:
 1110         893.055 Prescription drug monitoring program.—
 1111         (1) As used in this section, the term:
 1112         (d) “Health care practitioner” or “practitioner” means any
 1113  practitioner who is subject to licensure or regulation by the
 1114  department under chapter 458, chapter 459, chapter 461, chapter
 1115  462, chapter 463, chapter 464, chapter 465, or chapter 466; or a
 1116  health care provider of the United States Department of Veterans
 1117  Affairs who is employed by the Federal Government and exempt
 1118  from licensure under s. 456.023.
 1119         (11) The department may establish a direct-support
 1120  organization that has a board consisting of at least five
 1121  members to provide assistance, funding, and promotional support
 1122  for the activities authorized for the prescription drug
 1123  monitoring program.
 1124         (k) This subsection is repealed October 1, 2022 October 1,
 1125  2017, unless reviewed and saved from repeal by the Legislature.
 1126         Section 23. Except as otherwise expressly provided in this
 1127  act, and except for this section, which shall take effect upon
 1128  this act becoming a law, this act shall take effect July 1,
 1129  2017.