CODING: Words stricken are deletions; words underlined are additions.House Bill 2013e1
HB 2013, First Engrossed
1 A bill to be entitled
2 An act relating to regulation of health care
3 professions; amending s. 402.48, F.S., relating
4 to health care services pools; increasing the
5 period of registration; updating a definition
6 and a provision relating to meeting financial
7 responsibility requirements; amending s.
8 457.102, F.S.; revising definitions applicable
9 to the regulation of acupuncture; amending s.
10 457.105, F.S.; revising qualifications for
11 licensure to practice acupuncture; revising
12 fees; conforming terminology; amending s.
13 457.107, F.S.; revising licensure renewal fees;
14 conforming terminology; amending s. 457.1085,
15 F.S.; revising requirements on the adoption of
16 rules relating to infection control and on the
17 use of acupuncture needles; amending ss.
18 457.103, 457.108, 457.109, and 457.116, F.S.,
19 to conform; amending s. 458.303, F.S.;
20 eliminating references to physician's trained
21 assistants; amending s. 458.305, F.S.; updating
22 the definition of "department"; amending s.
23 458.307, F.S.; revising provisions relating to
24 probable cause panels of the Board of Medicine;
25 amending s. 455.206, F.S.; correcting a cross
26 reference, to conform; amending s. 458.311,
27 F.S.; revising requirements for licensure of
28 physicians by examination; revising an
29 educational and postgraduate training
30 requirement; allowing certain applicants to
31 complete a specified fellowship to partially
1
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HB 2013, First Engrossed
1 satisfy the licensing requirements; providing
2 for additional remedial education or training
3 upon failure to pass the licensing examination
4 after a certain number of attempts; authorizing
5 persons in certain training programs to take
6 the examination under certain circumstances;
7 amending s. 458.313, F.S.; revising
8 requirements for licensure of physicians by
9 endorsement; eliminating a provision
10 authorizing oral examinations; providing for
11 additional remedial education or training upon
12 failure to pass the licensing examination after
13 a certain number of attempts; authorizing
14 additional requirements prior to certification
15 of eligibility for licensure; correcting a
16 cross reference; eliminating a provision
17 authorizing licensure under a period of
18 supervision; providing conditions for
19 reactivation of certain licenses issued by
20 endorsement; amending s. 458.317, F.S.,
21 relating to limited licenses; eliminating the
22 requirement that applicants for a limited
23 license be retired from the practice of
24 medicine; restricting certain limited licensees
25 to noncompensated practice; requiring the
26 payment of fees if a person receives
27 compensation for the practice of medicine;
28 amending s. 458.319, F.S.; clarifying
29 requirements for renewal of license to practice
30 medicine; revising recent-practice
31 requirements; amending s. 458.320, F.S.;
2
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HB 2013, First Engrossed
1 correcting a cross reference; requiring
2 physicians not carrying medical malpractice
3 insurance to post notice and provide a written
4 statement thereof; providing for acknowledgment
5 that the patient has been so informed; amending
6 s. 458.331, F.S.; revising and providing
7 grounds for disciplinary action; providing
8 penalties; creating s. 458.3312, F.S.;
9 prohibiting physicians from falsely
10 representing that they are board-certified
11 specialists; amending s. 458.345, F.S.,
12 relating to registration of resident
13 physicians, interns, and fellows; providing for
14 designation of a person responsible at each
15 hospital using such residents for the
16 hospital's semiannual reports to the
17 department; requiring certain notice to the
18 executive director of the board; providing that
19 registrants are subject to specified
20 disciplinary provisions; providing requirements
21 for the prescribing of medicinal drugs and
22 controlled substances; amending s. 458.346,
23 F.S.; providing for meetings of the Public
24 Sector Physician Advisory Committee; amending
25 ss. 458.347 and 459.022, F.S.; revising
26 requirements for certification as a physician
27 assistant; updating terminology; amending s.
28 458.3485, F.S.; requiring medical assistants to
29 be under the direct supervision of a licensed
30 physician; creating ss. 458.351 and 459.025,
31 F.S.; requiring serious incident reports;
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HB 2013, First Engrossed
1 providing for rules; amending s. 459.003, F.S.;
2 updating the definition of "department";
3 providing that certain terms are equivalent;
4 amending s. 459.021, F.S.; revising terminology
5 relating to osteopathic medicine; revising
6 provisions relating to registration of resident
7 physicians, interns, and fellows; providing for
8 designation of a person responsible at each
9 hospital using such residents for the
10 hospital's semiannual reports to the
11 department; requiring certain notice to the
12 executive director of the board; providing that
13 registrants are subject to specified
14 disciplinary provisions; amending s. 459.0075,
15 F.S., relating to limited licenses; eliminating
16 the requirement that applicants for a limited
17 license be retired from the practice of
18 osteopathic medicine; restricting certain
19 limited licensees to noncompensated practice;
20 requiring the payment of fees if a person
21 receives compensation for the practice of
22 osteopathic medicine; amending s. 459.0085,
23 F.S.; correcting a cross reference; requiring
24 osteopathic physicians not carrying medical
25 malpractice insurance to post notice and
26 provide a written statement thereof; providing
27 for acknowledgment that the patient has been so
28 informed; amending s. 459.015, F.S.; revising
29 and providing grounds for disciplinary action;
30 providing penalties; creating s. 459.0152,
31 F.S.; prohibiting osteopathic physicians from
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HB 2013, First Engrossed
1 falsely representing that they are
2 board-certified specialists; amending ss.
3 240.4067, 390.011, 395.0191, 408.035, 409.905,
4 415.102, 415.1034, 415.504, 440.106, 440.13,
5 440.134, 440.15, 456.31, 459.006, 462.01,
6 468.301, 468.302, 476.044, 477.0135, 483.291,
7 621.03, 627.351, 627.357, 627.6482, 725.01,
8 766.101, 766.103, 766.105, 766.110, 817.234,
9 and 945.047, F.S.; conforming and correcting
10 terminology relating to osteopathic medicine;
11 amending s. 460.403, F.S.; updating the
12 definition of "department"; amending s.
13 460.413, F.S.; revising grounds for
14 disciplinary action; providing penalties;
15 providing criteria for determining the
16 applicable penalty; providing certain
17 evidentiary standards; providing authority and
18 procedure to enjoin a chiropractor from
19 providing medical services under certain
20 circumstances; reenacting ss. 320.0848(9),
21 455.236(4)(g), and 766.111(2), F.S., relating
22 to parking permits for disabled persons,
23 prohibited referrals to home health agencies,
24 and unnecessary diagnostic testing, to
25 incorporate the amendment to s. 460.413, F.S.,
26 in references thereto; amending s. 460.4165,
27 F.S.; revising a provision relating to the fee
28 accompanying applications to supervise
29 chiropractic physician's assistants; amending
30 s. 461.003, F.S.; updating the definition of
31 "department"; amending s. 461.013, F.S.;
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HB 2013, First Engrossed
1 revising a ground for disciplinary action;
2 providing penalties; amending s. 461.018, F.S.;
3 clarifying a provision relating to the limited
4 practice of podiatry in designated areas of
5 need; amending s. 464.003, F.S.; revising a
6 definition to update authority over regulation
7 of nursing; amending ss. 464.004, 464.008,
8 464.009, 464.012, 464.013, and 464.014, F.S.,
9 to conform; amending s. 464.018, F.S.; revising
10 grounds for disciplinary action; providing
11 penalties; conforming terminology; amending s.
12 464.019, F.S., relating to approval of nursing
13 programs; providing for a program review fee;
14 conforming terminology; creating s. 464.0205,
15 F.S.; providing for certification of retired
16 volunteer nurses; providing requirements,
17 qualifications, fees, and restrictions;
18 amending s. 464.022, F.S.; providing an
19 exemption from regulation relating to certain
20 nurses accompanying and caring for patients
21 temporarily residing in this state; amending s.
22 465.003, F.S.; updating the definition of
23 "department"; amending s. 465.004, F.S.;
24 increasing the membership of the Board of
25 Pharmacy; revising membership qualifications;
26 amending s. 465.014, F.S.; increasing the
27 number of pharmacy technicians who may be
28 supervised by a licensed pharmacist; amending
29 s. 465.0156, F.S.; revising information
30 required for registration of nonresident
31 pharmacies; amending s. 465.016, F.S.; revising
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HB 2013, First Engrossed
1 a ground for disciplinary action; providing
2 penalties; amending s. 465.035, F.S.; allowing
3 the dispensing of controlled substances based
4 on electronic facsimiles of the original
5 prescriptions; amending s. 466.003, F.S.;
6 updating the definition of "department";
7 amending s. 466.006, F.S., relating to the
8 examination of dentists; revising prerequisites
9 for certain applicants to take the examination;
10 amending s. 466.017, F.S.; eliminating obsolete
11 provisions relating to the utilization of
12 general anesthesia and parenteral conscious
13 sedation by licensed dentists; amending s.
14 466.028, F.S.; revising grounds for
15 disciplinary action; providing penalties;
16 amending s. 468.1115, F.S.; revising and
17 providing exemptions from regulation as a
18 speech-language pathologist or audiologist;
19 amending s. 468.1125, F.S.; updating the
20 definition of "department"; amending s.
21 468.1155, F.S.; revising provisional licensure
22 requirements; providing requirements for
23 cross-discipline licensure; amending s.
24 468.1185, F.S.; revising licensure
25 requirements; conforming a reference; amending
26 s. 468.1195, F.S.; revising continuing
27 education requirements; providing for adoption
28 of standards of approval of continuing
29 education providers; creating s. 468.1201,
30 F.S.; requiring instruction on human
31 immunodeficiency virus and acquired immune
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HB 2013, First Engrossed
1 deficiency syndrome as a condition of being
2 granted a license or certificate to practice
3 speech-language pathology or audiology;
4 amending s. 468.1215, F.S.; revising
5 requirements for certification as a
6 speech-language pathology or audiology
7 assistant; conforming a reference; amending s.
8 468.1245, F.S.; revising language relating to
9 certain complaints concerning hearing aids;
10 amending s. 468.1295, F.S.; revising and
11 providing grounds for disciplinary action;
12 revising and providing penalties; creating s.
13 468.1296, F.S.; prohibiting sexual misconduct
14 in the practice of speech-language pathology
15 and audiology, for which there are penalties;
16 amending s. 468.1655, F.S.; updating the
17 definition of "department"; amending s.
18 468.1695, F.S.; reducing the number of times a
19 year the examination for licensure as a nursing
20 home administrator must be given; amending s.
21 468.203, F.S.; revising definitions applicable
22 to regulation of occupational therapy; amending
23 s. 468.205, F.S.; replacing the Occupational
24 Therapy Council with a Board of Occupational
25 Therapy Practice; providing for qualifications,
26 appointments, and terms of board members;
27 providing for the filling of vacancies on the
28 board; amending s. 468.209, F.S.; revising
29 educational requirements for licensure as an
30 occupational therapist or occupational therapy
31 assistant; providing for licensure of certain
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HB 2013, First Engrossed
1 applicants without meeting such educational
2 requirements; providing for certain temporary
3 permits; requiring documentation of continuing
4 education for certain applicants; amending s.
5 468.211, F.S.; providing a restriction on the
6 number of times an applicant may fail the
7 examination and requiring remediation after a
8 certain number; amending s. 468.213, F.S.;
9 revising requirements for licensure by
10 endorsement; amending s. 468.225, F.S.;
11 providing exemptions from regulation of
12 occupational therapy; amending ss. 468.351,
13 468.352, 468.354, 468.355, 468.356, 468.357,
14 468.358, 468.359, 468.36, 468.361, 468.363,
15 468.364, 468.365, 468.366, and 468.368, F.S.,
16 and transferring and amending s. 468.362, F.S.;
17 providing for licensure of respiratory care
18 practitioners and respiratory therapists;
19 eliminating references to certification and
20 registration; updating the definition of
21 "department"; revising terminology; revising
22 approval of educational programs; eliminating
23 annual continuing education requirements for
24 certain persons; providing penalties; amending
25 s. 478.42, F.S.; updating the definition of
26 "department"; amending s. 478.45, F.S.;
27 revising requirements for licensure as an
28 electrologist; amending s. 478.46, F.S.;
29 revising requirements relating to issuance of
30 temporary permits; correcting a cross reference
31 and terminology; amending s. 478.47, F.S.;
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HB 2013, First Engrossed
1 revising requirements for licensure by
2 endorsement; amending s. 478.52, F.S.;
3 prohibiting the operation of unlicensed
4 electrolysis facilities; providing penalties;
5 amending s. 480.033, F.S.; revising the
6 definition of "board"; updating the definition
7 of "department"; amending s. 480.034, F.S.;
8 eliminating an exemption from regulation
9 applicable to certain skin treatments and
10 weight-loss programs; amending s. 480.035,
11 F.S.; renaming the Board of Massage as the
12 Board of Massage Therapy; amending s. 480.041,
13 F.S.; eliminating provisional licensure to
14 practice massage therapy; amending s. 480.0415,
15 F.S.; authorizing an increase in the number of
16 classroom hours of continuing education that
17 may be required for renewal of a license to
18 practice massage therapy; amending s. 480.042,
19 F.S.; revising what examinations must measure;
20 repealing s. 480.0425, F.S., relating to
21 inactive status; amending s. 480.043, F.S.;
22 revising provisions relating to the transfer of
23 licenses; amending s. 480.044, F.S.; revising
24 provisions relating to fees; amending s.
25 480.047, F.S.; prohibiting the practice of
26 massage therapy without a license unless
27 exempted from licensure; creating s. 480.0485,
28 F.S.; prohibiting sexual misconduct in the
29 practice of massage therapy, for which there
30 are disciplinary actions; amending s. 20.43,
31 F.S., relating to the Department of Health;
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HB 2013, First Engrossed
1 conforming terminology; updating a reference;
2 amending s. 381.81, F.S., to conform; amending
3 s. 483.800, F.S.; revising policy and purpose
4 relating to regulation of clinical laboratory
5 personnel; amending s. 483.801, F.S.; providing
6 a regulatory exemption relating to advanced
7 registered nurse practitioners; amending s.
8 483.803, F.S.; updating the definition of
9 "department"; providing definitions; amending
10 s. 483.809, F.S.; revising licensing
11 provisions; authorizing an alternative
12 examination for public health laboratory
13 scientists; creating s. 483.812, F.S.;
14 providing for licensure of public health
15 laboratory scientists; amending s. 483.813,
16 F.S.; extending the period of a temporary
17 license for clinical laboratory personnel;
18 providing a period for a conditional license;
19 amending s. 483.823, F.S.; revising provisions
20 relating to qualifications of clinical
21 laboratory personnel; amending s. 483.825,
22 F.S.; revising and providing grounds for
23 disciplinary action; providing penalties;
24 creating s. 483.828, F.S.; providing penalties
25 for specified violations; amending s. 483.901,
26 F.S., the "Florida Medical Physicists Act";
27 providing that the Advisory Council of Medical
28 Physicists is an advisory rather than a
29 regulatory body; increasing the number and
30 terms of council members; clarifying initial
31 and other appointment provisions; revising
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HB 2013, First Engrossed
1 provisions relating to council meetings;
2 revising licensure requirements; clarifying
3 that the required continuing education hours
4 are to be satisfied biennially and that the
5 organizations providing such education must be
6 approved by the Department of Health; revising
7 and providing grounds for disciplinary action;
8 revising and providing criminal acts; providing
9 an administrative fine; providing penalties;
10 eliminating a provision authorizing a licensure
11 exception; amending s. 484.041, F.S.; updating
12 the definition of "department"; amending s.
13 484.042, F.S.; updating a reference, to
14 conform; amending s. 484.051, F.S.; updating a
15 reference, to conform; amending s. 486.021,
16 F.S.; updating the definition of "department";
17 amending s. 486.023, F.S.; increasing the
18 membership of the Board of Physical Therapy
19 Practice; amending ss. 486.031 and 486.081,
20 F.S.; providing an alternative licensure
21 examination; revising accreditation provisions
22 relating to licensure as a physical therapist;
23 amending s. 486.041, F.S.; revising provisions
24 relating to applying for a license as a
25 physical therapist and to the fee therefor;
26 amending s. 486.051, F.S.; revising provisions
27 relating to examination of applicants for
28 licensure as a physical therapist; amending s.
29 486.102, F.S.; revising accreditation
30 provisions relating to licensure as a physical
31 therapist assistant; amending s. 486.103, F.S.;
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HB 2013, First Engrossed
1 revising provisions relating to applying for a
2 license as a physical therapist assistant and
3 to the fee therefor; amending s. 486.104, F.S.;
4 revising provisions relating to examination of
5 applicants for licensure as a physical
6 therapist assistant; creating s. 486.123, F.S.;
7 prohibiting sexual misconduct in the practice
8 of physical therapy, for which there are
9 disciplinary actions; amending s. 486.125,
10 F.S.; providing for recovery of the actual
11 costs of investigation and prosecution;
12 amending s. 641.495, F.S.; requiring a health
13 maintenance organization to designate as
14 medical director a state-licensed physician or
15 osteopathic physician; amending s. 499.012,
16 F.S.; clarifying and providing for additional
17 wholesale distribution exceptions; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (a) of subsection (1), subsection
23 (4), and paragraph (g) of subsection (8) of section 402.48,
24 Florida Statutes, 1996 Supplement, are amended to read:
25 402.48 Health care services pools.--
26 (1) As used in this section, the term:
27 (a) "Department" means the Department of Health
28 Business and Professional Regulation.
29 (4) Each registration shall be for a period of 2 years
30 1 year. A new registration is required upon the sale of a
31 controlling interest in a health care services pool.
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HB 2013, First Engrossed
1 (8)
2 (g) Meeting the financial responsibility requirements
3 of this section must be established at the time of issuance or
4 renewal of a certificate of registration on or after January
5 1, 1991.
6 Section 2. Section 457.102, Florida Statutes, is
7 amended to read:
8 457.102 Definitions.--As used in this chapter:
9 (1) "Acupuncture" means a form of primary health care,
10 based on traditional Chinese medical concepts, that employs
11 acupuncture diagnosis and treatment, as well as adjunctive
12 therapies and diagnostic techniques, for the promotion,
13 maintenance, and restoration of health and the prevention of
14 disease. Acupuncture shall include, but not be limited to, the
15 insertion of acupuncture needles and the application of
16 moxibustion to specific areas of the human body.
17 (2) "Acupuncturist" means any person licensed
18 certified as provided in this chapter to practice acupuncture
19 as a primary health care provider.
20 (3) "Board" means the Board of Acupuncture.
21 (4) "License Certificate" means the document of
22 authorization issued by the department for a person to engage
23 in the practice of acupuncture.
24 (5) "Department" means the Department of Health
25 Business and Professional Regulation.
26 Section 3. Subsection (1) of section 457.103, Florida
27 Statutes, is amended to read:
28 457.103 Board of Acupuncture; membership; appointment
29 and terms.--
30 (1) The Board of Acupuncture is created within the
31 department and shall consist of five members, to be appointed
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HB 2013, First Engrossed
1 by the Governor and confirmed by the Senate. Three members of
2 the board must be licensed certified Florida acupuncturists.
3 Two members must be laypersons who are not and who have never
4 been acupuncturists or members of any closely related
5 profession. Members shall be appointed for 4-year terms or for
6 the remainder of the unexpired term of a vacancy.
7 Section 4. Section 457.105, Florida Statutes, is
8 amended to read:
9 457.105 Licensure Certification qualifications and
10 fees.--
11 (1) It is unlawful for any person to practice
12 acupuncture in this state unless such person has been licensed
13 certified by the board, is in a board-approved tutorial
14 program or course of study, or is otherwise exempted by this
15 chapter.
16 (2) A person may become licensed certified to practice
17 acupuncture if the person applies to the department and
18 applicant:
19 (a) Is 18 years of age or older and meets one of the
20 following criteria:
21 1. He is a citizen of the United States;
22 2. He is a permanent resident of the United States; or
23 3. He is a legal alien who has resided in the United
24 States for 6 months immediately prior to qualifying for
25 examination;
26 (b) Has completed 60 college credits from an
27 accredited postsecondary institution as a prerequisite to
28 enrollment in an authorized 3-year course of study in
29 acupuncture, and has completed a 3-year course of study in
30 acupuncture, and effective July 31, 2001, a 4-year course of
31 study in acupuncture, which meets standards established by the
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HB 2013, First Engrossed
1 board by rule, which standards include successful completion
2 of academic courses in western anatomy, western physiology,
3 western pathology, and western biomedical terminology.
4 However, any person who enrolled in an authorized course of
5 study in acupuncture before August 1, 1997, must have
6 completed only the following:
7 1. a 2-year course of study which meets standards
8 established by the board by rule, which standards must shall
9 include, but are not limited to, successful completion of
10 academic courses in western anatomy, western physiology, and
11 western pathology;
12 2. A 2-year tutorial program which meets standards
13 established by the board by rule, which standards shall
14 include, but are not limited to, successful completion of
15 academic courses in western anatomy, western physiology, and
16 western pathology. Prior to entrance in a tutorial program, an
17 individual shall have been approved by the board, registered
18 with the department, and paid a registration fee not to exceed
19 $200 as set by rule of the board. Such tutorial program shall
20 be of a continuous nature for not less than 2 years under the
21 supervision of an acupuncturist certified under this chapter
22 and shall have commenced after October 1, 1986. A person
23 enrolled in a tutorial program approved by the board prior to
24 October 1, 1986, may complete that program to meet the
25 requirement for such training; or
26 3. At least 5 years of experience as an acupuncturist
27 pursuant to standards and criteria established by board rule;
28 (c) Has successfully completed a board-approved
29 national certification process, is actively licensed in a
30 state that which has examination requirements that are
31 substantially equivalent to or more stringent than those of
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HB 2013, First Engrossed
1 this state, or passes an examination administered by the
2 department, which examination tests the applicant's competency
3 and knowledge of the practice of acupuncture. At the request
4 of any applicant, oriental nomenclature for the points shall
5 be used in the examination. The examination shall include a
6 practical examination of the knowledge and skills required to
7 practice acupuncture, covering diagnostic and treatment
8 techniques and procedures; and
9 (d) Pays the required fees set by the board by rule
10 not to exceed the following amounts:
11 1. Examination fee: $500 $1,000 plus the actual per
12 applicant cost to the department for purchase of the written
13 and practical portions of the examination from the National
14 Commission for the Certification of Acupuncturists or a
15 similar national organization approved by the board.
16 2. Application fee: $300 $750.
17 3. Reexamination fee: $500 $1,000 plus the actual per
18 applicant cost to the department for purchase of the written
19 and practical portions of the examination from the National
20 Commission for the Certification of Acupuncturists or a
21 similar national organization approved by the board.
22 4. Initial biennial licensure certification fee:
23 $400, if licensed in the first half of the biennium, and $200,
24 if licensed in the second half of the biennium $2,000.
25 Section 5. Section 457.107, Florida Statutes, is
26 amended to read:
27 457.107 Renewal of licenses certificates; continuing
28 education.--
29 (1) The department shall renew a license certificate
30 upon receipt of the renewal application and the fee set by the
31 board by rule, not to exceed $700 $1,000.
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HB 2013, First Engrossed
1 (2) The department shall adopt rules establishing a
2 procedure for the biennial renewal of licenses certificates.
3 (3) The board shall by rule prescribe continuing
4 education requirements, not to exceed 30 hours biennially, as
5 a condition for renewal of a license certificate. The criteria
6 for such programs or courses shall be approved by the board.
7 In order to meet continuing education requirements, prior
8 approval by the board of such programs or courses is required.
9 All education programs that contribute to the advancement,
10 extension, or enhancement of professional skills and knowledge
11 related to the practice of acupuncture, whether conducted by a
12 nonprofit or profitmaking entity, are eligible for approval.
13 The board shall have the authority to set a fee, not to exceed
14 $100, for each continuing education provider or program
15 submitted for approval.
16 Section 6. Section 457.108, Florida Statutes, is
17 amended to read:
18 457.108 Inactive status; expiration; reactivation of
19 licenses certificates.--
20 (1) A license certificate that has become inactive may
21 be reactivated under this section upon application to the
22 department. The board shall prescribe by rule continuing
23 education requirements as a condition of reactivating a
24 license certificate. The continuing education requirements for
25 reactivating a license certificate must not exceed 10
26 classroom hours for each year the license certificate was
27 inactive, in addition to completion of the number of hours
28 required for renewal on the date the license certificate
29 became inactive.
30 (2) The board shall adopt rules relating to
31 application procedures for inactive status, renewal of
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HB 2013, First Engrossed
1 inactive licenses certificates, and reactivation of licenses
2 certificates. The board shall prescribe by rule an application
3 fee for inactive status, a renewal fee for inactive status, a
4 delinquency fee, and a fee for the reactivation of a license
5 certificate. None of these fees may exceed the biennial
6 renewal fee established by the board for an active license
7 certificate.
8 (3) The department shall not reactivate a license
9 certificate unless the inactive or delinquent licensee
10 certificateholder has paid any applicable biennial renewal or
11 delinquency fee, or both, and a reactivation fee.
