Florida Senate - 2020 CS for SB 230
By the Committee on Health Policy; and Senator Harrell
588-00877-20 2020230c1
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.0042, F.S.; revising the purpose of patient
4 care networks from serving patients with acquired
5 immune deficiency syndrome to serving those with human
6 immunodeficiency virus; conforming provisions to
7 changes made by the act; deleting obsolete language;
8 amending s. 381.4018, F.S.; requiring the department
9 to develop strategies to maximize federal-state
10 partnerships that provide incentives for physicians to
11 practice in medically underserved or rural areas;
12 authorizing the department to adopt certain rules;
13 amending s. 401.35, F.S.; clarifying applicability of
14 certain ambulance rules to include emergency medical
15 services vehicles; deleting the requirement that the
16 department base rules governing medical supplies and
17 equipment required in ambulances and emergency medical
18 services vehicles on a certain association’s
19 standards; deleting the requirement that the
20 department base rules governing ambulance or emergency
21 medical services vehicle design and construction on a
22 certain agency’s standards and instead requiring the
23 department to base such rules on national standards in
24 effect on a certain date; amending s.456.013, F.S.;
25 revising health care practitioner licensure
26 application requirements; authorizing the board or
27 department to issue a temporary license to certain
28 applicants which expires after 60 days; amending s.
29 458.3145, F.S.; revising the list of individuals who
30 may be issued a medical faculty certificate without
31 examination; amending s. 458.3312, F.S.; removing a
32 prohibition against physicians representing themselves
33 as board-certified specialists in dermatology unless
34 the recognizing agency is reviewed and reauthorized on
35 a specified basis by the Board of Medicine; amending
36 s. 459.0055, F.S.; revising licensure requirements for
37 a person seeking licensure or certification as an
38 osteopathic physician; repealing s. 460.4166, F.S.,
39 relating to registered chiropractic assistants;
40 amending s. 464.019, F.S.; extending through 2025 the
41 Florida Center for Nursing’s responsibility to study
42 and issue an annual report on the implementation of
43 nursing education programs; amending s. 464.202, F.S.;
44 requiring the Board of Nursing to adopt rules that
45 include disciplinary procedures and standards of
46 practice for certified nursing assistants; amending s.
47 464.203, F.S.; revising certification requirements for
48 nursing assistants; amending s. 464.204, F.S.;
49 revising grounds for board-imposed disciplinary
50 sanctions; amending s. 466.006, F.S.; revising certain
51 examination requirements for applicants seeking dental
52 licensure; reviving, reenacting, and amending s.
53 466.0067, F.S., relating to the application for a
54 health access dental license; reviving, reenacting,
55 and amending s. 466.00671, F.S., relating to the
56 renewal of such a license; reviving and reenacting s.
57 466.00672, F.S., relating to the revocation of such a
58 license; amending s. 466.007, F.S.; revising
59 requirements for examinations of dental hygienists;
60 amending s. 466.017, F.S.; requiring dentists and
61 certified registered dental hygienists to report in
62 writing certain adverse incidents to the department
63 within a specified timeframe; providing for
64 disciplinary action by the Board of Dentistry for
65 violations; defining the term “adverse incident”;
66 authorizing the board to adopt rules; amending s.
67 466.031, F.S.; making technical changes; authorizing
68 an employee or an independent contractor of a dental
69 laboratory, acting as an agent of that dental
70 laboratory, to engage in onsite consultation with a
71 licensed dentist during a dental procedure; amending
72 s. 466.036, F.S.; revising the frequency of dental
73 laboratory inspections during a specified period;
74 amending s. 468.701, F.S.; revising the definition of
75 the term “athletic trainer”; deleting a requirement
76 that is relocated to another section; amending s.
77 468.707, F.S.; revising athletic trainer licensure
78 requirements; amending s. 468.711, F.S.; requiring
79 certain licensees to maintain certification in good
80 standing without lapse as a condition of renewal of
81 their athletic trainer licenses; amending s. 468.713,
82 F.S.; requiring that an athletic trainer work within a
83 specified scope of practice; relocating an existing
84 requirement that was stricken from another section;
85 amending s. 468.723, F.S.; requiring the direct
86 supervision of an athletic training student to be in
87 accordance with rules adopted by the Board of Athletic
88 Training; amending s. 468.803, F.S.; revising
89 orthotic, prosthetic, and pedorthic licensure,
90 registration, and examination requirements; amending
91 s. 480.033, F.S.; revising the definition of the term
92 “apprentice”; amending s. 480.041, F.S.; revising
93 qualifications for licensure as a massage therapist;
94 specifying that massage apprentices licensed before a
95 specified date may continue to perform massage therapy
96 as authorized under their licenses; authorizing
97 massage apprentices to apply for full licensure upon
98 completion of their apprenticeships, under certain
99 conditions; repealing s. 480.042, F.S., relating to
100 examinations for licensure as a massage therapist;
101 amending s. 490.003, F.S.; revising the definition of
102 the terms “doctoral-level psychological education” and
103 “doctoral degree in psychology”; amending s. 490.005,
104 F.S.; revising requirements for licensure by
105 examination of psychologists and school psychologists;
106 amending s. 490.006, F.S.; revising requirements for
107 licensure by endorsement of psychologists and school
108 psychologists; amending s. 491.0045, F.S.; exempting
109 clinical social worker interns, marriage and family
110 therapist interns, and mental health counselor interns
111 from registration requirements, under certain
112 circumstances; amending s. 491.005, F.S.; revising
113 requirements for the licensure by examination of
114 marriage and family therapists; revising requirements
115 for the licensure by examination of mental health
116 counselors; amending s. 491.006, F.S.; revising
117 requirements for licensure by endorsement or
118 certification for specified professions; amending s.
119 491.007, F.S.; removing a biennial intern registration
120 fee; amending s. 491.009, F.S.; authorizing the Board
121 of Clinical Social Work, Marriage and Family Therapy,
122 and Mental Health Counseling or, under certain
123 circumstances, the department to enter an order
124 denying licensure or imposing penalties against an
125 applicant for licensure under certain circumstances;
126 amending ss. 491.0046 and 945.42, F.S.; conforming
127 cross-references; providing an effective date.
128
129 Be It Enacted by the Legislature of the State of Florida:
130
131 Section 1. Section 381.0042, Florida Statutes, is amended
132 to read:
133 381.0042 Patient care for persons with HIV infection.—The
134 department may establish human immunodeficiency virus acquired
135 immune deficiency syndrome patient care networks in each region
136 of the state where the number numbers of cases of acquired
137 immune deficiency syndrome and other human immunodeficiency
138 virus transmission infections justifies the establishment of
139 cost-effective regional patient care networks. Such networks
140 shall be delineated by rule of the department which shall take
141 into account natural trade areas and centers of medical
142 excellence that specialize in the treatment of human
143 immunodeficiency virus acquired immune deficiency syndrome, as
144 well as available federal, state, and other funds. Each patient
145 care network shall include representation of persons with human
146 immunodeficiency virus infection; health care providers;
147 business interests; the department, including, but not limited
148 to, county health departments; and local units of government.
149 Each network shall plan for the care and treatment of persons
150 with human immunodeficiency virus acquired immune deficiency
151 syndrome and acquired immune deficiency syndrome related complex
152 in a cost-effective, dignified manner that which emphasizes
153 outpatient and home care. Once per each year, beginning April
154 1989, each network shall make its recommendations concerning the
155 needs for patient care to the department.
156 Section 2. Subsection (3) of section 381.4018, Florida
157 Statutes, is amended to read:
158 381.4018 Physician workforce assessment and development.—
159 (3) GENERAL FUNCTIONS.—The department shall maximize the
160 use of existing programs under the jurisdiction of the
161 department and other state agencies and coordinate governmental
162 and nongovernmental stakeholders and resources in order to
163 develop a state strategic plan and assess the implementation of
164 such strategic plan. In developing the state strategic plan, the
165 department shall:
166 (a) Monitor, evaluate, and report on the supply and
167 distribution of physicians licensed under chapter 458 or chapter
168 459. The department shall maintain a database to serve as a
169 statewide source of data concerning the physician workforce.
170 (b) Develop a model and quantify, on an ongoing basis, the
171 adequacy of the state’s current and future physician workforce
172 as reliable data becomes available. Such model must take into
173 account demographics, physician practice status, place of
174 education and training, generational changes, population growth,
175 economic indicators, and issues concerning the “pipeline” into
176 medical education.
177 (c) Develop and recommend strategies to determine whether
178 the number of qualified medical school applicants who might
179 become competent, practicing physicians in this state will be
180 sufficient to meet the capacity of the state’s medical schools.
181 If appropriate, the department shall, working with
182 representatives of appropriate governmental and nongovernmental
183 entities, develop strategies and recommendations and identify
184 best practice programs that introduce health care as a
185 profession and strengthen skills needed for medical school
186 admission for elementary, middle, and high school students, and
187 improve premedical education at the precollege and college level
188 in order to increase this state’s potential pool of medical
189 students.
190 (d) Develop strategies to ensure that the number of
191 graduates from the state’s public and private allopathic and
192 osteopathic medical schools is adequate to meet physician
193 workforce needs, based on the analysis of the physician
194 workforce data, so as to provide a high-quality medical
195 education to students in a manner that recognizes the uniqueness
196 of each new and existing medical school in this state.
197 (e) Pursue strategies and policies to create, expand, and
198 maintain graduate medical education positions in the state based
199 on the analysis of the physician workforce data. Such strategies
200 and policies must take into account the effect of federal
201 funding limitations on the expansion and creation of positions
202 in graduate medical education. The department shall develop
203 options to address such federal funding limitations. The
204 department shall consider options to provide direct state
205 funding for graduate medical education positions in a manner
206 that addresses requirements and needs relative to accreditation
207 of graduate medical education programs. The department shall
208 consider funding residency positions as a means of addressing
209 needed physician specialty areas, rural areas having a shortage
210 of physicians, and areas of ongoing critical need, and as a
211 means of addressing the state’s physician workforce needs based
212 on an ongoing analysis of physician workforce data.
