Florida Senate - 2018                                     SB 758
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-00529A-18                                            2018758__
    1                        A bill to be entitled                      
    2         An act relating to diabetes educators; amending s.
    3         456.001, F.S.; redefining the term “health care
    4         practitioner” to include diabetes educators; creating
    5         part XVII of ch. 468, F.S., entitled “Diabetes
    6         Educators”; providing legislative findings and intent;
    7         requiring implementation by a specified date; defining
    8         terms; providing requirements for registration as a
    9         diabetes educator; requiring the Department of Health
   10         to renew a registration under certain circumstances;
   11         requiring the department to adopt rules for biennial
   12         renewal of registrations; requiring the department to
   13         establish specified fees; prohibiting an unregistered
   14         person from certain activities relating to diabetes
   15         self-management training; providing exemptions;
   16         authorizing the department to take disciplinary action
   17         against an applicant or registrant for specified
   18         violations; authorizing rulemaking; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (4) of section 456.001, Florida
   24  Statutes, is amended to read:
   25         456.001 Definitions.—As used in this chapter, the term:
   26         (4) “Health care practitioner” means any person licensed or
   27  registered under chapter 457; chapter 458; chapter 459; chapter
   28  460; chapter 461; chapter 462; chapter 463; chapter 464; chapter
   29  465; chapter 466; chapter 467; part I, part II, part III, part
   30  V, part X, part XIII, or part XIV, or part XVII of chapter 468;
   31  chapter 478; chapter 480; part III or part IV of chapter 483;
   32  chapter 484; chapter 486; chapter 490; or chapter 491.
   33         Section 2. Part XVII of chapter 468, Florida Statutes,
   34  consisting of sections 468.931 through 468.935, Florida
   35  Statutes, is created to read:
   36                              PART XVII                            
   37                         DIABETES EDUCATORS                        
   38         468.931Legislative findings and intent; implementation.—
   39         (1) The Legislature finds that the provision of diabetes
   40  self-management training by unregistered and incompetent
   41  practitioners presents a danger to the public health and safety.
   42  Therefore, it is the intent of the Legislature to prohibit
   43  diabetes educators who fall below minimum competency standards
   44  or who otherwise present a danger to the public health and
   45  safety from providing diabetes self-management training in this
   46  state.
   47         (2) The Department of Health must implement the provisions
   48  of this part by July 1, 2019.
   49         468.932Definitions.—As used in this part, the term:
   50         (1)“Department” means the Department of Health.
   51         (2)“Diabetes educator” means a health care practitioner
   52  registered under this part who has demonstrated a comprehensive
   53  knowledge of and experience in prediabetes, diabetes prevention,
   54  and diabetes education and who provides diabetes self-management
   55  training.
   56         (3)“Diabetes self-management training” means the
   57  assessment and development of a plan of care for a person with
   58  diabetes through a collaborative process through which the
   59  person gains the knowledge and skills necessary to modify
   60  behavior and successfully self-manage the disease as provided
   61  for in the national standards published by the American Diabetes
   62  Association.
   63         468.933Requirements for registration; registration
   64  renewal.—
   65         (1)The department shall issue a registration to an
   66  applicant who has submitted to the department:
   67         (a)A completed application in a form prescribed by the
   68  department.
   69         (b)A registration fee, pursuant to s. 468.934.
   70         (c)1.Proof of certification as a Certified Diabetes
   71  Educator by the National Certification Board for Diabetes
   72  Educators or certification in Board Certified—Advanced Diabetes
   73  Management by the American Association of Diabetes Educators; or
   74         2.Proof of completion of at least 250 practice hours of
   75  diabetes education, of which at least 100 practice hours are
   76  earned in the calendar year immediately preceding application,
   77  and proof of passing the registration examination administered
   78  by the National Certification Board for Diabetes Educators; and
   79  at least one of the following:
   80         a.Proof of licensure as a health care practitioner as
   81  defined in s. 456.001;
   82         b.Proof of certification as a clinical exercise
   83  physiologist or Registered Clinical Exercise Physiologist by the
   84  American College of Sports Medicine; or
   85         c.Proof of a master’s degree or higher in social work from
   86  an accredited United States college or university.
   87         (2)The department shall renew a registration under this
   88  section upon receipt of a renewal application and biennial
   89  renewal fee from a registrant. The department shall adopt rules
   90  establishing procedures for biennial renewal of registrations
   91  under this section.
   92         468.934Fees.—The department shall establish by rule the
   93  following fees to be paid by a person seeking registration or
   94  registration renewal as a diabetes educator. The fees must be
   95  adequate to implement and administer this part:
   96         (1)A nonrefundable application fee, which may not exceed
   97  $100.
   98         (2)An initial registration fee, which may not exceed $100.
   99         (3)A biennial renewal fee, which may not exceed $80.
  100         (4)A fee for reactivation of an inactive registration,
  101  which may not exceed $135.
  102         468.935Prohibited acts; exemptions.—
  103         (1)A person may not provide diabetes self-management
  104  training, or represent himself or herself as being a diabetes
  105  educator, unless he or she is registered pursuant to this part.
  106         (2)This section does not prohibit or restrict:
  107         (a)An emergency medical technician or paramedic licensed
  108  under chapter 401 or a health care practitioner as defined in s.
  109  456.001 from engaging in, or practicing within, the scope of the
  110  occupation or profession for which he or she is licensed.
  111         (b)A person employed by the Federal Government or any
  112  bureau, division, or agency of the Federal Government from
  113  discharging his or her official duties.
  114         (3)The department may take disciplinary action pursuant to
  115  s. 456.072 against an applicant or registrant and may deny,
  116  revoke, or suspend registration or registration renewal for a
  117  violation of this section.
  118         (4)The department may adopt rules to implement and
  119  administer this section.
  120         Section 3. This act shall take effect July 1, 2018.