12 Section 7. Section 457.1085, Florida Statutes, is
13 amended to read:
14 457.1085 Infection control.--Prior to November 1,
15 1986, the board shall adopt rules relating to the prevention
16 of infection, the sterilization of needles and other equipment
17 or materials capable of transmitting possible infection, the
18 safe disposal of any potentially infectious materials, and
19 other requirements to protect the health, safety, and welfare
20 of the public. Beginning October 1, 1997, all acupuncture
21 needles that are to be used on a patient must be sterile and
22 disposable, and each needle may be used only once. Acupuncture
23 needles shall be thoroughly cleansed with an antiseptic
24 solution and hot water prior to sterilization by autoclave.
25 Presterilized, prewrapped, disposable needles may be used.
26 Section 8. Section 457.109, Florida Statutes, is
27 amended to read:
28 457.109 Disciplinary actions; grounds; action by the
29 board.--
30
31
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HB 2013, First Engrossed
1 (1) The following acts shall constitute grounds for
2 which the disciplinary actions specified in subsection (2) may
3 be taken:
4 (a) Attempting to obtain, obtaining, or renewing a
5 license certificate to practice acupuncture by bribery, by
6 fraudulent misrepresentations, or through an error of the
7 department.
8 (b) Having a license certificate to practice
9 acupuncture revoked, suspended, or otherwise acted against,
10 including the denial of licensure certification, by the
11 licensing authority of another state, territory, or country.
12 (c) Being convicted or found guilty, regardless of
13 adjudication, in any jurisdiction of a crime which directly
14 relates to the practice of acupuncture or to the ability to
15 practice acupuncture. Any plea of nolo contendere shall be
16 considered a conviction for purposes of this chapter.
17 (d) False, deceptive, or misleading advertising or
18 advertising which claims that acupuncture is useful in curing
19 any disease.
20 (e) Advertising, practicing, or attempting to practice
21 under a name other than one's own.
22 (f) Failing to report to the department any person who
23 the licensee certificateholder knows is in violation of this
24 chapter or of the rules of the department.
25 (g) Aiding, assisting, procuring, employing, or
26 advising any unlicensed uncertified person to practice
27 acupuncture contrary to this chapter or to a rule of the
28 department.
29 (h) Failing to perform any statutory or legal
30 obligation placed upon a licensed certified acupuncturist.
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1 (i) Making or filing a report which the licensee
2 certificateholder knows to be false, intentionally or
3 negligently failing to file a report or record required by
4 state or federal law, willfully impeding or obstructing such
5 filing or inducing another person to do so. Such reports or
6 records shall include only those which are signed in the
7 capacity as a licensed certified acupuncturist.
8 (j) Exercising influence within a
9 patient-acupuncturist relationship for purposes of engaging a
10 patient in sexual activity. A patient shall be presumed to be
11 incapable of giving free, full, and informed consent to sexual
12 activity with his acupuncturist.
13 (k) Making deceptive, untrue, or fraudulent
14 representations in the practice of acupuncture or employing a
15 trick or scheme in the practice of acupuncture when such
16 scheme or trick fails to conform to the generally prevailing
17 standards of treatment in the community.
18 (l) Soliciting patients, either personally or through
19 an agent, through the use of fraud, intimidation, undue
20 influence, or a form of overreaching or vexatious conduct. A
21 solicitation is any communication which directly or implicitly
22 requests an immediate oral response from the recipient.
23 (m) Failing to keep written medical records justifying
24 the course of treatment of the patient.
25 (n) Exercising influence on the patient to exploit the
26 patient for the financial gain of the licensee
27 certificateholder or of a third party.
28 (o) Being unable to practice acupuncture with
29 reasonable skill and safety to patients by reason of illness
30 or use of alcohol, drugs, narcotics, chemicals, or any other
31 type of material or as a result of any mental or physical
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1 condition. In enforcing this paragraph, upon a finding of the
2 secretary or his designee that probable cause exists to
3 believe that the licensee certificateholder is unable to serve
4 as an acupuncturist due to the reasons stated in this
5 paragraph, the department shall have the authority to issue an
6 order to compel the licensee certificateholder to submit to a
7 mental or physical examination by a physician designated by
8 the department. If the licensee certificateholder refuses to
9 comply with such order, the department's order directing such
10 examination may be enforced by filing a petition for
11 enforcement in the circuit court where the licensee
12 certificateholder resides or serves as an acupuncturist. The
13 licensee certificateholder against whom the petition is filed
14 shall not be named or identified by initials in any public
15 court record or document, and the proceedings shall be closed
16 to the public. The department shall be entitled to the summary
17 procedure provided in s. 51.011. An acupuncturist affected
18 under this paragraph shall at reasonable intervals be afforded
19 an opportunity to demonstrate that he can resume the competent
20 practice of acupuncture with reasonable skill and safety to
21 patients. In any proceeding under this paragraph, neither the
22 record of proceedings nor the orders entered by the department
23 shall be used against an acupuncturist in any other
24 proceeding.
25 (p) Gross or repeated malpractice or the failure to
26 practice acupuncture with that level of care, skill, and
27 treatment which is recognized by a reasonably prudent similar
28 acupuncturist as being acceptable under similar conditions and
29 circumstances.
30 (q) Practicing or offering to practice beyond the
31 scope permitted by law or accepting and performing
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1 professional responsibilities which the licensee
2 certificateholder knows or has reason to know that he is not
3 competent to perform.
4 (r) Delegating professional responsibilities to a
5 person when the licensee certificateholder delegating such
6 responsibilities knows or has reason to know that such person
7 is not qualified by training, experience, or licensure
8 certification to perform them.
9 (s) Violating any provision of this chapter, a rule of
10 the department, or a lawful order of the department previously
11 entered in a disciplinary hearing or failing to comply with a
12 lawfully issued subpoena of the department.
13 (t) Conspiring with another to commit an act, or
14 committing an act, which would tend to coerce, intimidate, or
15 preclude another licensee certificateholder from lawfully
16 advertising his services.
17 (u) Fraud or deceit or gross negligence, incompetence,
18 or misconduct in the operation of a tutorial program or a
19 course of study.
20 (v) Failing to comply with state, county, or municipal
21 regulations or reporting requirements relating to public
22 health and the control of contagious and infectious diseases.
23 (w) Failing to comply with any rule of the board
24 relating to health and safety, including, but not limited to,
25 the sterilization of needles and equipment and the disposal of
26 potentially infectious materials.
27 (2) When the board finds any person guilty of any of
28 the acts set forth in subsection (1), it may enter an order
29 imposing one or more of the following penalties:
30 (a) Refusal to certify to the department an
31 application for licensure.
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1 (b) Revocation or suspension of a license certificate.
2 (c) Restriction of practice.
3 (d) Imposition of an administrative fine not to exceed
4 $1,000 for each count or separate offense.
5 (e) Issuance of a reprimand.
6 (f) Placement of the acupuncturist on probation for a
7 period of time and subject to such conditions as the board may
8 specify.
9 (3) The department shall not reinstate the license
10 certificate of an acupuncturist, or cause a license
11 certificate to be issued to a person it has deemed to be
12 unqualified, until such time as the board is satisfied that he
13 has complied with all the terms and conditions set forth in
14 the final order and that he is capable of safely engaging in
15 the practice of acupuncture.
16 Section 9. Section 457.116, Florida Statutes, is
17 amended to read:
18 457.116 Prohibited acts; penalty.--
19 (1) It is unlawful for any person to:
20 (a) Hold himself out as a certified or licensed
21 acupuncturist unless licensed under this chapter certified as
22 provided herein.
23 (b) Practice acupuncture or attempt to practice
24 acupuncture without an active license certificate or as
25 otherwise permitted by board rule established under the
26 authority of s. 457.105(2)(b) or as otherwise provided by this
27 chapter.
28 (c) Obtain or attempt to obtain or obtain a license
29 certificate to practice acupuncture by fraudulent
30 misrepresentation.
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1 (d) Permit an employed person to engage in the
2 practice of acupuncture unless such person holds an active
3 license certificate as an acupuncturist, except as otherwise
4 provided by this chapter.
5 (2) Any person who violates any provision of this
6 section commits is guilty of a misdemeanor of the second
7 degree, punishable as provided in s. 775.082 or s. 775.083.
8 Section 10. Subsection (2) of section 458.303, Florida
9 Statutes, is amended to read:
10 458.303 Provisions not applicable to other
11 practitioners; exceptions, etc.--
12 (2) Nothing in s. 458.301, s. 458.303, s. 458.305, s.
13 458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.
14 458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
15 458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347
16 shall be construed to prohibit any service rendered by a
17 physician's trained assistant, a registered nurse, or a
18 licensed practical nurse, if such service is rendered under
19 the direct supervision and control of a licensed physician who
20 provides specific direction for any service to be performed
21 and gives final approval to all services performed. Further,
22 nothing in this or any other chapter shall be construed to
23 prohibit any service rendered by a medical assistant
24 physician's trained assistant in accordance with the
25 provisions of s. 458.3485 this subsection.
26 Section 11. Subsection (2) of section 458.305, Florida
27 Statutes, is amended to read:
28 458.305 Definitions.--As used in this chapter:
29 (2) "Department" means the Department of Health
30 Business and Professional Regulation.
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1 Section 12. Subsections (2) and (5) of section
2 458.307, Florida Statutes, are amended to read:
3 458.307 Board of Medicine.--
4 (2)(a) Twelve members of the board must be licensed
5 physicians in good standing in this state who are residents of
6 the state and who have been engaged in the active practice or
7 teaching of medicine for at least 4 years immediately
8 preceding their appointment. One of the physicians must be on
9 the full-time faculty of a medical school in this state, and
10 one of the physicians must be in private practice and on the
11 full-time staff of a statutory teaching hospital in this state
12 as defined in s. 408.07. At least one of the physicians must
13 be a graduate of a foreign medical school. The remaining
14 three members must be residents of the state who are not, and
15 never have been, licensed health care practitioners. One
16 member must be a hospital risk manager certified under part IX
17 of chapter 626. At least one member of the board must be 60
18 years of age or older.
19 (b) The board shall establish at least one, but not
20 more than two, probable cause panels to meet the
21 responsibilities set out in s. 455.225(4). Each probable cause
22 panel shall be composed of three members, one of whom shall be
23 a lay member. One physician member may, if provided for in
24 administrative rule, be a past board member who is not
25 currently appointed to the board.
26 (5) During the time members are appointed to a
27 probable cause panel, they shall attempt to complete their
28 work on every case presented to them. In the event that
29 consideration of a case is begun but not completed during the
30 term of those members on the panel, they may reconvene as a
31 probable cause panel, in addition to the panels established
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1 under paragraph (2)(b), for the purpose of completing their
2 deliberations on that case.
3 Section 13. Section 455.206, Florida Statutes, is
4 amended to read:
5 455.206 Board members.--Notwithstanding any provision
6 of law to the contrary, any person who otherwise meets the
7 requirements of law for board membership and who is connected
8 in any way with any medical college, dental college, or
9 community college may be appointed to any board so long as
10 that connection does not result in a relationship wherein such
11 college represents the person's principal source of income.
12 However, this section shall not apply to the physicians
13 required by s. 458.307(2)(a) to be on the faculty of a medical
14 school in this state or on the full-time staff of a teaching
15 hospital in this state.
16 Section 14. Paragraph (f) of subsection (1) and
17 subsection (2) of section 458.311, Florida Statutes, 1996
18 Supplement, are amended, and subsection (10) is added to said
19 section, to read:
20 458.311 Licensure by examination; requirements;
21 fees.--
22 (1) Any person desiring to be licensed as a physician
23 shall apply to the department to take the licensure
24 examination. The department shall examine each applicant whom
25 the board certifies:
26 (f) Meets one of the following medical education and
27 postgraduate training requirements:
28 1.a. Is a graduate of an allopathic medical school or
29 allopathic college recognized and approved by an accrediting
30 agency recognized by the United States Office of Education or
31 is a graduate of an allopathic medical school or allopathic
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1 college within a territorial jurisdiction of the United States
2 recognized by the accrediting agency of the governmental body
3 of that jurisdiction;
4 b. If the language of instruction of the medical
5 school is other than English, has demonstrated competency in
6 English through presentation of a satisfactory grade on the
7 Test of Spoken English of the Educational Testing Service or a
8 similar test approved by rule of the board; and
9 c. Has completed an approved residency of at least 1
10 year.
11 2.a. Is a graduate of a foreign medical school
12 registered with the World Health Organization and certified
13 pursuant to s. 458.314 as having met the standards required to
14 accredit medical schools in the United States or reasonably
15 comparable standards;
16 b. If the language of instruction of the foreign
17 medical school is other than English, has demonstrated
18 competency in English through presentation of the Educational
19 Commission for on Foreign Medical Graduates English
20 proficiency certificate or by a satisfactory grade on the Test
21 of Spoken English of the Educational Testing Service or a
22 similar test approved by rule of the board; and
23 c. Has completed an approved residency of at least 1
24 year.
25 3.a. Is a graduate of a foreign medical school which
26 has not been certified pursuant to s. 458.314;
27 b. Has had his medical credentials evaluated by the
28 Educational Education Commission for on Foreign Medical
29 Graduates, holds an active, valid certificate issued by that
30 commission, and has passed the examination utilized by that
31 commission; and
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1 c. Has completed an approved residency of at least 1
2 year; however, after October 1, 1992, the applicant shall have
3 completed an approved residency or fellowship of at least 2 3
4 years in one specialty area. However, to be acceptable, the
5 fellowship experience and training must be counted toward
6 regular or subspecialty certification by a board recognized
7 and certified by the American Board of Medical Specialties.
8 (2) As prescribed by board rule, the board may require
9 an applicant who does not pass the licensing examination after
10 five attempts to complete additional remedial education or
11 training. The board shall prescribe the additional
12 requirements in a manner that permits the applicant to
13 complete the requirements and be reexamined within 2 years
14 after the date the applicant petitions the board to retake the
15 examination a sixth or subsequent time. Every applicant who
16 is otherwise qualified may take the licensing examination five
17 times after October 1, 1986, notwithstanding the number of
18 times the examination has been previously failed. If an
19 applicant fails the examination taken after October 1, 1986,
20 five times, he shall no longer be eligible for licensure.
21 (10) Notwithstanding any other provision of this
22 section, the department shall examine any person who meets the
23 criteria set forth in sub-subparagraph (1)(f)1.a.,
24 sub-subparagraphs (1)(f)3.a. and b., or subsection (3), if the
25 person:
26 (a) Submits proof of successful completion of Steps I
27 and II of the United States Medical Licensing Examination or
28 the equivalent, as defined by rule of the board;
29 (b) Is participating in an allocated slot in an
30 allopathic training program in this state on a full-time basis
31 at the time of examination;
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1 (c) Makes a written request to the department that he
2 or she be administered the examination without applying for a
3 license as a physician in this state; and
4 (d) Remits a nonrefundable administration fee not to
5 exceed $50 and an examination fee not to exceed $300 plus the
6 actual cost per person to the department for the purchase of
7 the examination from the Federation of State Medical Boards of
8 the United States or a similar national organization. The
9 examination fee is refundable if the person is found to be
10 ineligible to take the examination.
11 Section 15. Section 458.313, Florida Statutes, 1996
12 Supplement, is amended to read:
13 458.313 Licensure by endorsement; requirements;
14 fees.--
15 (1) The department shall issue a license by
16 endorsement to any applicant who, upon applying to the
17 department and remitting a fee not to exceed $500 set by the
18 board, demonstrates to the board certifies that he:
19 (a) Has met the qualifications for licensure in s.
20 458.311(1)(b)-(f);
21 (b) Has obtained a passing score, as established by
22 rule of the board, on the licensure examination of the
23 Federation of State Medical Boards of the United States, Inc.
24 (FLEX), or of the United States Medical Licensing Examination
25 (USMLE), or the examination of the National Board of Medical
26 Examiners, or on a combination thereof, provided the board
27 certifies as eligible for licensure by endorsement any
28 applicant who took the required examinations more than 10
29 years prior to application that said examination or
30 combination of examinations required shall have been so taken
31
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1 within the 10 years immediately preceding the filing of his
2 application for licensure under this section; and
3 (c) Has submitted Shows evidence of the active
4 licensed practice of medicine in another jurisdiction, for at
5 least 2 of the immediately preceding 4 years, or evidence of
6 successful completion of either board-approved postgraduate
7 training, or a board-approved clinical competency examination,
8 within the year preceding the filing of an application for
9 licensure. For purposes of this paragraph, "active licensed
10 practice of medicine" means that practice of medicine by
11 physicians, including those employed by any governmental
12 entity in community or public health, as defined by this
13 chapter, medical directors under s. 641.495(11) who are
14 practicing medicine, and those on the active teaching faculty
15 of an accredited medical school.
16 (2)(a) As prescribed by board rule, the board may
17 require an applicant who does not pass the licensing
18 examination after five attempts to complete additional
19 remedial education or training. The board shall prescribe the
20 additional requirements in a manner that permits the applicant
21 to complete the requirements and be reexamined within 2 years
22 after the date the applicant petitions the board to retake the
23 examination a sixth or subsequent time. The board may require
24 oral examinations of any applicant under the provisions of
25 this section. However, the applicant must be given adequate
26 notice of the examination, both as to the time, place, nature,
27 and scope thereof, as well as a statement of the reasons
28 requiring such examination. Failure to successfully complete
29 an oral examination, if required by the board, shall result in
30 revocation of the license.
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1 (b) The board may require an applicant for licensure
2 by endorsement to take and pass the appropriate licensure
3 examination prior to certifying the applicant as eligible for
4 licensure.
5 (3) The department and the board shall ensure assure
6 that applicants for licensure by endorsement meet applicable
7 criteria in this chapter through an investigative process.
8 When the investigative process is not completed within the
9 time set out in s. 120.60(1) and the department or board has
10 reason to believe that the applicant does not meet the
11 criteria, the secretary or his designee may issue a 90-day
12 licensure delay which shall be in writing and sufficient to
13 notify the applicant of the reason for the delay. The
14 provisions of this subsection shall control over any
15 conflicting provisions of s. 120.60(1).
16 (4) If the applicant has not actively practiced
17 medicine or been on the active teaching faculty of an
18 accredited medical school within the previous 4 years, the
19 board shall certify the applicant to the department for
20 licensure by endorsement subject to the condition that the
21 applicant work under the supervision of another physician for
22 a period, not to exceed 1 year, as determined by the board
23 based on its determination of the licensee's ability to
24 practice medicine. The supervising physician shall have had
25 no probable cause findings against him within the previous 3
26 years.
27 (4)(5) The board may promulgate rules and regulations,
28 to be applied on a uniform and consistent basis, which may be
29 necessary to carry out the provisions of this section.
30 (5)(6) Upon certification by the board, the department
31 shall impose conditions, limitations, or restrictions on a
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1 license by endorsement if the applicant is on probation in
2 another jurisdiction for an act which would constitute a
3 violation of this chapter.
4 (6)(7) The department shall not issue a license by
5 endorsement to any applicant who is under investigation in any
6 jurisdiction for an act or offense which would constitute a
7 violation of this chapter until such time as the investigation
8 is complete, at which time the provisions of s. 458.331 shall
9 apply. Furthermore, the department may not issue an
10 unrestricted license to any individual who has committed any
11 act or offense in any jurisdiction which would constitute the
12 basis for disciplining a physician pursuant to s. 458.331.
13 When the board finds that an individual has committed an act
14 or offense in any jurisdiction which would constitute the
15 basis for disciplining a physician pursuant to s. 458.331,
16 then the board may enter an order imposing one or more of the
17 terms set forth in subsection (7) (8).
18 (7)(8) When the board determines that any applicant
19 for licensure by endorsement has failed to meet, to the
20 board's satisfaction, each of the appropriate requirements set
21 forth in this section, it may enter an order requiring one or
22 more of the following terms:
23 (a) Refusal to certify to the department an
24 application for licensure, certification, or registration;
25 (b) Certification to the department of an application
26 for licensure, certification, or registration with
27 restrictions on the scope of practice of the licensee; or
28 (c) Certification to the department of an application
29 for licensure, certification, or registration with placement
30 of the physician on probation for a period of time and subject
31 to such conditions as the board may specify, including, but
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1 not limited to, requiring the physician to submit to
2 treatment, attend continuing education courses, submit to
3 reexamination, or work under the supervision of another
4 physician.
5 (8) The department shall reactivate the license of any
6 physician whose license has become void by failure to practice
7 in Florida for a period of 1 year within 3 years after
8 issuance of the license by endorsement, if the physician was
9 issued a license by endorsement prior to 1989, has actively
10 practiced medicine in another state for the last 4 years,
11 applies for licensure before October 1, 1998, pays the
12 applicable fees, and otherwise meets any continuing education
13 requirements for reactivation of the license as determined by
14 the board.
15 Section 16. Paragraphs (a) and (b) of subsection (1)
16 of section 458.317, Florida Statutes, are amended to read:
17 458.317 Limited licenses.--
18 (1)(a) Any person desiring to obtain a limited license
19 shall:
20 1. Submit to the board, with an application and fee
21 not to exceed $300, an affidavit stating that he has been
22 licensed to practice medicine in any jurisdiction in the
23 United States for at least 10 years and has retired or intends
24 to retire from the practice of medicine and intends to
25 practice only pursuant to the restrictions of a limited
26 license granted pursuant to this section. However, a
27 physician who is not fully retired in all jurisdictions, may
28 use a limited license only for noncompensated practice. If
29 the person applying for a limited license submits a notarized
30 statement from the employing agency or institution stating
31 that he will not receive monetary compensation for any service
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1 involving the practice of medicine, the application fee and
2 all licensure fees shall be waived. However, any person who
3 receives a waiver of fees for a limited license shall pay such
4 fees if the person receives compensation for the practice of
5 medicine.
6 2. Meet the requirements in s. 458.311(1)(b)-(f) and
7 (5). If the applicant graduated from medical school prior to
8 1946, the board or its appropriate committee may accept
9 military medical training or medical experience as a
10 substitute for the approved 1-year residency requirement in s.
11 458.311(1)(f).
12 (b) After approval of an application under this
13 section, no license shall be issued until the applicant
14 provides to the board an affidavit that the applicant has in
15 fact retired from the practice of medicine in this or any
16 other jurisdiction in which the applicant holds a license and
17 that there have been no substantial changes in status since
18 initial application.
19
20 Nothing herein limits in any way any policy by the board,
21 otherwise authorized by law, to grant licenses to physicians
22 duly licensed in other states under conditions less
23 restrictive than the requirements of this section.
24 Notwithstanding the other provisions of this section, the
25 board may refuse to authorize a physician otherwise qualified
26 to practice in the employ of any agency or institution
27 otherwise qualified if the agency or institution has caused or
28 permitted violations of the provisions of this chapter which
29 it knew or should have known were occurring.
30 Section 17. Subsection (1) of section 458.319, Florida
31 Statutes, is amended to read:
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1 458.319 Renewal of license.--
2 (1) The department shall renew a license upon receipt
3 of the renewal application, evidence that the applicant has
4 actively practiced medicine or has been on the active teaching
5 faculty of an accredited medical school for at least 2 years
6 of the immediately preceding within the previous 4 years, and
7 a fee not to exceed $500; provided, however, that if the
8 licensee is either a resident physician, assistant resident
9 physician, fellow, house physician, or intern in an approved
10 postgraduate training program, as defined by the board by
11 rule, the fee shall not exceed $100 per annum. If the
12 licensee has not actively practiced medicine for at least 2
13 years of the immediately preceding within the previous 4
14 years, the board shall require that the licensee successfully
15 complete a board-approved clinical competency examination
16 prior to renewal of the license. "Actively practiced medicine"
17 means that practice of medicine by physicians, including those
18 employed by any governmental entity in community or public
19 health, as defined by this chapter, including physicians
20 practicing administrative medicine.
21 Section 18. Paragraphs (a) and (g) of subsection (5)
22 of section 458.320, Florida Statutes, 1996 Supplement, are
23 amended to read:
24 458.320 Financial responsibility.--
25 (5) The requirements of subsections (1), (2), and (3)
26 shall not apply to:
27 (a) Any person licensed under this chapter who
28 practices medicine exclusively as an officer, employee, or
29 agent of the Federal Government or of the state or its
30 agencies or its subdivisions. For the purposes of this
31 subsection, an agent of the state, its agencies, or its
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1 subdivisions is a person who is eligible for coverage under
2 any self-insurance or insurance program authorized by the
3 provisions of s. 768.28(15)(14).
4 (g) Any person holding an active license under this
5 chapter who agrees to meet all of the following criteria:
6 1. Upon the entry of an adverse final judgment arising
7 from a medical malpractice arbitration award, from a claim of
8 medical malpractice either in contract or tort, or from
9 noncompliance with the terms of a settlement agreement arising
10 from a claim of medical malpractice either in contract or
11 tort, the licensee shall pay the judgment creditor the lesser
12 of the entire amount of the judgment with all accrued interest
13 or either $100,000, if the physician is licensed pursuant to
14 this chapter but does not maintain hospital staff privileges,
15 or $250,000, if the physician is licensed pursuant to this
16 chapter and maintains hospital staff privileges, within 60
17 days after the date such judgment became final and subject to
18 execution, unless otherwise mutually agreed to in writing by
19 the parties. Such adverse final judgment shall include any
20 cross-claim, counterclaim, or claim for indemnity or
21 contribution arising from the claim of medical malpractice.
