Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 713, 2nd Eng.
       
       
       
       
       
       
                                Ì6244746Î624474                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .           Floor: CA            
             03/13/2020 03:23 PM       .      03/13/2020 09:03 PM       
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       Senator Harrell moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (b) of subsection (2) of
    6  section 39.303, Florida Statutes, are amended to read:
    7         39.303 Child Protection Teams and sexual abuse treatment
    8  programs; services; eligible cases.—
    9         (2)(a) The Statewide Medical Director for Child Protection
   10  must be a physician licensed under chapter 458 or chapter 459
   11  who is a board-certified pediatrician with a subspecialty
   12  certification in child abuse from the American Board of
   13  Pediatrics. The Statewide Medical Director for Child Protection
   14  shall report directly to the Deputy Secretary for Children’s
   15  Medical Services.
   16         (b) Each Child Protection Team medical director must be a
   17  physician licensed under chapter 458 or chapter 459 who is a
   18  board-certified physician in pediatrics or family medicine and,
   19  within 2 years after the date of employment as a Child
   20  Protection Team medical director, obtains a subspecialty
   21  certification in child abuse from the American Board of
   22  Pediatrics or within 2 years meet the minimum requirements
   23  established by a third-party credentialing entity recognizing a
   24  demonstrated specialized competence in child abuse pediatrics
   25  pursuant to paragraph (d). Each Child Protection Team medical
   26  director employed on July 1, 2015, must, by July 1, 2019, either
   27  obtain a subspecialty certification in child abuse from the
   28  American Board of Pediatrics or meet the minimum requirements
   29  established by a third-party credentialing entity recognizing a
   30  demonstrated specialized competence in child abuse pediatrics
   31  pursuant to paragraph (d). Child Protection Team medical
   32  directors shall be responsible for oversight of the teams in the
   33  circuits. Each Child Protection Team medical director shall
   34  report directly to the Statewide Medical Director for Child
   35  Protection.
   36         Section 2. Section 381.0042, Florida Statutes, is amended
   37  to read:
   38         381.0042 Patient care for persons with HIV infection.—The
   39  department may establish human immunodeficiency virus acquired
   40  immune deficiency syndrome patient care networks in each region
   41  of the state where the number numbers of cases of acquired
   42  immune deficiency syndrome and other human immunodeficiency
   43  virus transmission infections justifies the establishment of
   44  cost-effective regional patient care networks. Such networks
   45  shall be delineated by rule of the department which shall take
   46  into account natural trade areas and centers of medical
   47  excellence that specialize in the treatment of human
   48  immunodeficiency virus acquired immune deficiency syndrome, as
   49  well as available federal, state, and other funds. Each patient
   50  care network shall include representation of persons with human
   51  immunodeficiency virus infection; health care providers;
   52  business interests; the department, including, but not limited
   53  to, county health departments; and local units of government.
   54  Each network shall plan for the care and treatment of persons
   55  with human immunodeficiency virus acquired immune deficiency
   56  syndrome and acquired immune deficiency syndrome related complex
   57  in a cost-effective, dignified manner that which emphasizes
   58  outpatient and home care. Once per each year, beginning April
   59  1989, each network shall make its recommendations concerning the
   60  needs for patient care to the department.
   61         Section 3. Subsection (3) of section 381.4018, Florida
   62  Statutes, is amended to read:
   63         381.4018 Physician workforce assessment and development.—
   64         (3) GENERAL FUNCTIONS.—The department shall maximize the
   65  use of existing programs under the jurisdiction of the
   66  department and other state agencies and coordinate governmental
   67  and nongovernmental stakeholders and resources in order to
   68  develop a state strategic plan and assess the implementation of
   69  such strategic plan. In developing the state strategic plan, the
   70  department shall:
   71         (a) Monitor, evaluate, and report on the supply and
   72  distribution of physicians licensed under chapter 458 or chapter
   73  459. The department shall maintain a database to serve as a
   74  statewide source of data concerning the physician workforce.
   75         (b) Develop a model and quantify, on an ongoing basis, the
   76  adequacy of the state’s current and future physician workforce
   77  as reliable data becomes available. Such model must take into
   78  account demographics, physician practice status, place of
   79  education and training, generational changes, population growth,
   80  economic indicators, and issues concerning the “pipeline” into
   81  medical education.
   82         (c) Develop and recommend strategies to determine whether
   83  the number of qualified medical school applicants who might
   84  become competent, practicing physicians in this state will be
   85  sufficient to meet the capacity of the state’s medical schools.
   86  If appropriate, the department shall, working with
   87  representatives of appropriate governmental and nongovernmental
   88  entities, develop strategies and recommendations and identify
   89  best practice programs that introduce health care as a
   90  profession and strengthen skills needed for medical school
   91  admission for elementary, middle, and high school students, and
   92  improve premedical education at the precollege and college level
   93  in order to increase this state’s potential pool of medical
   94  students.
   95         (d) Develop strategies to ensure that the number of
   96  graduates from the state’s public and private allopathic and
   97  osteopathic medical schools is adequate to meet physician
   98  workforce needs, based on the analysis of the physician
   99  workforce data, so as to provide a high-quality medical
  100  education to students in a manner that recognizes the uniqueness
  101  of each new and existing medical school in this state.
  102         (e) Pursue strategies and policies to create, expand, and
  103  maintain graduate medical education positions in the state based
  104  on the analysis of the physician workforce data. Such strategies
  105  and policies must take into account the effect of federal
  106  funding limitations on the expansion and creation of positions
  107  in graduate medical education. The department shall develop
  108  options to address such federal funding limitations. The
  109  department shall consider options to provide direct state
  110  funding for graduate medical education positions in a manner
  111  that addresses requirements and needs relative to accreditation
  112  of graduate medical education programs. The department shall
  113  consider funding residency positions as a means of addressing
  114  needed physician specialty areas, rural areas having a shortage
  115  of physicians, and areas of ongoing critical need, and as a
  116  means of addressing the state’s physician workforce needs based
  117  on an ongoing analysis of physician workforce data.
  118         (f) Develop strategies to maximize federal and state
  119  programs that provide for the use of incentives to attract
  120  physicians to this state or retain physicians within the state.
  121  Such strategies should explore and maximize federal-state
  122  partnerships that provide incentives for physicians to practice
  123  in federally designated shortage areas, in otherwise medically
  124  underserved areas, or in rural areas. Strategies shall also
  125  consider the use of state programs, such as the Medical
  126  Education Reimbursement and Loan Repayment Program pursuant to
  127  s. 1009.65, which provide for education loan repayment or loan
  128  forgiveness and provide monetary incentives for physicians to
  129  relocate to underserved areas of the state.
  130         (g) Coordinate and enhance activities relative to physician
  131  workforce needs, undergraduate medical education, graduate
  132  medical education, and reentry of retired military and other
  133  physicians into the physician workforce provided by the Division
  134  of Medical Quality Assurance, area health education center
  135  networks established pursuant to s. 381.0402, and other offices
  136  and programs within the department as designated by the State
  137  Surgeon General.
  138         (h) Work in conjunction with and act as a coordinating body
  139  for governmental and nongovernmental stakeholders to address
  140  matters relating to the state’s physician workforce assessment
  141  and development for the purpose of ensuring an adequate supply
  142  of well-trained physicians to meet the state’s future needs.
  143  Such governmental stakeholders shall include, but need not be
  144  limited to, the State Surgeon General or his or her designee,
  145  the Commissioner of Education or his or her designee, the
  146  Secretary of Health Care Administration or his or her designee,
  147  and the Chancellor of the State University System or his or her
  148  designee, and, at the discretion of the department, other
  149  representatives of state and local agencies that are involved in
  150  assessing, educating, or training the state’s current or future
  151  physicians. Other stakeholders shall include, but need not be
  152  limited to, organizations representing the state’s public and
  153  private allopathic and osteopathic medical schools;
  154  organizations representing hospitals and other institutions
  155  providing health care, particularly those that currently provide
  156  or have an interest in providing accredited medical education
  157  and graduate medical education to medical students and medical
  158  residents; organizations representing allopathic and osteopathic
  159  practicing physicians; and, at the discretion of the department,
  160  representatives of other organizations or entities involved in
  161  assessing, educating, or training the state’s current or future
  162  physicians.
  163         (i) Serve as a liaison with other states and federal
  164  agencies and programs in order to enhance resources available to
  165  the state’s physician workforce and medical education continuum.
  166         (j) Act as a clearinghouse for collecting and disseminating
  167  information concerning the physician workforce and medical
  168  education continuum in this state.
  169  
  170  The department may adopt rules to implement this subsection,
  171  including rules that establish guidelines to implement the
  172  federal Conrad 30 Waiver Program created under s. 214(l) of the
  173  Immigration and Nationality Act.
  174         Section 4. Paragraph (c) of subsection (4) of section
  175  381.915, Florida Statutes, is amended to read:
  176         381.915 Florida Consortium of National Cancer Institute
  177  Centers Program.—
  178         (4) Tier designations and corresponding weights within the
  179  Florida Consortium of National Cancer Institute Centers Program
  180  are as follows:
  181         (c) Tier 3: Florida-based cancer centers seeking
  182  designation as either a NCI-designated cancer center or NCI
  183  designated comprehensive cancer center, which shall be weighted
  184  at 1.0.
  185         1. A cancer center shall meet the following minimum
  186  criteria to be considered eligible for Tier 3 designation in any
  187  given fiscal year:
  188         a. Conducting cancer-related basic scientific research and
  189  cancer-related population scientific research;
  190         b. Offering and providing the full range of diagnostic and
  191  treatment services on site, as determined by the Commission on
  192  Cancer of the American College of Surgeons;
  193         c. Hosting or conducting cancer-related interventional
  194  clinical trials that are registered with the NCI’s Clinical
  195  Trials Reporting Program;
  196         d. Offering degree-granting programs or affiliating with
  197  universities through degree-granting programs accredited or
  198  approved by a nationally recognized agency and offered through
  199  the center or through the center in conjunction with another
  200  institution accredited by the Commission on Colleges of the
  201  Southern Association of Colleges and Schools;
  202         e. Providing training to clinical trainees, medical
  203  trainees accredited by the Accreditation Council for Graduate
  204  Medical Education or the American Osteopathic Association, and
  205  postdoctoral fellows recently awarded a doctorate degree; and
  206         f. Having more than $5 million in annual direct costs
  207  associated with their total NCI peer-reviewed grant funding.
  208         2. The General Appropriations Act or accompanying
  209  legislation may limit the number of cancer centers which shall
  210  receive Tier 3 designations or provide additional criteria for
  211  such designation.
  212         3. A cancer center’s participation in Tier 3 may not extend
  213  beyond June 30, 2024 shall be limited to 6 years.
  214         4. A cancer center that qualifies as a designated Tier 3
  215  center under the criteria provided in subparagraph 1. by July 1,
  216  2014, is authorized to pursue NCI designation as a cancer center
  217  or a comprehensive cancer center until June 30, 2024 for 6 years
  218  after qualification.
  219         Section 5. Paragraphs (c) and (d) of subsection (1) of
  220  section 401.35, Florida Statutes, are amended to read:
  221         401.35 Rules.—The department shall adopt rules, including
  222  definitions of terms, necessary to carry out the purposes of
  223  this part.
  224         (1) The rules must provide at least minimum standards
  225  governing:
  226         (c) Ground ambulance and vehicle equipment and supplies
  227  that a licensee with a valid vehicle permit under s. 401.26 is
  228  required to maintain to provide basic or advanced life support
  229  services at least as comprehensive as those published in the
  230  most current edition of the American College of Surgeons,
  231  Committee on Trauma, list of essential equipment for ambulances,
  232  as interpreted by rules of the department.
  233         (d) Ground ambulance or vehicle design and construction
  234  based on national standards recognized by the department and at
  235  least equal to those most currently recommended by the United
  236  States General Services Administration as interpreted by
  237  department rule rules of the department.
  238         Section 6. Subsection (21) is added to section 404.031,
  239  Florida Statutes, to read:
  240         404.031 Definitions.—As used in this chapter, unless the
  241  context clearly indicates otherwise, the term:
  242         (21) ″Useful beam″ means that portion of the radiation
  243  emitted from a radiation machine through the aperture of the
  244  machine′s beam-limiting device which is designed to focus the
  245  radiation on the intended target in order to accomplish the
  246  machine′s purpose when the machine′s exposure controls are in a
  247  mode to cause the system to produce radiation.
  248         Section 7. Subsections (7) and (8) are added to section
  249  404.22, Florida Statutes, to read:
  250         404.22 Radiation machines and components; inspection.—
  251         (7) Radiation machines that are used to intentionally
  252  expose a human being to the useful beam:
  253         (a) Must be maintained and operated according to
  254  manufacturer standards or nationally recognized consensus
  255  standards accepted by the department;
  256         (b) Must be operated at the lowest exposure that will
  257  achieve the intended purpose of the exposure; and
  258         (c) May not be modified in a manner that causes the
  259  original parts to operate in a way that differs from the
  260  original manufacturer′s design specification or the parameters
  261  approved for the machine and its components by the United States
  262  Food and Drug Administration.
  263         (8) A human being may be exposed to the useful beam of a
  264  radiation machine only under the following conditions:
  265         (a) For the purpose of medical or health care, if a
  266  licensed health care practitioner operating within the scope of
  267  his or her practice has determined that the exposure provides a
  268  medical or health benefit greater than the health risks posed by
  269  the exposure and the health care practitioner uses the results
  270  of the exposure in the medical or health care of the exposed
  271  individual; or
  272         (b) For the purpose of providing security for facilities or
  273  other venues, if the exposure is determined to provide a life
  274  safety benefit to the individual exposed which is greater than
  275  the health risk posed by the exposure. Such determination must
  276  be made by an individual trained in evaluating and calculating
  277  comparative mortality and morbidity risks according to standards
  278  set by the department. To be valid, the calculation and method
  279  of making the determination must be submitted to and accepted by
  280  the department. Limits to annual total exposure for security
  281  purposes must be adopted by department rule based on nationally
  282  recognized limits or relevant consensus standards.