213 (f) Develop strategies to maximize federal and state
214 programs that provide for the use of incentives to attract
215 physicians to this state or retain physicians within the state.
216 Such strategies should explore and maximize federal-state
217 partnerships that provide incentives for physicians to practice
218 in federally designated shortage areas, in otherwise medically
219 underserved areas, or in rural areas. Strategies shall also
220 consider the use of state programs, such as the Medical
221 Education Reimbursement and Loan Repayment Program pursuant to
222 s. 1009.65, which provide for education loan repayment or loan
223 forgiveness and provide monetary incentives for physicians to
224 relocate to underserved areas of the state.
225 (g) Coordinate and enhance activities relative to physician
226 workforce needs, undergraduate medical education, graduate
227 medical education, and reentry of retired military and other
228 physicians into the physician workforce provided by the Division
229 of Medical Quality Assurance, area health education center
230 networks established pursuant to s. 381.0402, and other offices
231 and programs within the department as designated by the State
232 Surgeon General.
233 (h) Work in conjunction with and act as a coordinating body
234 for governmental and nongovernmental stakeholders to address
235 matters relating to the state’s physician workforce assessment
236 and development for the purpose of ensuring an adequate supply
237 of well-trained physicians to meet the state’s future needs.
238 Such governmental stakeholders shall include, but need not be
239 limited to, the State Surgeon General or his or her designee,
240 the Commissioner of Education or his or her designee, the
241 Secretary of Health Care Administration or his or her designee,
242 and the Chancellor of the State University System or his or her
243 designee, and, at the discretion of the department, other
244 representatives of state and local agencies that are involved in
245 assessing, educating, or training the state’s current or future
246 physicians. Other stakeholders shall include, but need not be
247 limited to, organizations representing the state’s public and
248 private allopathic and osteopathic medical schools;
249 organizations representing hospitals and other institutions
250 providing health care, particularly those that currently provide
251 or have an interest in providing accredited medical education
252 and graduate medical education to medical students and medical
253 residents; organizations representing allopathic and osteopathic
254 practicing physicians; and, at the discretion of the department,
255 representatives of other organizations or entities involved in
256 assessing, educating, or training the state’s current or future
257 physicians.
258 (i) Serve as a liaison with other states and federal
259 agencies and programs in order to enhance resources available to
260 the state’s physician workforce and medical education continuum.
261 (j) Act as a clearinghouse for collecting and disseminating
262 information concerning the physician workforce and medical
263 education continuum in this state.
264
265 The department may adopt rules to implement this subsection,
266 including rules that establish guidelines to implement the
267 federal Conrad 30 Waiver Program created under s. 214(l) of the
268 Immigration and Nationality Act.
269 Section 3. Paragraphs (c) and (d) of subsection (1) of
270 section 401.35, Florida Statutes, are amended to read:
271 401.35 Rules.—The department shall adopt rules, including
272 definitions of terms, necessary to carry out the purposes of
273 this part.
274 (1) The rules must provide at least minimum standards
275 governing:
276 (c) Ground Ambulance and emergency medical services vehicle
277 equipment and supplies that a licensee with a valid vehicle
278 permit under s. 401.26 is required to maintain to provide basic
279 life support or advanced life support services at least as
280 comprehensive as those published in the most current edition of
281 the American College of Surgeons, Committee on Trauma, list of
282 essential equipment for ambulances, as interpreted by rules of
283 the department.
284 (d) Ground Ambulance or emergency medical services vehicle
285 design and construction based on national standards in effect on
286 the date the rule is adopted and at least equal to those most
287 currently recommended by the United States General Services
288 Administration as interpreted by department rule rules of the
289 department.
290 Section 4. Paragraphs (a) and (b) of subsection (1) of
291 section 456.013, Florida Statutes, are amended to read:
292 456.013 Department; general licensing provisions.—
293 (1)(a) Any person desiring to be licensed in a profession
294 within the jurisdiction of the department must shall apply to
295 the department in writing to take the licensure examination. The
296 application must shall be made on a form prepared and furnished
297 by the department. The application form must be available on the
298 Internet, World Wide Web and the department may accept
299 electronically submitted applications. The application shall
300 require the social security number and date of birth of the
301 applicant, except as provided in paragraphs (b) and (c). The
302 form shall be supplemented as needed to reflect any material
303 change in any circumstance or condition stated in the
304 application which takes place between the initial filing of the
305 application and the final grant or denial of the license and
306 which might affect the decision of the department. If an
307 application is submitted electronically, the department may
308 require supplemental materials, including an original signature
309 of the applicant and verification of credentials, to be
310 submitted in a nonelectronic format. An incomplete application
311 shall expire 1 year after initial filing. In order to further
312 the economic development goals of the state, and notwithstanding
313 any law to the contrary, the department may enter into an
314 agreement with the county tax collector for the purpose of
315 appointing the county tax collector as the department’s agent to
316 accept applications for licenses and applications for renewals
317 of licenses. The agreement must specify the time within which
318 the tax collector must forward any applications and accompanying
319 application fees to the department.
320 (b) If an applicant has not been issued a social security
321 number by the Federal Government at the time of application
322 because the applicant is not a citizen or resident of this
323 country, the department may process the application using a
324 unique personal identification number. If such an applicant is
325 otherwise eligible for licensure, the board, or the department
326 when there is no board, may issue a temporary license to the
327 applicant, which shall expire 30 days after issuance unless a
328 social security number is obtained and submitted in writing to
329 the department. A temporary license issued under this paragraph
330 to an applicant who has accepted a position with an accredited
331 residency, internship, or fellowship program in this state and
332 is applying for registration under s. 458.345 or s. 459.021
333 shall expire 60 days after issuance unless the applicant obtains
334 a social security number and submits it in writing to the
335 department. Upon receipt of the applicant’s social security
336 number, the department shall issue a new license, which shall
337 expire at the end of the current biennium.
338 Section 5. Subsection (1) of section 458.3145, Florida
339 Statutes, is amended to read:
340 458.3145 Medical faculty certificate.—
341 (1) A medical faculty certificate may be issued without
342 examination to an individual who:
343 (a) Is a graduate of an accredited medical school or its
344 equivalent, or is a graduate of a foreign medical school listed
345 with the World Health Organization;
346 (b) Holds a valid, current license to practice medicine in
347 another jurisdiction;
348 (c) Has completed the application form and remitted a
349 nonrefundable application fee not to exceed $500;
350 (d) Has completed an approved residency or fellowship of at
351 least 1 year or has received training which has been determined
352 by the board to be equivalent to the 1-year residency
353 requirement;
354 (e) Is at least 21 years of age;
355 (f) Is of good moral character;
356 (g) Has not committed any act in this or any other
357 jurisdiction which would constitute the basis for disciplining a
358 physician under s. 458.331;
359 (h) For any applicant who has graduated from medical school
360 after October 1, 1992, has completed, before entering medical
361 school, the equivalent of 2 academic years of preprofessional,
362 postsecondary education, as determined by rule of the board,
363 which must include, at a minimum, courses in such fields as
364 anatomy, biology, and chemistry; and
365 (i) Has been offered and has accepted a full-time faculty
366 appointment to teach in a program of medicine at:
367 1. The University of Florida;
368 2. The University of Miami;
369 3. The University of South Florida;
370 4. The Florida State University;
371 5. The Florida International University;
372 6. The University of Central Florida;
373 7. The Mayo Clinic College of Medicine and Science in
374 Jacksonville, Florida;
375 8. The Florida Atlantic University; or
376 9. The Johns Hopkins All Children’s Hospital in St.
377 Petersburg, Florida;
378 10. Nova Southeastern University; or
379 11. Lake Erie College of Osteopathic Medicine.
380 Section 6. Section 458.3312, Florida Statutes, is amended
381 to read:
382 458.3312 Specialties.—A physician licensed under this
383 chapter may not hold himself or herself out as a board-certified
384 specialist unless the physician has received formal recognition
385 as a specialist from a specialty board of the American Board of
386 Medical Specialties or other recognizing agency that has been
387 approved by the board. However, a physician may indicate the
388 services offered and may state that his or her practice is
389 limited to one or more types of services when this accurately
390 reflects the scope of practice of the physician. A physician may
391 not hold himself or herself out as a board-certified specialist
392 in dermatology unless the recognizing agency, whether authorized
393 in statute or by rule, is triennially reviewed and reauthorized
394 by the Board of Medicine.
395 Section 7. Subsection (1) of section 459.0055, Florida
396 Statutes, is amended to read:
397 459.0055 General licensure requirements.—
398 (1) Except as otherwise provided herein, any person
399 desiring to be licensed or certified as an osteopathic physician
400 pursuant to this chapter shall:
401 (a) Complete an application form and submit the appropriate
402 fee to the department;
403 (b) Be at least 21 years of age;
404 (c) Be of good moral character;
405 (d) Have completed at least 3 years of preprofessional
406 postsecondary education;
407 (e) Have not previously committed any act that would
408 constitute a violation of this chapter, unless the board
409 determines that such act does not adversely affect the
410 applicant’s present ability and fitness to practice osteopathic
411 medicine;
412 (f) Not be under investigation in any jurisdiction for an
413 act that would constitute a violation of this chapter. If, upon
414 completion of such investigation, it is determined that the
415 applicant has committed an act that would constitute a violation
416 of this chapter, the applicant is ineligible for licensure
417 unless the board determines that such act does not adversely
418 affect the applicant’s present ability and fitness to practice
419 osteopathic medicine;
420 (g) Have not had an application for a license to practice
421 osteopathic medicine denied or a license to practice osteopathic
422 medicine revoked, suspended, or otherwise acted against by the
423 licensing authority of any jurisdiction unless the board
424 determines that the grounds on which such action was taken do
425 not adversely affect the applicant’s present ability and fitness
426 to practice osteopathic medicine. A licensing authority’s
427 acceptance of a physician’s relinquishment of license,
428 stipulation, consent order, or other settlement, offered in
429 response to or in anticipation of the filing of administrative
430 charges against the osteopathic physician, shall be considered
431 action against the osteopathic physician’s license;
432 (h) Not have received less than a satisfactory evaluation
433 from an internship, residency, or fellowship training program,
434 unless the board determines that such act does not adversely
435 affect the applicant’s present ability and fitness to practice
436 osteopathic medicine. Such evaluation shall be provided by the
437 director of medical education from the medical training
438 facility;
439 (i) Have met the criteria set forth in s. 459.0075, s.