22 Upon notification of the existence of an unsatisfied judgment
23 or payment pursuant to this subparagraph, the department shall
24 notify the licensee by certified mail that he shall be subject
25 to disciplinary action unless, within 30 days from the date of
26 mailing, he either:
27 a. Shows proof that the unsatisfied judgment has been
28 paid in the amount specified in this subparagraph; or
29 b. Furnishes the department with a copy of a timely
30 filed notice of appeal and either:
31
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1 (I) A copy of a supersedeas bond properly posted in
2 the amount required by law; or
3 (II) An order from a court of competent jurisdiction
4 staying execution on the final judgment pending disposition of
5 the appeal.
6 2. Upon the next meeting of the probable cause panel
7 of the board following 30 days after the date of mailing the
8 notice of disciplinary action to the licensee, the panel shall
9 make a determination of whether probable cause exists to take
10 disciplinary action against the licensee pursuant to
11 subparagraph 1.
12 3. If the board determines that the factual
13 requirements of subparagraph 1. are met, it shall take
14 disciplinary action as it deems appropriate against the
15 licensee. Such disciplinary action shall include, at a
16 minimum, probation of the license with the restriction that
17 the licensee must make payments to the judgment creditor on a
18 schedule determined by the board to be reasonable and within
19 the financial capability of the physician. Notwithstanding any
20 other disciplinary penalty imposed, the disciplinary penalty
21 may include suspension of the license for a period not to
22 exceed 5 years. In the event that an agreement to satisfy a
23 judgment has been met, the board shall remove any restriction
24 on the license.
25 4. The licensee has completed a form supplying
26 necessary information as required by the department.
27
28 A licensee who meets the requirements of this paragraph shall
29 be required to either post notice in the form of a sign
30 prominently displayed in the reception area and clearly
31 noticeable by all patients and or provide a written statement
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1 to any person to whom medical services are being provided. A
2 copy of the written statement shall be given to each patient
3 to sign, acknowledging receipt thereof, and the signed copy
4 shall be maintained in the patient's file. If the patient
5 refuses to sign or is unable to sign the written statement,
6 the licensee shall so note it on the form. Such sign and or
7 statement shall state that: "Under Florida law, physicians
8 are generally required to carry medical malpractice insurance
9 or otherwise demonstrate financial responsibility to cover
10 potential claims for medical malpractice. YOUR DOCTOR HAS
11 DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This is
12 permitted under Florida law subject to certain conditions.
13 Florida law imposes penalties against noninsured physicians
14 who fail to satisfy adverse judgments arising from claims of
15 medical malpractice. This notice is provided pursuant to
16 Florida law."
17 Section 19. Paragraphs (m), (cc), and (ii) of
18 subsection (1) of section 458.331, Florida Statutes, 1996
19 Supplement, are amended, and paragraph (ll) is added to said
20 subsection, to read:
21 458.331 Grounds for disciplinary action; action by the
22 board and department.--
23 (1) The following acts shall constitute grounds for
24 which the disciplinary actions specified in subsection (2) may
25 be taken:
26 (m) Failing to keep legible, as defined by department
27 rule in consultation with the board, written medical records
28 that identify the licensed physician or the physician extender
29 and supervising physician by name and professional title who
30 is or are responsible for rendering, ordering, supervising, or
31 billing for each diagnostic or treatment procedure and that
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1 justify justifying the course of treatment of the patient,
2 including, but not limited to, patient histories; examination
3 results; test results; records of drugs prescribed, dispensed,
4 or administered; and reports of consultations and
5 hospitalizations.
6 (cc) Prescribing, ordering, dispensing, administering,
7 supplying, selling, or giving any drug which is a Schedule II
8 amphetamine or a Schedule II sympathomimetic amine drug or any
9 compound thereof, pursuant to chapter 893, to or for any
10 person except for:
11 1. The treatment of narcolepsy; hyperkinesis;
12 behavioral syndrome in children characterized by the
13 developmentally inappropriate symptoms of moderate to severe
14 distractability, short attention span, hyperactivity,
15 emotional lability, and impulsivity; or drug-induced brain
16 dysfunction;
17 2. The differential diagnostic psychiatric evaluation
18 of depression or the treatment of depression shown to be
19 refractory to other therapeutic modalities; or
20 3. The clinical investigation of the effects of such
21 drugs or compounds when an investigative protocol therefor is
22 submitted to, reviewed, and approved by the board before such
23 investigation is begun.
24 (ii) Failing to report to the department Division of
25 Medical Quality Assurance any licensee physician licensed
26 under this chapter or osteopathic physician licensed under
27 chapter 459 who the physician or physician assistant knows has
28 violated the grounds for disciplinary action set out in the
29 law under which that person physician or osteopathic physician
30 is licensed and who provides health care services in a
31 facility licensed under chapter 395, or a health maintenance
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1 organization certificated under part I of chapter 641, in
2 which the physician or physician assistant also provides
3 services.
4 (ll) Advertising or holding oneself out as a
5 board-certified specialist, if not qualified under s.
6 458.3312, in violation of this chapter.
7 Section 20. Section 458.3312, Florida Statutes, is
8 created to read:
9 458.3312 Specialties.--A physician licensed under this
10 chapter may not hold himself or herself out as a
11 board-certified specialist unless the physician has received
12 formal recognition as a specialist from a specialty board of
13 the American Board of Medical Specialties or other recognizing
14 agency approved by the board. However, a physician may
15 indicate the services offered and may state that his or her
16 practice is limited to one or more types of services when this
17 accurately reflects the scope of practice of the physician.
18 Section 21. Section 458.345, Florida Statutes, is
19 amended to read:
20 458.345 Registration of resident physicians, interns,
21 and fellows; list of hospital employees; prescribing of
22 medicinal drugs and controlled substances; penalty.--
23 (1) Any person desiring to practice as a resident
24 physician, assistant resident physician, house physician,
25 intern, or fellow in fellowship training which leads to
26 subspecialty board certification in this state who does not
27 hold a valid, active license issued under this chapter shall
28 apply to the department to be registered and shall remit a fee
29 not to exceed $300 as set by the board. The department shall
30 register any applicant the board certifies has met the
31 following requirements:
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1 (a) Is at least 21 years of age.
2 (b) Has not committed any act or offense within or
3 without the state which would constitute the basis for refusal
4 to certify an application for licensure pursuant to s.
5 458.331.
6 (c) Is a graduate of a medical school or college as
7 specified in s. 458.311(1)(f).
8 (2) The board shall not certify to the department for
9 registration any applicant who is under investigation in any
10 state or jurisdiction for an act which would constitute the
11 basis for imposing a disciplinary penalty specified in s.
12 458.331(2)(b) until such time as the investigation is
13 completed, at which time the provisions of s. 458.331 shall
14 apply.
15 (3) Every hospital employing or utilizing the services
16 of a resident physician, assistant resident physician, house
17 physician, intern, or fellow in fellowship training which
18 leads to subspecialty board certification shall designate a
19 person who shall, on January 1 and July 1 of each year,
20 furnish the department with a list of the hospital's its
21 employees and such other information as the board may direct.
22 The chief executive officer of each such hospital shall
23 provide the executive director of the board with the name,
24 title, and address of the person responsible for furnishing
25 such reports.
26 (4) Registration under this section shall
27 automatically expire after 2 years without further action by
28 the board or the department unless an application for renewal
29 is approved by the board. No person registered under this
30 section may be employed or utilized as a house physician or
31 act as a resident physician, an assistant resident physician,
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1 an intern, or a fellow in fellowship training which leads to a
2 subspecialty board certification in a hospital of this state
3 for more than 2 years without a valid, active license or
4 renewal of registration under this section. Requirements for
5 renewal of registration shall be established by rule of the
6 board. An application fee not to exceed $300 as set by the
7 board shall accompany the application for renewal, except that
8 resident physicians, assistant resident physicians, interns,
9 and fellows in fellowship training which leads to subspecialty
10 board certification shall be exempt from payment of any
11 renewal fees.
12 (5) Notwithstanding any provision of this section or
13 s. 120.52 to the contrary, any person who is registered under
14 this section is subject to the provisions of s. 458.331.
15 (6) A resident physician, assistant resident
16 physician, house physician, intern, or fellow may prescribe
17 medicinal drugs and controlled substances under the following
18 circumstances:
19 (a) Such person is employed in a hospital and the
20 hospital specifically grants such person controlled substance
21 prescriptive authority;
22 (b) Such person is engaged in an accredited training
23 program;
24 (c) Such person prescribes only in the normal course
25 of his or her employment;
26 (d) Such person is the holder of a prescriber number
27 issued by the hospital and the prescription involved has that
28 number printed thereon;
29 (e) Internal control code numbers are issued to each
30 such person who is granted prescriptive authority under this
31 subsection; and
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1 (f) Third-party payment procedures can accommodate the
2 required numbering system which includes control codes.
3 (7)(5) Any person willfully violating this section
4 commits a misdemeanor of the first degree, punishable as
5 provided in s. 775.082 or s. 775.083.
6 Section 22. Subsection (2) of section 458.346, Florida
7 Statutes, is amended to read:
8 458.346 Public Sector Physician Advisory Committee.--
9 (2) PUBLIC SECTOR PHYSICIAN ADVISORY COMMITTEE.--There
10 is hereby created a Public Sector Physician Advisory Committee
11 which shall be comprised of three physicians. One physician
12 shall be appointed by the chair chairman of the Board of
13 Medicine. The two remaining physicians shall be appointed by
14 the secretary of the department from recommendations of the
15 appropriate organization, if any, representing such physicians
16 for the purpose of collective bargaining. The chair chairman
17 of the committee shall be one of the two public sector
18 physicians who shall be elected by majority vote of the
19 committee members. Members of the committee shall serve
20 3-year terms and shall meet at least once each year or upon
21 the call of the committee chair on a quarterly basis. The
22 initial term for one public sector physician shall be for 2
23 years, and the other for 3 years. Members of the committee
24 are subject to reappointment. Committee members shall receive
25 reimbursement for per diem and travel expenses.
26 Section 23. Section 458.347, Florida Statutes, 1996
27 Supplement, is amended to read:
28 458.347 Physician assistants.--
29 (1) LEGISLATIVE INTENT.--
30 (a) The purpose of this section is to encourage more
31 effective utilization of the skills of physicians or groups of
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1 physicians by enabling them to delegate health care tasks to
2 qualified assistants when such delegation is consistent with
3 the patient's health and welfare.
4 (b) In order that maximum skills may be obtained
5 within a minimum time period of education, a physician
6 assistant shall be specialized to the extent that he can
7 operate efficiently and effectively in the specialty areas in
8 which he has been trained or is experienced.
9 (c) The purpose of this section is to encourage the
10 utilization of physician assistants by physicians and to allow
11 for innovative development of programs for the education of
12 physician assistants.
13 (2) DEFINITIONS.--As used in this section:
14 (a) "Agency" means the Agency for Health Care
15 Administration.
16 (a)(b) "Approved program" means a program, formally
17 approved by the boards, for the education of physician
18 assistants.
19 (b)(c) "Boards" means the Board of Medicine and the
20 Board of Osteopathic Medicine.
21 (c)(d) "Council" means the Council on Physician
22 Assistants.
23 (d)(e) "Trainee" means a person who is currently
24 enrolled in an approved program.
25 (e)(f) "Physician assistant" means a person who is a
26 graduate of an approved program or its equivalent or meets
27 standards approved by the boards and is certified to perform
28 medical services delegated by the supervising physician.
29 (f)(g) "Supervision" means responsible supervision and
30 control. Except in cases of emergency, supervision requires
31 the easy availability or physical presence of the licensed
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1 physician for consultation and direction of the actions of the
2 physician assistant. For the purposes of this definition, the
3 term "easy availability" includes the ability to communicate
4 by way of telecommunication. The boards shall establish rules
5 as to what constitutes responsible supervision of the
6 physician assistant.
7 (g)(h) "Proficiency examination" means an entry-level
8 examination approved by the boards, including, but not limited
9 to, those examinations administered by the National Commission
10 on Certification of Physician Assistants.
11 (h)(i) "Continuing medical education" means courses
12 recognized and approved by the boards, the American Academy of
13 Physician Assistants, the American Medical Association, the
14 American Osteopathic Association, or the Accreditation Council
15 on Continuing Medical Education.
16 (3) PERFORMANCE OF SUPERVISING PHYSICIAN.--Each
17 physician or group of physicians supervising a certified
18 physician assistant must be qualified in the medical areas in
19 which the physician assistant is to perform and shall be
20 individually or collectively responsible and liable for the
21 performance and the acts and omissions of the physician
22 assistant. A physician may not supervise more than four
23 currently certified physician assistants at any one time.
24 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
25 (a) The boards shall adopt, by rule, the general
26 principles that supervising physicians must use in developing
27 the scope of practice of a physician assistant under direct
28 supervision and under indirect supervision. These principles
29 shall recognize the diversity of both specialty and practice
30 settings in which physician assistants are used.
31
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1 (b) This chapter does not prevent third-party payors
2 from reimbursing employers of physician assistants for covered
3 services rendered by certified physician assistants.
4 (c) Certified physician assistants may not be denied
5 clinical hospital privileges, except for cause, so long as the
6 supervising physician is a staff member in good standing.
7 (d) A supervisory physician may delegate to a
8 certified physician assistant, pursuant to a written protocol,
9 the authority to act according to s. 154.04(1)(c)(d). Such
10 delegated authority is limited to the supervising physician's
11 practice in connection with a county public health department
12 unit as defined and established pursuant to chapter 154. The
13 boards shall adopt rules governing the supervision of
14 physician assistants by physicians in county public health
15 departments units.
16 (e) A supervisory physician may delegate to a fully
17 certified physician assistant the authority to prescribe any
18 medication used in the supervisory physician's practice if
19 such medication is listed on the formulary created pursuant to
20 paragraph (f). A fully certified physician assistant may only
21 prescribe such medication under the following circumstances:
22 1. A physician assistant must clearly identify to the
23 patient that he is a physician assistant. Furthermore, the
24 physician assistant must inform the patient that the patient
25 has the right to see the physician prior to any prescription
26 being prescribed by the physician assistant.
27 2. The supervisory physician must notify the
28 department agency of his intent to delegate, on a
29 department-approved an agency-approved form, before delegating
30 such authority and with each certification renewal application
31 filed by the physician assistant.
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1 3. The physician assistant must file with the
2 department agency, before commencing to prescribe, evidence
3 that he has completed a continuing medical education course of
4 at least 3 classroom hours in prescriptive practice, conducted
5 by an accredited program approved by the boards, which course
6 covers the limitations, responsibilities, and privileges
7 involved in prescribing medicinal drugs, or evidence that he
8 has received education comparable to the continuing education
9 course as part of an accredited physician assistant training
10 program.
11 4. The physician assistant must file with the
12 department agency, before commencing to prescribe, evidence
13 that the physician assistant has a minimum of 3 months of
14 clinical experience in the specialty area of the supervising
15 physician.
16 5. The physician assistant must file with the
17 department agency a signed affidavit that he has completed a
18 minimum of 10 continuing medical education hours in the
19 specialty practice in which the physician assistant has
20 prescriptive privileges with each certification renewal
21 application.
22 6. The department agency shall issue certification and
23 a prescriber number to the physician assistant granting
24 authority for the prescribing of medicinal drugs authorized
25 within this paragraph upon completion of the foregoing
26 requirements.
27 7. The prescription must be written in a form that
28 complies with chapter 499 and must contain, in addition to the
29 supervisory physician's name, address, and telephone number,
30 the physician assistant's prescriber number. The prescription
31 must be filled in a pharmacy permitted under chapter 465 and
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1 must be dispensed in that pharmacy by a pharmacist licensed
2 under chapter 465. The appearance of the prescriber number
3 creates a presumption that the physician assistant is
4 authorized to prescribe the medicinal drug and the
5 prescription is valid.
6 8. The physician assistant must note the prescription
7 in the appropriate medical record, and the supervisory
8 physician must review and sign each notation. For dispensing
9 purposes only, the failure of the supervisory physician to
10 comply with these requirements does not affect the validity of
11 the prescription.
12 9. This paragraph does not prohibit a supervisory
13 physician from delegating to a physician assistant the
14 authority to order medication for a hospitalized patient of
15 the supervisory physician.
16
17 This paragraph does not apply to facilities licensed pursuant
18 to chapter 395.
19 (f)1. There is created a five-member committee
20 appointed by the Director of Health Care Administration. The
21 committee must be composed of one fully certified physician
22 assistant certified pursuant to this section or s. 459.022
23 458.022, two physicians licensed pursuant to this chapter, one
24 of whom supervises a fully licensed physician assistant, one
25 osteopathic physician licensed pursuant to chapter 459, and
26 one pharmacist licensed pursuant to chapter 465 who is not
27 licensed pursuant to this chapter or chapter 459. The
28 committee shall establish a formulary of medicinal drugs for
29 which a fully certified physician assistant may prescribe.
30 The formulary may not include controlled substances as defined
31 in chapter 893, antineoplastics, antipsychotics,
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1 radiopharmaceuticals, general anesthetics or radiographic
2 contrast materials, or any parenteral preparations except
3 insulin and epinephrine.
4 2. Only the committee shall add to, delete from, or
5 modify the formulary. Any person who requests an addition,
6 deletion, or modification of a medicinal drug listed on such
7 formulary has the burden of proof to show cause why such
8 addition, deletion, or modification should be made.
9 3. The boards shall adopt the formulary required by
10 this paragraph, and each addition, deletion, or modification
11 to the formulary, by rule. Notwithstanding any provision of
12 chapter 120 to the contrary, the formulary rule shall be
13 effective 60 days after the date it is filed with the
14 Secretary of State. Upon adoption of the formulary, the
15 department agency shall mail a copy of such formulary to each
16 fully certified physician assistant and to each pharmacy
17 licensed by the state. The boards shall establish, by rule, a
18 fee not to exceed $200 to fund the provisions of this
19 paragraph and paragraph (e).
20 (5) PERFORMANCE BY TRAINEES.--Notwithstanding any
21 other law, a trainee may perform medical services when such
22 services are rendered within the scope of an approved program.
23 (6) PROGRAM APPROVAL.--
24 (a) The boards shall approve programs, based on
25 recommendations by the council, for the education and training
26 of physician assistants which meet standards established by
27 rule of the boards. The council may recommend only those
28 physician assistant programs that hold full accreditation or
29 provisional accreditation from the Commission on Accreditation
30 of Allied Health Programs or its successor organization. Any
31 educational institution offering a physician assistant program
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1 approved by the boards pursuant to this paragraph may also
2 offer the physician assistant program authorized in paragraph
3 (c) for unlicensed physicians.
4 (b) The boards shall adopt and publish standards to
5 ensure that such programs operate in a manner that does not
6 endanger the health or welfare of the patients who receive
7 services within the scope of the programs. The boards shall
8 review the quality of the curricula, faculties, and facilities
9 of such programs and take whatever other action is necessary
10 to determine that the purposes of this section are being met.
11 (c) Any community college with the approval of the
12 State Board of Community Colleges may conduct a physician
13 assistant program which shall apply for national accreditation
14 through the American Medical Association's Committee on Allied
15 Health, Education, and Accreditation, or its successor
16 organization, and which may admit unlicensed physicians, as
17 authorized in subsection (7), who are graduates of foreign
18 medical schools listed with the World Health Organization.
19 The unlicensed physician must have been a resident of this
20 state for a minimum of 12 months immediately prior to
21 admission to the program. An evaluation of knowledge base by
22 examination shall be required to grant advanced academic
23 credit and to fulfill the necessary requirements to graduate.
24 A minimum of one 16-week semester of supervised clinical and
25 didactic education, which may be completed simultaneously,
26 shall be required before graduation from the program. All
27 other provisions of this section shall remain in effect.
28 (7) PHYSICIAN ASSISTANT CERTIFICATION.--
29 (a) Any person desiring to be certified as a physician
30 assistant must apply to the department agency. The department
31
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1 agency shall issue a certificate to any person certified by
2 the council as having met the following requirements:
3 1. Is at least 18 years of age.
4 2. Has satisfactorily passed a proficiency examination
5 by an acceptable score established by the National Commission
6 on Certification of Physician Assistants. If an applicant
7 does not hold a current certificate issued by the National
8 Commission on Certification of Physician Assistants and has
9 not actively practiced as a physician assistant within the
10 immediately preceding 4 years, the applicant must retake and
11 successfully complete the entry-level examination of the
12 National Commission on Certification of Physician Assistants
13 to be eligible for certification.
14 3. Has completed the application form and remitted an
15 application fee not to exceed $300 as set by the boards. An
16 application for certification made by a physician assistant
17 must include:
18 a. A certificate of completion of a physician
19 assistant training program specified in subsection (6).
20 b. A sworn statement of any prior felony convictions.
21 c. A sworn statement of any previous revocation or
22 denial of licensure or certification in any state.
23 d. Two letters of recommendation.
24 (b)1. Notwithstanding subparagraph (a)2. and
25 sub-subparagraph (a)3.a., the department agency shall examine
26 each applicant who the Board of Medicine certifies:
27 a. Has completed the application form and remitted a
28 nonrefundable application fee not to exceed $500 and an
29 examination fee not to exceed $300, plus the actual cost to
30 the department agency to provide the examination. The
31 examination fee is refundable if the applicant is found to be
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1 ineligible to take the examination. The department agency
2 shall translate the examination into the native language of
3 any applicant who requests and agrees to pay all costs of such
4 translation, provided the applicant demonstrates to the
5 department agency the ability to communicate orally in basic
6 English.
7 b. Is an unlicensed physician who graduated from a
8 foreign medical school listed with the World Health
9 Organization who has not previously taken and failed the
10 examination of the National Commission on Certification of
11 Physician Assistants and who has been certified by the Board
12 of Medicine as having met the requirements for licensure as a
13 medical doctor by examination as set forth in s. 458.311(1),
14 (3), (4), and (5), with the exception that the applicant is
15 not required to have completed an approved residency of at
16 least 1 year and the applicant is not required to have passed
17 the licensing examination specified under s. 458.311 or hold a
18 valid, active certificate issued by the Educational Commission
19 for Foreign Medical Graduates.
20 c. Was eligible and made initial application for
21 certification as a physician assistant in this state between
22 July 1, 1990, and June 30, 1991.
23 d. Was a resident of this state on July 1, 1990, or
24 was licensed or certified in any state in the United States as
25 a physician assistant on July 1, 1990.
26 2. The department agency may grant temporary
27 certification to an applicant who meets the requirements of
28 subparagraph 1. Between meetings of the council, the
29 department agency may grant temporary certification to
30 practice based on the completion of all temporary
31 certification requirements. All such administratively issued
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1 certifications shall be reviewed and acted on at the next
2 regular meeting of the council. A temporary certificate
3 expires upon receipt and notice of scores to the
4 certificateholder from the first available examination
5 specified in subparagraph 1. following certification by the
6 department agency. An applicant who fails the proficiency
7 examination is no longer temporarily certified, but may apply
8 for a one-time extension of temporary certification after
9 reapplying for the next available examination. Extended
10 certification shall expire upon failure of the
11 certificateholder to sit for the next available examination or
12 upon receipt and notice of scores to the certificateholder
13 from such examination.
14 3. Notwithstanding any other provision of law, the
15 examination specified pursuant to subparagraph 1. shall be
16 administered by the department agency only five times.
17 Applicants certified by the board for examination shall
18 receive at least 6 months' notice of eligibility prior to the
19 administration of the initial examination. Subsequent
20 examinations shall be administered at intervals determined by
21 the department agency after the reporting of the scores of the
22 first examination. For the purposes of this paragraph, the
23 department agency may develop, contract for the development
24 of, purchase, or approve an examination, including a practical
25 component, that adequately measures an applicant's ability to
26 practice with reasonable skill and safety. The minimum
27 passing score on the examination shall be established by the
28 department agency, with the advice of the board. Those
29 applicants failing to pass that examination or any subsequent
30 examination shall receive notice of the administration of the
31 next examination with the notice of scores following such
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1 examination. Any applicant who passes the examination and
2 meets the requirements of this section shall be certified as a
3 physician assistant with all rights defined thereby.
4 (c) The certification must be renewed biennially.
5 Each renewal must include:
6 1. A renewal fee not to exceed $500 as set by the
7 boards.
8 2. A sworn statement of no felony convictions in the
9 previous 2 years.
10 (d) Each certified physician assistant shall
11 biennially complete 100 hours of continuing medical education
12 or shall hold a current certificate issued by the National
13 Commission on Certification of Physician Assistants.
14 (e) Upon employment as a physician assistant, a
15 certified physician assistant must notify the department
16 agency in writing within 30 days after such employment or
17 after any subsequent changes in the supervising physician. The
18 notification must include the full name, Florida medical
19 license number, specialty, and address of the supervising
20 physician.