  283         Section 8. Paragraphs (a) and (b) of subsection (1) of
  284  section 456.013, Florida Statutes, are amended to read:
  285         456.013 Department; general licensing provisions.—
  286         (1)(a) Any person desiring to be licensed in a profession
  287  within the jurisdiction of the department must shall apply to
  288  the department in writing to take the licensure examination. The
  289  application must shall be made on a form prepared and furnished
  290  by the department. The application form must be available on the
  291  Internet World Wide Web and the department may accept
  292  electronically submitted applications. The application shall
  293  require the social security number and date of birth of the
  294  applicant, except as provided in paragraphs (b) and (c). The
  295  form shall be supplemented as needed to reflect any material
  296  change in any circumstance or condition stated in the
  297  application which takes place between the initial filing of the
  298  application and the final grant or denial of the license and
  299  which might affect the decision of the department. If an
  300  application is submitted electronically, the department may
  301  require supplemental materials, including an original signature
  302  of the applicant and verification of credentials, to be
  303  submitted in a nonelectronic format. An incomplete application
  304  shall expire 1 year after initial filing. In order to further
  305  the economic development goals of the state, and notwithstanding
  306  any law to the contrary, the department may enter into an
  307  agreement with the county tax collector for the purpose of
  308  appointing the county tax collector as the department’s agent to
  309  accept applications for licenses and applications for renewals
  310  of licenses. The agreement must specify the time within which
  311  the tax collector must forward any applications and accompanying
  312  application fees to the department.
  313         (b) If an applicant has not been issued a social security
  314  number by the Federal Government at the time of application
  315  because the applicant is not a citizen or resident of this
  316  country, the department may process the application using a
  317  unique personal identification number. If such an applicant is
  318  otherwise eligible for licensure, the board, or the department
  319  when there is no board, may issue a temporary license to the
  320  applicant, which shall expire 30 days after issuance unless a
  321  social security number is obtained and submitted in writing to
  322  the department. A temporary license issued under this paragraph
  323  to an applicant who has accepted a position with an accredited
  324  residency, internship, or fellowship program in this state and
  325  is applying for registration under s. 458.345 or s. 459.021
  326  shall expire 60 days after issuance unless the applicant obtains
  327  a social security number and submits it in writing to the
  328  department. Upon receipt of the applicant’s social security
  329  number, the department shall issue a new license, which shall
  330  expire at the end of the current biennium.
  331         Section 9. Paragraph (o) of subsection (3) of section
  332  456.053, Florida Statutes, is amended to read:
  333         456.053 Financial arrangements between referring health
  334  care providers and providers of health care services.—
  335         (3) DEFINITIONS.—For the purpose of this section, the word,
  336  phrase, or term:
  337         (o) “Referral” means any referral of a patient by a health
  338  care provider for health care services, including, without
  339  limitation:
  340         1. The forwarding of a patient by a health care provider to
  341  another health care provider or to an entity which provides or
  342  supplies designated health services or any other health care
  343  item or service; or
  344         2. The request or establishment of a plan of care by a
  345  health care provider, which includes the provision of designated
  346  health services or other health care item or service.
  347         3. The following orders, recommendations, or plans of care
  348  shall not constitute a referral by a health care provider:
  349         a. By a radiologist for diagnostic-imaging services.
  350         b. By a physician specializing in the provision of
  351  radiation therapy services for such services.
  352         c. By a medical oncologist for drugs and solutions to be
  353  prepared and administered intravenously to such oncologist’s
  354  patient, as well as for the supplies and equipment used in
  355  connection therewith to treat such patient for cancer and the
  356  complications thereof.
  357         d. By a cardiologist for cardiac catheterization services.
  358         e. By a pathologist for diagnostic clinical laboratory
  359  tests and pathological examination services, if furnished by or
  360  under the supervision of such pathologist pursuant to a
  361  consultation requested by another physician.
  362         f. By a health care provider who is the sole provider or
  363  member of a group practice for designated health services or
  364  other health care items or services that are prescribed or
  365  provided solely for such referring health care provider’s or
  366  group practice’s own patients, and that are provided or
  367  performed by or under the direct supervision of such referring
  368  health care provider or group practice; provided, however, that
  369  effective July 1, 1999, a physician licensed pursuant to chapter
  370  458, chapter 459, chapter 460, or chapter 461 may refer a
  371  patient to a sole provider or group practice for diagnostic
  372  imaging services, excluding radiation therapy services, for
  373  which the sole provider or group practice billed both the
  374  technical and the professional fee for or on behalf of the
  375  patient, if the referring physician has no investment interest
  376  in the practice. The diagnostic imaging service referred to a
  377  group practice or sole provider must be a diagnostic imaging
  378  service normally provided within the scope of practice to the
  379  patients of the group practice or sole provider. The group
  380  practice or sole provider may accept no more than 15 percent of
  381  their patients receiving diagnostic imaging services from
  382  outside referrals, excluding radiation therapy services.
  383  However, the 15 percent limitation of this sub-subparagraph and
  384  the requirements of subparagraph (4)(a)2. do not apply to a
  385  group practice entity that owns an accountable care organization
  386  or an entity operating under an advanced alternative payment
  387  model according to federal regulations if such entity provides
  388  diagnostic imaging services to more than 30,000 patients per
  389  year.
  390         g. By a health care provider for services provided by an
  391  ambulatory surgical center licensed under chapter 395.
  392         h. By a urologist for lithotripsy services.
  393         i. By a dentist for dental services performed by an
  394  employee of or health care provider who is an independent
  395  contractor with the dentist or group practice of which the
  396  dentist is a member.
  397         j. By a physician for infusion therapy services to a
  398  patient of that physician or a member of that physician’s group
  399  practice.
  400         k. By a nephrologist for renal dialysis services and
  401  supplies, except laboratory services.
  402         l. By a health care provider whose principal professional
  403  practice consists of treating patients in their private
  404  residences for services to be rendered in such private
  405  residences, except for services rendered by a home health agency
  406  licensed under chapter 400. For purposes of this sub
  407  subparagraph, the term “private residences” includes patients’
  408  private homes, independent living centers, and assisted living
  409  facilities, but does not include skilled nursing facilities.
  410         m. By a health care provider for sleep-related testing.
  411         Section 10.  Effective upon this act becoming a law,
  412  paragraphs (a), (k), and (t), of subsection (1) and subsection
  413  (2) of section 456.072, Florida Statutes, are amended to read:
  414         456.072 Grounds for discipline; penalties; enforcement.—
  415         (1) The following acts shall constitute grounds for which
  416  the disciplinary actions specified in subsection (2) may be
  417  taken:
  418         (a) Making misleading, deceptive, or fraudulent
  419  representations in or related to the practice of the licensee’s
  420  profession or specialty designation.
  421         (k) Failing to perform any statutory or legal obligation
  422  placed upon a licensee. For purposes of this section, failing to
  423  repay a student loan issued or guaranteed by the state or the
  424  Federal Government in accordance with the terms of the loan is
  425  not or failing to comply with service scholarship obligations
  426  shall be considered a failure to perform a statutory or legal
  427  obligation, and the minimum disciplinary action imposed shall be
  428  a suspension of the license until new payment terms are agreed
  429  upon or the scholarship obligation is resumed, followed by
  430  probation for the duration of the student loan or remaining
  431  scholarship obligation period, and a fine equal to 10 percent of
  432  the defaulted loan amount. Fines collected shall be deposited
  433  into the Medical Quality Assurance Trust Fund.
  434         (t) Failing to identify through written notice, which may
  435  include the wearing of a name tag, or orally to a patient the
  436  type of license or specialty designation under which the
  437  practitioner is practicing. Any advertisement for health care
  438  services naming the practitioner must identify the type of
  439  license the practitioner holds. This paragraph does not apply to
  440  a practitioner while the practitioner is providing services in a
  441  facility licensed under chapter 394, chapter 395, chapter 400,
  442  or chapter 429. The department shall enforce this paragraph Each
  443  board, or the department where there is no board, is authorized
  444  by rule to determine how its practitioners may comply with this
  445  disclosure requirement.
  446         (2)(a) When the board, or the department when there is no
  447  board, finds any person guilty of the grounds set forth in
  448  subsection (1) or of any grounds set forth in the applicable
  449  practice act, including conduct constituting a substantial
  450  violation of subsection (1) or a violation of the applicable
  451  practice act which occurred prior to obtaining a license, it may
  452  enter an order imposing one or more of the following penalties:
  453         1.(a) Refusal to certify, or to certify with restrictions,
  454  an application for a license.
  455         2.(b) Suspension or permanent revocation of a license.
  456         3.(c) Restriction of practice or license, including, but
  457  not limited to, restricting the licensee from practicing in
  458  certain settings, restricting the licensee to work only under
  459  designated conditions or in certain settings, restricting the
  460  licensee from performing or providing designated clinical and
  461  administrative services, restricting the licensee from
  462  practicing more than a designated number of hours, or any other
  463  restriction found to be necessary for the protection of the
  464  public health, safety, and welfare.
  465         4.(d) Imposition of an administrative fine not to exceed
  466  $10,000 for each count or separate offense. If the violation is
  467  for fraud or making a false or fraudulent representation, the
  468  board, or the department if there is no board, must impose a
  469  fine of $10,000 per count or offense.
  470         5.(e) Issuance of a reprimand or letter of concern.
  471         6.(f) Placement of the licensee on probation for a period
  472  of time and subject to such conditions as the board, or the
  473  department when there is no board, may specify. Those conditions
  474  may include, but are not limited to, requiring the licensee to
  475  undergo treatment, attend continuing education courses, submit
  476  to be reexamined, work under the supervision of another
  477  licensee, or satisfy any terms which are reasonably tailored to
  478  the violations found.
  479         7.(g) Corrective action.
  480         8.(h) Imposition of an administrative fine in accordance
  481  with s. 381.0261 for violations regarding patient rights.
  482         9.(i) Refund of fees billed and collected from the patient
  483  or a third party on behalf of the patient.
  484         10.(j) Requirement that the practitioner undergo remedial
  485  education.
  486  
  487  In determining what action is appropriate, the board, or
  488  department when there is no board, must first consider what
  489  sanctions are necessary to protect the public or to compensate
  490  the patient. Only after those sanctions have been imposed may
  491  the disciplining authority consider and include in the order
  492  requirements designed to rehabilitate the practitioner. All
  493  costs associated with compliance with orders issued under this
  494  subsection are the obligation of the practitioner.
  495         (b)1. If the department finds that any licensed health care
  496  practitioner has violated paragraph (1)(a), the department must
  497  issue an emergency order to the practitioner to cease and desist
  498  the use of such name, title, words, letter, abbreviations, or
  499  insignia. The department shall send the emergency cease and
  500  desist order to the practitioner by certified mail and e-mail to
  501  the practitioner’s physical address and e-mail address of record
  502  on file with the department and to any other mailing address or
  503  e-mail address through which the department believes the person
  504  may be reached.
  505         2. If the practitioner does not cease and desist his or her
  506  actions in violation of paragraph (1)(a) immediately upon
  507  receipt of the emergency cease and desist order, the department
  508  must enter an order imposing any of the following penalties, or
  509  a combination thereof, until the practitioner complies with the
  510  cease and desist order:
  511         a. A citation and a daily fine.
  512         b. A reprimand or a letter of concern.
  513         c. Suspension of license.
  514         Section 11. Section 456.0721, Florida Statutes, is
  515  repealed.
  516         Section 12. Subsection (4) of section 456.074, Florida
  517  Statutes, is amended to read:
  518         456.074 Certain health care practitioners; immediate
  519  suspension of license.—
  520         (4)Upon receipt of information that a Florida-licensed
  521  health care practitioner has defaulted on a student loan issued
  522  or guaranteed by the state or the Federal Government, the
  523  department shall notify the licensee by certified mail that he
  524  or she shall be subject to immediate suspension of license
  525  unless, within 45 days after the date of mailing, the licensee
  526  provides proof that new payment terms have been agreed upon by
  527  all parties to the loan. The department shall issue an emergency
  528  order suspending the license of any licensee who, after 45 days
  529  following the date of mailing from the department, has failed to
  530  provide such proof. Production of such proof shall not prohibit
  531  the department from proceeding with disciplinary action against
  532  the licensee pursuant to s. 456.073.
  533         Section 13. Subsection (1) of section 458.3145, Florida
  534  Statutes, is amended to read:
  535         458.3145 Medical faculty certificate.—
  536         (1) A medical faculty certificate may be issued without
  537  examination to an individual who:
  538         (a) Is a graduate of an accredited medical school or its
  539  equivalent, or is a graduate of a foreign medical school listed
  540  with the World Health Organization;
  541         (b) Holds a valid, current license to practice medicine in
  542  another jurisdiction;
  543         (c) Has completed the application form and remitted a
  544  nonrefundable application fee not to exceed $500;
  545         (d) Has completed an approved residency or fellowship of at
  546  least 1 year or has received training which has been determined
  547  by the board to be equivalent to the 1-year residency
  548  requirement;
  549         (e) Is at least 21 years of age;
  550         (f) Is of good moral character;
  551         (g) Has not committed any act in this or any other
  552  jurisdiction which would constitute the basis for disciplining a
  553  physician under s. 458.331;
  554         (h) For any applicant who has graduated from medical school
  555  after October 1, 1992, has completed, before entering medical
  556  school, the equivalent of 2 academic years of preprofessional,
  557  postsecondary education, as determined by rule of the board,
  558  which must include, at a minimum, courses in such fields as
  559  anatomy, biology, and chemistry; and
  560         (i) Has been offered and has accepted a full-time faculty
  561  appointment to teach in a program of medicine at:
  562         1. The University of Florida;
  563         2. The University of Miami;
  564         3. The University of South Florida;
  565         4. The Florida State University;
  566         5. The Florida International University;
  567         6. The University of Central Florida;
  568         7. The Mayo Clinic College of Medicine and Science in
  569  Jacksonville, Florida;
  570         8. The Florida Atlantic University; or
  571         9. The Johns Hopkins All Children’s Hospital in St.