440 459.0077, or s. 459.021, whichever is applicable;
441 (j) Submit to the department a set of fingerprints on a
442 form and under procedures specified by the department, along
443 with a payment in an amount equal to the costs incurred by the
444 Department of Health for the criminal background check of the
445 applicant;
446 (k) Demonstrate that he or she is a graduate of a medical
447 college recognized and approved by the American Osteopathic
448 Association;
449 (l) Demonstrate that she or he has successfully completed
450 an internship or residency a resident internship of not less
451 than 12 months in a program accredited hospital approved for
452 this purpose by the Board of Trustees of the American
453 Osteopathic Association or the Accreditation Council for
454 Graduate Medical Education any other internship program approved
455 by the board upon a showing of good cause by the applicant. This
456 requirement may be waived for an applicant who matriculated in a
457 college of osteopathic medicine during or before 1948; and
458 (m) Demonstrate that she or he has obtained a passing
459 score, as established by rule of the board, on all parts of the
460 examination conducted by the National Board of Osteopathic
461 Medical Examiners or other examination approved by the board no
462 more than 5 years before making application in this state or, if
463 holding a valid active license in another state, that the
464 initial licensure in the other state occurred no more than 5
465 years after the applicant obtained a passing score on the
466 examination conducted by the National Board of Osteopathic
467 Medical Examiners or other substantially similar examination
468 approved by the board.
469 Section 8. Section 460.4166, Florida Statutes, is repealed.
470 Section 9. Subsection (10) of section 464.019, Florida
471 Statutes, is amended to read:
472 464.019 Approval of nursing education programs.—
473 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
474 shall study the administration of this section and submit
475 reports to the Governor, the President of the Senate, and the
476 Speaker of the House of Representatives annually by January 30,
477 through January 30, 2025 2020. The annual reports shall address
478 the previous academic year; provide data on the measures
479 specified in paragraphs (a) and (b), as such data becomes
480 available; and include an evaluation of such data for purposes
481 of determining whether this section is increasing the
482 availability of nursing education programs and the production of
483 quality nurses. The department and each approved program or
484 accredited program shall comply with requests for data from the
485 Florida Center for Nursing.
486 (a) The Florida Center for Nursing shall evaluate program
487 specific data for each approved program and accredited program
488 conducted in the state, including, but not limited to:
489 1. The number of programs and student slots available.
490 2. The number of student applications submitted, the number
491 of qualified applicants, and the number of students accepted.
492 3. The number of program graduates.
493 4. Program retention rates of students tracked from program
494 entry to graduation.
495 5. Graduate passage rates on the National Council of State
496 Boards of Nursing Licensing Examination.
497 6. The number of graduates who become employed as practical
498 or professional nurses in the state.
499 (b) The Florida Center for Nursing shall evaluate the
500 board’s implementation of the:
501 1. Program application approval process, including, but not
502 limited to, the number of program applications submitted under
503 subsection (1),; the number of program applications approved and
504 denied by the board under subsection (2),; the number of denials
505 of program applications reviewed under chapter 120,; and a
506 description of the outcomes of those reviews.
507 2. Accountability processes, including, but not limited to,
508 the number of programs on probationary status, the number of
509 approved programs for which the program director is required to
510 appear before the board under subsection (5), the number of
511 approved programs terminated by the board, the number of
512 terminations reviewed under chapter 120, and a description of
513 the outcomes of those reviews.
514 (c) The Florida Center for Nursing shall complete an annual
515 assessment of compliance by programs with the accreditation
516 requirements of subsection (11), include in the assessment a
517 determination of the accreditation process status for each
518 program, and submit the assessment as part of the reports
519 required by this subsection.
520 Section 10. Section 464.202, Florida Statutes, is amended
521 to read:
522 464.202 Duties and powers of the board.—The board shall
523 maintain, or contract with or approve another entity to
524 maintain, a state registry of certified nursing assistants. The
525 registry must consist of the name of each certified nursing
526 assistant in this state; other identifying information defined
527 by board rule; certification status; the effective date of
528 certification; other information required by state or federal
529 law; information regarding any crime or any abuse, neglect, or
530 exploitation as provided under chapter 435; and any disciplinary
531 action taken against the certified nursing assistant. The
532 registry shall be accessible to the public, the
533 certificateholder, employers, and other state agencies. The
534 board shall adopt by rule testing procedures for use in
535 certifying nursing assistants and shall adopt rules regulating
536 the practice of certified nursing assistants, including
537 disciplinary procedures and standards of practice, and
538 specifying the scope of practice authorized and the level of
539 supervision required for the practice of certified nursing
540 assistants. The board may contract with or approve another
541 entity or organization to provide the examination services,
542 including the development and administration of examinations.
543 The board shall require that the contract provider offer
544 certified nursing assistant applications via the Internet, and
545 may require the contract provider to accept certified nursing
546 assistant applications for processing via the Internet. The
547 board shall require the contract provider to provide the
548 preliminary results of the certified nursing examination on the
549 date the test is administered. The provider shall pay all
550 reasonable costs and expenses incurred by the board in
551 evaluating the provider’s application and performance during the
552 delivery of services, including examination services and
553 procedures for maintaining the certified nursing assistant
554 registry.
555 Section 11. Paragraph (c) of subsection (1) of section
556 464.203, Florida Statutes, is amended to read:
557 464.203 Certified nursing assistants; certification
558 requirement.—
559 (1) The board shall issue a certificate to practice as a
560 certified nursing assistant to any person who demonstrates a
561 minimum competency to read and write and successfully passes the
562 required background screening pursuant to s. 400.215. If the
563 person has successfully passed the required background screening
564 pursuant to s. 400.215 or s. 408.809 within 90 days before
565 applying for a certificate to practice and the person’s
566 background screening results are not retained in the
567 clearinghouse created under s. 435.12, the board shall waive the
568 requirement that the applicant successfully pass an additional
569 background screening pursuant to s. 400.215. The person must
570 also meet one of the following requirements:
571 (c) Is currently certified in another state or territory of
572 the United States or in the District of Columbia; is listed on
573 that jurisdiction’s state’s certified nursing assistant
574 registry; and has not been found to have committed abuse,
575 neglect, or exploitation in that jurisdiction state.
576 Section 12. Paragraph (b) of subsection (1) of section
577 464.204, Florida Statutes, is amended to read:
578 464.204 Denial, suspension, or revocation of certification;
579 disciplinary actions.—
580 (1) The following acts constitute grounds for which the
581 board may impose disciplinary sanctions as specified in
582 subsection (2):
583 (b) Intentionally Violating any provision of this chapter,
584 chapter 456, or the rules adopted by the board.
585 Section 13. Subsections (3) and (4) of section 466.006,
586 Florida Statutes, are amended to read:
587 466.006 Examination of dentists.—
588 (3) If an applicant is a graduate of a dental college or
589 school not accredited in accordance with paragraph (2)(b) or of
590 a dental college or school not approved by the board, the
591 applicant is not entitled to take the examinations required in
592 this section to practice dentistry until she or he satisfies one
593 of the following:
594 (a) Completes a program of study, as defined by the board
595 by rule, at an accredited American dental school and
596 demonstrates receipt of a D.D.S. or D.M.D. from said school; or
597 (b) Submits proof of having successfully completed at least
598 2 consecutive academic years at a full-time supplemental general
599 dentistry program accredited by the American Dental Association
600 Commission on Dental Accreditation. This program must provide
601 didactic and clinical education at the level of a D.D.S. or
602 D.M.D. program accredited by the American Dental Association
603 Commission on Dental Accreditation. For purposes of this
604 paragraph, a supplemental general dentistry program does not
605 include an advanced education program in a dental specialty.
606 (4) Notwithstanding any other provision of law in chapter
607 456 pertaining to the clinical dental licensure examination or
608 national examinations, to be licensed as a dentist in this
609 state, an applicant must successfully complete both of the
610 following:
611 (a) A written examination on the laws and rules of the
612 state regulating the practice of dentistry.;
613 (b)1. A practical or clinical examination, which must shall
614 be the American Dental Licensing Examination produced by the
615 American Board of Dental Examiners, Inc., or its successor
616 entity, if any, that is administered in this state and graded by
617 dentists licensed in this state and employed by the department
618 for just such purpose, provided that the board has attained, and
619 continues to maintain thereafter, representation on the board of
620 directors of the American Board of Dental Examiners, the
621 examination development committee of the American Board of
622 Dental Examiners, and such other committees of the American
623 Board of Dental Examiners as the board deems appropriate by rule
624 to assure that the standards established herein are maintained
625 organizationally. A passing score on the American Dental
626 Licensing Examination administered in this state and graded by
627 dentists who are licensed in this state is valid for 365 days
628 after the date the official examination results are published.
629 1.2.a. As an alternative to such practical or clinical
630 examination the requirements of subparagraph 1., an applicant
631 may submit scores from an American Dental Licensing Examination
632 previously administered in a jurisdiction other than this state
633 after October 1, 2011, and such examination results shall be
634 recognized as valid for the purpose of licensure in this state.
635 A passing score on the American Dental Licensing Examination
636 administered out of state out-of-state shall be the same as the
637 passing score for the American Dental Licensing Examination
638 administered in this state and graded by dentists who are
639 licensed in this state. The examination results are valid for
640 365 days after the date the official examination results are
641 published. The applicant must have completed the examination
642 after October 1, 2011.
643 b. This subparagraph may not be given retroactive
644 application.