21 (f) Notwithstanding subparagraph (a)2., the department
22 agency may grant to a recent graduate of an approved program,
23 as specified in subsection (6), temporary certification to
24 expire upon receipt of scores of the proficiency examination
25 administered by the National Commission on Certification of
26 Physician Assistants. Between meetings of the council, the
27 department agency may grant temporary certification to
28 practice based on the completion of all temporary
29 certification requirements. All such administratively issued
30 certifications shall be reviewed and acted on at the next
31 regular meeting of the council. The recent graduate may be
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1 certified prior to employment, but must comply with paragraph
2 (e). An applicant who has passed the proficiency examination
3 may be granted permanent certification. An applicant failing
4 the proficiency examination is no longer temporarily
5 certified, but may reapply for a 1-year extension of temporary
6 certification. An applicant may not be granted more than two
7 temporary certificates and may not be certified as a physician
8 assistant until he passes the examination administered by the
9 National Commission on Certification of Physician Assistants.
10 As prescribed by board rule, the council may require an
11 applicant who does not pass the licensing examination after
12 five or more attempts to complete additional remedial
13 education or training. The council shall prescribe the
14 additional requirements in a manner that permits the applicant
15 to complete the requirements and be reexamined within 2 years
16 after the date the applicant petitions the council to retake
17 the examination a sixth or subsequent time.
18 (g) The Board of Medicine may impose any of the
19 penalties specified in ss. 455.227 and 458.331(2) upon a
20 physician assistant if the physician assistant or the
21 supervising physician has been found guilty of or is being
22 investigated for any act that constitutes a violation of this
23 chapter or chapter 455.
24 (8) DELEGATION OF POWERS AND DUTIES.--The boards may
25 delegate such powers and duties to the council as they may
26 deem proper.
27 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
28 Physician Assistants is created within the department Agency
29 for Health Care Administration.
30 (a) The council shall consist of five members
31 appointed as follows:
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1 1. The chairperson of the Board of Medicine shall
2 appoint three members who are physicians and members of the
3 Board of Medicine. One of the physicians must supervise a
4 physician assistant in the physician's practice.
5 2. The chairperson of the Board of Osteopathic
6 Medicine shall appoint one member who is a physician,
7 supervises a physician assistant in the physician's practice,
8 and is a member of the Board of Osteopathic Medicine.
9 3. The secretary of the department head of the agency
10 or his designee shall appoint a fully certified physician
11 assistant licensed under this chapter or chapter 459.
12 (b) Two of the members appointed to the council must
13 be physicians who supervise physician assistants in their
14 practice. Members shall be appointed to terms of 4 years,
15 except that of the initial appointments, two members shall be
16 appointed to terms of 2 years, two members shall be appointed
17 to terms of 3 years, and one member shall be appointed to a
18 term of 4 years, as established by rule of the boards.
19 Council members may not serve more than two consecutive terms.
20 The council shall annually elect a chairperson from among its
21 members.
22 (c) The council shall:
23 1. Recommend to the department agency the
24 certification of physician assistants.
25 2. Develop all rules regulating the use of physician
26 assistants by physicians under this chapter and chapter 459,
27 except for rules relating to the formulary developed under
28 paragraph (4)(f). The council shall also develop rules to
29 ensure that the continuity of supervision is maintained in
30 each practice setting. The boards shall consider adopting a
31 proposed rule developed by the council at the regularly
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1 scheduled meeting immediately following the submission of the
2 proposed rule by the council. A proposed rule submitted by
3 the council may not be adopted by either board unless both
4 boards have accepted and approved the identical language
5 contained in the proposed rule. The language of all proposed
6 rules submitted by the council must be approved by both boards
7 pursuant to each respective board's guidelines and standards
8 regarding the adoption of proposed rules. If either board
9 rejects the council's proposed rule, that board must specify
10 its objection to the council with particularity and include
11 any recommendations it may have for the modification of the
12 proposed rule.
13 3. Make recommendations to the boards regarding all
14 matters relating to physician assistants.
15 4. Address concerns and problems of practicing
16 physician assistants in order to improve safety in the
17 clinical practices of certified physician assistants.
18 (10) INACTIVE AND DELINQUENT STATUS.--A certificate on
19 inactive or delinquent status may be reactivated only as
20 provided in s. 455.271.
21 (11) PENALTY.--Any person who has not been certified
22 by the council and approved by the department agency and who
23 holds himself out as a physician assistant or who uses any
24 other term in indicating or implying that he is a physician
25 assistant commits a felony of the third degree, punishable as
26 provided in s. 775.082 or s. 775.084 or by a fine not
27 exceeding $5,000.
28 (12) DENIAL, SUSPENSION, OR REVOCATION OF
29 CERTIFICATION.--The boards may deny, suspend, or revoke a
30 physician assistant certification if a board determines that
31 the physician assistant has violated this chapter.
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1 (13) RULES.--The boards shall adopt rules to implement
2 this section, including rules detailing the contents of the
3 application for certification and notification pursuant to
4 subsection (7) and rules to ensure both the continued
5 competency of physician assistants and the proper utilization
6 of them by physicians or groups of physicians.
7 (14) EXISTING PROGRAMS.--This section does not
8 eliminate or supersede existing laws relating to other
9 paramedical professions or services and is supplemental to all
10 such existing laws relating to the certification and practice
11 of paramedical professions.
12 (15) LIABILITY.--Each supervising physician using a
13 physician assistant is liable for any acts or omissions of the
14 physician assistant acting under the physician's supervision
15 and control.
16 (16) LEGAL SERVICES.--The Department of Legal Affairs
17 shall provide legal services to the council as authorized in
18 s. 455.221(1).
19 (17) FEES.--The department agency shall allocate the
20 fees collected under this section to the council.
21 Section 24. Subsections (1) and (2) of section
22 458.3485, Florida Statutes, are amended to read:
23 458.3485 Medical assistant.--
24 (1) DEFINITION.--As used in this section, "medical
25 assistant" means a professional multiskilled person dedicated
26 to assisting in all aspects of medical practice under the
27 direct supervision and responsibility of a physician. This
28 practitioner assists with patient care management, executes
29 administrative and clinical procedures, and often performs
30 managerial and supervisory functions. Competence in the field
31 also requires that a medical assistant adhere to ethical and
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1 legal standards of professional practice, recognize and
2 respond to emergencies, and demonstrate professional
3 characteristics.
4 (2) DUTIES.--Under the direct supervision and
5 responsibility of a licensed physician, the duties of a
6 medical assistant may undertake the following duties are to:
7 (a) Performing Perform clinical procedures, to
8 include:
9 1. Performing aseptic procedures.
10 2. Taking vital signs.
11 3. Preparing patients for the physician's care.
12 4. Performing venipunctures and nonintravenous
13 injections.
14 5. Observing and reporting patients' signs or
15 symptoms.
16 (b) Administering basic first aid.
17 (c) Assisting with patient examinations or treatments.
18 (d) Operating office medical equipment.
19 (e) Collecting routine laboratory specimens as
20 directed by the physician.
21 (f) Administering medication as directed by the
22 physician.
23 (g) Performing basic laboratory procedures.
24 (h) Performing office procedures including all general
25 administrative duties required by the physician.
26 (i) Performing Perform dialysis procedures, including
27 home dialysis.
28 Section 25. Section 458.351, Florida Statutes, is
29 created to read:
30 458.351 Incident reports.--
31
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1 (1) Effective January 1, 1998, any physician
2 practicing in this state must notify the board in writing, by
3 certified mail, of any serious incident which occurs in the
4 physician's office. In the case of a group practice, the
5 chief administrative officer must notify the board in writing,
6 by certified mail, of any serious incident which occurs in any
7 of the offices of the physicians of that practice. The
8 required notification must be postmarked within 30 days after
9 the physician becomes aware of the incident. Incidents which
10 must be reported include: the death of a patient; severe
11 brain or spinal damage to a patient; a surgical procedure
12 being performed on the wrong patient; or a surgical procedure
13 unrelated to the patient's diagnosis or medical needs being
14 performed on any patient.
15 (2) The board may adopt rules necessary to carry out
16 the provisions of this section.
17 Section 26. Subsection (2) of section 459.003, Florida
18 Statutes, is amended, and subsection (5) is added to said
19 section, to read:
20 459.003 Definitions.--As used in this chapter:
21 (2) "Department" means the Department of Health
22 Business and Professional Regulation.
23 (5) "Doctor of Osteopathy" and "Doctor of Osteopathic
24 Medicine," when referring to degrees, shall be construed to be
25 equivalent and equal degrees.
26 Section 27. Subsections (1) and (3) and paragraph (b)
27 of subsection (5) of section 459.021, Florida Statutes, are
28 amended, and subsection (8) is added to said section, to read:
29 459.021 Registration of resident physicians, interns,
30 and fellows; list of hospital employees; penalty.--
31
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1 (1) Any person who holds a degree of Doctor of
2 Osteopathic Medicine Osteopathy from a college of osteopathic
3 medicine recognized and approved by the American Osteopathic
4 Association who desires to practice as a resident physician,
5 assistant resident physician, house physician, intern, or
6 fellow in fellowship training which leads to subspecialty
7 board certification in this state who does not hold an active
8 license issued under this chapter shall apply to the
9 department to be registered, on an application provided by the
10 department, within 30 days of commencing such a training
11 program and shall remit a fee not to exceed $300 as set by the
12 board.
13 (3) Every hospital having employed or contracted with
14 or utilized the services of a person who holds a degree of
15 Doctor of Osteopathic Medicine Osteopathy from a college of
16 osteopathic medicine recognized and approved by the American
17 Osteopathic Association as a resident physician, assistant
18 resident physician, house physician, intern, or fellow in
19 fellowship training which leads to subspecialty board
20 certification shall designate a person who shall furnish, in
21 January and July of each year, to the department a list of all
22 such persons who have served in the hospital during the
23 preceding 6-month period. The chief executive officer of each
24 such hospital shall provide the executive director of the
25 board with the name, title, and address of the person
26 responsible for furnishing such reports.
27 (5) It is a misdemeanor of the second degree,
28 punishable as provided in s. 775.082 or s. 775.083 for any
29 hospital, and also for the superintendent, administrator, and
30 other person or persons having administrative authority in a
31 hospital:
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1 (b) To fail to furnish to the department the list and
2 information required by subsection (3).
3 (8) Notwithstanding any provision of this section or
4 s. 120.52 to the contrary, any person who is registered under
5 this section is subject to the provisions of s. 459.015.
6 (9) A person registered as a resident physician under
7 this section may in the normal course of his or her employment
8 prescribe medicinal drugs described in schedules set out in
9 chapter 893 when:
10 (a) The person prescribes such medicinal drugs through
11 use of a Drug Enforcement Administration number issued to the
12 hospital by which the person is employed or at which the
13 person's services are used;
14 (b) The person is identified by a discrete suffix to
15 the identification number issued to the hospital; and
16 (c) The use of the institutional identification number
17 and individual suffixes conforms to the requirements of the
18 federal Drug Enforcement Administration.
19 Section 28. Subsection (1) of section 459.0075,
20 Florida Statutes, is amended to read:
21 459.0075 Limited licenses.--
22 (1) Any person desiring to obtain a limited license
23 shall:
24 (a) Submit to the board a licensure application and
25 fee required by this chapter. However, an osteopathic
26 physician who is not fully retired in all jurisdictions, may
27 use a limited license only for noncompensated practice.
28 However, If the person applying for a limited license submits
29 a notarized statement from the employing agency or institution
30 stating that he will not receive monetary compensation for any
31 service involving the practice of osteopathic medicine, the
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1 application fee and all licensure fees shall be waived.
2 However, any person who receives a waiver of fees for a
3 limited license shall pay such fees if the person receives
4 compensation for the practice of osteopathic medicine.
5 (b) Submit an affidavit that such osteopathic
6 physician has been licensed to practice osteopathic medicine
7 in any jurisdiction in the United States in good standing and
8 pursuant to law for at least 10 years and has now retired and
9 that he was in good standing at the time of his retirement.
10 (c) Complete an amount of continuing education
11 established by the board.
12 Section 29. Paragraphs (a) and (g) of subsection (5)
13 of section 459.0085, Florida Statutes, 1996 Supplement, are
14 amended to read:
15 459.0085 Financial responsibility.--
16 (5) The requirements of subsections (1), (2), and (3)
17 shall not apply to:
18 (a) Any person licensed under this chapter who
19 practices medicine exclusively as an officer, employee, or
20 agent of the Federal Government or of the state or its
21 agencies or its subdivisions. For the purposes of this
22 subsection, an agent of the state, its agencies, or its and
23 subdivisions is a person who is eligible for coverage under
24 any self-insurance or insurance program authorized by the
25 provisions of s. 768.28(15)(14).
26 (g) Any person holding an active license under this
27 chapter who agrees to meet all of the following criteria:
28 1. Upon the entry of an adverse final judgment arising
29 from a medical malpractice arbitration award, from a claim of
30 medical malpractice either in contract or tort, or from
31 noncompliance with the terms of a settlement agreement arising
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1 from a claim of medical malpractice either in contract or
2 tort, the licensee shall pay the judgment creditor the lesser
3 of the entire amount of the judgment with all accrued interest
4 or either $100,000, if the osteopathic physician is licensed
5 pursuant to this chapter but does not maintain hospital staff
6 privileges, or $250,000, if the osteopathic physician is
7 licensed pursuant to this chapter and maintains hospital staff
8 privileges, within 60 days after the date such judgment became
9 final and subject to execution, unless otherwise mutually
10 agreed to in writing by the parties. Such adverse final
11 judgment shall include any cross-claim, counterclaim, or claim
12 for indemnity or contribution arising from the claim of
13 medical malpractice. Upon notification of the existence of an
14 unsatisfied judgment or payment pursuant to this subparagraph,
15 the department shall notify the licensee by certified mail
16 that he shall be subject to disciplinary action unless, within
17 30 days from the date of mailing, he either:
18 a. Shows proof that the unsatisfied judgment has been
19 paid in the amount specified in this subparagraph; or
20 b. Furnishes the department with a copy of a timely
21 filed notice of appeal and either:
22 (I) A copy of a supersedeas bond properly posted in
23 the amount required by law; or
24 (II) An order from a court of competent jurisdiction
25 staying execution on the final judgment, pending disposition
26 of the appeal.
27 2. Upon the next meeting of the probable cause panel
28 of the board following 30 days after the date of mailing the
29 notice of disciplinary action to the licensee, the panel shall
30 make a determination of whether probable cause exists to take
31
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1 disciplinary action against the licensee pursuant to
2 subparagraph 1.
3 3. If the board determines that the factual
4 requirements of subparagraph 1. are met, it shall take
5 disciplinary action as it deems appropriate against the
6 licensee. Such disciplinary action shall include, at a
7 minimum, probation of the license with the restriction that
8 the licensee must make payments to the judgment creditor on a
9 schedule determined by the board to be reasonable and within
10 the financial capability of the osteopathic physician.
11 Notwithstanding any other disciplinary penalty imposed, the
12 disciplinary penalty may include suspension of the license for
13 a period not to exceed 5 years. In the event that an
14 agreement to satisfy a judgment has been met, the board shall
15 remove any restriction on the license.
16 4. The licensee has completed a form supplying
17 necessary information as required by the department.
18
19 A licensee who meets the requirements of this paragraph shall
20 be required to either post notice in the form of a sign
21 prominently displayed in the reception area and clearly
22 noticeable by all patients and or provide a written statement
23 to any person to whom medical services are being provided. A
24 copy of the written statement shall be given to each patient
25 to sign, acknowledging receipt thereof, and the signed copy
26 shall be maintained in the patient's file. If the patient
27 refuses to sign or is unable to sign the written statement,
28 the licensee shall so note it on the form. Such sign and or
29 statement shall state that: "Under Florida law, osteopathic
30 physicians are generally required to carry medical malpractice
31 insurance or otherwise demonstrate financial responsibility to
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1 cover potential claims for medical malpractice. YOUR
2 OSTEOPATHIC PHYSICIAN HAS DECIDED NOT TO CARRY MEDICAL
3 MALPRACTICE INSURANCE. This is permitted under Florida law
4 subject to certain conditions. Florida law imposes strict
5 penalties against noninsured osteopathic physicians who fail
6 to satisfy adverse judgments arising from claims of medical
7 malpractice. This notice is provided pursuant to Florida
8 law."
9 Section 30. Paragraphs (o), (gg), and (ll) of
10 subsection (1) of section 459.015, Florida Statutes, 1996
11 Supplement, are amended, and paragraph (nn) is added to said
12 subsection, to read:
13 459.015 Grounds for disciplinary action by the
14 board.--
15 (1) The following acts shall constitute grounds for
16 which the disciplinary actions specified in subsection (2) may
17 be taken:
18 (o) Failing to keep legible, as defined by department
19 rule in consultation with the board, written medical records
20 that identify the licensed osteopathic physician or the
21 osteopathic physician extender and supervising osteopathic
22 physician by name and professional title who is or are
23 responsible for rendering, ordering, supervising, or billing
24 for each diagnostic or treatment procedure and that justify
25 justifying the course of treatment of the patient, including,
26 but not limited to, patient histories; examination results;
27 test results; records of drugs prescribed, dispensed, or
28 administered; and reports of consultations and
29 hospitalizations.
30 (gg) Prescribing, ordering, dispensing, administering,
31 supplying, selling, or giving any drug which is a Schedule II
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1 amphetamine or Schedule II sympathomimetic amine drug or any
2 compound thereof, pursuant to chapter 893, to or for any
3 person except for:
4 1. The treatment of narcolepsy; hyperkinesis;
5 behavioral syndrome in children characterized by the
6 developmentally inappropriate symptoms of moderate to severe
7 distractability, short attention span, hyperactivity,
8 emotional lability, and impulsivity; or drug-induced brain
9 dysfunction;
10 2. The differential diagnostic psychiatric evaluation
11 of depression or the treatment of depression shown to be
12 refractory to other therapeutic modalities; or
13 3. The clinical investigation of the effects of such
14 drugs or compounds when an investigative protocol therefor is
15 submitted to, reviewed, and approved by the board before such
16 investigation is begun.
17 (ll) Failing to report to the department Division of
18 Medical Quality Assurance any licensee physician licensed
19 under chapter 458 or osteopathic physician licensed under this
20 chapter who the osteopathic physician or physician assistant
21 knows has violated the grounds for disciplinary action set out
22 in the law under which that person physician or osteopathic
23 physician is licensed and who provides health care services in
24 a facility licensed under chapter 395, or a health maintenance
25 organization certificated under part I of chapter 641, in
26 which the osteopathic physician or physician assistant also
27 provides services.
28 (nn) Advertising or holding oneself out as a
29 board-certified specialist in violation of this chapter.
30 Section 31. Section 459.0152, Florida Statutes, is
31 created to read:
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1 459.0152 Specialties.--An osteopathic physician
2 licensed under this chapter may not hold himself or herself
3 out as a board-certified specialist unless the osteopathic
4 physician has successfully completed the requirements for
5 certification by the American Osteopathic Association or the
6 Accreditation Council on Graduate Medical Education and is
7 certified as a specialist by a certifying agency approved by
8 the board. However, an osteopathic physician may indicate the
9 services offered and may state that his or her practice is
10 limited to one or more types of services when this accurately
11 reflects the scope of practice of the osteopathic physician.
12 Section 32. Section 459.022, Florida Statutes, 1996
13 Supplement, is amended to read:
14 459.022 Physician assistants.--
15 (1) LEGISLATIVE INTENT.--
16 (a) The purpose of this section is to encourage more
17 effective utilization of the skills of osteopathic physicians
18 or groups of osteopathic physicians by enabling them to
19 delegate health care tasks to qualified assistants when such
20 delegation is consistent with the patient's health and
21 welfare.
22 (b) In order that maximum skills may be obtained
23 within a minimum time period of education, a physician
24 assistant shall be specialized to the extent that he can
25 operate efficiently and effectively in the specialty areas in
26 which he has been trained or is experienced.
27 (c) The purpose of this section is to encourage the
28 utilization of physician assistants by osteopathic physicians
29 and to allow for innovative development of programs for the
30 education of physician assistants.
31 (2) DEFINITIONS.--As used in this section:
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1 (a) "Agency" means the Agency for Health Care
2 Administration.
3 (a)(b) "Approved program" means a program, formally
4 approved by the boards, for the education of physician
5 assistants.
6 (b)(c) "Boards" means the Board of Medicine and the
7 Board of Osteopathic Medicine.
8 (c)(d) "Council" means the Council on Physician
9 Assistants.
10 (d)(e) "Trainee" means a person who is currently
11 enrolled in an approved program.
12 (e)(f) "Physician assistant" means a person who is a
13 graduate of an approved program or its equivalent or meets
14 standards approved by the boards and is certified to perform
15 medical services delegated by the supervising physician.
16 (f)(g) "Supervision" means responsible supervision and
17 control. Except in cases of emergency, supervision requires
18 the easy availability or physical presence of the licensed
19 physician for consultation and direction of the actions of the
20 physician assistant. For the purposes of this definition, the
21 term "easy availability" includes the ability to communicate
22 by way of telecommunication. The boards shall establish rules
23 as to what constitutes responsible supervision of the
24 physician assistant.
25 (g)(h) "Proficiency examination" means an entry-level
26 examination approved by the boards, including, but not limited
27 to, those examinations administered by the National Commission
28 on Certification of Physician Assistants.
29 (h)(i) "Continuing medical education" means courses
30 recognized and approved by the boards, the American Academy of
31 Physician Assistants, the American Medical Association, the
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1 American Osteopathic Association, or the Accreditation Council
2 on Continuing Medical Education.
3 (3) PERFORMANCE OF SUPERVISING PHYSICIAN.--Each
4 physician or group of physicians supervising a certified
5 physician assistant must be qualified in the medical areas in
6 which the physician assistant is to perform and shall be
7 individually or collectively responsible and liable for the
8 performance and the acts and omissions of the physician
9 assistant. A physician may not supervise more than four
10 currently certified physician assistants at any one time.
11 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
12 (a) The boards shall adopt, by rule, the general
13 principles that supervising physicians must use in developing
14 the scope of practice of a physician assistant under direct
15 supervision and under indirect supervision. These principles
16 shall recognize the diversity of both specialty and practice
17 settings in which physician assistants are used.
18 (b) This chapter does not prevent third-party payors
19 from reimbursing employers of physician assistants for covered
20 services rendered by certified physician assistants.
21 (c) Certified physician assistants may not be denied
22 clinical hospital privileges, except for cause, so long as the
23 supervising physician is a staff member in good standing.
24 (d) A supervisory physician may delegate to a
25 certified physician assistant, pursuant to a written protocol,
26 the authority to act according to s. 154.04(1)(c)(d). Such
27 delegated authority is limited to the supervising physician's
28 practice in connection with a county public health department
29 unit as defined and established pursuant to chapter 154. The
30 boards shall adopt rules governing the supervision of
31
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1 physician assistants by physicians in county public health
2 departments units.
3 (e) A supervisory physician may delegate to a fully
4 certified physician assistant the authority to prescribe any
5 medication used in the supervisory physician's practice if
6 such medication is listed on the formulary created pursuant to
7 s. 458.347. A fully certified physician assistant may only
8 prescribe such medication under the following circumstances:
9 1. A physician assistant must clearly identify to the
10 patient that he is a physician assistant. Furthermore, the
11 physician assistant must inform the patient that the patient
12 has the right to see the physician prior to any prescription
13 being prescribed by the physician assistant.
14 2. The supervisory physician must notify the
15 department agency of his intent to delegate, on a
16 department-approved an agency-approved form, before delegating
17 such authority and with each certification renewal application
18 filed by the physician assistant.
19 3. The physician assistant must file with the
20 department agency, before commencing to prescribe, evidence
21 that he has completed a continuing medical education course of
22 at least 3 classroom hours in prescriptive practice, conducted
23 by an accredited program approved by the boards, which course
24 covers the limitations, responsibilities, and privileges
25 involved in prescribing medicinal drugs, or evidence that he
26 has received education comparable to the continuing education
27 course as part of an accredited physician assistant training
28 program.
29 4. The physician assistant must file with the
30 department agency, before commencing to prescribe, evidence
31 that the physician assistant has a minimum of 3 months of
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1 clinical experience in the specialty area of the supervising
2 physician.
3 5. The physician assistant must file with the
4 department agency a signed affidavit that he has completed a
5 minimum of 10 continuing medical education hours in the
6 specialty practice in which the physician assistant has
7 prescriptive privileges with each certification renewal
8 application.
9 6. The department agency shall issue certification and
10 a prescriber number to the physician assistant granting
11 authority for the prescribing of medicinal drugs authorized
12 within this paragraph upon completion of the foregoing
13 requirements.
14 7. The prescription must be written in a form that
15 complies with chapter 499 and must contain, in addition to the
16 supervisory physician's name, address, and telephone number,
17 the physician assistant's prescriber number. The prescription
18 must be filled in a pharmacy permitted under chapter 465, and
19 must be dispensed in that pharmacy by a pharmacist licensed
20 under chapter 465. The appearance of the prescriber number
21 creates a presumption that the physician assistant is
22 authorized to prescribe the medicinal drug and the
23 prescription is valid.