  572  Petersburg, Florida;
  573         10.Nova Southeastern University; or
  574         11.Lake Erie College of Osteopathic Medicine.
  575         Section 14. Section 458.3312, Florida Statutes, is amended
  576  to read:
  577         458.3312 Specialties.—A physician licensed under this
  578  chapter may not hold himself or herself out as a board-certified
  579  specialist unless the physician has received formal recognition
  580  as a specialist from a specialty board of the American Board of
  581  Medical Specialties or other recognizing agency that has been
  582  approved by the board. However, a physician may indicate the
  583  services offered and may state that his or her practice is
  584  limited to one or more types of services when this accurately
  585  reflects the scope of practice of the physician. A physician may
  586  not hold himself or herself out as a board-certified specialist
  587  in dermatology unless the recognizing agency, whether authorized
  588  in statute or by rule, is triennially reviewed and reauthorized
  589  by the Board of Medicine.
  590         Section 15. Subsection (1) of section 459.0055, Florida
  591  Statutes, is amended to read:
  592         459.0055 General licensure requirements.—
  593         (1) Except as otherwise provided herein, any person
  594  desiring to be licensed or certified as an osteopathic physician
  595  pursuant to this chapter shall:
  596         (a) Complete an application form and submit the appropriate
  597  fee to the department;
  598         (b) Be at least 21 years of age;
  599         (c) Be of good moral character;
  600         (d) Have completed at least 3 years of preprofessional
  601  postsecondary education;
  602         (e) Have not previously committed any act that would
  603  constitute a violation of this chapter, unless the board
  604  determines that such act does not adversely affect the
  605  applicant’s present ability and fitness to practice osteopathic
  606  medicine;
  607         (f) Not be under investigation in any jurisdiction for an
  608  act that would constitute a violation of this chapter. If, upon
  609  completion of such investigation, it is determined that the
  610  applicant has committed an act that would constitute a violation
  611  of this chapter, the applicant is ineligible for licensure
  612  unless the board determines that such act does not adversely
  613  affect the applicant’s present ability and fitness to practice
  614  osteopathic medicine;
  615         (g) Have not had an application for a license to practice
  616  osteopathic medicine denied or a license to practice osteopathic
  617  medicine revoked, suspended, or otherwise acted against by the
  618  licensing authority of any jurisdiction unless the board
  619  determines that the grounds on which such action was taken do
  620  not adversely affect the applicant’s present ability and fitness
  621  to practice osteopathic medicine. A licensing authority’s
  622  acceptance of a physician’s relinquishment of license,
  623  stipulation, consent order, or other settlement, offered in
  624  response to or in anticipation of the filing of administrative
  625  charges against the osteopathic physician, shall be considered
  626  action against the osteopathic physician’s license;
  627         (h) Not have received less than a satisfactory evaluation
  628  from an internship, residency, or fellowship training program,
  629  unless the board determines that such act does not adversely
  630  affect the applicant’s present ability and fitness to practice
  631  osteopathic medicine. Such evaluation shall be provided by the
  632  director of medical education from the medical training
  633  facility;
  634         (i) Have met the criteria set forth in s. 459.0075, s.
  635  459.0077, or s. 459.021, whichever is applicable;
  636         (j) Submit to the department a set of fingerprints on a
  637  form and under procedures specified by the department, along
  638  with a payment in an amount equal to the costs incurred by the
  639  Department of Health for the criminal background check of the
  640  applicant;
  641         (k) Demonstrate that he or she is a graduate of a medical
  642  college recognized and approved by the American Osteopathic
  643  Association;
  644         (l) Demonstrate that she or he has successfully completed
  645  an internship or residency a resident internship of not less
  646  than 12 months in a program accredited hospital approved for
  647  this purpose by the Board of Trustees of the American
  648  Osteopathic Association or the Accreditation Council for
  649  Graduate Medical Education any other internship program approved
  650  by the board upon a showing of good cause by the applicant. This
  651  requirement may be waived for an applicant who matriculated in a
  652  college of osteopathic medicine during or before 1948; and
  653         (m) Demonstrate that she or he has obtained a passing
  654  score, as established by rule of the board, on all parts of the
  655  examination conducted by the National Board of Osteopathic
  656  Medical Examiners or other examination approved by the board no
  657  more than 5 years before making application in this state or, if
  658  holding a valid active license in another state, that the
  659  initial licensure in the other state occurred no more than 5
  660  years after the applicant obtained a passing score on the
  661  examination conducted by the National Board of Osteopathic
  662  Medical Examiners or other substantially similar examination
  663  approved by the board.
  664         Section 16. Section 460.4166, Florida Statutes, is
  665  repealed.
  666         Section 17. Effective upon this act becoming a law,
  667  subsections (8) and (10) of section 464.019, Florida Statutes,
  668  are amended, and paragraph (f) is added to subsection (11) of
  669  that section, to read:
  670         464.019 Approval of nursing education programs.—
  671         (8) RULEMAKING.—The board does not have rulemaking
  672  authority to administer this section, except that the board
  673  shall adopt rules that prescribe the format for submitting
  674  program applications under subsection (1) and annual reports
  675  under subsection (3), and to administer the documentation of the
  676  accreditation of nursing education programs under subsection
  677  (11). The board may adopt rules relating to the nursing
  678  curriculum, including rules relating to the uses and limitations
  679  of simulation technology, and rules relating to the criteria to
  680  qualify for an extension of time to meet the accreditation
  681  requirements under paragraph (11)(f). The board may not impose
  682  any condition or requirement on an educational institution
  683  submitting a program application, an approved program, or an
  684  accredited program, except as expressly provided in this
  685  section.
  686         (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
  687  shall study the administration of this section and submit
  688  reports to the Governor, the President of the Senate, and the
  689  Speaker of the House of Representatives annually by January 30,
  690  through January 30, 2025 2020. The annual reports shall address
  691  the previous academic year; provide data on the measures
  692  specified in paragraphs (a) and (b), as such data becomes
  693  available; and include an evaluation of such data for purposes
  694  of determining whether this section is increasing the
  695  availability of nursing education programs and the production of
  696  quality nurses. The department and each approved program or
  697  accredited program shall comply with requests for data from the
  698  Florida Center for Nursing.
  699         (a) The Florida Center for Nursing shall evaluate program
  700  specific data for each approved program and accredited program
  701  conducted in the state, including, but not limited to:
  702         1. The number of programs and student slots available.
  703         2. The number of student applications submitted, the number
  704  of qualified applicants, and the number of students accepted.
  705         3. The number of program graduates.
  706         4. Program retention rates of students tracked from program
  707  entry to graduation.
  708         5. Graduate passage rates on the National Council of State
  709  Boards of Nursing Licensing Examination.
  710         6. The number of graduates who become employed as practical
  711  or professional nurses in the state.
  712         (b) The Florida Center for Nursing shall evaluate the
  713  board’s implementation of the:
  714         1. Program application approval process, including, but not
  715  limited to, the number of program applications submitted under
  716  subsection (1),; the number of program applications approved and
  717  denied by the board under subsection (2),; the number of denials
  718  of program applications reviewed under chapter 120,; and a
  719  description of the outcomes of those reviews.
  720         2. Accountability processes, including, but not limited to,
  721  the number of programs on probationary status, the number of
  722  approved programs for which the program director is required to
  723  appear before the board under subsection (5), the number of
  724  approved programs terminated by the board, the number of
  725  terminations reviewed under chapter 120, and a description of
  726  the outcomes of those reviews.
  727         (c) The Florida Center for Nursing shall complete an annual
  728  assessment of compliance by programs with the accreditation
  729  requirements of subsection (11), include in the assessment a
  730  determination of the accreditation process status for each
  731  program, and submit the assessment as part of the reports
  732  required by this subsection.
  733         (11) ACCREDITATION REQUIRED.—
  734         (f)An approved nursing education program may, no sooner
  735  than 90 days before the deadline for meeting the accreditation
  736  requirements of this subsection, apply to the board for an
  737  extension of the accreditation deadline for a period which does
  738  not exceed 2 years. An additional extension may not be granted.
  739  In order to be eligible for the extension, the approved program
  740  must establish that it has a graduate passage rate of 60 percent
  741  or higher on the National Council of State Boards of Nursing
  742  Licensing Examination for the most recent calendar year and must
  743  meet a majority of the board’s additional criteria, including,
  744  but not limited to, all of the following:
  745         1.A student retention rate of 60 percent or higher for the
  746  most recent calendar year.
  747         2.A graduate work placement rate of 70 percent or higher
  748  for the most recent calendar year.
  749         3.The program has applied for approval or been approved by
  750  an institutional or programmatic accreditor recognized by the
  751  United States Department of Education.
  752         4.The program is in full compliance with subsections (1)
  753  and (3) and paragraph (5)(b).
  754         5.The program is not currently in its second year of
  755  probationary status under subsection (5).
  756  
  757  The applicable deadline under this paragraph is tolled from the
  758  date on which an approved program applies for an extension until
  759  the date on which the board issues a decision on the requested
  760  extension.
  761         Section 18. Section 464.202, Florida Statutes, is amended
  762  to read:
  763         464.202 Duties and powers of the board.—The board shall
  764  maintain, or contract with or approve another entity to
  765  maintain, a state registry of certified nursing assistants. The
  766  registry must consist of the name of each certified nursing
  767  assistant in this state; other identifying information defined
  768  by board rule; certification status; the effective date of
  769  certification; other information required by state or federal
  770  law; information regarding any crime or any abuse, neglect, or
  771  exploitation as provided under chapter 435; and any disciplinary
  772  action taken against the certified nursing assistant. The
  773  registry shall be accessible to the public, the
  774  certificateholder, employers, and other state agencies. The
  775  board shall adopt by rule testing procedures for use in
  776  certifying nursing assistants and shall adopt rules regulating
  777  the practice of certified nursing assistants, including
  778  disciplinary procedures and standards of practice, and
  779  specifying the scope of practice authorized and the level of
  780  supervision required for the practice of certified nursing
  781  assistants. The board may contract with or approve another
  782  entity or organization to provide the examination services,
  783  including the development and administration of examinations.
  784  The board shall require that the contract provider offer
  785  certified nursing assistant applications via the Internet, and
  786  may require the contract provider to accept certified nursing
  787  assistant applications for processing via the Internet. The
  788  board shall require the contract provider to provide the
  789  preliminary results of the certified nursing examination on the
  790  date the test is administered. The provider shall pay all
  791  reasonable costs and expenses incurred by the board in
  792  evaluating the provider’s application and performance during the
  793  delivery of services, including examination services and
  794  procedures for maintaining the certified nursing assistant
  795  registry.
  796         Section 19. Paragraph (c) of subsection (1) of section
  797  464.203, Florida Statutes, is amended to read:
  798         464.203 Certified nursing assistants; certification
  799  requirement.—
  800         (1) The board shall issue a certificate to practice as a
  801  certified nursing assistant to any person who demonstrates a
  802  minimum competency to read and write and successfully passes the
  803  required background screening pursuant to s. 400.215. If the
  804  person has successfully passed the required background screening
  805  pursuant to s. 400.215 or s. 408.809 within 90 days before
  806  applying for a certificate to practice and the person’s
  807  background screening results are not retained in the
  808  clearinghouse created under s. 435.12, the board shall waive the
  809  requirement that the applicant successfully pass an additional
  810  background screening pursuant to s. 400.215. The person must
  811  also meet one of the following requirements:
  812         (c) Is currently certified in another state or territory of
  813  the United States or in the District of Columbia; is listed on
  814  that jurisdiction’s state’s certified nursing assistant
  815  registry; and has not been found to have committed abuse,
  816  neglect, or exploitation in that jurisdiction state.
  817         Section 20. Paragraph (b) of subsection (1) of section
  818  464.204, Florida Statutes, is amended to read:
  819         464.204 Denial, suspension, or revocation of certification;
  820  disciplinary actions.—
  821         (1) The following acts constitute grounds for which the
  822  board may impose disciplinary sanctions as specified in
  823  subsection (2):
  824         (b) Intentionally Violating any provision of this chapter,
  825  chapter 456, or the rules adopted by the board.
  826         Section 21. Subsections (3) and (4) of section 466.006,
  827  Florida Statutes, are amended to read:
  828         466.006 Examination of dentists.—
  829         (3) If an applicant is a graduate of a dental college or
  830  school not accredited in accordance with paragraph (2)(b) or of
  831  a dental college or school not approved by the board, the
  832  applicant is not entitled to take the examinations required in
  833  this section to practice dentistry until she or he satisfies one
  834  of the following:
  835         (a) Completes a program of study, as defined by the board
  836  by rule, at an accredited American dental school and
  837  demonstrates receipt of a D.D.S. or D.M.D. from said school; or
  838         (b) Submits proof of having successfully completed at least
  839  2 consecutive academic years at a full-time supplemental general
  840  dentistry program accredited by the American Dental Association
  841  Commission on Dental Accreditation. This program must provide
  842  didactic and clinical education at the level of a D.D.S. or
  843  D.M.D. program accredited by the American Dental Association
  844  Commission on Dental Accreditation. For purposes of this
  845  paragraph, a supplemental general dentistry program does not
  846  include an advanced education program in a dental specialty.