645 2.3. If the date of an applicant’s passing American Dental
646 Licensing Examination scores from an examination previously
647 administered in a jurisdiction other than this state under
648 subparagraph 1. subparagraph 2. is older than 365 days, then
649 such scores are shall nevertheless be recognized as valid for
650 the purpose of licensure in this state, but only if the
651 applicant demonstrates that all of the following additional
652 standards have been met:
653 a.(I) The applicant completed the American Dental Licensing
654 Examination after October 1, 2011.
655 (II) This sub-subparagraph may not be given retroactive
656 application;
657 b. The applicant graduated from a dental school accredited
658 by the American Dental Association Commission on Dental
659 Accreditation or its successor entity, if any, or any other
660 dental accrediting organization recognized by the United States
661 Department of Education. Provided, however, if the applicant did
662 not graduate from such a dental school, the applicant may submit
663 proof of having successfully completed a full-time supplemental
664 general dentistry program accredited by the American Dental
665 Association Commission on Dental Accreditation of at least 2
666 consecutive academic years at such accredited sponsoring
667 institution. Such program must provide didactic and clinical
668 education at the level of a D.D.S. or D.M.D. program accredited
669 by the American Dental Association Commission on Dental
670 Accreditation. For purposes of this paragraph, a supplemental
671 general dentistry program does not include an advanced education
672 program in a dental specialty;
673 c. The applicant currently possesses a valid and active
674 dental license in good standing, with no restriction, which has
675 never been revoked, suspended, restricted, or otherwise
676 disciplined, from another state or territory of the United
677 States, the District of Columbia, or the Commonwealth of Puerto
678 Rico;
679 d. The applicant submits proof that he or she has never
680 been reported to the National Practitioner Data Bank, the
681 Healthcare Integrity and Protection Data Bank, or the American
682 Association of Dental Boards Clearinghouse. This sub
683 subparagraph does not apply if the applicant successfully
684 appealed to have his or her name removed from the data banks of
685 these agencies;
686 e.(I)(A) In the 5 years immediately preceding the date of
687 application for licensure in this state, The applicant submits
688 must submit proof of having been consecutively engaged in the
689 full-time practice of dentistry in another state or territory of
690 the United States, the District of Columbia, or the Commonwealth
691 of Puerto Rico in the 5 years immediately preceding the date of
692 application for licensure in this state;, or,
693 (B) If the applicant has been licensed in another state or
694 territory of the United States, the District of Columbia, or the
695 Commonwealth of Puerto Rico for less than 5 years, the applicant
696 submits must submit proof of having been engaged in the full
697 time practice of dentistry since the date of his or her initial
698 licensure.
699 (II) As used in this section, “full-time practice” is
700 defined as a minimum of 1,200 hours per year for each and every
701 year in the consecutive 5-year period or, when where applicable,
702 the period since initial licensure, and must include any
703 combination of the following:
704 (A) Active clinical practice of dentistry providing direct
705 patient care.
706 (B) Full-time practice as a faculty member employed by a
707 dental or dental hygiene school approved by the board or
708 accredited by the American Dental Association Commission on
709 Dental Accreditation.
710 (C) Full-time practice as a student at a postgraduate
711 dental education program approved by the board or accredited by
712 the American Dental Association Commission on Dental
713 Accreditation.
714 (III) The board shall develop rules to determine what type
715 of proof of full-time practice is required and to recoup the
716 cost to the board of verifying full-time practice under this
717 section. Such proof must, at a minimum, be:
718 (A) Admissible as evidence in an administrative proceeding;
719 (B) Submitted in writing;
720 (C) Submitted by the applicant under oath with penalties of
721 perjury attached;
722 (D) Further documented by an affidavit of someone unrelated
723 to the applicant who is familiar with the applicant’s practice
724 and testifies with particularity that the applicant has been
725 engaged in full-time practice; and
726 (E) Specifically found by the board to be both credible and
727 admissible.
728 (IV) An affidavit of only the applicant is not acceptable
729 proof of full-time practice unless it is further attested to by
730 someone unrelated to the applicant who has personal knowledge of
731 the applicant’s practice. If the board deems it necessary to
732 assess credibility or accuracy, the board may require the
733 applicant or the applicant’s witnesses to appear before the
734 board and give oral testimony under oath;
735 f. The applicant submits must submit documentation that he
736 or she has completed, or will complete before he or she is
737 licensed, prior to licensure in this state, continuing education
738 equivalent to this state’s requirements for the last full
739 reporting biennium;
740 g. The applicant proves must prove that he or she has never
741 been convicted of, or pled nolo contendere to, regardless of
742 adjudication, any felony or misdemeanor related to the practice
743 of a health care profession in any jurisdiction;
744 h. The applicant has must successfully passed pass a
745 written examination on the laws and rules of this state
746 regulating the practice of dentistry and must successfully pass
747 the computer-based diagnostic skills examination; and
748 i. The applicant submits must submit documentation that he
749 or she has successfully completed the applicable examination
750 administered by the Joint Commission on National Dental
751 Examinations or its successor organization National Board of
752 Dental Examiners dental examination.
753 Section 14. Notwithstanding the January 1, 2020, repeal of
754 section 466.0067, Florida Statutes, that section is revived,
755 reenacted, and amended, to read:
756 466.0067 Application for health access dental license.—The
757 Legislature finds that there is an important state interest in
758 attracting dentists to practice in underserved health access
759 settings in this state and further, that allowing out-of-state
760 dentists who meet certain criteria to practice in health access
761 settings without the supervision of a dentist licensed in this
762 state is substantially related to achieving this important state
763 interest. Therefore, notwithstanding the requirements of s.
764 466.006, the board shall grant a health access dental license to
765 practice dentistry in this state in health access settings as
766 defined in s. 466.003 to an applicant who that:
767 (1) Files an appropriate application approved by the board;
768 (2) Pays an application license fee for a health access
769 dental license, laws-and-rule exam fee, and an initial licensure
770 fee. The fees specified in this subsection may not differ from
771 an applicant seeking licensure pursuant to s. 466.006;
772 (3) Has not been convicted of or pled nolo contendere to,
773 regardless of adjudication, any felony or misdemeanor related to
774 the practice of a health care profession;
775 (4) Submits proof of graduation from a dental school
776 accredited by the Commission on Dental Accreditation of the
777 American Dental Association or its successor agency;
778 (5) Submits documentation that she or he has completed, or
779 will obtain before prior to licensure, continuing education
780 equivalent to this state’s requirement for dentists licensed
781 under s. 466.006 for the last full reporting biennium before
782 applying for a health access dental license;
783 (6) Submits proof of her or his successful completion of
784 parts I and II of the dental examination by the National Board
785 of Dental Examiners and a state or regional clinical dental
786 licensing examination that the board has determined effectively
787 measures the applicant’s ability to practice safely;
788 (7) Currently holds a valid, active, dental license in good
789 standing which has not been revoked, suspended, restricted, or
790 otherwise disciplined from another of the United States, the
791 District of Columbia, or a United States territory;
792 (8) Has never had a license revoked from another of the
793 United States, the District of Columbia, or a United States
794 territory;
795 (9) Has never failed the examination specified in s.
796 466.006, unless the applicant was reexamined pursuant to s.
797 466.006 and received a license to practice dentistry in this
798 state;
799 (10) Has not been reported to the National Practitioner
800 Data Bank, unless the applicant successfully appealed to have
801 his or her name removed from the data bank;
802 (11) Submits proof that he or she has been engaged in the
803 active, clinical practice of dentistry providing direct patient
804 care for 5 years immediately preceding the date of application,
805 or in instances when the applicant has graduated from an
806 accredited dental school within the preceding 5 years, submits
807 proof of continuous clinical practice providing direct patient
808 care since graduation; and
809 (12) Has passed an examination covering the laws and rules
810 of the practice of dentistry in this state as described in s.
811 466.006(4)(a).
812 Section 15. Notwithstanding the January 1, 2020, repeal of
813 section 466.00671, Florida Statutes, that section is revived,
814 reenacted, and amended to read:
815 466.00671 Renewal of the health access dental license.—
816 (1) A health access dental licensee shall apply for renewal
817 each biennium. At the time of renewal, the licensee shall sign a
818 statement that she or he has complied with all continuing
819 education requirements of an active dentist licensee. The board
820 shall renew a health access dental license for an applicant who
821 that:
822 (a) Submits documentation, as approved by the board, from
823 the employer in the health access setting that the licensee has
824 at all times pertinent remained an employee;
825 (b) Has not been convicted of or pled nolo contendere to,
826 regardless of adjudication, any felony or misdemeanor related to
827 the practice of a health care profession;
828 (c) Has paid a renewal fee set by the board. The fee
829 specified herein may not differ from the renewal fee adopted by
830 the board pursuant to s. 466.013. The department may provide
831 payment for these fees through the dentist’s salary, benefits,
832 or other department funds;
833 (d) Has not failed the examination specified in s. 466.006
834 since initially receiving a health access dental license or
835 since the last renewal; and
836 (e) Has not been reported to the National Practitioner Data
837 Bank, unless the applicant successfully appealed to have his or
838 her name removed from the data bank.
839 (2) The board may undertake measures to independently
840 verify the health access dental licensee’s ongoing employment
841 status in the health access setting.
842 Section 16. Notwithstanding the January 1, 2020, repeal of
843 section 466.00672, Florida Statutes, that section is revived and
844 reenacted to read:
845 466.00672 Revocation of health access dental license.—
846 (1) The board shall revoke a health access dental license
847 upon:
848 (a) The licensee’s termination from employment from a
849 qualifying health access setting;
850 (b) Final agency action determining that the licensee has
851 violated any provision of s. 466.027 or s. 466.028, other than
852 infractions constituting citation offenses or minor violations;
853 or
854 (c) Failure of the Florida dental licensure examination.
855 (2) Failure of an individual licensed pursuant to s.
856 466.0067 to limit the practice of dentistry to health access
857 settings as defined in s. 466.003 constitutes the unlicensed
858 practice of dentistry.
