Senate Bill 1410

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)

    By Senator Brown-Waite





    10-1473B-98

  1                      A bill to be entitled

  2         An act relating to rulemaking authority with

  3         respect to health care professionals (RAB);

  4         amending s. 455.707, F.S.; requiring that rules

  5         of the Department of Health governing treatment

  6         programs for impaired practitioners include

  7         requirements for the continued care and

  8         monitoring of a professional; amending s.

  9         466.036, F.S.; authorizing the Department of

10         Health to require that an applicant for a

11         certificate to operate a dental laboratory

12         provide additional information; amending s.

13         467.006, F.S.; specifying a minimum age for

14         licensure as a midwife; amending s. 467.012,

15         F.S.; providing additional requirements for

16         continuing education programs for licensed

17         midwives; providing that a midwife may fulfill

18         a portion of the requirement for continuing

19         education by performing pro bono services;

20         providing recordkeeping requirements; providing

21         requirements for providers of continuing

22         education programs; amending s. 467.013, F.S.;

23         providing requirements for placing a license to

24         practice midwifery on inactive status and for

25         reactivating such a license; amending ss.

26         467.0135, 467.019, F.S.; providing for the

27         Department of Health to adopt rules with

28         respect to the payment of fees by midwives and

29         recordkeeping requirements; amending s.

30         491.007, F.S.; exempting a certified master

31         social worker from certain requirements for

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1         continuing education; amending s. 491.0145,

  2         F.S.; providing requirements for the

  3         examination for designation as a certified

  4         master social worker; authorizing the

  5         department to adopt rules with respect to

  6         certification requirements; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsection (1) of section 455.707, Florida

12  Statutes, is amended to read:

13         455.707  Treatment programs for impaired

14  practitioners.--

15         (1)  For professions that do not have impaired

16  practitioner programs provided for in their practice acts, the

17  department shall, by rule, designate approved treatment

18  programs under this section. The department may adopt rules

19  setting forth appropriate criteria for approval of treatment

20  providers based on the policies and guidelines established by

21  the Impaired Practitioners Committee.  The rules must specify

22  the manner in which the consultant works with the department

23  in intervention, requirements for evaluating and treating a

24  professional, and requirements for the continued care and

25  monitoring of a professional by the consultant at a

26  department-approved treatment provider.  The department shall

27  not compel any impaired practitioner program in existence on

28  October 1, 1992, to serve additional professions.

29         Section 2.  Section 466.036, Florida Statutes, is

30  amended to read:

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1         466.036  Information and periodic inspections

  2  required.--The department may require from the applicant for a

  3  registration certificate to operate a dental laboratory any

  4  information necessary to carry out the purpose of this

  5  chapter, including proof that the applicant has the equipment

  6  and supplies necessary to operate as determined by rule of the

  7  department, and shall require periodic inspection of all

  8  dental laboratories operating in this state.  Such inspections

  9  shall include, but not be limited to, inspection of sanitary

10  conditions, equipment, supplies, and facilities on the

11  premises.

12         Section 3.  Subsection (1) of section 467.006, Florida

13  Statutes, is amended to read:

14         467.006  Requirements to practice midwifery.--

15         (1)  Any person who seeks to practice midwifery in this

16  state must be at least 21 years of age and must be licensed

17  pursuant to s. 464.012 or this chapter.

18         Section 4.  Section 467.012, Florida Statutes, is

19  amended to read:

20         467.012  Renewal of license.--

21         (1)  The department shall renew a license upon receipt

22  of the renewal application and fee, provided the applicant is

23  in compliance with the provisions of this chapter and rules

24  adopted under this chapter promulgated hereunder.

25         (2)  The department shall adopt rules establishing a

26  procedure for the biennial renewal of licenses.

27         (3)  The department may by rule prescribe continuing

28  education requirements, not to exceed 20 hours biennially, as

29  a condition for renewal of a license.  The criteria for

30  continuing education programs shall be approved by the

31  department. Any individual, institution, organization, or

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1  agency that is approved by the department to provide

  2  continuing education programs to midwives for the purpose of

  3  license renewal must demonstrate that such programs comply

  4  with the following criteria:

  5         (a)  The programs have clinical relevance to the

  6  practice of midwifery;

  7         (b)  The programs are at least 1 clock hour in

  8  duration;

  9         (c)  The programs have an organized structure with

10  objectives and expected outcomes; and

11         (d)  Each presenter, instructor, or facilitator of

12  programs is a recognized professional, such as a physician,

13  nurse, certified nurse midwife, psychologist, or licensed

14  midwife.

15         (4)  The department shall approve, through the adoption

16  of rules, continuing education programs that meet the criteria

17  of this section and have clinical relevance to the practice of

18  midwifery.