  847         (4) Notwithstanding any other provision of law in chapter
  848  456 pertaining to the clinical dental licensure examination or
  849  national examinations, to be licensed as a dentist in this
  850  state, an applicant must successfully complete both of the
  851  following:
  852         (a) A written examination on the laws and rules of the
  853  state regulating the practice of dentistry.;
  854         (b)1. A practical or clinical examination, which must shall
  855  be the American Dental Licensing Examination produced by the
  856  American Board of Dental Examiners, Inc., or its successor
  857  entity, if any, that is administered in this state and graded by
  858  dentists licensed in this state and employed by the department
  859  for just such purpose, provided that the board has attained, and
  860  continues to maintain thereafter, representation on the board of
  861  directors of the American Board of Dental Examiners, the
  862  examination development committee of the American Board of
  863  Dental Examiners, and such other committees of the American
  864  Board of Dental Examiners as the board deems appropriate by rule
  865  to assure that the standards established herein are maintained
  866  organizationally. A passing score on the American Dental
  867  Licensing Examination administered in this state and graded by
  868  dentists who are licensed in this state is valid for 365 days
  869  after the date the official examination results are published.
  870         1.2.a. As an alternative to such practical or clinical
  871  examination the requirements of subparagraph 1., an applicant
  872  may submit scores from an American Dental Licensing Examination
  873  previously administered in a jurisdiction other than this state
  874  after October 1, 2011, and such examination results shall be
  875  recognized as valid for the purpose of licensure in this state.
  876  A passing score on the American Dental Licensing Examination
  877  administered out of state out-of-state shall be the same as the
  878  passing score for the American Dental Licensing Examination
  879  administered in this state and graded by dentists who are
  880  licensed in this state. The examination results are valid for
  881  365 days after the date the official examination results are
  882  published. The applicant must have completed the examination
  883  after October 1, 2011.
  884         b. This subparagraph may not be given retroactive
  885  application.
  886         2.3. If the date of an applicant’s passing American Dental
  887  Licensing Examination scores from an examination previously
  888  administered in a jurisdiction other than this state under
  889  subparagraph 1. subparagraph 2. is older than 365 days, then
  890  such scores are shall nevertheless be recognized as valid for
  891  the purpose of licensure in this state, but only if the
  892  applicant demonstrates that all of the following additional
  893  standards have been met:
  894         a.(I) The applicant completed the American Dental Licensing
  895  Examination after October 1, 2011.
  896         (II) This sub-subparagraph may not be given retroactive
  897  application;
  898         b. The applicant graduated from a dental school accredited
  899  by the American Dental Association Commission on Dental
  900  Accreditation or its successor entity, if any, or any other
  901  dental accrediting organization recognized by the United States
  902  Department of Education. Provided, however, if the applicant did
  903  not graduate from such a dental school, the applicant may submit
  904  proof of having successfully completed a full-time supplemental
  905  general dentistry program accredited by the American Dental
  906  Association Commission on Dental Accreditation of at least 2
  907  consecutive academic years at such accredited sponsoring
  908  institution. Such program must provide didactic and clinical
  909  education at the level of a D.D.S. or D.M.D. program accredited
  910  by the American Dental Association Commission on Dental
  911  Accreditation. For purposes of this sub-subparagraph, a
  912  supplemental general dentistry program does not include an
  913  advanced education program in a dental specialty;
  914         c. The applicant currently possesses a valid and active
  915  dental license in good standing, with no restriction, which has
  916  never been revoked, suspended, restricted, or otherwise
  917  disciplined, from another state or territory of the United
  918  States, the District of Columbia, or the Commonwealth of Puerto
  919  Rico;
  920         d. The applicant submits proof that he or she has never
  921  been reported to the National Practitioner Data Bank, the
  922  Healthcare Integrity and Protection Data Bank, or the American
  923  Association of Dental Boards Clearinghouse. This sub
  924  subparagraph does not apply if the applicant successfully
  925  appealed to have his or her name removed from the data banks of
  926  these agencies;
  927         e.(I)(A)In the 5 years immediately preceding the date of
  928  application for licensure in this state, The applicant submits
  929  must submit proof of having been consecutively engaged in the
  930  full-time practice of dentistry in another state or territory of
  931  the United States, the District of Columbia, or the Commonwealth
  932  of Puerto Rico in the 5 years immediately preceding the date of
  933  application for licensure in this state;, or,
  934         (B) If the applicant has been licensed in another state or
  935  territory of the United States, the District of Columbia, or the
  936  Commonwealth of Puerto Rico for less than 5 years, the applicant
  937  submits must submit proof of having been engaged in the full
  938  time practice of dentistry since the date of his or her initial
  939  licensure.
  940         (II) As used in this section, “full-time practice” is
  941  defined as a minimum of 1,200 hours per year for each and every
  942  year in the consecutive 5-year period or, when where applicable,
  943  the period since initial licensure, and must include any
  944  combination of the following:
  945         (A) Active clinical practice of dentistry providing direct
  946  patient care.
  947         (B) Full-time practice as a faculty member employed by a
  948  dental or dental hygiene school approved by the board or
  949  accredited by the American Dental Association Commission on
  950  Dental Accreditation.
  951         (C) Full-time practice as a student at a postgraduate
  952  dental education program approved by the board or accredited by
  953  the American Dental Association Commission on Dental
  954  Accreditation.
  955         (III) The board shall develop rules to determine what type
  956  of proof of full-time practice is required and to recoup the
  957  cost to the board of verifying full-time practice under this
  958  section. Such proof must, at a minimum, be:
  959         (A) Admissible as evidence in an administrative proceeding;
  960         (B) Submitted in writing;
  961         (C) Submitted by the applicant under oath with penalties of
  962  perjury attached;
  963         (D) Further documented by an affidavit of someone unrelated
  964  to the applicant who is familiar with the applicant’s practice
  965  and testifies with particularity that the applicant has been
  966  engaged in full-time practice; and
  967         (E) Specifically found by the board to be both credible and
  968  admissible.
  969         (IV) An affidavit of only the applicant is not acceptable
  970  proof of full-time practice unless it is further attested to by
  971  someone unrelated to the applicant who has personal knowledge of
  972  the applicant’s practice. If the board deems it necessary to
  973  assess credibility or accuracy, the board may require the
  974  applicant or the applicant’s witnesses to appear before the
  975  board and give oral testimony under oath;
  976         f. The applicant submits must submit documentation that he
  977  or she has completed, or will complete before he or she is
  978  licensed, prior to licensure in this state, continuing education
  979  equivalent to this state’s requirements for the last full
  980  reporting biennium;
  981         g. The applicant proves must prove that he or she has never
  982  been convicted of, or pled nolo contendere to, regardless of
  983  adjudication, any felony or misdemeanor related to the practice
  984  of a health care profession in any jurisdiction;
  985         h. The applicant has must successfully passed pass a
  986  written examination on the laws and rules of this state
  987  regulating the practice of dentistry and must successfully pass
  988  the computer-based diagnostic skills examination; and
  989         i. The applicant submits must submit documentation that he
  990  or she has successfully completed the applicable examination
  991  administered by the Joint Commission on National Dental
  992  Examinations or its successor organization National Board of
  993  Dental Examiners dental examination.
  994         Section 22. Notwithstanding the January 1, 2020, repeal of
  995  section 466.0067, Florida Statutes, that section is revived,
  996  reenacted, and amended to read:
  997         466.0067 Application for health access dental license.—The
  998  Legislature finds that there is an important state interest in
  999  attracting dentists to practice in underserved health access
 1000  settings in this state and further, that allowing out-of-state
 1001  dentists who meet certain criteria to practice in health access
 1002  settings without the supervision of a dentist licensed in this
 1003  state is substantially related to achieving this important state
 1004  interest. Therefore, notwithstanding the requirements of s.
 1005  466.006, the board shall grant a health access dental license to
 1006  practice dentistry in this state in health access settings as
 1007  defined in s. 466.003 to an applicant who that:
 1008         (1) Files an appropriate application approved by the board;
 1009         (2) Pays an application license fee for a health access
 1010  dental license, laws-and-rule exam fee, and an initial licensure
 1011  fee. The fees specified in this subsection may not differ from
 1012  an applicant seeking licensure pursuant to s. 466.006;
 1013         (3) Has not been convicted of or pled nolo contendere to,
 1014  regardless of adjudication, any felony or misdemeanor related to
 1015  the practice of a health care profession;
 1016         (4) Submits proof of graduation from a dental school
 1017  accredited by the Commission on Dental Accreditation of the
 1018  American Dental Association or its successor agency;
 1019         (5) Submits documentation that she or he has completed, or
 1020  will obtain before prior to licensure, continuing education
 1021  equivalent to this state’s requirement for dentists licensed
 1022  under s. 466.006 for the last full reporting biennium before
 1023  applying for a health access dental license;
 1024         (6) Submits proof of her or his successful completion of
 1025  parts I and II of the dental examination by the National Board
 1026  of Dental Examiners and a state or regional clinical dental
 1027  licensing examination that the board has determined effectively
 1028  measures the applicant’s ability to practice safely;
 1029         (7) Currently holds a valid, active, dental license in good
 1030  standing which has not been revoked, suspended, restricted, or
 1031  otherwise disciplined from another of the United States, the
 1032  District of Columbia, or a United States territory;
 1033         (8) Has never had a license revoked from another of the
 1034  United States, the District of Columbia, or a United States
 1035  territory;
 1036         (9) Has never failed the examination specified in s.
 1037  466.006, unless the applicant was reexamined pursuant to s.
 1038  466.006 and received a license to practice dentistry in this
 1039  state;
 1040         (10) Has not been reported to the National Practitioner
 1041  Data Bank, unless the applicant successfully appealed to have
 1042  his or her name removed from the data bank;
 1043         (11) Submits proof that he or she has been engaged in the
 1044  active, clinical practice of dentistry providing direct patient
 1045  care for 5 years immediately preceding the date of application,
 1046  or in instances when the applicant has graduated from an
 1047  accredited dental school within the preceding 5 years, submits
 1048  proof of continuous clinical practice providing direct patient
 1049  care since graduation; and
 1050         (12) Has passed an examination covering the laws and rules
 1051  of the practice of dentistry in this state as described in s.
 1052  466.006(4)(a).
 1053         Section 23. Notwithstanding the January 1, 2020, repeal of
 1054  section 466.00671, Florida Statutes, that section is revived,
 1055  reenacted, and amended to read:
 1056         466.00671 Renewal of the health access dental license.—
 1057         (1) A health access dental licensee shall apply for renewal
 1058  each biennium. At the time of renewal, the licensee shall sign a
 1059  statement that she or he has complied with all continuing
 1060  education requirements of an active dentist licensee. The board
 1061  shall renew a health access dental license for an applicant who
 1062  that:
 1063         (a) Submits documentation, as approved by the board, from
 1064  the employer in the health access setting that the licensee has
 1065  at all times pertinent remained an employee;
 1066         (b) Has not been convicted of or pled nolo contendere to,
 1067  regardless of adjudication, any felony or misdemeanor related to
 1068  the practice of a health care profession;
 1069         (c) Has paid a renewal fee set by the board. The fee
 1070  specified herein may not differ from the renewal fee adopted by
 1071  the board pursuant to s. 466.013. The department may provide
 1072  payment for these fees through the dentist’s salary, benefits,
 1073  or other department funds;
 1074         (d) Has not failed the examination specified in s. 466.006
 1075  since initially receiving a health access dental license or
 1076  since the last renewal; and
 1077         (e) Has not been reported to the National Practitioner Data
 1078  Bank, unless the applicant successfully appealed to have his or
 1079  her name removed from the data bank.
 1080         (2) The board may undertake measures to independently
 1081  verify the health access dental licensee’s ongoing employment
 1082  status in the health access setting.
 1083         Section 24. Notwithstanding the January 1, 2020, repeal of
 1084  section 466.00672, Florida Statutes, that section is revived and
 1085  reenacted to read:
 1086         466.00672 Revocation of health access dental license.—
 1087         (1) The board shall revoke a health access dental license
 1088  upon:
 1089         (a) The licensee’s termination from employment from a
 1090  qualifying health access setting;
 1091         (b) Final agency action determining that the licensee has
 1092  violated any provision of s. 466.027 or s. 466.028, other than
 1093  infractions constituting citation offenses or minor violations;
 1094  or
 1095         (c) Failure of the Florida dental licensure examination.
 1096         (2) Failure of an individual licensed pursuant to s.
 1097  466.0067 to limit the practice of dentistry to health access
 1098  settings as defined in s. 466.003 constitutes the unlicensed
 1099  practice of dentistry.
 1100         Section 25. Paragraph (b) of subsection (4) and paragraph
 1101  (a) of subsection (6) of section 466.007, Florida Statutes, are
 1102  amended to read:
 1103         466.007 Examination of dental hygienists.—
 1104         (4) Effective July 1, 2012, to be licensed as a dental
 1105  hygienist in this state, an applicant must successfully complete
 1106  the following:
 1107         (b) A practical or clinical examination approved by the
 1108  board. The examination shall be the Dental Hygiene Examination
 1109  produced by the American Board of Dental Examiners, Inc. (ADEX)
 1110  or its successor entity, if any, if the board finds that the
 1111  successor entity’s clinical examination meets or exceeds the
 1112  provisions of this section. The board shall approve the ADEX
 1113  Dental Hygiene Examination if the board has attained and
 1114  continues to maintain representation on the ADEX House of
 1115  Representatives, the ADEX Dental Hygiene Examination Development
 1116  Committee, and such other ADEX Dental Hygiene committees as the
 1117  board deems appropriate through rulemaking to ensure that the
 1118  standards established in this section are maintained
 1119  organizationally. The ADEX Dental Hygiene Examination or the
 1120  examination produced by its successor entity is a comprehensive
 1121  examination in which an applicant must demonstrate skills within
 1122  the dental hygiene scope of practice on a live patient and any
 1123  other components that the board deems necessary for the
 1124  applicant to successfully demonstrate competency for the purpose
 1125  of licensure. The ADEX Dental Hygiene Examination or the
 1126  examination by the successor entity administered in this state
 1127  shall be graded by dentists and dental hygienists licensed in
 1128  this state who are employed by the department for this purpose.