859 Section 17. Paragraph (b) of subsection (4) and paragraph
860 (a) of subsection (6) of section 466.007, Florida Statutes, are
861 amended to read:
862 466.007 Examination of dental hygienists.—
863 (4) Effective July 1, 2012, to be licensed as a dental
864 hygienist in this state, an applicant must successfully complete
865 the following:
866 (b) A practical or clinical examination approved by the
867 board. The examination shall be the Dental Hygiene Examination
868 produced by the American Board of Dental Examiners, Inc. (ADEX)
869 or its successor entity, if any, if the board finds that the
870 successor entity’s clinical examination meets or exceeds the
871 provisions of this section. The board shall approve the ADEX
872 Dental Hygiene Examination if the board has attained and
873 continues to maintain representation on the ADEX House of
874 Representatives, the ADEX Dental Hygiene Examination Development
875 Committee, and such other ADEX Dental Hygiene committees as the
876 board deems appropriate through rulemaking to ensure that the
877 standards established in this section are maintained
878 organizationally. The ADEX Dental Hygiene Examination or the
879 examination produced by its successor entity is a comprehensive
880 examination in which an applicant must demonstrate skills within
881 the dental hygiene scope of practice on a live patient and any
882 other components that the board deems necessary for the
883 applicant to successfully demonstrate competency for the purpose
884 of licensure. The ADEX Dental Hygiene Examination or the
885 examination by the successor entity administered in this state
886 shall be graded by dentists and dental hygienists licensed in
887 this state who are employed by the department for this purpose.
888 (6)(a) A passing score on the ADEX Dental Hygiene
889 Examination administered out of state must shall be considered
890 the same as a passing score for the ADEX Dental Hygiene
891 Examination administered in this state and graded by licensed
892 dentists and dental hygienists.
893 Section 18. Subsections (9) through (15) are added to
894 section 466.017, Florida Statutes, to read:
895 466.017 Prescription of drugs; anesthesia.—
896 (9) Any adverse incident that occurs in an office
897 maintained by a dentist must be reported to the department. The
898 required notification to the department must be submitted in
899 writing by certified mail and postmarked within 48 hours after
900 the incident occurs.
901 (10) A dentist practicing in this state must notify the
902 board in writing by certified mail within 48 hours after any
903 adverse incident that occurs in the dentist’s outpatient
904 facility. A complete written report must be filed with the board
905 within 30 days after the incident occurs.
906 (11) Any certified registered dental hygienist
907 administering local anesthesia must notify the board in writing
908 by registered mail within 48 hours after any adverse incident
909 that was related to or the result of the administration of local
910 anesthesia. A complete written report must be filed with the
911 board within 30 days after the mortality or other adverse
912 incident.
913 (12) A failure by the dentist or dental hygienist to timely
914 and completely comply with all the reporting requirements in
915 this section is the basis for disciplinary action by the board
916 pursuant to s. 466.028(1).
917 (13) The department shall review each adverse incident and
918 determine whether it involved conduct by a health care
919 professional subject to disciplinary action, in which case s.
920 456.073 applies. Disciplinary action, if any, shall be taken by
921 the board under which the health care professional is licensed.
922 (14) As used in subsections (9)-(13), the term “adverse
923 incident” means any mortality that occurs during or as the
924 result of a dental procedure, or an incident that results in a
925 temporary or permanent physical or mental injury that requires
926 hospitalization or emergency room treatment of a dental patient
927 which occurs during or as a direct result of the use of general
928 anesthesia, deep sedation, moderate sedation, pediatric moderate
929 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
930 oxide, or local anesthesia.
931 (15) The board may adopt rules to administer this section.
932 Section 19. Section 466.031, Florida Statutes, is amended
933 to read:
934 466.031 “Dental laboratories laboratory” defined.—
935 (1) As used in this chapter, the term “dental laboratory”
936 as used in this chapter:
937 (1) includes any person, firm, or corporation that who
938 performs for a fee of any kind, gratuitously, or otherwise,
939 directly or through an agent or an employee, by any means or
940 method, or who in any way supplies or manufactures artificial
941 substitutes for the natural teeth;, or who furnishes, supplies,
942 constructs, or reproduces or repairs any prosthetic denture,
943 bridge, or appliance to be worn in the human mouth; or who in
944 any way represents holds itself out as a dental laboratory.
945 (2) The term does not include a Excludes any dental
946 laboratory technician who constructs or repairs dental
947 prosthetic appliances in the office of a licensed dentist
948 exclusively for that such dentist only and under her or his
949 supervision and work order.
950 (2) An employee or independent contractor of a dental
951 laboratory, acting as an agent of that dental laboratory, may
952 engage in onsite consultation with a licensed dentist during a
953 dental procedure.
954 Section 20. Section 466.036, Florida Statutes, is amended
955 to read:
956 466.036 Information; periodic inspections; equipment and
957 supplies.—The department may require from the applicant for a
958 registration certificate to operate a dental laboratory any
959 information necessary to carry out the purpose of this chapter,
960 including proof that the applicant has the equipment and
961 supplies necessary to operate as determined by rule of the
962 department, and shall require periodic inspection of all dental
963 laboratories operating in this state at least once each biennial
964 registration period. Such inspections must shall include, but
965 need not be limited to, inspection of sanitary conditions,
966 equipment, supplies, and facilities on the premises. The
967 department shall specify dental equipment and supplies that are
968 not allowed permitted in a registered dental laboratory.
969 Section 21. Subsection (1) of section 468.701, Florida
970 Statutes, is amended to read:
971 468.701 Definitions.—As used in this part, the term:
972 (1) “Athletic trainer” means a person licensed under this
973 part who has met the requirements of under this part, including
974 the education requirements established as set forth by the
975 Commission on Accreditation of Athletic Training Education or
976 its successor organization and necessary credentials from the
977 Board of Certification. An individual who is licensed as an
978 athletic trainer may not provide, offer to provide, or represent
979 that he or she is qualified to provide any care or services that
980 he or she lacks the education, training, or experience to
981 provide, or that he or she is otherwise prohibited by law from
982 providing.
983 Section 22. Section 468.707, Florida Statutes, is amended
984 to read:
985 468.707 Licensure requirements.—Any person desiring to be
986 licensed as an athletic trainer shall apply to the department on
987 a form approved by the department. An applicant shall also
988 provide records or other evidence, as determined by the board,
989 to prove he or she has met the requirements of this section. The
990 department shall license each applicant who:
991 (1) Has completed the application form and remitted the
992 required fees.
993 (2) For a person who applies on or after July 1, 2016, Has
994 submitted to background screening pursuant to s. 456.0135. The
995 board may require a background screening for an applicant whose
996 license has expired or who is undergoing disciplinary action.
997 (3)(a) Has obtained, at a minimum, a bachelor’s
998 baccalaureate or higher degree from a college or university
999 professional athletic training degree program accredited by the
1000 Commission on Accreditation of Athletic Training Education or
1001 its successor organization recognized and approved by the United
1002 States Department of Education or the Commission on Recognition
1003 of Postsecondary Accreditation, approved by the board, or
1004 recognized by the Board of Certification, and has passed the
1005 national examination to be certified by the Board of
1006 Certification; or.
1007 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
1008 completed the Board of Certification internship requirements,
1009 and holds If graduated before 2004, has a current certification
1010 from the Board of Certification.
1011 (4)(5) Has current certification in both cardiopulmonary
1012 resuscitation and the use of an automated external defibrillator
1013 set forth in the continuing education requirements as determined
1014 by the board pursuant to s. 468.711.
1015 (5)(6) Has completed any other requirements as determined
1016 by the department and approved by the board.
1017 Section 23. Subsection (3) of section 468.711, Florida
1018 Statutes, is amended to read:
1019 468.711 Renewal of license; continuing education.—
1020 (3) If initially licensed after January 1, 1998, the
1021 licensee must be currently certified by the Board of
1022 Certification or its successor agency and maintain that
1023 certification in good standing without lapse.
1024 Section 24. Section 468.713, Florida Statutes, is amended
1025 to read:
1026 468.713 Responsibilities of athletic trainers.—
1027 (1) An athletic trainer shall practice under the direction
1028 of a physician licensed under chapter 458, chapter 459, chapter
1029 460, or otherwise authorized by Florida law to practice
1030 medicine. The physician shall communicate his or her direction
1031 through oral or written prescriptions or protocols as deemed
1032 appropriate by the physician for the provision of services and
1033 care by the athletic trainer. An athletic trainer shall provide
1034 service or care in the manner dictated by the physician.
1035 (2) An athletic trainer shall work within his or her
1036 allowable scope of practice as specified in board rule under s.
1037 468.705. An athletic trainer may not provide, offer to provide,
1038 or represent that he or she is qualified to provide any care or
1039 services that he or she lacks the education, training, or
1040 experience to provide or that he or she is otherwise prohibited
1041 by law from providing.
1042 Section 25. Subsection (2) of section 468.723, Florida
1043 Statutes, is amended to read:
1044 468.723 Exemptions.—This part does not prohibit prevent or
1045 restrict:
1046 (2) An athletic training student acting under the direct
1047 supervision of a licensed athletic trainer. For purposes of this
1048 subsection, “direct supervision” means the physical presence of
1049 an athletic trainer so that the athletic trainer is immediately
1050 available to the athletic training student and able to intervene
1051 on behalf of the athletic training student. The supervision must
1052 comply with board rule in accordance with the standards set
1053 forth by the Commission on Accreditation of Athletic Training
1054 Education or its successor.
1055 Section 26. Subsections (1), (3), and (4) of section
1056 468.803, Florida Statutes, are amended to read:
1057 468.803 License, registration, and examination
1058 requirements.—
1059 (1) The department shall issue a license to practice
1060 orthotics, prosthetics, or pedorthics, or a registration for a
1061 resident to practice orthotics or prosthetics, to qualified
1062 applicants. Licenses to practice shall be granted independently
1063 in orthotics, prosthetics, or pedorthics must be granted
1064 independently, but a person may be licensed in more than one
1065 such discipline, and a prosthetist-orthotist license may be
1066 granted to persons meeting the requirements for licensure both
1067 as a prosthetist and as an orthotist license. Registrations to
1068 practice shall be granted independently in orthotics or
1069 prosthetics must be granted independently, and a person may be
1070 registered in both disciplines fields at the same time or
1071 jointly in orthotics and prosthetics as a dual registration.