24 8. The physician assistant must note the prescription
25 in the appropriate medical record, and the supervisory
26 physician must review and sign each notation. For dispensing
27 purposes only, the failure of the supervisory physician to
28 comply with these requirements does not affect the validity of
29 the prescription.
30 9. This paragraph does not prohibit a supervisory
31 physician from delegating to a physician assistant the
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1 authority to order medication for a hospitalized patient of
2 the supervisory physician.
3
4 This paragraph does not apply to facilities licensed pursuant
5 to chapter 395.
6 (f)1. There is created a five-member committee
7 appointed by the Director of Health Care Administration. The
8 committee must be composed of one fully certified physician
9 assistant certified pursuant to this section or s. 458.347,
10 two physicians licensed pursuant to chapter 458, one of whom
11 supervises a fully licensed physician assistant, one
12 osteopathic physician licensed pursuant to this chapter, and
13 one pharmacist licensed pursuant to chapter 465 who is not
14 licensed pursuant to this chapter or chapter 458. The
15 committee shall establish a formulary of medicinal drugs for
16 which a fully certified physician assistant may prescribe.
17 The formulary may not include controlled substances as defined
18 in chapter 893, antineoplastics, antipsychotics,
19 radiopharmaceuticals, general anesthetics or radiographic
20 contrast materials, or any parenteral preparations except
21 insulin and epinephrine.
22 2. Only the committee shall add to, delete from, or
23 modify the formulary. Any person who requests an addition,
24 deletion, or modification of a medicinal drug listed on such
25 formulary has the burden of proof to show cause why such
26 addition, deletion, or modification should be made.
27 3. The boards shall adopt the formulary required by
28 this paragraph, and each addition, deletion, or modification
29 to the formulary, by rule. Notwithstanding any provision of
30 chapter 120 to the contrary, the formulary rule shall be
31 effective 60 days after the date it is filed with the
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1 Secretary of State. Upon adoption of the formulary, the
2 department agency shall mail a copy of such formulary to each
3 fully certified physician assistant and to each pharmacy
4 licensed by the state. The boards shall establish, by rule, a
5 fee not to exceed $200 to fund the provisions of this
6 paragraph and paragraph (e).
7 (5) PERFORMANCE BY TRAINEES.--Notwithstanding any
8 other law, a trainee may perform medical services when such
9 services are rendered within the scope of an approved program.
10 (6) PROGRAM APPROVAL.--
11 (a) The boards shall approve programs, based on
12 recommendations by the council, for the education and training
13 of physician assistants which meet standards established by
14 rule of the boards. The council may recommend only those
15 physician assistant programs that hold full accreditation or
16 provisional accreditation from the Commission on Accreditation
17 of Allied Health Programs or its successor organization.
18 (b) The boards shall adopt and publish standards to
19 ensure that such programs operate in a manner that does not
20 endanger the health or welfare of the patients who receive
21 services within the scope of the programs. The boards shall
22 review the quality of the curricula, faculties, and facilities
23 of such programs and take whatever other action is necessary
24 to determine that the purposes of this section are being met.
25 (7) PHYSICIAN ASSISTANT CERTIFICATION.--
26 (a) Any person desiring to be certified as a physician
27 assistant must apply to the department agency. The department
28 agency shall issue a certificate to any person certified by
29 the council as having met the following requirements:
30 1. Is at least 18 years of age.
31
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1 2. Has satisfactorily passed a proficiency examination
2 by an acceptable score established by the National Commission
3 on Certification of Physician Assistants. If an applicant
4 does not hold a current certificate issued by the National
5 Commission on Certification of Physician Assistants and has
6 not actively practiced as a physician assistant within the
7 immediately preceding 4 years, the applicant must retake and
8 successfully complete the entry-level examination of the
9 National Commission on Certification of Physician Assistants
10 to be eligible for certification.
11 3. Has completed the application form and remitted an
12 application fee not to exceed $300 as set by the boards. An
13 application for certification made by a physician assistant
14 must include:
15 a. A certificate of completion of a physician
16 assistant training program specified in subsection (6).
17 b. A sworn statement of any prior felony convictions.
18 c. A sworn statement of any previous revocation or
19 denial of licensure or certification in any state.
20 d. Two letters of recommendation.
21 (b) The certification must be renewed biennially.
22 Each renewal must include:
23 1. A renewal fee not to exceed $500 as set by the
24 boards.
25 2. A sworn statement of no felony convictions in the
26 previous 2 years.
27 (c) Each certified physician assistant shall
28 biennially complete 100 hours of continuing medical education
29 or shall hold a current certificate issued by the National
30 Commission on Certification of Physician Assistants.
31
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1 (d) Upon employment as a physician assistant, a
2 certified physician assistant must notify the department
3 agency in writing within 30 days after such employment or
4 after any subsequent changes in the supervising physician.
5 The notification must include the full name, Florida medical
6 license number, specialty, and address of the supervising
7 physician.
8 (e) Notwithstanding subparagraph (a)2., the department
9 agency may grant to a recent graduate of an approved program,
10 as specified in subsection (6), temporary certification to
11 expire upon receipt of scores of the proficiency examination
12 administered by the National Commission on Certification of
13 Physician Assistants. Between meetings of the council, the
14 department agency may grant temporary certification to
15 practice to physician assistant applicants based on the
16 completion of all temporary certification requirements. All
17 such administratively issued certifications shall be reviewed
18 and acted on at the next regular meeting of the council. The
19 recent graduate may be certified prior to employment, but must
20 comply with paragraph (d). An applicant who has passed the
21 proficiency examination may be granted permanent
22 certification. An applicant failing the proficiency
23 examination is no longer temporarily certified, but may
24 reapply for a 1-year extension of temporary certification. An
25 applicant may not be granted more than two temporary
26 certificates and may not be certified as a physician assistant
27 until he passes the examination administered by the National
28 Commission on Certification of Physician Assistants. As
29 prescribed by board rule, the council may require an applicant
30 who does not pass the licensing examination after five or more
31 attempts to complete additional remedial education or
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1 training. The council shall prescribe the additional
2 requirements in a manner that permits the applicant to
3 complete the requirements and be reexamined within 2 years
4 after the date the applicant petitions the council to retake
5 the examination a sixth or subsequent time.
6 (f) The Board of Osteopathic Medicine may impose any
7 of the penalties specified in ss. 455.227 and 459.015(2) upon
8 a physician assistant if the physician assistant or the
9 supervising physician has been found guilty of or is being
10 investigated for any act that constitutes a violation of this
11 chapter or chapter 455.
12 (8) DELEGATION OF POWERS AND DUTIES.--The boards may
13 delegate such powers and duties to the council as they may
14 deem proper.
15 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
16 Physician Assistants is created within the department Agency
17 for Health Care Administration.
18 (a) The council shall consist of five members
19 appointed as follows:
20 1. The chairperson of the Board of Medicine shall
21 appoint three members who are physicians and members of the
22 Board of Medicine. One of the physicians must supervise a
23 physician assistant in the physician's practice.
24 2. The chairperson of the Board of Osteopathic
25 Medicine shall appoint one member who is a physician,
26 supervises a physician assistant in the physician's practice,
27 and is a member of the Board of Osteopathic Medicine.
28 3. The secretary of the department head of the agency
29 or his designee shall appoint a fully certified physician
30 assistant licensed under chapter 458 or this chapter.
31
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1 (b) Two of the members appointed to the council must
2 be physicians who supervise physician assistants in their
3 practice. Members shall be appointed to terms of 4 years,
4 except that of the initial appointments, two members shall be
5 appointed to terms of 2 years, two members shall be appointed
6 to terms of 3 years, and one member shall be appointed to a
7 term of 4 years, as established by rule of the boards.
8 Council members may not serve more than two consecutive terms.
9 The council shall annually elect a chairperson from among its
10 members.
11 (c) The council shall:
12 1. Recommend to the department agency the
13 certification of physician assistants.
14 2. Develop all rules regulating the use of physician
15 assistants by physicians under chapter 458 and this chapter,
16 except for rules relating to the formulary developed under s.
17 458.347(4)(f). The council shall also develop rules to ensure
18 that the continuity of supervision is maintained in each
19 practice setting. The boards shall consider adopting a
20 proposed rule developed by the council at the regularly
21 scheduled meeting immediately following the submission of the
22 proposed rule by the council. A proposed rule submitted by
23 the council may not be adopted by either board unless both
24 boards have accepted and approved the identical language
25 contained in the proposed rule. The language of all proposed
26 rules submitted by the council must be approved by both boards
27 pursuant to each respective board's guidelines and standards
28 regarding the adoption of proposed rules. If either board
29 rejects the council's proposed rule, that board must specify
30 its objection to the council with particularity and include
31
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1 any recommendations it may have for the modification of the
2 proposed rule.
3 3. Make recommendations to the boards regarding all
4 matters relating to physician assistants.
5 4. Address concerns and problems of practicing
6 physician assistants in order to improve safety in the
7 clinical practices of certified physician assistants.
8 (10) INACTIVE AND DELINQUENT STATUS.--A certificate on
9 inactive or delinquent status may be reactivated only as
10 provided in s. 455.271.
11 (11) PENALTY.--Any person who has not been certified
12 by the council and approved by the department agency and who
13 holds himself out as a physician assistant or who uses any
14 other term in indicating or implying that he is a physician
15 assistant commits a felony of the third degree, punishable as
16 provided in s. 775.082 or s. 775.084 or by a fine not
17 exceeding $5,000.
18 (12) DENIAL, SUSPENSION, OR REVOCATION OF
19 CERTIFICATION.--The boards may deny, suspend, or revoke a
20 physician assistant certification if a board determines that
21 the physician assistant has violated this chapter.
22 (13) RULES.--The boards shall adopt rules to implement
23 this section, including rules detailing the contents of the
24 application for certification and notification pursuant to
25 subsection (7) and rules to ensure both the continued
26 competency of physician assistants and the proper utilization
27 of them by physicians or groups of physicians.
28 (14) EXISTING PROGRAMS.--This section does not
29 eliminate or supersede existing laws relating to other
30 paramedical professions or services and is supplemental to all
31
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1 such existing laws relating to the certification and practice
2 of paramedical professions.
3 (15) LIABILITY.--Each supervising physician using a
4 physician assistant is liable for any acts or omissions of the
5 physician assistant acting under the physician's supervision
6 and control.
7 (16) LEGAL SERVICES.--The Department of Legal Affairs
8 shall provide legal services to the council as authorized in
9 s. 455.221(1).
10 (17) FEES.--The department agency shall allocate the
11 fees collected under this section to the council.
12 Section 33. Section 459.025, Florida Statutes, is
13 created to read:
14 459.025 Incident reports.--
15 (1) Effective January 1, 1998, any physician
16 practicing in this state must notify the board in writing, by
17 certified mail, of any serious incident which occurs in the
18 physician's office. In the case of a group practice, the
19 chief administrative officer must notify the board in writing,
20 by certified mail, of any serious incident which occurs in any
21 of the offices of the physicians of that practice. The
22 required notification must be postmarked within 30 days after
23 the physician becomes aware of the incident. Incidents which
24 must be reported include: the death of a patient; severe
25 brain or spinal damage to a patient; a surgical procedure
26 being performed on the wrong patient; or a surgical procedure
27 unrelated to the patient's diagnosis or medical needs being
28 performed on any patient.
29 (2) The board may adopt rules necessary to carry out
30 the provisions of this section.
31
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1 Section 34. Subsection (1) of section 240.4067,
2 Florida Statutes, is amended to read:
3 240.4067 Medical Education Reimbursement and Loan
4 Repayment Program.--
5 (1) To encourage qualified medical professionals to
6 practice in underserved locations where there are shortages of
7 such personnel, there is established the Medical Education
8 Reimbursement and Loan Repayment Program. The function of the
9 program is to make payments that offset loans and educational
10 expenses incurred by students for studies leading to a medical
11 or nursing degree, medical or nursing licensure, or advanced
12 registered nurse practitioner or physician's assistant
13 certification. The following licensed or certified health
14 care professionals are eligible to participate in this
15 program: medical doctors with primary care specialties,
16 doctors of osteopathic medicine osteopathy with primary care
17 specialties, physician's assistants, licensed practical nurses
18 and registered nurses, and advanced registered nurse
19 practitioners with primary care specialties such as certified
20 nurse midwives. Primary care medical specialties for
21 physicians include obstetrics, gynecology, general and family
22 practice, internal medicine, pediatrics, and other specialties
23 which may be identified by the Department of Health and
24 Rehabilitative Services.
25 Section 35. Subsection (5) of section 390.011, Florida
26 Statutes, is amended to read:
27 390.011 Definitions.--As used in this act:
28 (5) "Physician" means a physician licensed under
29 chapter 458 or chapter 459 or a physician practicing medicine
30 or osteopathic medicine osteopathy in the employment of the
31 United States or this state.
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1 Section 36. Subsection (1) of section 395.0191,
2 Florida Statutes, is amended to read:
3 395.0191 Staff membership and clinical privileges.--
4 (1) No licensed facility, in considering and acting
5 upon an application for staff membership or clinical
6 privileges, shall deny the application of a qualified doctor
7 of medicine licensed under chapter 458, a doctor of
8 osteopathic medicine osteopathy licensed under chapter 459, a
9 doctor of dentistry licensed under chapter 466, a doctor of
10 podiatry licensed under chapter 461, or a psychologist
11 licensed under chapter 490 for such staff membership or
12 clinical privileges within the scope of his or her respective
13 licensure solely because the applicant is licensed under any
14 of such chapters.
15 Section 37. Paragraph (g) of subsection (1) of section
16 408.035, Florida Statutes, is amended to read:
17 408.035 Review criteria.--
18 (1) The agency shall determine the reviewability of
19 applications and shall review applications for
20 certificate-of-need determinations for health care facilities
21 and services, hospices, and health maintenance organizations
22 in context with the following criteria:
23 (g) The need for research and educational facilities,
24 including, but not limited to, institutional training programs
25 and community training programs for health care practitioners
26 and for doctors of osteopathic medicine osteopathy and
27 medicine at the student, internship, and residency training
28 levels.
29 Section 38. Subsection (9) of section 409.905, Florida
30 Statutes, 1996 Supplement, is amended to read:
31
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1 409.905 Mandatory Medicaid services.--The agency may
2 make payments for the following services, which are required
3 of the state by Title XIX of the Social Security Act,
4 furnished by Medicaid providers to recipients who are
5 determined to be eligible on the dates on which the services
6 were provided. Any service under this section shall be
7 provided only when medically necessary and in accordance with
8 state and federal law. Nothing in this section shall be
9 construed to prevent or limit the agency from adjusting fees,
10 reimbursement rates, lengths of stay, number of visits, number
11 of services, or any other adjustments necessary to comply with
12 the availability of moneys and any limitations or directions
13 provided for in the General Appropriations Act or chapter 216.
14 (9) PHYSICIAN SERVICES.--The agency shall pay for
15 covered services and procedures rendered to a recipient by, or
16 under the personal supervision of, a person licensed under
17 state law to practice medicine or osteopathic medicine
18 osteopathy. These services may be furnished in the
19 physician's office, the Medicaid recipient's home, a hospital,
20 a nursing facility, or elsewhere, but shall be medically
21 necessary for the treatment of an injury, illness, or disease
22 within the scope of the practice of medicine or osteopathic
23 medicine osteopathy as defined by state law. The agency shall
24 not pay for services that are clinically unproven,
25 experimental, or for purely cosmetic purposes.
26 Section 39. Subsection (33) of section 415.102,
27 Florida Statutes, is amended to read:
28 415.102 Definitions of terms used in ss.
29 415.101-415.113.--As used in ss. 415.101-415.113, the term:
30 (33) "Specified medical personnel" means licensed or
31 certified physicians, osteopathic physicians osteopaths,
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1 nurses, paramedics, advanced registered nurse practitioners,
2 psychologists, psychiatrists, mental health professionals, or
3 any other licensed or certified medical personnel.
4 Section 40. Paragraph (a) of subsection (1) of section
5 415.1034, Florida Statutes, is amended to read:
6 415.1034 Mandatory reporting of abuse, neglect, or
7 exploitation of disabled adults or elderly persons; mandatory
8 reports of death.--
9 (1) MANDATORY REPORTING.--
10 (a) Any person, including, but not limited to, any:
11 1. Physician, osteopathic physician osteopath, medical
12 examiner, chiropractor, nurse, or hospital personnel engaged
13 in the admission, examination, care, or treatment of disabled
14 adults or elderly persons;
15 2. Health professional or mental health professional
16 other than one listed in subparagraph 1.;
17 3. Practitioner who relies solely on spiritual means
18 for healing;
19 4. Nursing home staff; assisted living facility staff;
20 adult day care center staff; adult family-care home staff;
21 social worker; or other professional adult care, residential,
22 or institutional staff;
23 5. State, county, or municipal criminal justice
24 employee or law enforcement officer;
25 6. Human rights advocacy committee or long-term care
26 ombudsman council member; or
27 7. Bank, savings and loan, or credit union officer,
28 trustee, or employee,
29
30 who knows, or has reasonable cause to suspect, that a disabled
31 adult or an elderly person has been or is being abused,
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1 neglected, or exploited shall immediately report such
2 knowledge or suspicion to the central abuse registry and
3 tracking system on the single statewide toll-free telephone
4 number.
5 Section 41. Paragraph (a) of subsection (1) of section
6 415.504, Florida Statutes, 1996 Supplement, is amended to
7 read:
8 415.504 Mandatory reports of child abuse or neglect;
9 mandatory reports of death; central abuse hotline.--
10 (1) Any person, including, but not limited to, any:
11 (a) Physician, osteopathic physician osteopath,
12 medical examiner, chiropractor, nurse, or hospital personnel
13 engaged in the admission, examination, care, or treatment of
14 persons;
15
16 who knows, or has reasonable cause to suspect, that a child is
17 an abused, abandoned, or neglected child shall report such
18 knowledge or suspicion to the department in the manner
19 prescribed in subsection (2).
20 Section 42. Subsection (2) of section 440.106, Florida
21 Statutes, is amended to read:
22 440.106 Civil remedies; administrative penalties.--
23 (2) Whenever a physician, osteopathic physician
24 osteopath, chiropractor, podiatrist, or other practitioner is
25 determined to have violated s. 440.105, the Board of Medicine
26 Medical Examiners as set forth in chapter 458, the Board of
27 Osteopathic Medicine Medical Examiners as set forth in chapter
28 459, the Board of Chiropractic as set forth in chapter 460,
29 the Board of Podiatric Medicine as set forth in chapter 461,
30 or other appropriate licensing authority, shall hold an
31 administrative hearing to consider the imposition of
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1 administrative sanctions as provided by law against said
2 physician, osteopathic physician osteopath, chiropractor, or
3 other practitioner.
4 Section 43. Paragraph (r) of subsection (1) of section
5 440.13, Florida Statutes, 1996 Supplement, is amended to read:
6 440.13 Medical services and supplies; penalty for
7 violations; limitations.--
8 (1) DEFINITIONS.--As used in this section, the term:
9 (r) "Physician" or "doctor" means a medical doctor or
10 doctor of osteopathy licensed under chapter 458, a physician
11 licensed under chapter 458, an osteopathic physician osteopath
12 licensed under chapter 459, a chiropractor licensed under
13 chapter 460, a podiatrist licensed under chapter 461, an
14 optometrist licensed under chapter 463, or a dentist licensed
15 under chapter 466, each of whom must be certified by the
16 division as a health care provider.
17 Section 44. Paragraphs (i) and (k) of subsection (1)
18 of section 440.134, Florida Statutes, are amended to read:
19 440.134 Workers' compensation managed care
20 arrangement.--
21 (1) As used in this section, the term:
22 (i) "Medical care coordinator" means a primary care
23 provider within a provider network who is responsible for
24 managing the medical care of an injured worker including
25 determining other health care providers and health care
26 facilities to which the injured employee will be referred for
27 evaluation or treatment. A medical care coordinator shall be a
28 physician licensed under chapter 458 or an osteopathic
29 physician osteopath licensed under chapter 459.
30 (k) "Primary care provider" means, except in the case
31 of emergency treatment, the initial treating physician and,
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1 when appropriate, continuing treating physician, who may be a
2 family practitioner, general practitioner, or internist
3 physician licensed under chapter 458; a family practitioner,
4 general practitioner, or internist osteopathic physician
5 osteopath licensed under chapter 459; a chiropractor licensed
6 under chapter 460; a podiatrist licensed under chapter 461; an
7 optometrist licensed under chapter 463; or a dentist licensed
8 under chapter 466.
9 Section 45. Paragraph (a) of subsection (3) of section
10 440.15, Florida Statutes, 1996 Supplement, is amended to read:
11 440.15 Compensation for disability.--Compensation for
12 disability shall be paid to the employee, subject to the
13 limits provided in s. 440.12(2), as follows:
14 (3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
15 (a) Impairment benefits.--
16 1. Once the employee has reached the date of maximum
17 medical improvement, impairment benefits are due and payable
18 within 20 days after the carrier has knowledge of the
19 impairment.
20 2. The three-member panel, in cooperation with the
21 division, shall establish and use a uniform permanent
22 impairment rating schedule. This schedule must be based on
23 medically or scientifically demonstrable findings as well as
24 the systems and criteria set forth in the American Medical
25 Association's Guides to the Evaluation of Permanent
26 Impairment; the Snellen Charts, published by American Medical
27 Association Committee for Eye Injuries; and the Minnesota
28 Department of Labor and Industry Disability Schedules. The
29 schedule should be based upon objective findings. The schedule
30 shall be more comprehensive than the AMA Guides to the
31 Evaluation of Permanent Impairment and shall expand the areas
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1 already addressed and address additional areas not currently
2 contained in the guides. On August 1, 1979, and pending the
3 adoption, by rule, of a permanent schedule, Guides to the
4 Evaluation of Permanent Impairment, copyright 1977, 1971,
5 1988, by the American Medical Association, shall be the
6 temporary schedule and shall be used for the purposes hereof.
7 For injuries after July 1, 1990, pending the adoption by
8 division rule of a uniform disability rating schedule, the
9 Minnesota Department of Labor and Industry Disability Schedule
10 shall be used unless that schedule does not address an injury.
11 In such case, the Guides to the Evaluation of Permanent
12 Impairment by the American Medical Association shall be used.
13 Determination of permanent impairment under this schedule must
14 be made by a physician licensed under chapter 458, a doctor of
15 osteopathic medicine osteopathy licensed under chapters 458
16 and 459, a chiropractor licensed under chapter 460, a
17 podiatrist licensed under chapter 461, an optometrist licensed
18 under chapter 463, or a dentist licensed under chapter 466, as
19 appropriate considering the nature of the injury. No other
20 persons are authorized to render opinions regarding the
21 existence of or the extent of permanent impairment.
22 3. All impairment income benefits shall be based on an
23 impairment rating using the impairment schedule referred to in
24 subparagraph 2. Impairment income benefits are paid weekly at
25 the rate of 50 percent of the employee's average weekly
26 temporary total disability benefit not to exceed the maximum
27 weekly benefit under s. 440.12. An employee's entitlement to
28 impairment income benefits begins the day after the employee
29 reaches maximum medical improvement or the expiration of
30 temporary benefits, whichever occurs earlier, and continues
31 until the earlier of:
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1 a. The expiration of a period computed at the rate of
2 3 weeks for each percentage point of impairment; or
3 b. The death of the employee.
4 4. After the employee has been certified by a doctor
5 as having reached maximum medical improvement or 6 weeks
6 before the expiration of temporary benefits, whichever occurs
7 earlier, the certifying doctor shall evaluate the condition of
8 the employee and assign an impairment rating, using the
9 impairment schedule referred to in subparagraph 2.
10 Compensation is not payable for the mental, psychological, or
11 emotional injury arising out of depression from being out of
12 work. If the certification and evaluation are performed by a
13 doctor other than the employee's treating doctor, the
14 certification and evaluation must be submitted to the treating
15 doctor, and the treating doctor must indicate agreement or
16 disagreement with the certification and evaluation. The
17 certifying doctor shall issue a written report to the
18 division, the employee, and the carrier certifying that
19 maximum medical improvement has been reached, stating the
20 impairment rating, and providing any other information
21 required by the division. If the employee has not been
22 certified as having reached maximum medical improvement before
23 the expiration of 102 weeks after the date temporary total
24 disability benefits begin to accrue, the carrier shall notify
25 the treating doctor of the requirements of this section.
26 5. The carrier shall pay the employee impairment
27 income benefits for a period based on the impairment rating.
28 Section 46. Subsection (2) of section 456.31, Florida
29 Statutes, is amended to read:
30 456.31 Legislative intent.--
31
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1 (2) It is the intent of the Legislature to provide for
2 certain practitioners of the healing arts, such as a trained
3 and qualified dentist, to use hypnosis for hypnoanesthesia or
4 for the allaying of anxiety in relation to dental work;
5 however, under no circumstances shall it be legal or proper
6 for the dentist or the individual to whom the dentist may
7 refer the patient, to use hypnosis for the treatment of the
8 neurotic difficulties of a patient. The same applies to the
9 optometrist, podiatrist, chiropractor, osteopathic physician
10 osteopath, or physician of medicine.