 1129         (6)(a) A passing score on the ADEX Dental Hygiene
 1130  Examination administered out of state must shall be considered
 1131  the same as a passing score for the ADEX Dental Hygiene
 1132  Examination administered in this state and graded by licensed
 1133  dentists and dental hygienists.
 1134         Section 26. Subsections (9) through (15) are added to
 1135  section 466.017, Florida Statutes, to read:
 1136         466.017 Prescription of drugs; anesthesia.—
 1137         (9)Any adverse incident that occurs in an office
 1138  maintained by a dentist must be reported to the department. The
 1139  required notification to the department must be submitted in
 1140  writing by certified mail and postmarked within 48 hours after
 1141  the incident occurs.
 1142         (10)A dentist practicing in this state must notify the
 1143  board in writing by certified mail within 48 hours after any
 1144  adverse incident that occurs in the dentist’s outpatient
 1145  facility. A complete written report must be filed with the board
 1146  within 30 days after the incident occurs.
 1147         (11)Any certified registered dental hygienist
 1148  administering local anesthesia must notify the board in writing
 1149  by registered mail within 48 hours after any adverse incident
 1150  that was related to or the result of the administration of local
 1151  anesthesia. A complete written report must be filed with the
 1152  board within 30 days after the mortality or other adverse
 1153  incident.
 1154         (12)A failure by the dentist or dental hygienist to timely
 1155  and completely comply with all the reporting requirements in
 1156  this section is the basis for disciplinary action by the board
 1157  pursuant to s. 466.028(1).
 1158         (13)The department shall review each adverse incident and
 1159  determine whether it involved conduct by a health care
 1160  professional subject to disciplinary action, in which case s.
 1161  456.073 applies. Disciplinary action, if any, shall be taken by
 1162  the board under which the health care professional is licensed.
 1163         (14)As used in subsections (9)-(13), the term “adverse
 1164  incident” means any mortality that occurs during or as the
 1165  result of a dental procedure, or an incident that results in a
 1166  temporary or permanent physical or mental injury that requires
 1167  hospitalization or emergency room treatment of a dental patient
 1168  which occurs during or as a direct result of the use of general
 1169  anesthesia, deep sedation, moderate sedation, pediatric moderate
 1170  sedation, oral sedation, minimal sedation (anxiolysis), nitrous
 1171  oxide, or local anesthesia.
 1172         (15)The board may adopt rules to administer this section.
 1173         Section 27. Section 466.031, Florida Statutes, is amended
 1174  to read:
 1175         466.031 Dental laboratories laboratory” defined.—
 1176         (1)As used in this chapter, the term “dental laboratory”
 1177  as used in this chapter:
 1178         (1) includes any person, firm, or corporation that who
 1179  performs for a fee of any kind, gratuitously, or otherwise,
 1180  directly or through an agent or an employee, by any means or
 1181  method, or who in any way supplies or manufactures artificial
 1182  substitutes for the natural teeth;, or who furnishes, supplies,
 1183  constructs, or reproduces or repairs any prosthetic denture,
 1184  bridge, or appliance to be worn in the human mouth; or who in
 1185  any way represents holds itself out as a dental laboratory.
 1186         (2) The term does not include a Excludes any dental
 1187  laboratory technician who constructs or repairs dental
 1188  prosthetic appliances in the office of a licensed dentist
 1189  exclusively for that such dentist only and under her or his
 1190  supervision and work order.
 1191         (2) An employee or independent contractor of a dental
 1192  laboratory, acting as an agent of that dental laboratory, may
 1193  engage in onsite consultation with a licensed dentist during a
 1194  dental procedure.
 1195         Section 28. Section 466.036, Florida Statutes, is amended
 1196  to read:
 1197         466.036 Information; periodic inspections; equipment and
 1198  supplies.—The department may require from the applicant for a
 1199  registration certificate to operate a dental laboratory any
 1200  information necessary to carry out the purpose of this chapter,
 1201  including proof that the applicant has the equipment and
 1202  supplies necessary to operate as determined by rule of the
 1203  department, and shall require periodic inspection of all dental
 1204  laboratories operating in this state at least once each biennial
 1205  registration period. Such inspections must shall include, but
 1206  need not be limited to, inspection of sanitary conditions,
 1207  equipment, supplies, and facilities on the premises. The
 1208  department shall specify dental equipment and supplies that are
 1209  not allowed permitted in a registered dental laboratory.
 1210         Section 29. Subsection (1) of section 468.701, Florida
 1211  Statutes, is amended to read:
 1212         468.701 Definitions.—As used in this part, the term:
 1213         (1) “Athletic trainer” means a person licensed under this
 1214  part who has met the requirements of under this part, including
 1215  the education requirements established as set forth by the
 1216  Commission on Accreditation of Athletic Training Education or
 1217  its successor organization and necessary credentials from the
 1218  Board of Certification. An individual who is licensed as an
 1219  athletic trainer may not provide, offer to provide, or represent
 1220  that he or she is qualified to provide any care or services that
 1221  he or she lacks the education, training, or experience to
 1222  provide, or that he or she is otherwise prohibited by law from
 1223  providing.
 1224         Section 30. Section 468.707, Florida Statutes, is amended
 1225  to read:
 1226         468.707 Licensure requirements.—Any person desiring to be
 1227  licensed as an athletic trainer shall apply to the department on
 1228  a form approved by the department. An applicant shall also
 1229  provide records or other evidence, as determined by the board,
 1230  to prove he or she has met the requirements of this section. The
 1231  department shall license each applicant who:
 1232         (1) Has completed the application form and remitted the
 1233  required fees.
 1234         (2) For a person who applies on or after July 1, 2016, Has
 1235  submitted to background screening pursuant to s. 456.0135. The
 1236  board may require a background screening for an applicant whose
 1237  license has expired or who is undergoing disciplinary action.
 1238         (3)(a) Has obtained, at a minimum, a bachelor’s
 1239  baccalaureate or higher degree from a college or university
 1240  professional athletic training degree program accredited by the
 1241  Commission on Accreditation of Athletic Training Education or
 1242  its successor organization recognized and approved by the United
 1243  States Department of Education or the Commission on Recognition
 1244  of Postsecondary Accreditation, approved by the board, or
 1245  recognized by the Board of Certification, and has passed the
 1246  national examination to be certified by the Board of
 1247  Certification; or.
 1248         (b)(4)Has obtained, at a minimum, a bachelor’s degree, has
 1249  completed the Board of Certification internship requirements,
 1250  and holds If graduated before 2004, has a current certification
 1251  from the Board of Certification.
 1252         (4)(5) Has current certification in both cardiopulmonary
 1253  resuscitation and the use of an automated external defibrillator
 1254  set forth in the continuing education requirements as determined
 1255  by the board pursuant to s. 468.711.
 1256         (5)(6) Has completed any other requirements as determined
 1257  by the department and approved by the board.
 1258         Section 31. Subsection (3) of section 468.711, Florida
 1259  Statutes, is amended to read:
 1260         468.711 Renewal of license; continuing education.—
 1261         (3) If initially licensed after January 1, 1998, the
 1262  licensee must be currently certified by the Board of
 1263  Certification or its successor agency and maintain that
 1264  certification in good standing without lapse.
 1265         Section 32. Section 468.713, Florida Statutes, is amended
 1266  to read:
 1267         468.713 Responsibilities of athletic trainers.—
 1268         (1) An athletic trainer shall practice under the direction
 1269  of a physician licensed under chapter 458, chapter 459, chapter
 1270  460, or otherwise authorized by Florida law to practice
 1271  medicine. The physician shall communicate his or her direction
 1272  through oral or written prescriptions or protocols as deemed
 1273  appropriate by the physician for the provision of services and
 1274  care by the athletic trainer. An athletic trainer shall provide
 1275  service or care in the manner dictated by the physician.
 1276         (2) An athletic trainer shall work within his or her
 1277  allowable scope of practice as specified by board rule under s.
 1278  468.705. An athletic trainer may not provide, offer to provide,
 1279  or represent that he or she is qualified to provide any care or
 1280  services that he or she lacks the education, training, or
 1281  experience to provide or that he or she is otherwise prohibited
 1282  by law from providing.
 1283         Section 33. Subsection (2) of section 468.723, Florida
 1284  Statutes, is amended to read:
 1285         468.723 Exemptions.—This part does not prohibit prevent or
 1286  restrict:
 1287         (2) An athletic training student acting under the direct
 1288  supervision of a licensed athletic trainer. For purposes of this
 1289  subsection, “direct supervision” means the physical presence of
 1290  an athletic trainer so that the athletic trainer is immediately
 1291  available to the athletic training student and able to intervene
 1292  on behalf of the athletic training student. The supervision must
 1293  comply with board rule in accordance with the standards set
 1294  forth by the Commission on Accreditation of Athletic Training
 1295  Education or its successor.
 1296         Section 34. Subsections (1), (3), and (4) of section
 1297  468.803, Florida Statutes, are amended to read:
 1298         468.803 License, registration, and examination
 1299  requirements.—
 1300         (1) The department shall issue a license to practice
 1301  orthotics, prosthetics, or pedorthics, or a registration for a
 1302  resident to practice orthotics or prosthetics, to qualified
 1303  applicants. Licenses to practice shall be granted independently
 1304  in orthotics, prosthetics, or pedorthics must be granted
 1305  independently, but a person may be licensed in more than one
 1306  such discipline, and a prosthetist-orthotist license may be
 1307  granted to persons meeting the requirements for licensure both
 1308  as a prosthetist and as an orthotist license. Registrations to
 1309  practice shall be granted independently in orthotics or
 1310  prosthetics must be granted independently, and a person may be
 1311  registered in both disciplines fields at the same time or
 1312  jointly in orthotics and prosthetics as a dual registration.
 1313         (3) A person seeking to attain the required orthotics or
 1314  prosthetics experience required for licensure in this state must
 1315  be approved by the board and registered as a resident by the
 1316  department. Although a registration may be held in both
 1317  disciplines practice fields, for independent registrations the
 1318  board may shall not approve a second registration until at least
 1319  1 year after the issuance of the first registration.
 1320  Notwithstanding subsection (2), a person an applicant who has
 1321  been approved by the board and registered by the department in
 1322  one discipline practice field may apply for registration in the
 1323  second discipline practice field without an additional state or
 1324  national criminal history check during the period in which the
 1325  first registration is valid. Each independent registration or
 1326  dual registration is valid for 2 years after from the date of
 1327  issuance unless otherwise revoked by the department upon
 1328  recommendation of the board. The board shall set a registration
 1329  fee not to exceed $500 to be paid by the applicant. A
 1330  registration may be renewed once by the department upon
 1331  recommendation of the board for a period no longer than 1 year,
 1332  as such renewal is defined by the board by rule. The
 1333  registration renewal fee may shall not exceed one-half the
 1334  current registration fee. To be considered by the board for
 1335  approval of registration as a resident, the applicant must have
 1336  one of the following:
 1337         (a) A Bachelor of Science or higher-level postgraduate
 1338  degree in orthotics and prosthetics from a regionally accredited
 1339  college or university recognized by the Commission on
 1340  Accreditation of Allied Health Education Programs. or, at
 1341         (b) A minimum of, a bachelor’s degree from a regionally
 1342  accredited college or university and a certificate in orthotics
 1343  or prosthetics from a program recognized by the Commission on
 1344  Accreditation of Allied Health Education Programs, or its
 1345  equivalent, as determined by the board.; or
 1346         (c)A minimum of a bachelor’s degree from a regionally
 1347  accredited college or university and a dual certificate in both
 1348  orthotics and prosthetics from programs recognized by the
 1349  Commission on Accreditation of Allied Health Education Programs,
 1350  or its equivalent, as determined by the board.
 1351         (b)A Bachelor of Science or higher-level postgraduate
 1352  degree in Orthotics and Prosthetics from a regionally accredited
 1353  college or university recognized by the Commission on
 1354  Accreditation of Allied Health Education Programs or, at a
 1355  minimum, a bachelor’s degree from a regionally accredited
 1356  college or university and a certificate in prosthetics from a
 1357  program recognized by the Commission on Accreditation of Allied
 1358  Health Education Programs, or its equivalent, as determined by
 1359  the board.
 1360         (4) The department may develop and administer a state
 1361  examination for an orthotist or a prosthetist license, or the
 1362  board may approve the existing examination of a national
 1363  standards organization. The examination must be predicated on a
 1364  minimum of a baccalaureate-level education and formalized
 1365  specialized training in the appropriate field. Each examination
 1366  must demonstrate a minimum level of competence in basic
 1367  scientific knowledge, written problem solving, and practical
 1368  clinical patient management. The board shall require an
 1369  examination fee not to exceed the actual cost to the board in
 1370  developing, administering, and approving the examination, which
 1371  fee must be paid by the applicant. To be considered by the board
 1372  for examination, the applicant must have:
 1373         (a) For an examination in orthotics:
 1374         1. A Bachelor of Science or higher-level postgraduate
 1375  degree in orthotics and prosthetics from a regionally accredited
 1376  college or university recognized by the Commission on
 1377  Accreditation of Allied Health Education Programs or, at a
 1378  minimum, a bachelor’s degree from a regionally accredited
 1379  college or university and a certificate in orthotics from a
 1380  program recognized by the Commission on Accreditation of Allied
 1381  Health Education Programs, or its equivalent, as determined by
 1382  the board; and
 1383         2. An approved orthotics internship of 1 year of qualified
 1384  experience, as determined by the board, or an orthotic residency
 1385  or dual residency program recognized by the board.