19         (5)  A midwife licensed in this state who resides in

20  another state may obtain the continuing education credits

21  required for license renewal by attending a program approved

22  by the agency in the midwife's state of residence which

23  regulates the licensure of health care professionals in that

24  state if such program has clinical relevance to the practice

25  of midwifery.

26         (6)  A licensed midwife may fulfill up to 5 hours of

27  continuing education credit by providing pro bono services for

28  indigent persons or underserved populations in areas of

29  critical need within the state.

30         (7)  In order to authorize continuing education credit

31  for pro bono services, the department shall adopt rules

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1  requiring that a licensee notify the department of his or her

  2  intention of providing these services; the type, nature, and

  3  extent of services to be rendered; the location where the

  4  services will be rendered; the number of patients expected to

  5  be served; and a statement indicating that the patients to be

  6  served are indigent.

  7         (8)  Each midwife shall maintain documentation of pro

  8  bono service for 4 years after the date the credits are used

  9  as a basis for license renewal and shall submit a certified

10  copy of such documentation to the department upon request.

11         (9)  The department shall audit the files of randomly

12  selected licensees to ensure compliance with this section and

13  with rules adopted under this section. The department may take

14  disciplinary action, as established by rule, against a

15  licensee who fails to maintain the required documentation or

16  who submits false or misleading information or documentation

17  to the department.

18         (10)  Any individual, institution, organization, or

19  agency that seeks approval by the department for the purpose

20  of conducting continuing education programs for licensed

21  midwives must apply to the department. The department shall

22  issue a provider number to all approved providers, which

23  number must appear on all documents that relate to each

24  continuing education program conducted by the provider. A

25  provider's approved status remains in effect for the biennium

26  in which such status was granted by the department. The

27  department may renew a provider's approved status if the

28  provider meets the requirements established by the department

29  by rule. An approved provider shall maintain the following

30  records for each continuing education program for 4 years

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1  following the licensure biennium during which the program was

  2  offered:

  3         (a)  A program outline that reflects the educational

  4  objectives of the program;

  5         (b)  The instructor's name;

  6         (c)  The date and location of the program;

  7         (d)  The participants' evaluations of the program;

  8         (e)  The number of clock hours of credit awarded to

  9  each participant; and

10         (f)  A roster of participants by name and license

11  number.

12         (11)  The approved provider of a continuing education

13  program shall certify the participation of any midwife who

14  completes the program by providing the midwife with a

15  certificate or comparable documentation verifying that the

16  midwife completed the program. The department shall adopt

17  rules that establish what the verification must contain.

18         (12)  A presenter of a continuing education program may

19  receive the same amount of credit, on a one-time basis, as the

20  program participants. The presenter must have developed the

21  program, been in attendance for the entire program, and

22  received documentation of completion from the approved

23  provider. A licensee may receive up to three hours of

24  continuing education credit per biennium for presenting

25  programs.

26         (13)  The department may audit or monitor programs and

27  review records and program materials given by any approved

28  provider. The department may rescind a provider's approved

29  status or reject an individual program given by a provider if

30  the program does not have clinical relevance to the practice

31  of midwifery, if any false or misleading information is

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1  disseminated in connection with the continuing education

  2  program, or if the provider fails to conform to and abide by

  3  the conditions outlined in the application and rules of the

  4  department.

  5         Section 5.  Section 467.013, Florida Statutes, is

  6  amended to read:

  7         467.013  Inactive status.--A licensee may request that

  8  his or her license be placed in an inactive status by making

  9  application to the department and paying a fee.

10         (1)  An inactive license may be renewed for one

11  additional biennium upon application to the department and

12  payment of the applicable biennium renewal fee. The department

13  shall establish by rule procedures and fees for applying to

14  place a license on inactive status, renewing an inactive

15  license, and reactivating an inactive license. The fee for any

16  of these procedures may not exceed the biennial renewal fee

17  established by the department.

18         (2)  Any license that is not renewed by the end of the

19  biennium established by the department automatically becomes

20  delinquent unless the licensee has applied for inactive

21  status. Such license may be reactivated only if the licensee

22  meets the requirements for reactivating the license

23  established by department rule.

24         (3)  A midwife who desires to reactivate an inactive

25  license shall apply to the department, complete the

26  reactivation application, remit the applicable fees, and

27  submit proof of compliance with the requirements for

28  continuing education established by department rule.

29         (4)  Each licensed midwife whose license has been

30  placed on inactive status for more than 1 year must complete

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
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  1  continuing education hours as a condition of reactivating the

  2  inactive license.