11 Section 47. Subsection (1) of section 459.006, Florida
12 Statutes, is amended to read:
13 459.006 Licensure by examination.--Any person desiring
14 to be licensed by examination shall:
15 (1) Have successfully completed a resident internship
16 of not less than 12 months in a hospital approved for this
17 purpose by the Board of Trustees of the American Osteopathic
18 Association or any other internship program approved by the
19 board upon a showing of good cause by the applicant. This
20 requirement may be waived for applicants who matriculated in a
21 college of osteopathic medicine osteopathy during or before
22 1948.
23 Section 48. Subsection (1) of section 462.01, Florida
24 Statutes, is amended to read:
25 462.01 Definitions.--As used in this chapter:
26 (1) "Natureopathy" and "Naturopathy" shall be
27 construed as synonymous terms and mean the use and practice of
28 psychological, mechanical, and material health sciences to aid
29 in purifying, cleansing, and normalizing human tissues for the
30 preservation or restoration of health, according to the
31 fundamental principles of anatomy, physiology, and applied
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1 psychology, as may be required. Naturopathic practice
2 employs, among other agencies, phytotherapy, dietetics,
3 psychotherapy, suggestotherapy, hydrotherapy, zone therapy,
4 biochemistry, external applications, electrotherapy,
5 mechanotherapy, mechanical and electrical appliances, hygiene,
6 first aid, sanitation, and heliotherapy; provided, however,
7 that nothing in this chapter shall be held or construed to
8 authorize any naturopathic physician licensed hereunder to
9 practice materia medica or surgery or chiropractic, nor shall
10 the provisions of this law in any manner apply to or affect
11 the practice of osteopathic medicine osteopathy, chiropractic,
12 Christian Science, or any other treatment authorized and
13 provided for by law for the cure or prevention of disease and
14 ailments.
15 Section 49. Subsection (10) of section 468.301,
16 Florida Statutes, is amended to read:
17 468.301 Definitions.--As used in this part, the term:
18 (10) "Licensed practitioner" means a person who is
19 licensed or otherwise authorized by law to practice medicine,
20 podiatry, chiropody, osteopathic medicine osteopathy,
21 naturopathy, or chiropractic in this state.
22 Section 50. Paragraph (a) of subsection (6) of section
23 468.302, Florida Statutes, 1996 Supplement, is amended to
24 read:
25 468.302 Use of radiation; identification of certified
26 persons; limitations; exceptions.--
27 (6) Requirement for certification does not apply to:
28 (a) A hospital resident who is not a licensed
29 practitioner in this state or a student enrolled in and
30 attending a school or college of medicine, osteopathic
31 medicine osteopathy, chiropody, podiatry, or chiropractic or a
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1 radiologic technology educational program and who applies
2 radiation to a human being while under the direct supervision
3 of a licensed practitioner.
4 Section 51. Subsection (1) of section 476.044, Florida
5 Statutes, is amended to read:
6 476.044 Exemptions.--This chapter does not apply to
7 the following persons when practicing pursuant to their
8 professional responsibilities and duties:
9 (1) Persons authorized under the laws of this state to
10 practice medicine, surgery, osteopathic medicine osteopathy,
11 chiropractic, naturopathy, or podiatry;
12 Section 52. Paragraph (a) of subsection (1) of section
13 477.0135, Florida Statutes, is amended to read:
14 477.0135 Exemptions.--
15 (1) This chapter does not apply to the following
16 persons when practicing pursuant to their professional or
17 occupational responsibilities and duties:
18 (a) Persons authorized under the laws of this state to
19 practice medicine, surgery, osteopathic medicine osteopathy,
20 chiropractic, massage, naturopathy, or podiatry.
21 Section 53. Paragraph (a) of subsection (8) of section
22 483.291, Florida Statutes, is amended to read:
23 483.291 Powers and duties of the agency; rules.--The
24 agency shall adopt rules to implement this part, which rules
25 must include the following:
26 (8) PERSONNEL.--The agency shall prescribe minimum
27 qualifications for center personnel. A center may employ as a
28 medical assistant a person who has at least one of the
29 following qualifications:
30 (a) Prior experience of not less than 6 months as a
31 medical assistant in the office of a licensed medical doctor
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1 or osteopathic physician osteopath or in a hospital, an
2 ambulatory surgical center, a home health agency, or a health
3 maintenance organization.
4 Section 54. Subsection (1) of section 621.03, Florida
5 Statutes, is amended to read:
6 621.03 Definitions.--As used in this act the following
7 words shall have the meaning indicated:
8 (1) The term "professional service" means any type of
9 personal service to the public which requires as a condition
10 precedent to the rendering of such service the obtaining of a
11 license or other legal authorization. By way of example and
12 without limiting the generality thereof, the personal services
13 which come within the provisions of this act are the personal
14 services rendered by certified public accountants, public
15 accountants, chiropractors, dentists, osteopathic physicians
16 osteopaths, physicians and surgeons, doctors of medicine,
17 doctors of dentistry, podiatrists, chiropodists, architects,
18 veterinarians, attorneys at law, and life insurance agents.
19 Section 55. Paragraph (h) of subsection (4) of section
20 627.351, Florida Statutes, 1996 Supplement, is amended to
21 read:
22 627.351 Insurance risk apportionment plans.--
23 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.--
24 (h) As used in this subsection:
25 1. "Health care provider" means hospitals licensed
26 under chapter 395; physicians licensed under chapter 458;
27 osteopathic physicians osteopaths licensed under chapter 459;
28 podiatrists licensed under chapter 461; dentists licensed
29 under chapter 466; chiropractors licensed under chapter 460;
30 naturopaths licensed under chapter 462; nurses licensed under
31 chapter 464; midwives licensed under chapter 467; clinical
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1 laboratories registered under chapter 483; physician
2 assistants certified under chapter 458; physical therapists
3 and physical therapist assistants licensed under chapter 486;
4 health maintenance organizations certificated under part I of
5 chapter 641; ambulatory surgical centers licensed under
6 chapter 395; other medical facilities as defined in
7 subparagraph 2.; blood banks, plasma centers, industrial
8 clinics, and renal dialysis facilities; or professional
9 associations, partnerships, corporations, joint ventures, or
10 other associations for professional activity by health care
11 providers.
12 2. "Other medical facility" means a facility the
13 primary purpose of which is to provide human medical
14 diagnostic services or a facility providing nonsurgical human
15 medical treatment, to which facility the patient is admitted
16 and from which facility the patient is discharged within the
17 same working day, and which facility is not part of a
18 hospital. However, a facility existing for the primary
19 purpose of performing terminations of pregnancy or an office
20 maintained by a physician or dentist for the practice of
21 medicine shall not be construed to be an "other medical
22 facility."
23 3. "Health care facility" means any hospital licensed
24 under chapter 395, health maintenance organization
25 certificated under part I of chapter 641, ambulatory surgical
26 center licensed under chapter 395, or other medical facility
27 as defined in subparagraph 2.
28 Section 56. Paragraph (b) of subsection (1) of section
29 627.357, Florida Statutes, is amended to read:
30 627.357 Medical malpractice self-insurance.--
31 (1) DEFINITIONS.--As used in this section, the term:
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1 (b) "Health care provider" means any:
2 1. Hospital licensed under chapter 395.
3 2. Physician licensed, or physician assistant
4 certified, under chapter 458.
5 3. Osteopathic physician Osteopath licensed under
6 chapter 459.
7 4. Podiatrist licensed under chapter 461.
8 5. Health maintenance organization certificated under
9 part I of chapter 641.
10 6. Ambulatory surgical center licensed under chapter
11 395.
12 7. Chiropractor licensed under chapter 460.
13 8. Psychologist licensed under chapter 490.
14 9. Optometrist licensed under chapter 463.
15 10. Dentist licensed under chapter 466.
16 11. Pharmacist licensed under chapter 465.
17 12. Registered nurse, licensed practical nurse, or
18 advanced registered nurse practitioner licensed or registered
19 under chapter 464.
20 13. Other medical facility.
21 14. Professional association, partnership,
22 corporation, joint venture, or other association established
23 by the individuals set forth in subparagraphs 2., 3., 4., 7.,
24 8., 9., 10., 11., and 12. for professional activity.
25 Section 57. Subsection (10) of section 627.6482,
26 Florida Statutes, is amended to read:
27 627.6482 Definitions.--As used in ss.
28 627.648-627.6498, the term:
29 (10) "Physician" means a physician licensed under
30 chapter 458; an osteopathic physician osteopath licensed under
31 chapter 459; a chiropractor licensed under chapter 460; a
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1 podiatrist licensed under chapter 461; or, for purposes of
2 oral surgery only, a dental surgeon licensed under chapter
3 466.
4 Section 58. Section 725.01, Florida Statutes, is
5 amended to read:
6 725.01 Promise to pay another's debt, etc.--No action
7 shall be brought whereby to charge any executor or
8 administrator upon any special promise to answer or pay any
9 debt or damages out of his own estate, or whereby to charge
10 the defendant upon any special promise to answer for the debt,
11 default or miscarriage of another person or to charge any
12 person upon any agreement made upon consideration of marriage,
13 or upon any contract for the sale of lands, tenements or
14 hereditaments, or of any uncertain interest in or concerning
15 them, or for any lease thereof for a period longer than 1
16 year, or upon any agreement that is not to be performed within
17 the space of 1 year from the making thereof, or whereby to
18 charge any health care provider upon any guarantee, warranty,
19 or assurance as to the results of any medical, surgical, or
20 diagnostic procedure performed by any physician licensed under
21 chapter 458, osteopathic physician osteopath licensed under
22 chapter 459, chiropractor licensed under chapter 460,
23 podiatrist licensed under chapter 461, or dentist licensed
24 under chapter 466, unless the agreement or promise upon which
25 such action shall be brought, or some note or memorandum
26 thereof shall be in writing and signed by the party to be
27 charged therewith or by some other person by him thereunto
28 lawfully authorized.
29 Section 59. Paragraph (b) of subsection (1) of section
30 766.101, Florida Statutes, 1996 Supplement, is amended to
31 read:
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1 766.101 Medical review committee, immunity from
2 liability.--
3 (1) As used in this section:
4 (b) The term "health care providers" means physicians
5 licensed under chapter 458, osteopathic physicians osteopaths
6 licensed under chapter 459, podiatrists licensed under chapter
7 461, optometrists licensed under chapter 463, dentists
8 licensed under chapter 466, chiropractors licensed under
9 chapter 460, pharmacists licensed under chapter 465, or
10 hospitals or ambulatory surgical centers licensed under
11 chapter 395.
12 Section 60. Subsection (3) of section 766.103, Florida
13 Statutes, is amended to read:
14 766.103 Florida Medical Consent Law.--
15 (3) No recovery shall be allowed in any court in this
16 state against any physician licensed under chapter 458,
17 osteopathic physician osteopath licensed under chapter 459,
18 chiropractor licensed under chapter 460, podiatrist licensed
19 under chapter 461, or dentist licensed under chapter 466 in an
20 action brought for treating, examining, or operating on a
21 patient without his informed consent when:
22 (a)1. The action of the physician, osteopathic
23 physician osteopath, chiropractor, podiatrist, or dentist in
24 obtaining the consent of the patient or another person
25 authorized to give consent for the patient was in accordance
26 with an accepted standard of medical practice among members of
27 the medical profession with similar training and experience in
28 the same or similar medical community; and
29 2. A reasonable individual, from the information
30 provided by the physician, osteopathic physician osteopath,
31 chiropractor, podiatrist, or dentist, under the circumstances,
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1 would have a general understanding of the procedure, the
2 medically acceptable alternative procedures or treatments, and
3 the substantial risks and hazards inherent in the proposed
4 treatment or procedures, which are recognized among other
5 physicians, osteopathic physicians osteopaths, chiropractors,
6 podiatrists, or dentists in the same or similar community who
7 perform similar treatments or procedures; or
8 (b) The patient would reasonably, under all the
9 surrounding circumstances, have undergone such treatment or
10 procedure had he been advised by the physician, osteopathic
11 physician osteopath, chiropractor, podiatrist, or dentist in
12 accordance with the provisions of paragraph (a).
13 Section 61. Paragraphs (b) and (i) of subsection (1)
14 and paragraph (e) of subsection (2) of section 766.105,
15 Florida Statutes, 1996 Supplement, are amended to read:
16 766.105 Florida Patient's Compensation Fund.--
17 (1) DEFINITIONS.--The following definitions apply in
18 the interpretation and enforcement of this section:
19 (b) The term "health care provider" means any:
20 1. Hospital licensed under chapter 395.
21 2. Physician licensed, or physician assistant
22 certified, under chapter 458.
23 3. Osteopathic physician Osteopath licensed under
24 chapter 459.
25 4. Podiatrist licensed under chapter 461.
26 5. Health maintenance organization certificated under
27 part I of chapter 641.
28 6. Ambulatory surgical center licensed under chapter
29 395.
30 7. "Other medical facility" as defined in paragraph
31 (c).
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1 8. Professional association, partnership, corporation,
2 joint venture, or other association by the individuals set
3 forth in subparagraphs 2., 3., and 4. for professional
4 activity.
5 (i) The term "house physician" means any physician,
6 osteopathic physician osteopath, podiatrist, or dentist
7 except: a physician, osteopathic physician osteopath,
8 podiatrist, or dentist with staff privileges at a hospital; a
9 physician, osteopathic physician osteopath, podiatrist, or
10 dentist providing emergency room services; an
11 anesthesiologist, pathologist, or radiologist; or a physician,
12 osteopathic physician osteopath, podiatrist, or dentist who
13 performs a service for a fee.
14 (2) COVERAGE.--
15 (e) The coverage afforded by the fund for a
16 participating hospital or ambulatory surgical center shall
17 apply to the officers, trustees, volunteer workers, trainees,
18 committee members (including physicians, osteopathic
19 physicians osteopaths, podiatrists, and dentists), and
20 employees of the hospital or ambulatory surgical center, other
21 than employed physicians licensed under chapter 458, physician
22 assistants licensed under chapter 458, osteopathic physicians
23 osteopaths licensed under chapter 459, dentists licensed under
24 chapter 466, and podiatrists licensed under chapter 461.
25 However, the coverage afforded by the fund for a participating
26 hospital shall apply to house physicians, interns, employed
27 physician residents in a resident training program, or
28 physicians performing purely administrative duties for the
29 participating hospitals other than the treatment of patients.
30 This coverage shall apply to the hospital or ambulatory
31
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1 surgical center and those included in this subsection as one
2 health care provider.
3 Section 62. Subsection (2) of section 766.110, Florida
4 Statutes, is amended to read:
5 766.110 Liability of health care facilities.--
6 (2) Every hospital licensed under chapter 395 may
7 carry liability insurance or adequately insure itself in an
8 amount of not less than $1.5 million per claim, $5 million
9 annual aggregate to cover all medical injuries to patients
10 resulting from negligent acts or omissions on the part of
11 those members of its medical staff who are covered thereby in
12 furtherance of the requirements of ss. 458.320 and 459.0085.
13 Self-insurance coverage extended hereunder to a member of a
14 hospital's medical staff meets the financial responsibility
15 requirements of ss. 458.320 and 459.0085 if the physician's
16 coverage limits are not less than the minimum limits
17 established in ss. 458.320 and 459.0085 and the hospital is a
18 verified trauma center as of July 1, 1990, that has extended
19 self-insurance coverage continuously to members of its medical
20 staff for activities both inside and outside of the hospital
21 since January 1, 1987. Any insurer authorized to write
22 casualty insurance may make available, but shall not be
23 required to write, such coverage. The hospital may assess on
24 an equitable and pro rata basis the following professional
25 health care providers for a portion of the total hospital
26 insurance cost for this coverage: physicians licensed under
27 chapter 458, osteopathic physicians osteopaths licensed under
28 chapter 459, podiatrists licensed under chapter 461, dentists
29 licensed under chapter 466, and nurses licensed under chapter
30 464. The hospital may provide for a deductible amount to be
31 applied against any individual health care provider found
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1 liable in a law suit in tort or for breach of contract. The
2 legislative intent in providing for the deductible to be
3 applied to individual health care providers found negligent or
4 in breach of contract is to instill in each individual health
5 care provider the incentive to avoid the risk of injury to the
6 fullest extent and ensure that the citizens of this state
7 receive the highest quality health care obtainable.
8 Section 63. Subsection (2) of section 817.234, Florida
9 Statutes, is amended to read:
10 817.234 False and fraudulent insurance claims.--
11 (2) Any physician licensed under chapter 458,
12 osteopathic physician osteopath licensed under chapter 459,
13 chiropractor licensed under chapter 460, or other practitioner
14 licensed under the laws of this state who knowingly and
15 willfully assists, conspires with, or urges any insured party
16 to fraudulently violate any of the provisions of this section
17 or part XI of chapter 627, or any person who, due to such
18 assistance, conspiracy, or urging by said physician,
19 osteopathic physician osteopath, chiropractor, or
20 practitioner, knowingly and willfully benefits from the
21 proceeds derived from the use of such fraud, is guilty of a
22 felony of the third degree, punishable as provided in s.
23 775.082, s. 775.083, or s. 775.084. In the event that a
24 physician, osteopathic physician osteopath, chiropractor, or
25 practitioner is adjudicated guilty of a violation of this
26 section, the Board of Medicine as set forth in chapter 458,
27 the Board of Osteopathic Medicine as set forth in chapter 459,
28 the Board of Chiropractic as set forth in chapter 460, or
29 other appropriate licensing authority shall hold an
30 administrative hearing to consider the imposition of
31 administrative sanctions as provided by law against said
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1 physician, osteopathic physician osteopath, chiropractor, or
2 practitioner.
3 Section 64. Subsection (1) of section 945.047, Florida
4 Statutes, is amended to read:
5 945.047 Licensing requirements for physicians,
6 osteopathic physicians, and chiropractors employed by the
7 department.--
8 (1) The Department of Corrections shall employ only
9 physicians, osteopathic physicians, or chiropractic physicians
10 holding licenses in good standing to practice medicine in this
11 state, except that, by October 1, 1980, no more than 10
12 percent of the total number of such physicians employed by the
13 department may be exempted from the provisions of this
14 subsection. Each such exempted physician shall hold a valid
15 license to practice medicine, osteopathic medicine osteopathy,
16 or chiropractic in another state and shall have been certified
17 by the appropriate board as eligible for admission for
18 examination in this state under chapter 458, chapter 459, or
19 chapter 460, as applicable. The appropriate board shall not
20 certify as eligible for admission for examination any person
21 who has been adjudged unqualified or guilty of any of the acts
22 enumerated in the disciplinary provisions contained in chapter
23 458, chapter 459, or chapter 460, as applicable.
24 Section 65. Subsection (1) of section 460.403, Florida
25 Statutes, 1996 Supplement, is amended to read:
26 460.403 Definitions.--As used in this chapter, the
27 term:
28 (1) "Department" means the Department of Health
29 Business and Professional Regulation.
30 Section 66. Paragraphs (q) and (gg) of subsection (1)
31 and subsection (2) of section 460.413, Florida Statutes, 1996
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1 Supplement, are amended, and subsections (6) and (7) are added
2 to said section, to read:
3 460.413 Grounds for disciplinary action; action by the
4 board.--
5 (1) The following acts shall constitute grounds for
6 which the disciplinary actions specified in subsection (2) may
7 be taken:
8 (q) Being unable to practice chiropractic with
9 reasonable skill and safety to patients by reason of illness
10 or use of alcohol, drugs, narcotics, chemicals, or any other
11 type of material or as a result of any mental or physical
12 condition. In enforcing this paragraph, upon a finding by the
13 secretary of the department, or his or her designee, or the
14 probable cause panel of the board that probable cause exists
15 to believe that the licensee is unable to practice the
16 profession because of reasons stated in this paragraph, the
17 department shall have the authority to compel a licensee to
18 submit to a mental or physical examination by a physician
19 designated by the department. If the licensee refuses to
20 comply with the department's order, the department may file a
21 petition for enforcement in the circuit court of the circuit
22 in which the licensee resides or does business. The licensee
23 shall not be named or identified by initials in any other
24 public court records or documents and the enforcement
25 proceedings shall be closed to the public. The department
26 shall be entitled to the summary procedure provided in s.
27 51.011. The record of proceedings to obtain a compelled
28 mental or physical examination shall not be used against a
29 licensee in any other proceedings. A chiropractic physician
30 affected under this paragraph shall at reasonable intervals be
31 afforded an opportunity to demonstrate that he can resume the
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1 competent practice of chiropractic with reasonable skill and
2 safety to patients.
3 (gg) Failing to report to the department Division of
4 Medical Quality Assurance any licensee physician licensed
5 under chapter 458 or osteopathic physician licensed under
6 chapter 459 who the chiropractic physician or chiropractic
7 physician's assistant knows has violated the grounds for
8 disciplinary action set out in the law under which that person
9 physician or osteopathic physician is licensed and who
10 provides health care services in a facility licensed under
11 chapter 395, or a health maintenance organization certificated
12 under part I of chapter 641, in which the chiropractic
13 physician or chiropractic physician's assistant also provides
14 services.
15 (2) When the board finds any person guilty of any of
16 the grounds set forth in subsection (1), it may enter an order
17 imposing one or more of the following penalties:
18 (a) Refusal to certify to the department an
19 application for licensure.
20 (b) Revocation or suspension of a license.
21 (c) Restriction of practice.
22 (d) Imposition of an administrative fine not to exceed
23 $2,000 for each count or separate offense.
24 (e) Issuance of a reprimand.
25 (f) Placement of the chiropractic physician on
26 probation for a period of time and subject to such conditions
27 as the board may specify, including requiring the chiropractic
28 physician to submit to treatment, to attend continuing
29 education courses, to submit to reexamination, or to work
30 under the supervision of another chiropractic physician.
31
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1 (g) Imposition of costs of the investigation and
2 prosecution.
3 (h) Requirement that the chiropractic physician
4 undergo remedial education.
5 (i) Issuance of a letter of concern.
6 (j) Corrective action.
7 (k) Refund of fees billed to and collected from the
8 patient or a third party.
9
10 In determining what action is appropriate, the board must
11 first consider what sanctions are necessary to protect the
12 public or to compensate the patient. Only after those
13 sanctions have been imposed may the disciplining authority
14 consider and include in the order requirements designed to
15 rehabilitate the chiropractic physician. All costs associated
16 with compliance with orders issued under this subsection are
17 the obligation of the chiropractic physician.
18 (6) In any administrative action against a
19 chiropractic physician which does not involve revocation or
20 suspension of license, the department shall have the burden,
21 by the greater weight of the evidence, to establish the
22 existence of grounds for disciplinary action. The department
23 shall establish grounds for revocation or suspension of
24 license by clear and convincing evidence.
25 (7) If any chiropractic physician is guilty of such
26 unprofessional conduct, negligence, or mental or physical
27 incapacity or impairment that the department determines that
28 the chiropractic physician is unable to practice with
29 reasonable skill and safety and presents a danger to patients,
30 the department shall be authorized to maintain an action in
31 circuit court enjoining such chiropractic physician from
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1 providing medical services to the public until the
2 chiropractic physician demonstrates the ability to practice
3 with reasonable skill and safety and without danger to
4 patients.
5 Section 67. For the purpose of incorporating the
6 amendment to section 460.413, Florida Statutes, 1996
7 Supplement, in references thereto, the sections or
8 subdivisions of Florida Statutes set forth below are reenacted
9 to read:
10 320.0848 Persons who have disabilities; issuance of
11 disabled parking permits; temporary permits; permits for
12 certain providers of transportation services to persons who
13 have disabilities.--
14 (9) A violation of this section is grounds for
15 disciplinary action under s. 458.331, s. 459.015, s. 460.413,
16 or s. 461.013, as applicable.
17 455.236 Financial arrangements between referring
18 health care providers and providers of health care services.--
19 (4) PROHIBITED REFERRALS AND CLAIMS FOR
20 PAYMENT.--Except as provided in this section:
21 (g) A violation of this section by a health care
22 provider shall constitute grounds for disciplinary action to
23 be taken by the applicable board pursuant to s. 458.331(2), s.
24 459.015(2), s. 460.413(2), s. 461.013(2), s. 463.016(2), or s.
25 466.028(2). Any hospital licensed under chapter 395 found in
26 violation of this section shall be subject to the rules
27 adopted by the Department of Health and Rehabilitative
28 Services pursuant to s. 395.0185(2).
29 766.111 Engaging in unnecessary diagnostic testing;
30 penalties.--
31
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1 (2) A violation of this section shall be grounds for
2 disciplinary action pursuant to s. 458.331, s. 459.015, s.
3 460.413, s. 461.013, or s. 466.028, as applicable.
4 Section 68. Paragraph (a) of subsection (8) of section
5 460.4165, Florida Statutes, is amended to read:
6 460.4165 Chiropractic physician's assistants.--
7 (8) FEES.--
8 (a) A fee not to exceed $100 set by the board shall
9 accompany the annual application by a chiropractic physician
10 or group of chiropractic physicians for authorization to
11 supervise a certified chiropractic physician's assistant.