 1386         (b) For an examination in prosthetics:
 1387         1. A Bachelor of Science or higher-level postgraduate
 1388  degree in orthotics and prosthetics from a regionally accredited
 1389  college or university recognized by the Commission on
 1390  Accreditation of Allied Health Education Programs or, at a
 1391  minimum, a bachelor’s degree from a regionally accredited
 1392  college or university and a certificate in prosthetics from a
 1393  program recognized by the Commission on Accreditation of Allied
 1394  Health Education Programs, or its equivalent, as determined by
 1395  the board; and
 1396         2. An approved prosthetics internship of 1 year of
 1397  qualified experience, as determined by the board, or a
 1398  prosthetic residency or dual residency program recognized by the
 1399  board.
 1400         Section 35. Subsection (5) of section 480.033, Florida
 1401  Statutes, is amended to read:
 1402         480.033 Definitions.—As used in this act:
 1403         (5) “Apprentice” means a person approved by the board to
 1404  study colonic irrigation massage under the instruction of a
 1405  licensed massage therapist practicing colonic irrigation.
 1406         Section 36. Subsections (1) and (2) of section 480.041,
 1407  Florida Statutes, are amended, and subsection (8) is added to
 1408  that section, to read:
 1409         480.041 Massage therapists; qualifications; licensure;
 1410  endorsement.—
 1411         (1) Any person is qualified for licensure as a massage
 1412  therapist under this act who:
 1413         (a) Is at least 18 years of age or has received a high
 1414  school diploma or high school equivalency diploma;
 1415         (b) Has completed a course of study at a board-approved
 1416  massage school or has completed an apprenticeship program that
 1417  meets standards adopted by the board; and
 1418         (c) Has received a passing grade on a national an
 1419  examination designated administered by the board department.
 1420         (2) Every person desiring to be examined for licensure as a
 1421  massage therapist must shall apply to the department in writing
 1422  upon forms prepared and furnished by the department. Such
 1423  applicants are shall be subject to the provisions of s.
 1424  480.046(1). Applicants may take an examination administered by
 1425  the department only upon meeting the requirements of this
 1426  section as determined by the board.
 1427         (8)A person issued a license as a massage apprentice
 1428  before July 1, 2020, may continue that apprenticeship and
 1429  perform massage therapy as authorized under that license until
 1430  it expires. Upon completion of the apprenticeship, which must
 1431  occur before July 1, 2023, a massage apprentice may apply to the
 1432  board for full licensure and be granted a license if all other
 1433  applicable licensure requirements are met.
 1434         Section 37. Section 480.042, Florida Statutes, is repealed.
 1435         Section 38. Subsection (3) of section 490.003, Florida
 1436  Statutes, is amended to read:
 1437         490.003 Definitions.—As used in this chapter:
 1438         (3)(a)Prior to July 1, 1999, “doctoral-level psychological
 1439  education” and “doctoral degree in psychology” mean a Psy.D., an
 1440  Ed.D. in psychology, or a Ph.D. in psychology from:
 1441         1.An educational institution which, at the time the
 1442  applicant was enrolled and graduated, had institutional
 1443  accreditation from an agency recognized and approved by the
 1444  United States Department of Education or was recognized as a
 1445  member in good standing with the Association of Universities and
 1446  Colleges of Canada; and
 1447         2.A psychology program within that educational institution
 1448  which, at the time the applicant was enrolled and graduated, had
 1449  programmatic accreditation from an accrediting agency recognized
 1450  and approved by the United States Department of Education or was
 1451  comparable to such programs.
 1452         (b) Effective July 1, 1999, “doctoral-level psychological
 1453  education” and “doctoral degree in psychology” mean a Psy.D., an
 1454  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1455  program at:
 1456         1. an educational institution that which, at the time the
 1457  applicant was enrolled and graduated:
 1458         (a), Had institutional accreditation from an agency
 1459  recognized and approved by the United States Department of
 1460  Education or was recognized as a member in good standing with
 1461  the Association of Universities and Colleges of Canada; and
 1462         (b)2.A psychology program within that educational
 1463  institution which, at the time the applicant was enrolled and
 1464  graduated, Had programmatic accreditation from the American
 1465  Psychological Association an agency recognized and approved by
 1466  the United States Department of Education.
 1467         Section 39. Paragraph (b) of subsection (1) and paragraph
 1468  (b) of subsection (2) of section 490.005, Florida Statutes, are
 1469  amended to read:
 1470         490.005 Licensure by examination.—
 1471         (1) Any person desiring to be licensed as a psychologist
 1472  shall apply to the department to take the licensure examination.
 1473  The department shall license each applicant who the board
 1474  certifies has:
 1475         (b) Submitted proof satisfactory to the board that the
 1476  applicant has received:
 1477         1. Received Doctoral-level psychological education, as
 1478  defined in s. 490.003(3); or
 1479         2. Received The equivalent of a doctoral-level
 1480  psychological education, as defined in s. 490.003(3), from a
 1481  program at a school or university located outside the United
 1482  States of America and Canada, which was officially recognized by
 1483  the government of the country in which it is located as an
 1484  institution or program to train students to practice
 1485  professional psychology. The applicant has the burden of
 1486  establishing that this requirement has the requirements of this
 1487  provision have been met shall be upon the applicant;
 1488         3.Received and submitted to the board, prior to July 1,
 1489  1999, certification of an augmented doctoral-level psychological
 1490  education from the program director of a doctoral-level
 1491  psychology program accredited by a programmatic agency
 1492  recognized and approved by the United States Department of
 1493  Education; or
 1494         4.Received and submitted to the board, prior to August 31,
 1495  2001, certification of a doctoral-level program that at the time
 1496  the applicant was enrolled and graduated maintained a standard
 1497  of education and training comparable to the standard of training
 1498  of programs accredited by a programmatic agency recognized and
 1499  approved by the United States Department of Education. Such
 1500  certification of comparability shall be provided by the program
 1501  director of a doctoral-level psychology program accredited by a
 1502  programmatic agency recognized and approved by the United States
 1503  Department of Education.
 1504         (2) Any person desiring to be licensed as a school
 1505  psychologist shall apply to the department to take the licensure
 1506  examination. The department shall license each applicant who the
 1507  department certifies has:
 1508         (b) Submitted satisfactory proof to the department that the
 1509  applicant:
 1510         1. Has received a doctorate, specialist, or equivalent
 1511  degree from a program primarily psychological in nature and has
 1512  completed 60 semester hours or 90 quarter hours of graduate
 1513  study, in areas related to school psychology as defined by rule
 1514  of the department, from a college or university which at the
 1515  time the applicant was enrolled and graduated was accredited by
 1516  an accrediting agency recognized and approved by the Council for
 1517  Higher Education Accreditation or its successor organization
 1518  Commission on Recognition of Postsecondary Accreditation or from
 1519  an institution that which is publicly recognized as a member in
 1520  good standing with the Association of Universities and Colleges
 1521  of Canada.
 1522         2. Has had a minimum of 3 years of experience in school
 1523  psychology, 2 years of which must be supervised by an individual
 1524  who is a licensed school psychologist or who has otherwise
 1525  qualified as a school psychologist supervisor, by education and
 1526  experience, as set forth by rule of the department. A doctoral
 1527  internship may be applied toward the supervision requirement.
 1528         3. Has passed an examination provided by the department.
 1529         Section 40. Subsection (1) of section 490.006, Florida
 1530  Statutes, is amended to read:
 1531         490.006 Licensure by endorsement.—
 1532         (1) The department shall license a person as a psychologist
 1533  or school psychologist who, upon applying to the department and
 1534  remitting the appropriate fee, demonstrates to the department
 1535  or, in the case of psychologists, to the board that the
 1536  applicant:
 1537         (a)Holds a valid license or certificate in another state
 1538  to practice psychology or school psychology, as applicable,
 1539  provided that, when the applicant secured such license or
 1540  certificate, the requirements were substantially equivalent to
 1541  or more stringent than those set forth in this chapter at that
 1542  time; and, if no Florida law existed at that time, then the
 1543  requirements in the other state must have been substantially
 1544  equivalent to or more stringent than those set forth in this
 1545  chapter at the present time;
 1546         (a)(b) Is a diplomate in good standing with the American
 1547  Board of Professional Psychology, Inc.; or
 1548         (b)(c) Possesses a doctoral degree in psychology as
 1549  described in s. 490.003 and has at least 10 20 years of
 1550  experience as a licensed psychologist in any jurisdiction or
 1551  territory of the United States within the 25 years preceding the
 1552  date of application.
 1553         Section 41. Subsection (6) of section 491.0045, Florida
 1554  Statutes, as created by chapters 2016-80 and 2016-241, Laws of
 1555  Florida, is amended to read:
 1556         491.0045 Intern registration; requirements.—
 1557         (6) A registration issued on or before March 31, 2017,
 1558  expires March 31, 2022, and may not be renewed or reissued. Any
 1559  registration issued after March 31, 2017, expires 60 months
 1560  after the date it is issued. The board may make a one-time
 1561  exception to the requirements of this subsection in emergency or
 1562  hardship cases, as defined by board rule, if A subsequent intern
 1563  registration may not be issued unless the candidate has passed
 1564  the theory and practice examination described in s.
 1565  491.005(1)(d), (3)(d), and (4)(d).
 1566         Section 42. Subsections (3) and (4) of section 491.005,
 1567  Florida Statutes, are amended to read:
 1568         491.005 Licensure by examination.—
 1569         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1570  documentation and payment of a fee not to exceed $200, as set by
 1571  board rule, plus the actual cost of to the department for the
 1572  purchase of the examination from the Association of Marital and
 1573  Family Therapy Regulatory Board, or similar national
 1574  organization, the department shall issue a license as a marriage
 1575  and family therapist to an applicant who the board certifies:
 1576         (a) Has submitted an application and paid the appropriate
 1577  fee.
 1578         (b)1. Has a minimum of a master’s degree with major
 1579  emphasis in marriage and family therapy, or a closely related
 1580  field from a program accredited by the Commission on
 1581  Accreditation for Marriage and Family Therapy Education or from
 1582  a Florida university program accredited by the Council for
 1583  Accreditation of Counseling and Related Educational Programs,
 1584  and graduate courses approved by the Board of Clinical Social
 1585  Work, Marriage and Family Therapy, and Mental Health Counseling.
 1586  has completed all of the following requirements:
 1587         a.Thirty-six semester hours or 48 quarter hours of
 1588  graduate coursework, which must include a minimum of 3 semester
 1589  hours or 4 quarter hours of graduate-level course credits in
 1590  each of the following nine areas: dynamics of marriage and
 1591  family systems; marriage therapy and counseling theory and
 1592  techniques; family therapy and counseling theory and techniques;
 1593  individual human development theories throughout the life cycle;
 1594  personality theory or general counseling theory and techniques;
 1595  psychopathology; human sexuality theory and counseling
 1596  techniques; psychosocial theory; and substance abuse theory and
 1597  counseling techniques. Courses in research, evaluation,
 1598  appraisal, assessment, or testing theories and procedures;
 1599  thesis or dissertation work; or practicums, internships, or
 1600  fieldwork may not be applied toward this requirement.
 1601         b.A minimum of one graduate-level course of 3 semester
 1602  hours or 4 quarter hours in legal, ethical, and professional
 1603  standards issues in the practice of marriage and family therapy
 1604  or a course determined by the board to be equivalent.
 1605         c.A minimum of one graduate-level course of 3 semester
 1606  hours or 4 quarter hours in diagnosis, appraisal, assessment,
 1607  and testing for individual or interpersonal disorder or
 1608  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
 1609  hour graduate-level course in behavioral research which focuses
 1610  on the interpretation and application of research data as it
 1611  applies to clinical practice. Credit for thesis or dissertation
 1612  work, practicums, internships, or fieldwork may not be applied
 1613  toward this requirement.
 1614         d.A minimum of one supervised clinical practicum,
 1615  internship, or field experience in a marriage and family
 1616  counseling setting, during which the student provided 180 direct
 1617  client contact hours of marriage and family therapy services
 1618  under the supervision of an individual who met the requirements
 1619  for supervision under paragraph (c). This requirement may be met
 1620  by a supervised practice experience which took place outside the
 1621  academic arena, but which is certified as equivalent to a
 1622  graduate-level practicum or internship program which required a
 1623  minimum of 180 direct client contact hours of marriage and
 1624  family therapy services currently offered within an academic
 1625  program of a college or university accredited by an accrediting
 1626  agency approved by the United States Department of Education, or
 1627  an institution which is publicly recognized as a member in good
 1628  standing with the Association of Universities and Colleges of
 1629  Canada or a training institution accredited by the Commission on
 1630  Accreditation for Marriage and Family Therapy Education
 1631  recognized by the United States Department of Education.
 1632  Certification shall be required from an official of such
 1633  college, university, or training institution.
 1634         2. If the course title that which appears on the
 1635  applicant’s transcript does not clearly identify the content of
 1636  the coursework, the applicant shall be required to provide
 1637  additional documentation, including, but not limited to, a
 1638  syllabus or catalog description published for the course.