  3         (5)  The licensee shall submit to the department

  4  evidence of participation in 10 hours of continuing education,

  5  approved by the department and clinically related to the

  6  practice of midwifery, for each year of the biennium in which

  7  the license was inactive. This requirement is in addition to

  8  submitting evidence of completing the continuing education

  9  required for the most recent biennium in which the licensee

10  held an active license.

11         Section 6.  Section 467.0135, Florida Statutes, is

12  amended to read:

13         467.0135  Fees.--The department shall establish fees

14  for application, examination, initial licensure, renewal of

15  licensure, licensure by endorsement, inactive status,

16  delinquent status, and reactivation of an inactive license.

17  The appropriate fee must be paid at the time of application

18  and is payable to the Department of Health, in accordance with

19  rules adopted by the department. A fee is nonrefundable,

20  unless otherwise provided by rule. A fee, which may not

21  exceed:

22         (1)  Five hundred dollars for examination.

23         (2)  Five hundred dollars for initial licensure.

24         (3)  Five hundred dollars for renewal of licensure.

25         (4)  Two hundred dollars for application, which fee is

26  nonrefundable.

27         (5)  Five hundred dollars for reactivation of an

28  inactive license.

29         (6)  Five hundred dollars for licensure by endorsement.

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1  A No fee for inactive status, reactivation of an inactive

  2  license, or delinquency may not exceed the fee established by

  3  the department for biennial renewal of an active license. All

  4  fees collected under this section shall be deposited in the

  5  Professional Regulation Trust Fund.

  6         Section 7.  Subsections (4), (5), (6), and (7) are

  7  added to section 467.019, Florida Statutes, to read:

  8         467.019  Records and reports.--

  9         (4)  The department shall adopt rules requiring that a

10  midwife keep a record of each patient served. Such record must

11  document, but need not be limited to, each consultation,

12  referral, transport, transfer of care, and emergency care

13  rendered by the midwife and must include all subsequent

14  updates and copy of the birth certificate. These records shall

15  be kept on file for a minimum of 5 years following the date of

16  the last entry in the records.

17         (5)  Within 90 days after the death of a midwife, the

18  estate or agent shall place all patient records of the

19  deceased midwife in the care of another midwife licensed in

20  this state who shall ensure that each patient of the deceased

21  midwife is notified in writing.

22         (6)  The department shall adopt rules to provide for

23  maintaining patient records of a deceased midwife or a midwife

24  who terminates or relocates a private practice.

25         (7)  A licensed midwife who is or has been employed by

26  a practice or facility, such as a birth center, which

27  maintains patient records as records belonging to the facility

28  may review patient records on the premises of the practice or

29  facility as necessary for statistical purposes.

30         Section 8.  Subsection (2) of section 491.007, Florida

31  Statutes, is amended to read:

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1         491.007  Renewal of license, registration, or

  2  certificate.--

  3         (2)  Each applicant for renewal shall present

  4  satisfactory evidence that, in the period since the license or

  5  certificate was issued, the applicant has completed continuing

  6  education requirements set by rule of the board or department.

  7  Not more than 25 classroom hours of continuing education per

  8  year shall be required. A certified master social worker is

  9  exempt from the continuing education requirements for the

10  first renewal of the certificate.

11         Section 9.  Subsections (1) and (3) of section

12  491.0145, Florida Statutes, are amended to read:

13         491.0145  Certified master social worker.--The

14  department may certify an applicant for a designation as a

15  certified master social worker upon the following conditions:

16         (1)  The applicant completes an application to be

17  provided by the department and pays a fee not to exceed $250

18  to be established by rule of the department.  The completed

19  application must be received by the department at least 60

20  days before the date of the examination in order for the

21  applicant to qualify to take the scheduled exam.

22         (3)  The applicant has had at least 3 years'

23  experience, as defined by rule, including, but not limited to,

24  clinical services or administrative activities as defined in

25  subsection (2), 2 years of which must be at the post-master's

26  level under the supervision of a person who meets the

27  education and experience requirements for certification as a

28  certified master social worker, as defined by rule, or

29  licensure as a clinical social worker under this chapter.  A

30  doctoral internship may be applied toward the supervision

31  requirement.

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    Florida Senate - 1998                 SB 1410 (Corrected Copy)
    10-1473B-98




  1         Section 10.  This act shall take effect July 1, 1998.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Provides additional rulemaking authority to the
      Department of Health and various boards under its
  6    jurisdiction. Provides additional requirements for the
      rules governing the treatment programs for impaired
  7    practitioners. Provides additional requirements for
      licensed midwives. Provides for pro bono services by a
  8    licensed midwife to fulfill certain requirements for
      continuing education. Provides additional recordkeeping
  9    requirements for midwives. Authorizes the Department of
      Health to adopt rules governing the certification
10    requirements for master social workers. (See bill for
      details.)
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