1072 (3) A person seeking to attain the required orthotics or
1073 prosthetics experience required for licensure in this state must
1074 be approved by the board and registered as a resident by the
1075 department. Although a registration may be held in both
1076 disciplines practice fields, for independent registrations the
1077 board may shall not approve a second registration until at least
1078 1 year after the issuance of the first registration.
1079 Notwithstanding subsection (2), a person an applicant who has
1080 been approved by the board and registered by the department in
1081 one discipline practice field may apply for registration in the
1082 second discipline practice field without an additional state or
1083 national criminal history check during the period in which the
1084 first registration is valid. Each independent registration or
1085 dual registration is valid for 2 years after from the date of
1086 issuance unless otherwise revoked by the department upon
1087 recommendation of the board. The board shall set a registration
1088 fee not to exceed $500 to be paid by the applicant. A
1089 registration may be renewed once by the department upon
1090 recommendation of the board for a period no longer than 1 year,
1091 as such renewal is defined by the board by rule. The
1092 registration renewal fee may shall not exceed one-half the
1093 current registration fee. To be considered by the board for
1094 approval of registration as a resident, the applicant must have
1095 one of the following:
1096 (a) A Bachelor of Science or higher-level postgraduate
1097 degree in orthotics and prosthetics from a regionally accredited
1098 college or university recognized by the Commission on
1099 Accreditation of Allied Health Education Programs. or, at
1100 (b) A minimum of, a bachelor’s degree from a regionally
1101 accredited college or university and a certificate in orthotics
1102 or prosthetics from a program recognized by the Commission on
1103 Accreditation of Allied Health Education Programs, or its
1104 equivalent, as determined by the board.; or
1105 (c) A minimum of a bachelor’s degree from a regionally
1106 accredited college or university and a dual certificate in both
1107 orthotics and prosthetics from programs recognized by the
1108 Commission on Accreditation of Allied Health Education Programs,
1109 or its equivalent, as determined by the board.
1110 (b) A Bachelor of Science or higher-level postgraduate
1111 degree in Orthotics and Prosthetics from a regionally accredited
1112 college or university recognized by the Commission on
1113 Accreditation of Allied Health Education Programs or, at a
1114 minimum, a bachelor’s degree from a regionally accredited
1115 college or university and a certificate in prosthetics from a
1116 program recognized by the Commission on Accreditation of Allied
1117 Health Education Programs, or its equivalent, as determined by
1118 the board.
1119 (4) The department may develop and administer a state
1120 examination for an orthotist or a prosthetist license, or the
1121 board may approve the existing examination of a national
1122 standards organization. The examination must be predicated on a
1123 minimum of a baccalaureate-level education and formalized
1124 specialized training in the appropriate field. Each examination
1125 must demonstrate a minimum level of competence in basic
1126 scientific knowledge, written problem solving, and practical
1127 clinical patient management. The board shall require an
1128 examination fee not to exceed the actual cost to the board in
1129 developing, administering, and approving the examination, which
1130 fee must be paid by the applicant. To be considered by the board
1131 for examination, the applicant must have:
1132 (a) For an examination in orthotics:
1133 1. A Bachelor of Science or higher-level postgraduate
1134 degree in orthotics and prosthetics from a regionally accredited
1135 college or university recognized by the Commission on
1136 Accreditation of Allied Health Education Programs or, at a
1137 minimum, a bachelor’s degree from a regionally accredited
1138 college or university and a certificate in orthotics from a
1139 program recognized by the Commission on Accreditation of Allied
1140 Health Education Programs, or its equivalent, as determined by
1141 the board; and
1142 2. An approved orthotics internship of 1 year of qualified
1143 experience, as determined by the board, or an orthotic residency
1144 or dual residency program recognized by the board.
1145 (b) For an examination in prosthetics:
1146 1. A Bachelor of Science or higher-level postgraduate
1147 degree in orthotics and prosthetics from a regionally accredited
1148 college or university recognized by the Commission on
1149 Accreditation of Allied Health Education Programs or, at a
1150 minimum, a bachelor’s degree from a regionally accredited
1151 college or university and a certificate in prosthetics from a
1152 program recognized by the Commission on Accreditation of Allied
1153 Health Education Programs, or its equivalent, as determined by
1154 the board; and
1155 2. An approved prosthetics internship of 1 year of
1156 qualified experience, as determined by the board, or a
1157 prosthetic residency or dual residency program recognized by the
1158 board.
1159 Section 27. Subsection (5) of section 480.033, Florida
1160 Statutes, is amended to read:
1161 480.033 Definitions.—As used in this act:
1162 (5) “Apprentice” means a person approved by the board to
1163 study colonic irrigation massage under the instruction of a
1164 licensed massage therapist practicing colonic irrigation.
1165 Section 28. Subsections (1) and (2) of section 480.041,
1166 Florida Statutes, are amended, and subsection (8) is added to
1167 that section, to read:
1168 480.041 Massage therapists; qualifications; licensure;
1169 endorsement.—
1170 (1) Any person is qualified for licensure as a massage
1171 therapist under this act who:
1172 (a) Is at least 18 years of age or has received a high
1173 school diploma or high school equivalency diploma;
1174 (b) Has completed a course of study at a board-approved
1175 massage school or has completed an apprenticeship program that
1176 meets standards adopted by the board; and
1177 (c) Has received a passing grade on a national an
1178 examination designated administered by the board department.
1179 (2) Every person desiring to be examined for licensure as a
1180 massage therapist must shall apply to the department in writing
1181 upon forms prepared and furnished by the department. Such
1182 applicants are shall be subject to the provisions of s.
1183 480.046(1). Applicants may take an examination administered by
1184 the department only upon meeting the requirements of this
1185 section as determined by the board.
1186 (8) A person issued a license as a massage apprentice
1187 before July 1, 2020, may continue that apprenticeship and
1188 perform massage therapy as authorized under that license until
1189 it expires. Upon completion of the apprenticeship, which must
1190 occur before July 1, 2023, a massage apprentice may apply to the
1191 board for full licensure and be granted a license if all other
1192 applicable licensure requirements are met.
1193 Section 29. Section 480.042, Florida Statutes, is repealed.
1194 Section 30. Subsection (3) of section 490.003, Florida
1195 Statutes, is amended to read:
1196 490.003 Definitions.—As used in this chapter:
1197 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
1198 education” and “doctoral degree in psychology” mean a Psy.D., an
1199 Ed.D. in psychology, or a Ph.D. in psychology from:
1200 1. An educational institution which, at the time the
1201 applicant was enrolled and graduated, had institutional
1202 accreditation from an agency recognized and approved by the
1203 United States Department of Education or was recognized as a
1204 member in good standing with the Association of Universities and
1205 Colleges of Canada; and
1206 2. A psychology program within that educational institution
1207 which, at the time the applicant was enrolled and graduated, had
1208 programmatic accreditation from an accrediting agency recognized
1209 and approved by the United States Department of Education or was
1210 comparable to such programs.
1211 (b) Effective July 1, 1999, “doctoral-level psychological
1212 education” and “doctoral degree in psychology” mean a Psy.D., an
1213 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1214 program at:
1215 1. an educational institution that which, at the time the
1216 applicant was enrolled and graduated:
1217 (a) , Had institutional accreditation from an agency
1218 recognized and approved by the United States Department of
1219 Education or was recognized as a member in good standing with
1220 the Association of Universities and Colleges of Canada; and
1221 (b)2. A psychology program within that educational
1222 institution which, at the time the applicant was enrolled and
1223 graduated, Had programmatic accreditation from the American
1224 Psychological Association an agency recognized and approved by
1225 the United States Department of Education.
1226 Section 31. Paragraph (b) of subsection (1) and paragraph
1227 (b) of subsection (2) of section 490.005, Florida Statutes, are
1228 amended to read:
1229 490.005 Licensure by examination.—
1230 (1) Any person desiring to be licensed as a psychologist
1231 shall apply to the department to take the licensure examination.
1232 The department shall license each applicant who the board
1233 certifies has:
1234 (b) Submitted proof satisfactory to the board that the
1235 applicant has received:
1236 1. Received Doctoral-level psychological education, as
1237 defined in s. 490.003(3); or
1238 2. Received The equivalent of a doctoral-level
1239 psychological education, as defined in s. 490.003(3), from a
1240 program at a school or university located outside the United
1241 States of America and Canada, which was officially recognized by
1242 the government of the country in which it is located as an
1243 institution or program to train students to practice
1244 professional psychology. The applicant has the burden of
1245 establishing that this requirement has the requirements of this
1246 provision have been met shall be upon the applicant;
1247 3. Received and submitted to the board, prior to July 1,
1248 1999, certification of an augmented doctoral-level psychological
1249 education from the program director of a doctoral-level
1250 psychology program accredited by a programmatic agency
1251 recognized and approved by the United States Department of
1252 Education; or
1253 4. Received and submitted to the board, prior to August 31,
1254 2001, certification of a doctoral-level program that at the time
1255 the applicant was enrolled and graduated maintained a standard
1256 of education and training comparable to the standard of training
1257 of programs accredited by a programmatic agency recognized and
1258 approved by the United States Department of Education. Such
1259 certification of comparability shall be provided by the program
1260 director of a doctoral-level psychology program accredited by a
1261 programmatic agency recognized and approved by the United States
1262 Department of Education.
1263 (2) Any person desiring to be licensed as a school
1264 psychologist shall apply to the department to take the licensure
1265 examination. The department shall license each applicant who the
1266 department certifies has:
1267 (b) Submitted satisfactory proof to the department that the
1268 applicant:
1269 1. Has received a doctorate, specialist, or equivalent
1270 degree from a program primarily psychological in nature and has
1271 completed 60 semester hours or 90 quarter hours of graduate
1272 study, in areas related to school psychology as defined by rule
1273 of the department, from a college or university which at the
1274 time the applicant was enrolled and graduated was accredited by
1275 an accrediting agency recognized and approved by the Council for
1276 Higher Education Accreditation or its successor organization
1277 Commission on Recognition of Postsecondary Accreditation or from
1278 an institution that which is publicly recognized as a member in
1279 good standing with the Association of Universities and Colleges
1280 of Canada.