12 Section 69. Subsection (1) of section 461.003, Florida
13 Statutes, is amended to read:
14 461.003 Definitions.--As used in this chapter:
15 (1) "Department" means the Department of Health
16 Business and Professional Regulation.
17 Section 70. Paragraph (aa) of subsection (1) of
18 section 461.013, Florida Statutes, is amended to read:
19 461.013 Grounds for disciplinary action; action by the
20 board; investigations by department.--
21 (1) The following acts shall constitute grounds for
22 which the disciplinary actions specified in subsection (2) may
23 be taken:
24 (aa) Failing to report to the department Division of
25 Medical Quality Assurance any licensee physician licensed
26 under chapter 458 or osteopathic physician licensed under
27 chapter 459 who the podiatrist knows has violated the grounds
28 for disciplinary action set out in the law under which that
29 person physician or osteopathic physician is licensed and who
30 provides health care services in a facility licensed under
31 chapter 395, or a health maintenance organization certificated
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1 under part I of chapter 641, in which the podiatrist also
2 provides services.
3 Section 71. Section 461.018, Florida Statutes, 1996
4 Supplement, is amended to read:
5 461.018 Limited scope of practice; area of
6 need.--Those persons holding valid certificates on October 1,
7 1991, who were certified pursuant to chapters 88-205 and
8 88-392, Laws of Florida, and who have been practicing under a
9 board-approved protocol for at least 2 years are eligible to
10 receive a podiatry license to practice without supervision
11 under their present limited scope of practice of the
12 nonsurgical treatment of corns, calluses, and ingrown toenails
13 in a specially designated area of need as provided by rule of
14 the board.
15 Section 72. Subsection (1) and paragraph (c) of
16 subsection (3) of section 464.003, Florida Statutes, 1996
17 Supplement, are amended to read:
18 464.003 Definitions.--As used in this chapter:
19 (1) "Department Agency" means the Department of Agency
20 for Health Care Administration.
21 (3)
22 (c) "Advanced or specialized nursing practice" means,
23 in addition to the practice of professional nursing, the
24 performance of advanced-level nursing acts approved by the
25 board which, by virtue of postbasic specialized education,
26 training, and experience, are proper to be performed by an
27 advanced registered nurse practitioner. Within the context of
28 advanced or specialized nursing practice, the advanced
29 registered nurse practitioner may perform acts of nursing
30 diagnosis and nursing treatment of alterations of the health
31 status. The advanced registered nurse practitioner may also
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1 perform acts of medical diagnosis and treatment, prescription,
2 and operation which are identified and approved by a joint
3 committee composed of three members appointed by the Board of
4 Nursing, two of whom shall be advanced registered nurse
5 practitioners; three members appointed by the Board of
6 Medicine, two of whom shall have had work experience with
7 advanced registered nurse practitioners; and the secretary
8 director of the department agency or the secretary's
9 director's designee. Each committee member appointed by a
10 board shall be appointed to a term of 4 years unless a shorter
11 term is required to establish or maintain staggered terms. The
12 Board of Nursing shall adopt rules authorizing the performance
13 of any such acts approved by the joint committee. Unless
14 otherwise specified by the joint committee, such acts shall be
15 performed under the general supervision of a practitioner
16 licensed under chapter 458, chapter 459, or chapter 466 within
17 the framework of standing protocols which identify the medical
18 acts to be performed and the conditions for their performance.
19 The department agency may, by rule, require that a copy of the
20 protocol be filed with the department agency along with the
21 notice required by s. 458.348.
22 Section 73. Subsection (1) of section 464.004, Florida
23 Statutes, 1996 Supplement, is amended to read:
24 464.004 Board of Nursing; membership; appointment;
25 terms.--
26 (1) The Board of Nursing is created within the
27 department agency and shall consist of 13 members to be
28 appointed by the Governor and confirmed by the Senate.
29 Section 74. Subsection (1) of section 464.008, Florida
30 Statutes, 1996 Supplement, is amended to read:
31 464.008 Licensure by examination.--
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1 (1) Any person desiring to be licensed as a registered
2 nurse or licensed practical nurse shall apply to the
3 department agency to take the licensure examination. The
4 department agency shall examine each applicant who:
5 (a) Has completed the application form and remitted a
6 fee set by the board not to exceed $150 and has remitted an
7 examination fee set by the board not to exceed $75 plus the
8 actual per applicant cost to the department agency for
9 purchase of the examination from the National Council of State
10 Boards of Nursing or a similar national organization.
11 (b) Has provided sufficient information on or after
12 October 1, 1989, which must be submitted by the department
13 agency for a statewide criminal records correspondence check
14 through the Department of Law Enforcement.
15 (c) Is in good mental and physical health, is a
16 recipient of a high school diploma or the equivalent, and has
17 completed the requirements for graduation from an approved
18 program for the preparation of registered nurses or licensed
19 practical nurses, whichever is applicable. Courses
20 successfully completed in a professional nursing program which
21 are at least equivalent to a practical nursing program may be
22 used to satisfy the education requirements for licensure as a
23 licensed practical nurse.
24 (d) Has the ability to communicate in the English
25 language, which may be determined by an examination given by
26 the department agency.
27 Section 75. Subsections (1) and (3) of section
28 464.009, Florida Statutes, 1996 Supplement, are amended to
29 read:
30 464.009 Licensure by endorsement.--
31
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1 (1) The department agency shall issue the appropriate
2 license by endorsement to practice professional or practical
3 nursing to an applicant who, upon applying to the department
4 agency and remitting a fee set by the board not to exceed
5 $100, demonstrates to the board that he:
6 (a) Holds a valid license to practice professional or
7 practical nursing in another state of the United States,
8 provided that, when the applicant secured his original
9 license, the requirements for licensure were substantially
10 equivalent to or more stringent than those existing in Florida
11 at that time; or
12 (b) Meets the qualifications for licensure in s.
13 464.008 and has successfully completed a state, regional, or
14 national examination which is substantially equivalent to or
15 more stringent than the examination given by the department
16 agency.
17 (3) The department agency shall not issue a license by
18 endorsement to any applicant who is under investigation in
19 another state for an act which would constitute a violation of
20 this chapter until such time as the investigation is complete,
21 at which time the provisions of s. 464.018 shall apply.
22 Section 76. Subsections (1) and (5) of section
23 464.012, Florida Statutes, 1996 Supplement, are amended to
24 read:
25 464.012 Certification of advanced registered nurse
26 practitioners; fees.--
27 (1) Any nurse desiring to be certified as an advanced
28 registered nurse practitioner shall apply to the department
29 agency and submit proof that he holds a current license to
30 practice professional nursing and that he meets one or more of
31 the following requirements as determined by the board:
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1 (a) Satisfactory completion of a formal postbasic
2 educational program of at least one academic year, the primary
3 purpose of which is to prepare nurses for advanced or
4 specialized practice.
5 (b) Certification by an appropriate specialty board.
6 Such certification shall be required for initial state
7 certification and any recertification as a registered nurse
8 anesthetist or nurse midwife. The board may by rule provide
9 for provisional state certification of graduate nurse
10 anesthetists and nurse midwives for a period of time
11 determined to be appropriate for preparing for and passing the
12 national certification examination.
13 (c) Graduation from a program leading to a master's
14 degree in a nursing clinical specialty area with preparation
15 in specialized practitioner skills. For applicants graduating
16 on or after October 1, 1998, graduation from a master's degree
17 program shall be required for initial certification as a nurse
18 practitioner under paragraph (4)(c). For applicants
19 graduating on or after October 1, 2001, graduation from a
20 master's degree program shall be required for initial
21 certification as a registered nurse anesthetist under
22 paragraph (4)(a).
23 (5) The board shall certify, and the department agency
24 shall issue a certificate to, any nurse meeting the
25 qualifications in this section. The board shall establish an
26 application fee not to exceed $100 and a biennial renewal fee
27 not to exceed $50. The board is authorized to adopt such
28 other rules as are necessary to implement the provisions of
29 this section.
30
31
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1 Section 77. Subsections (1) and (2) of section
2 464.013, Florida Statutes, 1996 Supplement, are amended to
3 read:
4 464.013 Renewal of license or certificate.--
5 (1) The department agency shall renew a license upon
6 receipt of the renewal application and fee.
7 (2) The department agency shall adopt rules
8 establishing a procedure for the biennial renewal of licenses.
9 Section 78. Subsection (2) of section 464.014, Florida
10 Statutes, 1996 Supplement, is amended to read:
11 464.014 Inactive status.--
12 (2) The department agency may not reactivate a license
13 unless the inactive or delinquent licensee has paid any
14 applicable biennial renewal or delinquency fee, or both, and a
15 reactivation fee.
16 Section 79. Paragraphs (a), (c), (j), (k), (l), and
17 (m) of subsection (1) and paragraph (a) of subsection (2) of
18 section 464.018, Florida Statutes, 1996 Supplement, are
19 amended to read:
20 464.018 Disciplinary actions.--
21 (1) The following acts shall be grounds for
22 disciplinary action set forth in this section:
23 (a) Procuring, attempting to procure, or renewing a
24 license to practice nursing by bribery, by knowing
25 misrepresentations, or through an error of the department
26 agency or the board.
27 (c) Being convicted or found guilty of, or entering a
28 plea of nolo contendere to, regardless of adjudication, of a
29 crime in any jurisdiction which directly relates to the
30 practice of nursing or to the ability to practice nursing.
31
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1 (j) Being unable to practice nursing with reasonable
2 skill and safety to patients by reason of illness or use of
3 alcohol, drugs, narcotics, or chemicals or any other type of
4 material or as a result of any mental or physical condition.
5 In enforcing this paragraph, the department agency shall have,
6 upon a finding of the secretary director or the secretary's
7 his designee that probable cause exists to believe that the
8 licensee is unable to practice nursing because of the reasons
9 stated in this paragraph, the authority to issue an order to
10 compel a licensee to submit to a mental or physical
11 examination by physicians designated by the department agency.
12 If the licensee refuses to comply with such order, the
13 department's agency's order directing such examination may be
14 enforced by filing a petition for enforcement in the circuit
15 court where the licensee resides or does business. The
16 licensee against whom the petition is filed shall not be named
17 or identified by initials in any public court records or
18 documents, and the proceedings shall be closed to the public.
19 The department agency shall be entitled to the summary
20 procedure provided in s. 51.011. A nurse affected by the
21 provisions of this paragraph shall at reasonable intervals be
22 afforded an opportunity to demonstrate that he can resume the
23 competent practice of nursing with reasonable skill and safety
24 to patients.
25 (k) Failing to report to the department agency any
26 person who the licensee knows is in violation of this chapter
27 or of the rules of the department agency or the board;
28 however, if the licensee verifies that such person is actively
29 participating in a board-approved program for the treatment of
30 a physical or mental condition, the licensee is required to
31
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1 report such person only to an impaired professionals
2 consultant.
3 (l) Knowingly violating any provision of this chapter,
4 a rule of the board or the department agency, or a lawful
5 order of the board or department agency previously entered in
6 a disciplinary proceeding or failing to comply with a lawfully
7 issued subpoena of the department agency.
8 (m) Failing to report to the department Division of
9 Health Quality Assurance any licensee physician licensed under
10 chapter 458 or osteopathic physician licensed under chapter
11 459 who the nurse knows has violated the grounds for
12 disciplinary action set out in the law under which that person
13 physician or osteopathic physician is licensed and who
14 provides health care services in a facility licensed under
15 chapter 395, or a health maintenance organization certificated
16 under part I of chapter 641, in which the nurse also provides
17 services.
18 (2) When the board finds any person guilty of any of
19 the grounds set forth in subsection (1), it may enter an order
20 imposing one or more of the following penalties:
21 (a) Refusal to certify to the department agency an
22 application for licensure.
23 Section 80. Subsections (1), (3), and (4) of section
24 464.019, Florida Statutes, 1996 Supplement, are amended to
25 read:
26 464.019 Approval of nursing programs.--
27 (1) An institution desiring to conduct an approved
28 program for the education of professional or practical nurses
29 shall apply to the department agency and submit such evidence
30 as may be required to show that it complies with the
31 provisions of this chapter and with the rules of the board.
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1 The application shall include a program review fee, as set by
2 the board, not to exceed $1,000.
3 (3) The department agency shall survey each
4 institution applying for approval and submit its findings to
5 the board. If the board is satisfied that the program meets
6 the requirements of this chapter and rules pursuant thereto,
7 it shall certify the program for approval and the department
8 agency shall approve the program.
9 (4) If the board, through an investigation by the
10 department agency, finds that an approved program no longer
11 meets the required standards, it may place the program on
12 probationary status until such time as the standards are
13 restored. If a program fails to correct these conditions
14 within a specified period of time, the board may rescind the
15 approval. Any program having its approval rescinded shall
16 have the right to reapply.
17 Section 81. Section 464.0205, Florida Statutes, is
18 created to read:
19 464.0205 Retired volunteer nurse certificate.--
20 (1) Any retired practical or registered nurse desiring
21 to serve indigent, underserved, or critical need populations
22 in this state may apply to the department for a retired
23 volunteer nurse certificate by providing:
24 (a) A complete application.
25 (b) An application and processing fee of $25.
26 (c) Verification that the applicant had been licensed
27 to practice nursing in any jurisdiction in the United States
28 for at least 10 years, had retired or plans to retire, intends
29 to practice nursing only pursuant to the limitations provided
30 by the retired volunteer nurse certificate, and has not
31
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1 committed any act that would constitute a violation under s.
2 464.018(1).
3 (d) Proof that the applicant meets the requirements
4 for licensure under s. 464.008 or s. 464.009.
5 (2) All related administrative costs shall be borne by
6 the applicant.
7 (3) The board may deny a retired volunteer nurse
8 certificate to any applicant who has committed, or who is
9 under investigation or prosecution for, any act that would
10 constitute a ground for disciplinary action under s. 464.018.
11 (4) A retired volunteer nurse receiving certification
12 from the board shall:
13 (a) Work under the direct supervision of the director
14 of a county health department, a physician working under a
15 limited license issued pursuant to s. 458.317 or s. 459.0075,
16 a physician licensed under chapter 458 or chapter 459, an
17 advanced registered nurse practitioner certified under s.
18 464.012, or a registered nurse licensed under s. 464.008 or s.
19 464.009.
20 (b) Comply with the minimum standards of practice for
21 nurses and be subject to disciplinary action for violations of
22 s. 464.018, except that the scope of practice for certified
23 volunteers shall be limited to primary and preventive health
24 care, or as further defined by board rule.
25 (c) Work only in a setting for which there are
26 provisions for professional liability coverage for acts or
27 omissions of the retired volunteer nurse.
28 (d) Provide services under the certificate only in
29 settings whose sponsors have been approved by the board.
30 (5) A retired volunteer nurse receiving certification
31 from the board shall not:
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1 (a) Administer controlled substances.
2 (b) Supervise other nurses.
3 (c) Receive monetary compensation.
4 (6) A retired volunteer nurse certified under this
5 section may practice only in board-approved settings in public
6 agencies or institutions or in nonprofit agencies or
7 institutions meeting the requirements of s. 501(c)(3) of the
8 Internal Revenue Code, which agencies or institutions are
9 located in areas of critical nursing need as determined by the
10 board. Determination of underserved areas shall be made by
11 the board after consultation with the Department of Health,
12 the Department of Children and Family Services, the Agency for
13 Health Care Administration, and the Department of Elderly
14 Affairs; however, such determination shall include, but not be
15 limited to, health manpower shortage areas designated by the
16 United States Department of Health and Human Services. The
17 sponsoring agencies desiring to use certified retired
18 volunteer nurses shall submit to the board verification of
19 their status under s. 501(c)(3) of the Internal Revenue Code,
20 the sites at which such volunteer nurses would work, the
21 duties and scope of practice intended for such volunteer
22 nurses, and the training or skills validation for such
23 volunteer nurses.
24 (7) The retired volunteer nurse certificate shall be
25 valid for 2 years, and a certificateholder may reapply for a
26 certificate so long as the certificateholder continues to meet
27 the eligibility requirements of this section. Any
28 legislatively mandated continuing education on specific topics
29 must be completed by the certificateholder prior to renewal;
30 otherwise, the provisions of s. 464.013 do not apply.
31
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1 Section 82. Subsection (12) is added to section
2 464.022, Florida Statutes, to read:
3 464.022 Exceptions.--No provision of this chapter
4 shall be construed to prohibit:
5 (12) The practice of nursing by any legally qualified
6 nurse of another state whose employment requires the nurse to
7 accompany and care for a patient temporarily residing in this
8 state for not more than 30 consecutive days, provided the
9 patient is not in an inpatient setting, the board is notified
10 prior to arrival of the patient and nurse, the nurse has the
11 standing physician orders and current medical status of the
12 patient available, and prearrangements with the appropriate
13 licensed health care providers in this state have been made in
14 case the patient needs placement in an inpatient setting.
15 Section 83. Subsection (4) of section 465.003, Florida
16 Statutes, is amended to read:
17 465.003 Definitions.--As used in this chapter, the
18 term:
19 (4) "Department" means the Department of Health
20 Business and Professional Regulation.
21 Section 84. Subsections (1) and (2) of section
22 465.004, Florida Statutes, are amended to read:
23 465.004 Board of Pharmacy.--
24 (1) The Board of Pharmacy is created within the
25 department and shall consist of nine seven members to be
26 appointed by the Governor and confirmed by the Senate.
27 (2) Seven Five members of the board must be licensed
28 pharmacists who are residents of this state and who have been
29 engaged in the practice of the profession of pharmacy in this
30 state for at least 4 years and, to the extent practicable,
31 represent the various pharmacy practice settings. Of the
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1 pharmacist members, one must be on the full-time faculty of a
2 pharmacy school in this state, one must be currently engaged
3 in the practice of pharmacy in a community pharmacy, one must
4 be currently engaged in the practice of pharmacy in a Class II
5 institutional pharmacy or a Modified Class II institutional
6 pharmacy, and four shall be pharmacists licensed in this state
7 irrespective of practice setting. The remaining two members
8 must be residents of the state who have never been licensed as
9 pharmacists and who are in no way connected with the practice
10 of the profession of pharmacy. No person may be appointed as
11 a consumer lay member who is in any way connected with a drug
12 manufacturer or wholesaler. At least one member of the board
13 must be 60 years of age or older.
14 Section 85. Section 465.014, Florida Statutes, is
15 amended to read:
16 465.014 Pharmacy technician.--No person other than a
17 licensed pharmacist or pharmacy intern may engage in the
18 practice of the profession of pharmacy, except that a licensed
19 pharmacist may delegate to nonlicensed pharmacy technicians
20 those duties, tasks, and functions which do not fall within
21 the purview of s. 465.003(12). All such delegated acts shall
22 be performed under the direct supervision of a licensed
23 pharmacist who shall be responsible for all such acts
24 performed by persons under his supervision. No licensed
25 pharmacist shall supervise more than one pharmacy technician
26 unless otherwise permitted by the guidelines adopted by the
27 board. The board shall establish guidelines to be followed by
28 licensees or permittees in determining the circumstances under
29 which a licensed pharmacist may supervise more than one but
30 not more than three two pharmacy technicians.
31
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1 Section 86. Subsection (1) of section 465.0156,
2 Florida Statutes, is amended to read:
3 465.0156 Registration of nonresident pharmacies.--
4 (1) Any pharmacy which is located outside this state
5 and which ships, mails, or delivers, in any manner, a
6 dispensed medicinal drug into this state shall be considered a
7 nonresident pharmacy, shall be registered with the board,
8 shall provide pharmacy services at a high level of protection
9 and competence, and shall disclose to the board the following
10 specific information:
11 (a) That it maintains at all times a valid, unexpired
12 license, permit, or registration to operate the pharmacy in
13 compliance with the laws of the state in which the dispensing
14 facility is located and from which the medicinal drugs shall
15 be dispensed;
16 (b) The location, names, and titles of all principal
17 corporate officers and the pharmacist who serves as the
18 prescription department manager for all pharmacists who are
19 dispensing medicinal drugs to residents of this state. This
20 disclosure shall be made on an annual basis and within 30 days
21 after any change of office location, corporate officer, or
22 pharmacist serving as the prescription department manager for
23 dispensing medicinal drugs to residents of this state;
24 (c) That it complies with all lawful directions and
25 requests for information from the regulatory or licensing
26 agency of all states in which it is licensed as well as with
27 all requests for information made by the board pursuant to
28 this section. It shall respond directly to all communications
29 from the board concerning emergency circumstances arising from
30 errors in the dispensing of medicinal drugs to the residents
31 of this state;
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1 (d) That it maintains its records of medicinal drugs
2 dispensed to patients in this state so that the records are
3 readily retrievable from the other business records of the
4 pharmacy and from the records of other medicinal drugs
5 dispensed; and
6 (e) That during its regular hours of operation but not
7 less than 6 days per week, for a minimum of 40 hours per week,
8 a toll-free telephone service shall be provided to facilitate
9 communication between patients in this state and a pharmacist
10 at the pharmacy who has access to the patient's records. This
11 toll-free number must be disclosed on the label affixed to
12 each container of dispensed medicinal drugs.
13 Section 87. Paragraph (o) of subsection (1) of section
14 465.016, Florida Statutes, is amended to read:
15 465.016 Disciplinary actions.--
16 (1) The following acts shall be grounds for
17 disciplinary action set forth in this section:
18 (o) Failing to report to the department Division of
19 Medical Quality Assurance any licensee physician licensed
20 under chapter 458 or osteopathic physician licensed under
21 chapter 459 who the pharmacist knows has violated the grounds
22 for disciplinary action set out in the law under which that
23 person physician or osteopathic physician is licensed and who
24 provides health care services in a facility licensed under
25 chapter 395, or a health maintenance organization certificated
26 under part I of chapter 641, in which the pharmacist also
27 provides services.
28 Section 88. Section 465.035, Florida Statutes, is
29 amended to read:
30 465.035 Dispensing of medicinal medical drugs pursuant
31 to facsimile of prescription.--
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1 (1) Notwithstanding any other provision of this
2 chapter, it is lawful for a pharmacy to dispense medicinal
3 drugs, including controlled substances authorized under
4 subsection (2), based on reception of an electronic facsimile
5 of the original prescription if all of the following
6 conditions are met:
7 (a) In the course of the transaction the pharmacy
8 complies with laws and administrative rules relating to
9 pharmacies and pharmacists.
10 (b) Except in the case of the transmission of a
11 prescription by a person authorized by law to prescribe
12 medicinal drugs:
13 1. The facsimile system making the transmission
14 provides the pharmacy receiving the transmission with audio
15 communication via telephonic, electronic, or similar means
16 with the person presenting the prescription.
17 2. At the time of the delivery of the medicinal drugs,
18 the pharmacy has in its possession the original prescription
19 for the medicinal drug involved.
20 3. The recipient of the prescription shall sign a log
21 and shall indicate the name and address of both the recipient
22 and the patient for whom the medicinal drug was prescribed.
23 (2) This section does not apply to the dispensing of
24 Controlled substances listed in Schedule II as defined in s.
25 893.03(2) may be dispensed as provided in this section to the
26 extent allowed by 21 C.F.R. s. 1306.11.
27 Section 89. Subsection (7) of section 466.003, Florida
28 Statutes, is amended to read:
29 466.003 Definitions.--As used in this chapter:
30 (7) "Department" means the Department of Health
31 Business and Professional Regulation.
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1 Section 90. Subsection (3) of section 466.006, Florida
2 Statutes, is amended to read:
3 466.006 Examination of dentists.--
4 (3) If an applicant is a graduate of a dental college
5 or school not accredited in accordance with paragraph (2)(b)
6 or of a dental college or school not approved by the board, he
7 shall not be entitled to take the examinations required in
8 this section to practice dentistry until he meets the
9 following requirements:
10 (a) Furnishes evidence to the board of a score on the
11 examination of the National Board of Dental Examiners taken
12 within 10 years of the date of application, which score is at
13 least equal to the minimum score required for certification by
14 that board. If the applicant fails to attain the score needed
15 for certification on part I of the national board examination
16 in two attempts, or fails to attain the score needed for
17 certification on part II of the national board examination in
18 two attempts, he shall not be entitled to take the laboratory
19 model examination authorized in paragraph (c).
20 (b) Submits, upon meeting the requirements of
21 paragraph (a), the following credentials for review by the
22 board:
23 1. Transcripts of predental education and dental
24 education totaling 7 academic years of postsecondary
25 education, including 4 academic years of dental education; and
26 2. A dental school diploma.
27
28 The board shall not review the credentials specified in this
29 paragraph until the applicant has furnished to the board
30 evidence of satisfactory completion of the National Board of
31 Dental Examiners examination as required by paragraph (a).
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1 Such credentials shall be submitted in a manner provided by
2 rule of the board. The board shall approve those credentials
3 which comply with this paragraph and with rules of the board
4 adopted pursuant hereto. The provisions of this paragraph
5 notwithstanding, an applicant who cannot produce the
6 credentials required by this paragraph as a result of
7 political or other conditions in the country in which he
8 received his education may seek approval by the board of his
9 educational background prior to complying with the provisions
10 of paragraph (a) by submitting such other reasonable and
11 reliable evidence as may be set forth by rule of the board in
12 lieu of the credentials required in this paragraph. The board
13 shall not accept such alternative evidence until it has made a
14 reasonable attempt to obtain the credentials required by this
15 paragraph from the educational institutions the applicant is
16 alleged to have attended, unless the board is otherwise
17 satisfied that such credentials cannot be obtained.