 1639  
 1640  The required master’s degree must have been received in an
 1641  institution of higher education that, which at the time the
 1642  applicant graduated, was: fully accredited by a regional
 1643  accrediting body recognized by the Commission on Recognition of
 1644  Postsecondary Accreditation or; publicly recognized as a member
 1645  in good standing with the Association of Universities and
 1646  Colleges of Canada,; or an institution of higher education
 1647  located outside the United States and Canada, which, at the time
 1648  the applicant was enrolled and at the time the applicant
 1649  graduated, maintained a standard of training substantially
 1650  equivalent to the standards of training of those institutions in
 1651  the United States which are accredited by a regional accrediting
 1652  body recognized by the Commission on Recognition of
 1653  Postsecondary Accreditation. Such foreign education and training
 1654  must have been received in an institution or program of higher
 1655  education officially recognized by the government of the country
 1656  in which it is located as an institution or program to train
 1657  students to practice as professional marriage and family
 1658  therapists or psychotherapists. The applicant has the burden of
 1659  establishing that the requirements of this provision have been
 1660  met shall be upon the applicant, and the board shall require
 1661  documentation, such as, but not limited to, an evaluation by a
 1662  foreign equivalency determination service, as evidence that the
 1663  applicant’s graduate degree program and education were
 1664  equivalent to an accredited program in this country. An
 1665  applicant with a master’s degree from a program that which did
 1666  not emphasize marriage and family therapy may complete the
 1667  coursework requirement in a training institution fully
 1668  accredited by the Commission on Accreditation for Marriage and
 1669  Family Therapy Education recognized by the United States
 1670  Department of Education.
 1671         (c) Has had at least 2 years of clinical experience during
 1672  which 50 percent of the applicant’s clients were receiving
 1673  marriage and family therapy services, which must be at the post
 1674  master’s level under the supervision of a licensed marriage and
 1675  family therapist with at least 5 years of experience, or the
 1676  equivalent, who is a qualified supervisor as determined by the
 1677  board. An individual who intends to practice in Florida to
 1678  satisfy the clinical experience requirements must register
 1679  pursuant to s. 491.0045 before commencing practice. If a
 1680  graduate has a master’s degree with a major emphasis in marriage
 1681  and family therapy or a closely related field which that did not
 1682  include all of the coursework required by paragraph (b) under
 1683  sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
 1684  clinical experience may shall not commence until the applicant
 1685  has completed a minimum of 10 of the courses required by
 1686  paragraph (b) under sub-subparagraphs (b)1.a.-c., as determined
 1687  by the board, and at least 6 semester hours or 9 quarter hours
 1688  of the course credits must have been completed in the area of
 1689  marriage and family systems, theories, or techniques. Within the
 1690  2 3 years of required experience, the applicant shall provide
 1691  direct individual, group, or family therapy and counseling, to
 1692  include the following categories of cases including those
 1693  involving: unmarried dyads, married couples, separating and
 1694  divorcing couples, and family groups that include including
 1695  children. A doctoral internship may be applied toward the
 1696  clinical experience requirement. A licensed mental health
 1697  professional must be on the premises when clinical services are
 1698  provided by a registered intern in a private practice setting.
 1699         (d) Has passed a theory and practice examination provided
 1700  by the department for this purpose.
 1701         (e) Has demonstrated, in a manner designated by board rule
 1702  of the board, knowledge of the laws and rules governing the
 1703  practice of clinical social work, marriage and family therapy,
 1704  and mental health counseling.
 1705         (f) 
 1706  
 1707  For the purposes of dual licensure, the department shall license
 1708  as a marriage and family therapist any person who meets the
 1709  requirements of s. 491.0057. Fees for dual licensure may shall
 1710  not exceed those stated in this subsection.
 1711         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1712  documentation and payment of a fee not to exceed $200, as set by
 1713  board rule, plus the actual per applicant cost of to the
 1714  department for purchase of the examination from the National
 1715  Board for Certified Counselors or its successor Professional
 1716  Examination Service for the National Academy of Certified
 1717  Clinical Mental Health Counselors or a similar national
 1718  organization, the department shall issue a license as a mental
 1719  health counselor to an applicant who the board certifies:
 1720         (a) Has submitted an application and paid the appropriate
 1721  fee.
 1722         (b)1. Has a minimum of an earned master’s degree from a
 1723  mental health counseling program accredited by the Council for
 1724  the Accreditation of Counseling and Related Educational Programs
 1725  which that consists of at least 60 semester hours or 80 quarter
 1726  hours of clinical and didactic instruction, including a course
 1727  in human sexuality and a course in substance abuse. If the
 1728  master’s degree is earned from a program related to the practice
 1729  of mental health counseling which that is not accredited by the
 1730  Council for the Accreditation of Counseling and Related
 1731  Educational Programs, then the coursework and practicum,
 1732  internship, or fieldwork must consist of at least 60 semester
 1733  hours or 80 quarter hours and meet all of the following
 1734  requirements:
 1735         a. Thirty-three semester hours or 44 quarter hours of
 1736  graduate coursework, which must include a minimum of 3 semester
 1737  hours or 4 quarter hours of graduate-level coursework in each of
 1738  the following 11 content areas: counseling theories and
 1739  practice; human growth and development; diagnosis and treatment
 1740  of psychopathology; human sexuality; group theories and
 1741  practice; individual evaluation and assessment; career and
 1742  lifestyle assessment; research and program evaluation; social
 1743  and cultural foundations; substance abuse; and legal, ethical,
 1744  and professional standards issues in the practice of mental
 1745  health counseling in community settings; and substance abuse.
 1746  Courses in research, thesis or dissertation work, practicums,
 1747  internships, or fieldwork may not be applied toward this
 1748  requirement.
 1749         b. A minimum of 3 semester hours or 4 quarter hours of
 1750  graduate-level coursework addressing diagnostic processes,
 1751  including differential diagnosis and the use of the current
 1752  diagnostic tools, such as the current edition of the American
 1753  Psychiatric Association’s Diagnostic and Statistical Manual of
 1754  Mental Disorders. The graduate program must have emphasized the
 1755  common core curricular experience in legal, ethical, and
 1756  professional standards issues in the practice of mental health
 1757  counseling, which includes goals, objectives, and practices of
 1758  professional counseling organizations, codes of ethics, legal
 1759  considerations, standards of preparation, certifications and
 1760  licensing, and the role identity and professional obligations of
 1761  mental health counselors. Courses in research, thesis or
 1762  dissertation work, practicums, internships, or fieldwork may not
 1763  be applied toward this requirement.
 1764         c. The equivalent, as determined by the board, of at least
 1765  700 1,000 hours of university-sponsored supervised clinical
 1766  practicum, internship, or field experience that includes at
 1767  least 280 hours of direct client services, as required in the
 1768  accrediting standards of the Council for Accreditation of
 1769  Counseling and Related Educational Programs for mental health
 1770  counseling programs. This experience may not be used to satisfy
 1771  the post-master’s clinical experience requirement.
 1772         2. Has provided additional documentation if a the course
 1773  title that which appears on the applicant’s transcript does not
 1774  clearly identify the content of the coursework., The applicant
 1775  shall be required to provide additional documentation must
 1776  include, including, but is not limited to, a syllabus or catalog
 1777  description published for the course.
 1778  
 1779  Education and training in mental health counseling must have
 1780  been received in an institution of higher education that, which
 1781  at the time the applicant graduated, was: fully accredited by a
 1782  regional accrediting body recognized by the Council for Higher
 1783  Education Accreditation or its successor organization or
 1784  Commission on Recognition of Postsecondary Accreditation;
 1785  publicly recognized as a member in good standing with the
 1786  Association of Universities and Colleges of Canada,; or an
 1787  institution of higher education located outside the United
 1788  States and Canada, which, at the time the applicant was enrolled
 1789  and at the time the applicant graduated, maintained a standard
 1790  of training substantially equivalent to the standards of
 1791  training of those institutions in the United States which are
 1792  accredited by a regional accrediting body recognized by the
 1793  Council for Higher Education Accreditation or its successor
 1794  organization Commission on Recognition of Postsecondary
 1795  Accreditation. Such foreign education and training must have
 1796  been received in an institution or program of higher education
 1797  officially recognized by the government of the country in which
 1798  it is located as an institution or program to train students to
 1799  practice as mental health counselors. The applicant has the
 1800  burden of establishing that the requirements of this provision
 1801  have been met shall be upon the applicant, and the board shall
 1802  require documentation, such as, but not limited to, an
 1803  evaluation by a foreign equivalency determination service, as
 1804  evidence that the applicant’s graduate degree program and
 1805  education were equivalent to an accredited program in this
 1806  country. Beginning July 1, 2025, an applicant must have a
 1807  master’s degree from a program that is accredited by the Council
 1808  for Accreditation of Counseling and Related Educational Programs
 1809  which consists of at least 60 semester hours or 80 quarter hours
 1810  to apply for licensure under this paragraph.
 1811         (c) Has had at least 2 years of clinical experience in
 1812  mental health counseling, which must be at the post-master’s
 1813  level under the supervision of a licensed mental health
 1814  counselor or the equivalent who is a qualified supervisor as
 1815  determined by the board. An individual who intends to practice
 1816  in Florida to satisfy the clinical experience requirements must
 1817  register pursuant to s. 491.0045 before commencing practice. If
 1818  a graduate has a master’s degree with a major related to the
 1819  practice of mental health counseling which that did not include
 1820  all the coursework required under sub-subparagraphs (b)1.a. and
 1821  b. (b)1.a.-b., credit for the post-master’s level clinical
 1822  experience may shall not commence until the applicant has
 1823  completed a minimum of seven of the courses required under sub
 1824  subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
 1825  board, one of which must be a course in psychopathology or
 1826  abnormal psychology. A doctoral internship may be applied toward
 1827  the clinical experience requirement. A licensed mental health
 1828  professional must be on the premises when clinical services are
 1829  provided by a registered intern in a private practice setting.
 1830         (d) Has passed a theory and practice examination provided
 1831  by the department for this purpose.
 1832         (e) Has demonstrated, in a manner designated by board rule
 1833  of the board, knowledge of the laws and rules governing the
 1834  practice of clinical social work, marriage and family therapy,
 1835  and mental health counseling.
 1836         Section 43. Paragraph (b) of subsection (1) of section
 1837  491.006, Florida Statutes, is amended to read:
 1838         491.006 Licensure or certification by endorsement.—
 1839         (1) The department shall license or grant a certificate to
 1840  a person in a profession regulated by this chapter who, upon
 1841  applying to the department and remitting the appropriate fee,
 1842  demonstrates to the board that he or she:
 1843         (b)1. Holds an active valid license to practice and has
 1844  actively practiced the licensed profession for which licensure
 1845  is applied in another state for 3 of the last 5 years
 1846  immediately preceding licensure;.
 1847         2.Meets the education requirements of this chapter for the
 1848  profession for which licensure is applied.
 1849         2.3. Has passed a substantially equivalent licensing
 1850  examination in another state or has passed the licensure
 1851  examination in this state in the profession for which the
 1852  applicant seeks licensure; and.
 1853         3.4. Holds a license in good standing, is not under
 1854  investigation for an act that would constitute a violation of
 1855  this chapter, and has not been found to have committed any act
 1856  that would constitute a violation of this chapter.
 1857  
 1858  The fees paid by any applicant for certification as a master
 1859  social worker under this section are nonrefundable.
 1860         Section 44. Subsection (3) of section 491.007, Florida
 1861  Statutes, is amended to read:
 1862         491.007 Renewal of license, registration, or certificate.—
 1863         (3)The board or department shall prescribe by rule a
 1864  method for the biennial renewal of an intern registration at a
 1865  fee set by rule, not to exceed $100.
 1866         Section 45. Subsection (2) of section 491.009, Florida
 1867  Statutes, is amended to read:
 1868         491.009 Discipline.—
 1869         (2) The board department, or, in the case of certified
 1870  master social workers psychologists, the department board, may
 1871  enter an order denying licensure or imposing any of the
 1872  penalties authorized in s. 456.072(2) against any applicant for
 1873  licensure or any licensee who violates is found guilty of
 1874  violating any provision of subsection (1) of this section or who
 1875  is found guilty of violating any provision of s. 456.072(1).
 1876         Section 46. Subsection (2) of section 491.0046, Florida
 1877  Statutes, is amended to read:
 1878         491.0046 Provisional license; requirements.—
 1879         (2) The department shall issue a provisional clinical
 1880  social worker license, provisional marriage and family therapist
 1881  license, or provisional mental health counselor license to each
 1882  applicant who the board certifies has:
 1883         (a) Completed the application form and remitted a
 1884  nonrefundable application fee not to exceed $100, as set by
 1885  board rule; and
 1886         (b) Earned a graduate degree in social work, a graduate
 1887  degree with a major emphasis in marriage and family therapy or a
 1888  closely related field, or a graduate degree in a major related
 1889  to the practice of mental health counseling; and
 1890         (c) Has Met the following minimum coursework requirements:
 1891         1. For clinical social work, a minimum of 15 semester hours
 1892  or 22 quarter hours of the coursework required by s.
 1893  491.005(1)(b)2.b.
 1894         2. For marriage and family therapy, 10 of the courses
 1895  required by s. 491.005(3)(b) s. 491.005(3)(b)1.a.-c., as
 1896  determined by the board, and at least 6 semester hours or 9
 1897  quarter hours of the course credits must have been completed in
 1898  the area of marriage and family systems, theories, or
 1899  techniques.
 1900         3. For mental health counseling, a minimum of seven of the
 1901  courses required under s. 491.005(4)(b)1.a.-c.
 1902         Section 47. Subsection (11) of section 945.42, Florida
 1903  Statutes, is amended to read:
 1904         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 1905  945.40-945.49, the following terms shall have the meanings
 1906  ascribed to them, unless the context shall clearly indicate
 1907  otherwise:
 1908         (11) “Psychological professional” means a behavioral
 1909  practitioner who has an approved doctoral degree in psychology
 1910  as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
 1911  the department or who is licensed as a psychologist pursuant to
 1912  chapter 490.
 1913         Section 48. For the purpose of incorporating the amendment
 1914  made by this act to section 459.0055, Florida Statutes, in a
 1915  reference thereto, subsection (6) of section 459.021, Florida
 1916  Statutes, is reenacted to read:
 1917         459.021 Registration of resident physicians, interns, and
 1918  fellows; list of hospital employees; penalty.—
 1919         (6) Any person desiring registration pursuant to this
 1920  section shall meet all the requirements of s. 459.0055, except
 1921  paragraphs (1)(l) and (m).