1281 2. Has had a minimum of 3 years of experience in school
1282 psychology, 2 years of which must be supervised by an individual
1283 who is a licensed school psychologist or who has otherwise
1284 qualified as a school psychologist supervisor, by education and
1285 experience, as set forth by rule of the department. A doctoral
1286 internship may be applied toward the supervision requirement.
1287 3. Has passed an examination provided by the department.
1288 Section 32. Subsection (1) of section 490.006, Florida
1289 Statutes, is amended to read:
1290 490.006 Licensure by endorsement.—
1291 (1) The department shall license a person as a psychologist
1292 or school psychologist who, upon applying to the department and
1293 remitting the appropriate fee, demonstrates to the department
1294 or, in the case of psychologists, to the board that the
1295 applicant:
1296 (a) Holds a valid license or certificate in another state
1297 to practice psychology or school psychology, as applicable,
1298 provided that, when the applicant secured such license or
1299 certificate, the requirements were substantially equivalent to
1300 or more stringent than those set forth in this chapter at that
1301 time; and, if no Florida law existed at that time, then the
1302 requirements in the other state must have been substantially
1303 equivalent to or more stringent than those set forth in this
1304 chapter at the present time;
1305 (a)(b) Is a diplomate in good standing with the American
1306 Board of Professional Psychology, Inc.; or
1307 (b)(c) Possesses a doctoral degree in psychology as
1308 described in s. 490.003 and has at least 10 20 years of
1309 experience as a licensed psychologist in any jurisdiction or
1310 territory of the United States within the 25 years preceding the
1311 date of application.
1312 Section 33. Subsection (6) of section 491.0045, Florida
1313 Statutes, as amended by chapter 2016-80 and chapter 2016-241,
1314 Laws of Florida, is amended to read:
1315 491.0045 Intern registration; requirements.—
1316 (6) A registration issued on or before March 31, 2017,
1317 expires March 31, 2022, and may not be renewed or reissued. Any
1318 registration issued after March 31, 2017, expires 60 months
1319 after the date it is issued. The board may make a one-time
1320 exception from the requirements of this subsection in emergency
1321 or hardship cases, as defined by board rule, if A subsequent
1322 intern registration may not be issued unless the candidate has
1323 passed the theory and practice examination described in s.
1324 491.005(1)(d), (3)(d), and (4)(d).
1325 Section 34. Subsections (3) and (4) of section 491.005,
1326 Florida Statutes, are amended to read:
1327 491.005 Licensure by examination.—
1328 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1329 documentation and payment of a fee not to exceed $200, as set by
1330 board rule, plus the actual cost of to the department for the
1331 purchase of the examination from the Association of Marital and
1332 Family Therapy Regulatory Board, or similar national
1333 organization, the department shall issue a license as a marriage
1334 and family therapist to an applicant who the board certifies:
1335 (a) Has submitted an application and paid the appropriate
1336 fee.
1337 (b)1. Has a minimum of a master’s degree with major
1338 emphasis in marriage and family therapy, or a closely related
1339 field from a program accredited by the Commission on
1340 Accreditation for Marriage and Family Therapy Education or from
1341 a Florida university program accredited by the Council for
1342 Accreditation of Counseling and Related Educational Programs,
1343 and graduate courses approved by the Board of Clinical Social
1344 Work, Marriage and Family Therapy, and Mental Health Counseling
1345 has completed all of the following requirements:
1346 a. Thirty-six semester hours or 48 quarter hours of
1347 graduate coursework, which must include a minimum of 3 semester
1348 hours or 4 quarter hours of graduate-level course credits in
1349 each of the following nine areas: dynamics of marriage and
1350 family systems; marriage therapy and counseling theory and
1351 techniques; family therapy and counseling theory and techniques;
1352 individual human development theories throughout the life cycle;
1353 personality theory or general counseling theory and techniques;
1354 psychopathology; human sexuality theory and counseling
1355 techniques; psychosocial theory; and substance abuse theory and
1356 counseling techniques. Courses in research, evaluation,
1357 appraisal, assessment, or testing theories and procedures;
1358 thesis or dissertation work; or practicums, internships, or
1359 fieldwork may not be applied toward this requirement.
1360 b. A minimum of one graduate-level course of 3 semester
1361 hours or 4 quarter hours in legal, ethical, and professional
1362 standards issues in the practice of marriage and family therapy
1363 or a course determined by the board to be equivalent.
1364 c. A minimum of one graduate-level course of 3 semester
1365 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1366 and testing for individual or interpersonal disorder or
1367 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1368 hour graduate-level course in behavioral research which focuses
1369 on the interpretation and application of research data as it
1370 applies to clinical practice. Credit for thesis or dissertation
1371 work, practicums, internships, or fieldwork may not be applied
1372 toward this requirement.
1373 d. A minimum of one supervised clinical practicum,
1374 internship, or field experience in a marriage and family
1375 counseling setting, during which the student provided 180 direct
1376 client contact hours of marriage and family therapy services
1377 under the supervision of an individual who met the requirements
1378 for supervision under paragraph (c). This requirement may be met
1379 by a supervised practice experience which took place outside the
1380 academic arena, but which is certified as equivalent to a
1381 graduate-level practicum or internship program which required a
1382 minimum of 180 direct client contact hours of marriage and
1383 family therapy services currently offered within an academic
1384 program of a college or university accredited by an accrediting
1385 agency approved by the United States Department of Education, or
1386 an institution which is publicly recognized as a member in good
1387 standing with the Association of Universities and Colleges of
1388 Canada or a training institution accredited by the Commission on
1389 Accreditation for Marriage and Family Therapy Education
1390 recognized by the United States Department of Education.
1391 Certification shall be required from an official of such
1392 college, university, or training institution.
1393 2. If the course title that which appears on the
1394 applicant’s transcript does not clearly identify the content of
1395 the coursework, the applicant shall be required to provide
1396 additional documentation, including, but not limited to, a
1397 syllabus or catalog description published for the course.
1398
1399 The required master’s degree must have been received in an
1400 institution of higher education that, which at the time the
1401 applicant graduated, was: fully accredited by a regional
1402 accrediting body recognized by the Commission on Recognition of
1403 Postsecondary Accreditation or; publicly recognized as a member
1404 in good standing with the Association of Universities and
1405 Colleges of Canada,; or an institution of higher education
1406 located outside the United States and Canada, which, at the time
1407 the applicant was enrolled and at the time the applicant
1408 graduated, maintained a standard of training substantially
1409 equivalent to the standards of training of those institutions in
1410 the United States which are accredited by a regional accrediting
1411 body recognized by the Commission on Recognition of
1412 Postsecondary Accreditation. Such foreign education and training
1413 must have been received in an institution or program of higher
1414 education officially recognized by the government of the country
1415 in which it is located as an institution or program to train
1416 students to practice as professional marriage and family
1417 therapists or psychotherapists. The applicant has the burden of
1418 establishing that the requirements of this provision have been
1419 met shall be upon the applicant, and the board shall require
1420 documentation, such as, but not limited to, an evaluation by a
1421 foreign equivalency determination service, as evidence that the
1422 applicant’s graduate degree program and education were
1423 equivalent to an accredited program in this country. An
1424 applicant with a master’s degree from a program that which did
1425 not emphasize marriage and family therapy may complete the
1426 coursework requirement in a training institution fully
1427 accredited by the Commission on Accreditation for Marriage and
1428 Family Therapy Education recognized by the United States
1429 Department of Education.
1430 (c) Has had at least 2 years of clinical experience during
1431 which 50 percent of the applicant’s clients were receiving
1432 marriage and family therapy services, which must be at the post
1433 master’s level under the supervision of a licensed marriage and
1434 family therapist with at least 5 years of experience, or the
1435 equivalent, who is a qualified supervisor as determined by the
1436 board. An individual who intends to practice in Florida to
1437 satisfy the clinical experience requirements must register
1438 pursuant to s. 491.0045 before commencing practice. If a
1439 graduate has a master’s degree with a major emphasis in marriage
1440 and family therapy or a closely related field which that did not
1441 include all of the coursework required by subparagraph (b)1.
1442 under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
1443 level clinical experience may shall not commence until the
1444 applicant has completed a minimum of 10 of the courses required
1445 by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
1446 determined by the board, and at least 6 semester hours or 9
1447 quarter hours of the course credits must have been completed in
1448 the area of marriage and family systems, theories, or
1449 techniques. Within the 2 3 years of required experience, the
1450 applicant shall provide direct individual, group, or family
1451 therapy and counseling, to include the following categories of
1452 cases including those involving: unmarried dyads, married
1453 couples, separating and divorcing couples, and family groups
1454 that include including children. A doctoral internship may be
1455 applied toward the clinical experience requirement. A licensed
1456 mental health professional must be on the premises when clinical
1457 services are provided by a registered intern in a private
1458 practice setting.
1459 (d) Has passed a theory and practice examination provided
1460 by the department for this purpose.
1461 (e) Has demonstrated, in a manner designated by board rule
1462 of the board, knowledge of the laws and rules governing the
1463 practice of clinical social work, marriage and family therapy,
1464 and mental health counseling.
1465 (f)
1466
1467 For the purposes of dual licensure, the department shall license
1468 as a marriage and family therapist any person who meets the
1469 requirements of s. 491.0057. Fees for dual licensure may shall
1470 not exceed those stated in this subsection.
1471 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1472 documentation and payment of a fee not to exceed $200, as set by
1473 board rule, plus the actual per applicant cost of to the
1474 department for purchase of the examination from the National
1475 Board for Certified Counselors or its successor Professional
1476 Examination Service for the National Academy of Certified
1477 Clinical Mental Health Counselors or a similar national
1478 organization, the department shall issue a license as a mental
1479 health counselor to an applicant who the board certifies:
1480 (a) Has submitted an application and paid the appropriate
1481 fee.
1482 (b)1. Has a minimum of an earned master’s degree from a
1483 mental health counseling program accredited by the Council for
1484 the Accreditation of Counseling and Related Educational Programs
1485 which that consists of at least 60 semester hours or 80 quarter
1486 hours of clinical and didactic instruction, including a course
1487 in human sexuality and a course in substance abuse. If the
1488 master’s degree is earned from a program related to the practice
1489 of mental health counseling which that is not accredited by the
1490 Council for the Accreditation of Counseling and Related
1491 Educational Programs, then the coursework and practicum,
1492 internship, or fieldwork must consist of at least 60 semester
1493 hours or 80 quarter hours and meet all of the following
1494 requirements:
1495 a. Thirty-three semester hours or 44 quarter hours of
1496 graduate coursework, which must include a minimum of 3 semester
1497 hours or 4 quarter hours of graduate-level coursework in each of
1498 the following 11 content areas: counseling theories and
1499 practice; human growth and development; diagnosis and treatment
1500 of psychopathology; human sexuality; group theories and
1501 practice; individual evaluation and assessment; career and
1502 lifestyle assessment; research and program evaluation; social
1503 and cultural foundations; substance abuse; and legal, ethical,
1504 and professional standards issues in the practice of mental
1505 health counseling in community settings; and substance abuse.
1506 Courses in research, thesis or dissertation work, practicums,
1507 internships, or fieldwork may not be applied toward this
1508 requirement.
1509 b. A minimum of 3 semester hours or 4 quarter hours of
1510 graduate-level coursework addressing diagnostic processes,
1511 including differential diagnosis and the use of the current
1512 diagnostic tools, such as the current edition of the American
1513 Psychiatric Association’s Diagnostic and Statistical Manual of
1514 Mental Disorders. The graduate program must have emphasized the
1515 common core curricular experience in legal, ethical, and
1516 professional standards issues in the practice of mental health
1517 counseling, which includes goals, objectives, and practices of
1518 professional counseling organizations, codes of ethics, legal
1519 considerations, standards of preparation, certifications and
1520 licensing, and the role identity and professional obligations of
1521 mental health counselors. Courses in research, thesis or
1522 dissertation work, practicums, internships, or fieldwork may not
1523 be applied toward this requirement.
1524 c. The equivalent, as determined by the board, of at least
1525 700 1,000 hours of university-sponsored supervised clinical
1526 practicum, internship, or field experience that includes at
1527 least 280 hours of direct client services, as required in the
1528 accrediting standards of the Council for Accreditation of
1529 Counseling and Related Educational Programs for mental health
1530 counseling programs. This experience may not be used to satisfy
1531 the post-master’s clinical experience requirement.
1532 2. Has provided additional documentation if a the course
1533 title that which appears on the applicant’s transcript does not
1534 clearly identify the content of the coursework., The applicant
1535 shall be required to provide additional documentation must
1536 include, including, but is not limited to, a syllabus or catalog
1537 description published for the course.
1538
1539 Education and training in mental health counseling must have
1540 been received in an institution of higher education that, which
1541 at the time the applicant graduated, was: fully accredited by a
1542 regional accrediting body recognized by the Council for Higher
1543 Education Accreditation or its successor organization or
1544 Commission on Recognition of Postsecondary Accreditation;
1545 publicly recognized as a member in good standing with the
1546 Association of Universities and Colleges of Canada,; or an
1547 institution of higher education located outside the United
1548 States and Canada, which, at the time the applicant was enrolled
1549 and at the time the applicant graduated, maintained a standard
1550 of training substantially equivalent to the standards of
1551 training of those institutions in the United States which are
1552 accredited by a regional accrediting body recognized by the
1553 Council for Higher Education Accreditation or its successor
1554 organization Commission on Recognition of Postsecondary
1555 Accreditation. Such foreign education and training must have
1556 been received in an institution or program of higher education
1557 officially recognized by the government of the country in which
1558 it is located as an institution or program to train students to
1559 practice as mental health counselors. The applicant has the
1560 burden of establishing that the requirements of this provision
1561 have been met shall be upon the applicant, and the board shall
1562 require documentation, such as, but not limited to, an
1563 evaluation by a foreign equivalency determination service, as
1564 evidence that the applicant’s graduate degree program and
1565 education were equivalent to an accredited program in this
1566 country. Beginning July 1, 2025, an applicant must have a
1567 master’s degree from a program that is accredited by the Council
1568 for Accreditation of Counseling and Related Educational Programs
1569 which consists of at least 60 semester hours or 80 quarter hours
1570 to apply for licensure under this paragraph.
1571 (c) Has had at least 2 years of clinical experience in
1572 mental health counseling, which must be at the post-master’s
1573 level under the supervision of a licensed mental health
1574 counselor or the equivalent who is a qualified supervisor as
1575 determined by the board. An individual who intends to practice
1576 in Florida to satisfy the clinical experience requirements must
1577 register pursuant to s. 491.0045 before commencing practice. If
1578 a graduate has a master’s degree with a major related to the
1579 practice of mental health counseling which that did not include
1580 all the coursework required under sub-subparagraphs (b)1.a. and
1581 b. (b)1.a.-b., credit for the post-master’s level clinical
1582 experience may shall not commence until the applicant has
1583 completed a minimum of seven of the courses required under sub
1584 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1585 board, one of which must be a course in psychopathology or
1586 abnormal psychology. A doctoral internship may be applied toward
1587 the clinical experience requirement. A licensed mental health
1588 professional must be on the premises when clinical services are
1589 provided by a registered intern in a private practice setting.
1590 (d) Has passed a theory and practice examination provided
1591 by the department for this purpose.
1592 (e) Has demonstrated, in a manner designated by board rule
1593 of the board, knowledge of the laws and rules governing the
1594 practice of clinical social work, marriage and family therapy,
1595 and mental health counseling.
1596 Section 35. Paragraph (b) of subsection (1) of section
1597 491.006, Florida Statutes, is amended to read:
1598 491.006 Licensure or certification by endorsement.—
1599 (1) The department shall license or grant a certificate to
1600 a person in a profession regulated by this chapter who, upon
1601 applying to the department and remitting the appropriate fee,
1602 demonstrates to the board that he or she:
1603 (b)1. Holds an active valid license to practice and has
1604 actively practiced the licensed profession for which licensure
1605 is applied in another state for 3 of the last 5 years
1606 immediately preceding licensure;.
1607 2. Meets the education requirements of this chapter for the
1608 profession for which licensure is applied.
1609 2.3. Has passed a substantially equivalent licensing
1610 examination in another state or has passed the licensure
1611 examination in this state in the profession for which the
1612 applicant seeks licensure; and.
1613 3.4. Holds a license in good standing, is not under
1614 investigation for an act that would constitute a violation of
1615 this chapter, and has not been found to have committed any act
1616 that would constitute a violation of this chapter.
1617
1618 The fees paid by any applicant for certification as a master
1619 social worker under this section are nonrefundable.
1620 Section 36. Subsection (3) of section 491.007, Florida
1621 Statutes, is amended to read:
1622 491.007 Renewal of license, registration, or certificate.—
1623 (3) The board or department shall prescribe by rule a
1624 method for the biennial renewal of an intern registration at a
1625 fee set by rule, not to exceed $100.
1626 Section 37. Subsection (2) of section 491.009, Florida
1627 Statutes, is amended to read:
1628 491.009 Discipline.—
1629 (2) The board department, or, in the case of certified
1630 master social workers psychologists, the department board, may
1631 enter an order denying licensure or imposing any of the
1632 penalties authorized in s. 456.072(2) against any applicant for
1633 licensure or any licensee who violates is found guilty of
1634 violating any provision of subsection (1) of this section or who
1635 is found guilty of violating any provision of s. 456.072(1).
1636 Section 38. Subsection (2) of section 491.0046, Florida
1637 Statutes, is amended to read:
1638 491.0046 Provisional license; requirements.—
1639 (2) The department shall issue a provisional clinical
1640 social worker license, provisional marriage and family therapist
1641 license, or provisional mental health counselor license to each
1642 applicant who the board certifies has:
1643 (a) Completed the application form and remitted a
1644 nonrefundable application fee not to exceed $100, as set by
1645 board rule; and
1646 (b) Earned a graduate degree in social work, a graduate
1647 degree with a major emphasis in marriage and family therapy or a
1648 closely related field, or a graduate degree in a major related
1649 to the practice of mental health counseling; and
1650 (c) Has Met the following minimum coursework requirements:
1651 1. For clinical social work, a minimum of 15 semester hours
1652 or 22 quarter hours of the coursework required by s.
1653 491.005(1)(b)2.b.
1654 2. For marriage and family therapy, 10 of the courses
1655 required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
1656 determined by the board, and at least 6 semester hours or 9
1657 quarter hours of the course credits must have been completed in
1658 the area of marriage and family systems, theories, or
1659 techniques.
1660 3. For mental health counseling, a minimum of seven of the
1661 courses required under s. 491.005(4)(b)1.a.-c.
1662 Section 39. Subsection (11) of section 945.42, Florida
1663 Statutes, is amended to read:
1664 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1665 945.40-945.49, the following terms shall have the meanings
1666 ascribed to them, unless the context shall clearly indicate
1667 otherwise:
1668 (11) “Psychological professional” means a behavioral
1669 practitioner who has an approved doctoral degree in psychology
1670 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1671 the department or who is licensed as a psychologist pursuant to
1672 chapter 490.
1673 Section 40. This act shall take effect July 1, 2020.