 1922         Section 49. Present subsection (7) of section 514.0115,
 1923  Florida Statutes, is redesignated as subsection (8), and a new
 1924  subsection (7) is added to that section, to read:
 1925         514.0115 Exemptions from supervision or regulation;
 1926  variances.—
 1927         (7)Until such time as the department adopts rules for the
 1928  supervision and regulation of surf pools, a surf pool that is
 1929  larger than 4 acres is exempt from supervision under this
 1930  chapter if the surf pool is permitted by a local government
 1931  pursuant to a special use permit process in which the local
 1932  government asserts regulatory authority over the construction of
 1933  the surf pool and, in consultation with the department,
 1934  establishes through the local government’s special use
 1935  permitting process the conditions for the surf pool’s operation,
 1936  water quality, and necessary lifesaving equipment. This
 1937  subsection does not affect the department’s or a county health
 1938  department’s right of entry pursuant to s. 514.04 or its
 1939  authority to seek an injunction pursuant to s. 514.06 to
 1940  restrain the operation of a surf pool permitted and operated
 1941  under this subsection if the surf pool presents significant
 1942  risks to public health. For the purposes of this subsection, the
 1943  term “surf pool” means a pool that is designed to generate waves
 1944  dedicated to the activity of surfing on a surfboard or an
 1945  analogous surfing device commonly used in the ocean and intended
 1946  for sport, as opposed to the general play intent of wave pools,
 1947  other large-scale public swimming pools, or other public bathing
 1948  places.
 1949         Section 50. Subsection (7) of section 553.77, Florida
 1950  Statutes, is amended to read:
 1951         553.77 Specific powers of the commission.—
 1952         (7) Building officials shall recognize and enforce variance
 1953  orders issued by the Department of Health pursuant to s.
 1954  514.0115(8) s. 514.0115(7), including any conditions attached to
 1955  the granting of the variance.
 1956         Section 51. Present paragraphs (g) through (v) of
 1957  subsection (4) of section 408.809, Florida Statutes, are
 1958  redesignated as paragraphs (h) through (w), respectively, and a
 1959  new paragraph (g) is added to that subsection, to read:
 1960         408.809 Background screening; prohibited offenses.—
 1961         (4) In addition to the offenses listed in s. 435.04, all
 1962  persons required to undergo background screening pursuant to
 1963  this part or authorizing statutes must not have an arrest
 1964  awaiting final disposition for, must not have been found guilty
 1965  of, regardless of adjudication, or entered a plea of nolo
 1966  contendere or guilty to, and must not have been adjudicated
 1967  delinquent and the record not have been sealed or expunged for
 1968  any of the following offenses or any similar offense of another
 1969  jurisdiction:
 1970         (g)Section 784.03, relating to battery, if the victim is a
 1971  vulnerable adult as defined in s. 415.102 or a patient or
 1972  resident of a facility licensed under chapter 395, chapter 400,
 1973  or chapter 429.
 1974  
 1975  If, upon rescreening, a person who is currently employed or
 1976  contracted with a licensee as of June 30, 2014, and was screened
 1977  and qualified under ss. 435.03 and 435.04, has a disqualifying
 1978  offense that was not a disqualifying offense at the time of the
 1979  last screening, but is a current disqualifying offense and was
 1980  committed before the last screening, he or she may apply for an
 1981  exemption from the appropriate licensing agency and, if agreed
 1982  to by the employer, may continue to perform his or her duties
 1983  until the licensing agency renders a decision on the application
 1984  for exemption if the person is eligible to apply for an
 1985  exemption and the exemption request is received by the agency no
 1986  later than 30 days after receipt of the rescreening results by
 1987  the person.
 1988         Section 52. Subsection (5) is added to section 456.0135,
 1989  Florida Statutes, to read:
 1990         456.0135 General background screening provisions.—
 1991         (5)In addition to the offenses listed in s. 435.04, all
 1992  persons required to undergo background screening under this
 1993  section, other than those licensed under s. 465.022, must not
 1994  have an arrest awaiting final disposition for, must not have
 1995  been found guilty of, regardless of adjudication, or entered a
 1996  plea of nolo contendere or guilty to, and must not have been
 1997  adjudicated delinquent and the record not have been sealed or
 1998  expunged for an offense under s. 784.03 or any similar offense
 1999  of another jurisdiction relating to battery, if the victim is a
 2000  vulnerable adult as defined in s. 415.102 or a patient or
 2001  resident of a facility licensed under chapter 395, chapter 400,
 2002  or chapter 429.
 2003         Section 53. The amendments and reenactments made by this
 2004  act to sections 466.0067, 466.00671, and 466.00672, Florida
 2005  Statutes, are remedial in nature, shall take effect upon this
 2006  act becoming a law, and shall apply retroactively to January 1,
 2007  2020. This section shall take effect upon this act becoming a
 2008  law.
 2009         Section 54. Except as otherwise expressly provided in this
 2010  act and except for this section, which shall take effect upon
 2011  this act becoming a law, this act shall take effect July 1,
 2012  2020.
 2013  
 2014  ================= T I T L E  A M E N D M E N T ================
 2015  And the title is amended as follows:
 2016         Delete everything before the enacting clause
 2017  and insert:
 2018                        A bill to be entitled                      
 2019         An act relating to health regulation; amending s.
 2020         39.303, F.S.; specifying direct reporting requirements
 2021         for certain positions within the Children’s Medical
 2022         Services Program; amending s. 381.0042, F.S.; revising
 2023         the purpose of patient care networks from serving
 2024         patients with acquired immune deficiency syndrome to
 2025         serving those with human immunodeficiency virus;
 2026         conforming provisions to changes made by the act;
 2027         deleting obsolete language; amending s. 381.4018,
 2028         F.S.; requiring the Department of Health to develop
 2029         strategies to maximize federal-state partnerships that
 2030         provide incentives for physicians to practice in
 2031         medically underserved or rural areas; authorizing the
 2032         department to adopt certain rules; amending s.
 2033         381.915, F.S.; revising term limits for Tier 3 cancer
 2034         center designations within the Florida Consortium of
 2035         National Cancer Institute Centers Program; amending s.
 2036         401.35, F.S.; revising provisions related to the
 2037         department’s rules governing minimum standards for
 2038         ground ambulances and emergency medical services
 2039         vehicles; deleting the requirement that the department
 2040         base rules governing medical supplies and equipment
 2041         required in ambulances and emergency medical services
 2042         vehicles on a certain association’s standards;
 2043         deleting the requirement that the department base
 2044         rules governing ambulance or emergency medical
 2045         services vehicle design and construction on a certain
 2046         agency’s standards and instead requiring the
 2047         department to base such rules on national standards
 2048         recognized by the department; amending s. 404.031,
 2049         F.S.; defining the term ″useful beam″; amending s.
 2050         404.22, F.S.; providing limitations on the
 2051         maintenance, operation, and modification of certain
 2052         radiation machines; providing conditions for the
 2053         authorized exposure of human beings to the radiation
 2054         emitted from a radiation machine; amending s. 456.013,
 2055         F.S.; revising health care practitioner licensure
 2056         application requirements; authorizing the board or
 2057         department to issue a temporary license to certain
 2058         applicants which expires after 60 days; amending s.
 2059         456.053, F.S.; revising the definition of the term
 2060         “referral”; amending s. 456.072, F.S.; prohibiting
 2061         specified acts by health care practitioners relating
 2062         to specialty designations; revising grounds for
 2063         certain disciplinary actions to conform to changes
 2064         made by the act; authorizing the department to enforce
 2065         compliance with the act; authorizing the department to
 2066         take specified disciplinary action against health care
 2067         practitioners in violation of the act; specifying
 2068         applicable administrative penalties; repealing s.
 2069         456.0721, F.S., relating to health care practitioners
 2070         in default on student loan or scholarship obligations;
 2071         amending s. 456.074, F.S.; conforming provisions to
 2072         changes made by the act; amending s. 458.3145, F.S.;
 2073         revising the list of individuals who may be issued a
 2074         medical faculty certificate without examination;
 2075         amending s. 458.3312, F.S.; removing a prohibition
 2076         against physicians representing themselves as board
 2077         certified specialists in dermatology unless the
 2078         recognizing agency is reviewed and reauthorized on a
 2079         specified basis by the Board of Medicine; amending s.
 2080         459.0055, F.S.; revising licensure requirements for a
 2081         person seeking licensure or certification as an
 2082         osteopathic physician; repealing s. 460.4166, F.S.,
 2083         relating to registered chiropractic assistants;
 2084         amending s. 464.019, F.S.; authorizing the Board of
 2085         Nursing to adopt specified rules; extending through
 2086         2025 the Florida Center for Nursing’s responsibility
 2087         to study and issue an annual report on the
 2088         implementation of nursing education programs;
 2089         authorizing certain nursing education programs to
 2090         apply for an extension for accreditation within a
 2091         specified timeframe; providing limitations on and
 2092         eligibility criteria for the extension; providing a
 2093         tolling provision; amending s. 464.202, F.S.;
 2094         requiring the Board of Nursing to adopt rules that
 2095         include disciplinary procedures and standards of
 2096         practice for certified nursing assistants; amending s.
 2097         464.203, F.S.; revising certification requirements for
 2098         nursing assistants; amending s. 464.204, F.S.;
 2099         revising grounds for board-imposed disciplinary
 2100         sanctions; amending s. 466.006, F.S.; revising certain
 2101         examination requirements for applicants seeking dental
 2102         licensure; reviving, reenacting, and amending s.
 2103         466.0067, F.S., relating to the application for a
 2104         health access dental license; reviving, reenacting,
 2105         and amending s. 466.00671, F.S., relating to the
 2106         renewal of such a license; reviving and reenacting s.
 2107         466.00672, F.S., relating to the revocation of such
 2108         license; amending s. 466.007, F.S.; revising
 2109         requirements for dental hygienist licensure; amending
 2110         s. 466.017, F.S.; requiring dentists and certified
 2111         registered dental hygienists to report in writing
 2112         certain adverse incidents to the department within a
 2113         specified timeframe; providing for disciplinary action
 2114         by the Board of Dentistry for violations; defining the
 2115         term “adverse incident”; authorizing the board to
 2116         adopt rules; amending s. 466.031, F.S.; making
 2117         technical changes; authorizing an employee or an
 2118         independent contractor of a dental laboratory, acting
 2119         as an agent of that dental laboratory, to engage in
 2120         onsite consultation with a licensed dentist during a
 2121         dental procedure; amending s. 466.036, F.S.; revising
 2122         the frequency of dental laboratory inspections during
 2123         a specified period; amending s. 468.701, F.S.;
 2124         revising the definition of the term “athletic
 2125         trainer”; deleting a requirement that is relocated to
 2126         another section; amending s. 468.707, F.S.; revising
 2127         athletic trainer licensure requirements; amending s.
 2128         468.711, F.S.; requiring certain athletic trainer
 2129         licensees to maintain certification in good standing
 2130         without lapse as a condition of license renewal;
 2131         amending s. 468.713, F.S.; requiring that an athletic
 2132         trainer work within a specified scope of practice;
 2133         relocating an existing requirement that was stricken
 2134         from another section; amending s. 468.723, F.S.;
 2135         requiring the direct supervision of an athletic
 2136         training student to be in accordance with rules
 2137         adopted by the Board of Athletic Training; amending s.
 2138         468.803, F.S.; revising orthotic, prosthetic, and
 2139         pedorthic licensure, registration, and examination
 2140         requirements; amending s. 480.033, F.S.; revising the
 2141         definition of the term “apprentice”; amending s.
 2142         480.041, F.S.; revising qualifications for licensure
 2143         as a massage therapist; specifying that massage
 2144         apprentices licensed before a specified date may
 2145         continue to perform massage therapy as authorized
 2146         under their licenses; authorizing massage apprentices
 2147         to apply for full licensure upon completion of their
 2148         apprenticeships, under certain conditions; repealing
 2149         s. 480.042, F.S., relating to examinations for
 2150         licensure as a massage therapist; amending s. 490.003,
 2151         F.S.; revising the definition of the terms “doctoral
 2152         level psychological education” and “doctoral degree in
 2153         psychology”; amending s. 490.005, F.S.; revising
 2154         requirements for licensure by examination of
 2155         psychologists and school psychologists; amending s.
 2156         490.006, F.S.; revising requirements for licensure by
 2157         endorsement of psychologists and school psychologists;
 2158         amending s. 491.0045, F.S.; exempting clinical social
 2159         worker interns, marriage and family therapist interns,
 2160         and mental health counselor interns from registration
 2161         requirements, under certain circumstances; amending s.
 2162         491.005, F.S.; revising requirements for the licensure
 2163         by examination of marriage and family therapists;
 2164         revising requirements for the licensure by examination
 2165         of mental health counselors; amending s. 491.006,
 2166         F.S.; revising requirements for licensure by
 2167         endorsement or certification for specified
 2168         professions; amending s. 491.007, F.S.; removing a
 2169         biennial intern registration fee; amending s. 491.009,
 2170         F.S.; authorizing the Board of Clinical Social Work,
 2171         Marriage and Family Therapy, and Mental Health
 2172         Counseling or, under certain circumstances, the
 2173         department to enter an order denying licensure or
 2174         imposing penalties against an applicant for licensure
 2175         under certain circumstances; amending ss. 491.0046 and
 2176         945.42, F.S.; conforming cross-references; reenacting
 2177         s. 459.021(6), F.S., relating to registration of
 2178         osteopathic resident physicians, interns, and fellows,
 2179         to incorporate the amendment made to s. 459.0055,
 2180         F.S., in a reference thereto; amending s. 514.0115,
 2181         F.S.; providing that certain surf pools are exempt
 2182         from supervision for specified provisions under
 2183         certain circumstances; providing construction;
 2184         defining the term “surf pool”; amending s. 553.77,
 2185         F.S.; conforming a cross-reference; amending s.
 2186         408.809, F.S.; providing that battery on a specified
 2187         victim is a disqualifying offense for employment in
 2188         certain health care facilities; amending s. 456.0135,
 2189         F.S.; providing that battery on a specified victim is
 2190         a disqualifying offense for licensure as a health care
 2191         practitioner; providing for retroactive applicability
 2192         of specified provisions; providing effective dates.