18 (c) satisfies one of the following:
19 (a)1. Completes a program of study, as defined by the
20 board by rule, at an accredited American dental school and
21 demonstrates receipt of a D.D.S. or D.M.D. from said school;
22 or
23 (b)2. Completes a 2-year supplemental dental education
24 program at an accredited dental school and receives a dental
25 diploma, degree, or certificate as evidence of program
26 completion.; or
27 3. Exhibits manual skills on a laboratory model
28 pursuant to rules of the board. The board may charge a
29 reasonable fee, not to exceed $250, to cover the costs of
30 administering the exhibition of competency in manual skills.
31 If the applicant fails to exhibit competent clinical skills in
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1 two attempts, he shall not be entitled to take the
2 examinations authorized in subsection (4). Effective December
3 31, 1991, no applicant may fulfill the requirements of this
4 paragraph by taking the laboratory model exam. On or after
5 said date, applicants must complete the educational
6 requirements set forth in subparagraph 1. or subparagraph 2.
7
8 The provisions of paragraph (a) and subparagraph (c)3.
9 notwithstanding, an applicant who is a graduate of a dental
10 college or school not accredited in accordance with paragraph
11 (2)(b) and who has failed to pass part I or part II of the
12 national board examination in two attempts may take the
13 laboratory model exam required in subparagraph (c)3. if the
14 board finds that he has taken remedial training in the subject
15 areas in which he tested below standard on said national board
16 examination and that he has subsequently passed that part of
17 such exam which he had previously failed, provided that no
18 applicant shall be entitled to this exception who fails either
19 part of the national board examination a total of three times.
20 Further, an applicant who has failed to pass the laboratory
21 model exam required in subparagraph (c)3. in two attempts may
22 be allowed by the board to make a third and final attempt if
23 the board finds that he has taken remedial training in
24 clinical subjects in which he tested below standard. Upon
25 passing said laboratory model exam, the applicant may take the
26 licensure examinations required in subsection (4). Further,
27 the educational requirements found in subparagraph (b)1. do
28 not apply to persons who began dental education prior to
29 October 1, 1983, and such persons shall be governed by the
30 educational requirements in existence on September 30, 1983.
31
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1 Section 91. Section 466.017, Florida Statutes, is
2 amended to read:
3 466.017 Prescription of drugs; anesthesia.--
4 (1) A dentist shall have the right to prescribe drugs
5 or medicine, subject to limitations imposed by law; perform
6 surgical operations within the scope of his practice and
7 training; administer general or local anesthesia or sedation,
8 subject to limitations imposed by law; and use such appliances
9 as may be necessary to the proper practice of dentistry.
10 (2) Pharmacists licensed pursuant to chapter 465 may
11 fill prescriptions of legally licensed dentists in this state
12 for any drugs necessary for the practice of dentistry.
13 (3) The board shall adopt rules which:
14 (a) Define general anesthesia.
15 (b) Specify which methods of general or local
16 anesthesia or sedation, if any, are limited or prohibited for
17 use by dentists.
18 (c) Establish minimal training, education, experience,
19 or certification for a dentist to use general anesthesia or
20 sedation, which rules may exclude, in the board's discretion,
21 those dentists using general anesthesia or sedation in a
22 competent and effective manner as of the effective date of the
23 rules.
24 (d) Establish further requirements relating to the use
25 of general anesthesia or sedation, including, but not limited
26 to, office equipment and the training of dental assistants or
27 dental hygienists who work with dentists using general
28 anesthesia or sedation.
29 (e) Establish an administrative mechanism enabling the
30 board to verify compliance with training, education,
31 experience, equipment, or certification requirements of
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1 dentists, dental hygienists, and dental assistants adopted
2 pursuant to this subsection. The board may charge a fee to
3 defray the cost of verifying compliance with requirements
4 adopted pursuant to this paragraph.
5 (4)(a) A licensed dentist who has been utilizing
6 general anesthesia on a regular and routine basis in a
7 competent and effective manner for a 10-year period preceding
8 January 1, 1980, shall be deemed to have fulfilled the
9 training requirements required by subsection (3) for general
10 anesthesia.
11 (b) A licensed dentist who has been utilizing
12 parenteral conscious sedation on an outpatient basis on a
13 regular and routine basis in a competent and effective manner
14 for the 3-year period preceding January 1, 1980, shall be
15 deemed to have fulfilled the training requirements required by
16 subsection (3) for parenteral conscious sedation.
17 (4)(5) A dentist who administers or employs the use of
18 any form of anesthesia must possess a certification in either
19 basic cardiopulmonary resuscitation for health professionals
20 or advanced cardiac life support approved by the American
21 Heart Association or the American Red Cross or an equivalent
22 agency-sponsored course with recertification every 2 years.
23 Each dental office which uses any form of anesthesia must have
24 immediately available and in good working order such
25 resuscitative equipment, oxygen, and other resuscitative drugs
26 as are specified by rule of the board in order to manage
27 possible adverse reactions.
28 (5)(6) A licensed dentist may utilize an X-ray
29 machine, expose dental X-ray films, and interpret or read such
30 films. The provisions of part IV of chapter 468 to the
31 contrary notwithstanding, a licensed dentist may authorize or
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1 direct a dental assistant to operate such equipment and expose
2 such films under his direction and supervision, pursuant to
3 rules adopted by the board in accordance with s. 466.024 which
4 ensure that said assistant is competent by reason of training
5 and experience to operate said equipment in a safe and
6 efficient manner. The board may charge a fee not to exceed
7 $35 to defray the cost of verifying compliance with
8 requirements adopted pursuant to this section.
9 (6)(7) The provisions of s. 465.0276 notwithstanding,
10 a dentist need not register with the board or comply with the
11 continuing education requirements of that section if the
12 dentist confines his dispensing activity to the dispensing of
13 fluorides and chlorohexidine rinse solutions; provided that
14 the dentist complies with and is subject to all laws and rules
15 applicable to pharmacists and pharmacies, including, but not
16 limited to, chapters 465, 499, and 893, and all applicable
17 federal laws and regulations, when dispensing such products.
18 Section 92. Paragraphs (r) and (hh) of subsection (1)
19 of section 466.028, Florida Statutes, are amended to read:
20 466.028 Grounds for disciplinary action; action by the
21 board.--
22 (1) The following acts shall constitute grounds for
23 which the disciplinary actions specified in subsection (2) may
24 be taken:
25 (r) Prescribing, procuring, ordering, dispensing,
26 administering, supplying, selling, or giving any drug which is
27 a Schedule II an amphetamine or a Schedule II sympathomimetic
28 amine drug or a compound thereof designated as a Schedule II
29 controlled substance, pursuant to chapter 893, to or for any
30 person except for the clinical investigation of the effects of
31 such drugs or compounds when an investigative protocol
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1 therefor is submitted to, and reviewed and approved by, the
2 board before such investigation is begun.
3 (hh) Failing to report to the department Division of
4 Medical Quality Assurance any licensee physician licensed
5 under chapter 458 or osteopathic physician licensed under
6 chapter 459 who the dentist knows has violated the grounds for
7 disciplinary action set out in the law under which that person
8 physician or osteopathic physician is licensed and who
9 provides health care services in a facility licensed under
10 chapter 395, or a health maintenance organization certificated
11 under part I of chapter 641, in which the dentist also
12 provides services.
13 Section 93. Subsection (2) of section 468.1115,
14 Florida Statutes, is amended to read:
15 468.1115 Exemptions.--
16 (2) The provisions of this part shall not apply to:
17 (a) Students actively engaged in a training program,
18 if such persons are acting under the direct supervision of a
19 licensed speech-language pathologist or a licensed
20 audiologist.
21 (b) Persons practicing a licensed profession or
22 operating within the scope of their profession, such as
23 doctors of medicine, clinical psychologists, nurses, or
24 hearing aid specialists, who are properly licensed under the
25 laws of this state.
26 (c) Persons certified in the areas of speech-language
27 impairment or hearing impairment A person licensed in this
28 state under chapter 231 when engaging in the profession for
29 which they are certified he is licensed, or any person under
30 the direct supervision of such a certified person, or of a
31 licensee under this chapter, when the person under such
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1 supervision is performing hearing screenings in a school
2 setting for prekindergarten through grade 12 the licensee when
3 rendering services within the scope of the profession of the
4 licensee.
5 (d) Laryngectomized individuals, rendering guidance
6 and instruction to other laryngectomized individuals, who are
7 under the supervision of a speech-language pathologist
8 licensed under this part or of a physician licensed under
9 chapter 458 or chapter 459 and qualified to perform this
10 surgical procedure.
11 (e) Persons licensed by another state as a
12 speech-language pathologist or audiologist who provide
13 services within the applicable scope of practice set forth in
14 s. 468.1125(6) or (7) for no more than 5 calendar days per
15 month or 15 calendar days per year under the direct
16 supervision of a Florida-licensed speech-language pathologist
17 or audiologist. A person whose state of residence does not
18 license speech-language pathologists or audiologists may also
19 qualify for this exemption, if the person holds a certificate
20 of clinical competence from the American Speech-Language and
21 Hearing Association and meets all other requirements of this
22 paragraph. In either case, the board shall hold the
23 supervising Florida licensee fully accountable for the
24 services provided by the out-of-state licensee.
25 (f) Nonlicensed persons working in a hospital setting
26 who provide newborn infant hearing screenings, so long as
27 training, clinical interpretation of the screenings, and the
28 protocol for followup of infants who fail in-hospital
29 screenings are provided by a licensed audiologist.
30 Section 94. Subsection (5) of section 468.1125,
31 Florida Statutes, is amended to read:
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1 468.1125 Definitions.--As used in this part, the term:
2 (5) "Department" means the Department of Health
3 Business and Professional Regulation.
4 Section 95. Section 468.1155, Florida Statutes, is
5 amended to read:
6 468.1155 Provisional license; requirements.--
7 (1)(a) A provisional license shall be required of all
8 applicants who cannot document 9 months of supervised
9 professional employment experience and a passing score on the
10 national examination.
11 (b) Individuals who are required to hold a provisional
12 license under paragraph (a) shall apply to the department and
13 be certified by the board for licensure prior to initiating
14 the professional employment experience required pursuant to s.
15 468.1165. Any person desiring a provisional license to
16 practice speech-language pathology or audiology shall apply to
17 the department.
18 (2) The department shall issue a provisional license
19 to practice speech-language pathology to each applicant who
20 whom the board certifies has:
21 (a) Completed the application form and remitted the
22 required fees, including a nonrefundable application fee.
23 (b) Received a master's degree with a major emphasis
24 in speech-language pathology from an institution of higher
25 learning which, at the time the applicant was enrolled and
26 graduated, was accredited by an accrediting agency recognized
27 by the Commission on Recognition of Postsecondary
28 Accreditation or from an institution which is publicly
29 recognized as a member in good standing with the Association
30 of Universities and Colleges of Canada. An applicant who
31 graduated from a program at a university or college outside
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1 the United States or Canada must shall present documentation
2 of the determination of equivalency to standards established
3 programs accredited by the Commission on Recognition of
4 Postsecondary Accreditation in order to qualify. The
5 applicant must shall have completed a total of 60 semester
6 hours that which include:
7 1. Fundamental information applicable to the normal
8 development and use of speech, hearing, and language;, and
9 information about training in management of speech, hearing,
10 and language disorders;, and which provide information
11 supplementary to these fields.
12 2. Six semester hours in audiology.
13 3. Thirty of the required 60 these semester hours
14 shall be in courses acceptable toward a graduate degree by the
15 college or university in which these courses were taken,. of
16 which these 30 semester hours, 24 semester hours must shall be
17 in speech-language pathology.
18 (c) Completed 300 supervised clinical clock hours of
19 supervised clinical practice with 200 clock hours in the area
20 of speech-language pathology. The supervised clinical clock
21 hours practice shall be completed within the training
22 institution or one of its cooperating programs.
23 (3) The department shall issue a provisional license
24 to practice audiology to each applicant who whom the board
25 certifies has:
26 (a) Completed the application form and remitted the
27 required fees, including a nonrefundable application fee.
28 (b) Received a master's degree with a major emphasis
29 in audiology from an institution of higher learning which at
30 the time the applicant was enrolled and graduated was
31 accredited by an accrediting agency recognized by the
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1 Commission on Recognition of Postsecondary Accreditation or
2 from an institution which is publicly recognized as a member
3 in good standing with the Association of Universities and
4 Colleges of Canada. An applicant who graduated from a program
5 at a university or college outside the United States or Canada
6 must shall present documentation of the determination of
7 equivalency to standards established programs accredited by
8 the Commission on Recognition of Postsecondary Accreditation
9 in order to qualify. The applicant must shall have completed
10 a total of 60 semester hours that which include:
11 1. Fundamental information applicable to the normal
12 development and use of speech, hearing, and language;, and
13 information about training in management of speech, hearing,
14 and language disorders;, and which provide information
15 supplementary to these fields.
16 2. Six semester hours in speech-language pathology.
17 3. Thirty of the required 60 these semester hours
18 shall be in courses acceptable toward a graduate degree by the
19 college or university in which these courses were taken,. of
20 which these 30 semester hours, 24 semester hours must shall be
21 in audiology.
22 (c) Completed 300 supervised clinical clock hours of
23 supervised clinical practice with 200 clock hours in the area
24 of audiology. The supervised clinical clock hours practice
25 shall be completed within the training institution or one of
26 its cooperating programs.
27 (4) An applicant for a provisional license who has
28 received a master's degree with a major emphasis in
29 speech-language pathology as provided in subsection (2), or
30 audiology as provided in subsection (3), and who seeks
31 licensure in the area in which the applicant is not currently
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1 licensed, must have completed 30 semester hours in courses
2 acceptable toward a graduate degree and 200 supervised
3 clinical clock hours in the second discipline from an
4 accredited institution.
5 (5)(4) The board, by rule, shall establish
6 requirements for the renewal of a provisional license.
7 However, no person shall obtain a provisional license may not
8 exceed for a period of which exceeds 24 months.
9 Section 96. Paragraph (a) of subsection (2) and
10 paragraph (a) of subsection (3) of section 468.1185, Florida
11 Statutes, are amended to read:
12 468.1185 Licensure.--
13 (2) The board shall certify for licensure any
14 applicant who has:
15 (a) Satisfied the education and supervised clinical
16 clock hour practice requirements of s. 468.1155.
17 (3) The board shall certify as qualified for a license
18 by endorsement as a speech-language pathologist or audiologist
19 an applicant who:
20 (a) Holds a valid license or certificate in another
21 state or territory of the United States to practice the
22 profession for which the application for licensure is made, if
23 the criteria for issuance of such license were substantially
24 equivalent to or more stringent than the licensure criteria
25 which existed in this state at the time the license was
26 issued; or
27 Section 97. Section 468.1195, Florida Statutes, is
28 amended to read:
29 468.1195 Renewal of license or certificate; continuing
30 education requirements; standards for approval of continuing
31 education providers.--
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1 (1) The department shall renew a license or
2 certificate upon receipt of the renewal application, renewal
3 fee, and proof satisfactory to the board that, during the 2
4 years prior to the application for renewal, the licensee or
5 certificateholder has completed the participated in not less
6 than 20 hours of continuing education requirements established
7 by the board in each area of licensure or certification. A
8 licensee or certificateholder who receives initial licensure
9 or certification 6 months or less before the end of the
10 biennial licensure cycle is exempt from the continuing
11 education requirements for the first renewal of the license or
12 certificate.
13 (2) The department shall adopt rules establishing a
14 procedure for the biennial renewal of licenses and
15 certificates.
16 (3) The board may prescribe shall by rule prescribe
17 continuing education, not to exceed 60 hours biennially in
18 each area of licensure or certification, as a condition for
19 renewal of a license or a certificate. The board may
20 establish by rule standards for the approval of such
21 continuing education activities. The board may make exception
22 from the requirements of continuing education in emergency or
23 hardship cases.
24 (4) The board may establish by rule standards for the
25 approval of providers of continuing education activities.
26 Section 98. Section 468.1201, Florida Statutes, is
27 created to read:
28 468.1201 Requirement for instruction on human
29 immunodeficiency virus and acquired immune deficiency
30 syndrome.--The board shall require, as a condition of granting
31 a license under this part, that an applicant making initial
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1 application for licensure complete an education course
2 acceptable to the board on human immunodeficiency virus and
3 acquired immune deficiency syndrome. An applicant who has not
4 taken a course at the time of licensure shall, upon submission
5 of an affidavit showing good cause, be allowed 6 months to
6 complete this requirement.
7 Section 99. Subsections (2), (3), and (4) of section
8 468.1215, Florida Statutes, are amended to read:
9 468.1215 Speech-language pathology assistant and
10 audiology assistant; certification.--
11 (2) The department shall issue a certificate as a
12 speech-language pathology assistant or as an audiology
13 assistant to each applicant who whom the board certifies has:
14 (a) Completed the application form and remitted the
15 required fees, including a nonrefundable application fee.
16 (b) Completed at least 24 semester hours of coursework
17 as approved by the board at an institution accredited by an
18 accrediting agency recognized by the Commission on Recognition
19 of Postsecondary Accreditation.
20 (3) The board, by rule, shall establish minimum
21 education and on-the-job training and supervision requirements
22 for certification as a speech-language pathology assistant or
23 audiology assistant.
24 (4) The provisions of this section shall not apply to
25 any student, intern, or trainee performing speech-language
26 pathology or audiology services while completing the
27 supervised clinical clock hours experience as required in s.
28 468.1155.
29 Section 100. Subsection (2) of section 468.1245,
30 Florida Statutes, is amended to read:
31
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1 468.1245 Itemized listing of prices; delivery of
2 hearing aid; receipt contract; guarantee; packaging;
3 disclaimer.--
4 (2) Any licensee who fits and sells a hearing aid
5 shall, at the time of delivery, provide the purchaser with a
6 receipt contract containing the seller's signature, the
7 address of his regular place of business, and his license or
8 certification number, if applicable, together with the brand,
9 model, manufacturer or manufacturer's identification code, and
10 serial number of the hearing aid furnished and the amount
11 charged for the hearing aid. The receipt contract also shall
12 specify whether the hearing aid is new, used, or rebuilt, and
13 shall specify the length of time and other terms of the
14 guarantee and by whom the hearing aid is guaranteed. When the
15 client has requested an itemized list of prices, the receipt
16 contract shall also provide an itemization of the total
17 purchase price, including, but not limited to, the cost of the
18 aid, ear mold, batteries, and other accessories, and the cost
19 of any services. Notice of the availability of this service
20 must shall be displayed in a conspicuous manner in the office.
21 The receipt also shall state that any complaint concerning the
22 hearing aid and its guarantee therefor, if not reconciled with
23 the licensee from whom the hearing aid was purchased, should
24 be directed by the purchaser to the department Agency for
25 Health Care Administration. The address and telephone number
26 of such office shall be stated on the receipt contract.
27 Section 101. Section 468.1295, Florida Statutes, is
28 amended to read:
29 468.1295 Disciplinary proceedings.--
30 (1) The following acts constitute grounds for both
31 disciplinary actions as set forth in subsection (2) and cease
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1 and desist or other related actions by the department as set
2 forth in s. 455.228:.
3 (a) Procuring or attempting to procure a license by
4 bribery, by fraudulent misrepresentation, or through an error
5 of the department or the board.
6 (b) Having a license revoked, suspended, or otherwise
7 acted against, including denial of licensure, by the licensing
8 authority of another state, territory, or country.
9 (c) Being convicted or found guilty of, or entering a
10 plea of nolo contendere to, regardless of adjudication, a
11 crime in any jurisdiction which directly relates to the
12 practice of speech-language pathology or audiology.
13 (d) Making or filing a report or record which the
14 licensee knows to be false, intentionally or negligently
15 failing to file a report or records required by state or
16 federal law, willfully impeding or obstructing such filing, or
17 inducing another person to impede or obstruct such filing.
18 Such report or record shall include only those reports or
19 records which are signed in one's capacity as a licensed
20 speech-language pathologist or audiologist.
21 (e) Advertising goods or services in a manner which is
22 fraudulent, false, deceptive, or misleading in form or
23 content.
24 (f) Being proven guilty of fraud or deceit or of
25 negligence, incompetency, or misconduct in the practice of
26 speech-language pathology or audiology.
27 (g) Violating a lawful order of the board or
28 department previously entered in a disciplinary hearing, or
29 failing to comply with a lawfully issued subpoena of the board
30 or department.
31
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1 (h) Practicing with a revoked, suspended, inactive, or
2 delinquent license.
3 (i) Using, or causing or promoting the use of, any
4 advertising matter, promotional literature, testimonial,
5 guarantee, warranty, label, brand, insignia, or other
6 representation, however disseminated or published, which is
7 misleading, deceiving, or untruthful.
8 (j) Showing or demonstrating or, in the event of sale,
9 delivery of a product unusable or impractical for the purpose
10 represented or implied by such action.
11 (k) Failing to submit to the board on an annual basis,
12 or such other basis as may be provided by rule, certification
13 of testing and calibration of such equipment as designated by
14 the board and on the form approved by the board.
15 (l) Aiding, assisting, procuring, employing, or
16 advising any licensee or business entity licensed person to
17 practice speech-language pathology or audiology contrary to
18 this part, chapter 455, or any to a rule adopted pursuant
19 thereto of the department or the board.
20 (m) Violating any provision Violation or repeated
21 violation of this part or of chapter 455, or any rule rules
22 adopted pursuant thereto.
23 (n) Misrepresenting the Misrepresentation of
24 professional services available in the fitting, sale,
25 adjustment, service, or repair of a hearing aid, or using use
26 of any other term or title which might connote the
27 availability of professional services when such use is not
28 accurate.
29 (o) Representing, advertising, or implying
30 Representation, advertisement, or implication that a hearing
31 aid or its repair is guaranteed without providing full
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1 disclosure of the identity of the guarantor; the nature,
2 extent, and duration of the guarantee; and the existence of
3 conditions or limitations imposed upon the guarantee.
4 (p) Representing, directly or by implication, that a
5 hearing aid utilizing bone conduction has certain specified
6 features, such as the absence of anything in the ear or
7 leading to the ear, or the like, without disclosing clearly
8 and conspicuously that the instrument operates on the bone
9 conduction principle and that in many cases of hearing loss
10 this type of instrument may not be suitable.
11 (q) Stating or implying that the use of any hearing
12 aid will improve or preserve hearing or prevent or retard the
13 progression of a hearing impairment or that it will have any
14 similar or opposite effect.
15 (r) Making any statement regarding the cure of the
16 cause of a hearing impairment by the use of a hearing aid.
17 (s) Representing or implying that a hearing aid is or
18 will be "custom-made," "made to order," or
19 "prescription-made," or in any other sense specially
20 fabricated for an individual person, when such is not the
21 case.
22 (t) Canvassing from house to house or by telephone,
23 either in person or by an agent, for the purpose of selling a
24 hearing aid, except that contacting persons who have evidenced
25 an interest in hearing aids, or have been referred as in need
26 of hearing aids, shall not be considered canvassing.
27 (u) Failing to notify the department in writing of a
28 change in current mailing and place-of-practice address within
29 30 days after such change Failure to submit to the board on an
30 annual basis, or such other basis as may be provided by rule,
31
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1 certification of testing and calibration of audiometric
2 testing equipment on the form approved by the board.
3 (v) Failing to provide all information as described in
4 ss. s. 468.1225(5)(b), 468.1245(1), and 468.1246.
5 (w) Exercising influence on a client in such a manner
6 as to exploit the client for financial gain of the licensee or
7 of a third party.
8 (x) Practicing or offering to practice beyond the
9 scope permitted by law or accepting and performing
10 professional responsibilities the licensee or
11 certificateholder knows, or has reason to know, the licensee
12 or certificateholder is not competent to perform.
13 (y) Aiding, assisting, procuring, or employing any
14 unlicensed person to practice speech-language pathology or
15 audiology.
16 (z) Delegating or contracting for the performance of
17 professional responsibilities by a person when the licensee
18 delegating or contracting for performance of such
19 responsibilities knows, or has reason to know, such person is
20 not qualified by training, experience, and authorization to
21 perform them.
22 (aa) Committing any act upon a patient or client which
23 would constitute sexual battery or which would constitute
24 sexual misconduct as defined pursuant to s. 468.1296.
25 (bb) Being unable to practice the profession for which
26 he or she is licensed or certified under this chapter with
27 reasonable skill or competence as a result of any mental or
28 physical condition or by reason of illness, drunkenness, or
29 use of drugs, narcotics, chemicals, or any other substance.
30 In enforcing this paragraph, upon a finding by the secretary,
31 his or her designee, or the board that probable cause exists
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1 to believe that the licensee or certificateholder is unable to
2 practice the profession because of the reasons stated in this
3 paragraph, the department shall have the authority to compel a
4 licensee or certificateholder to submit to a mental or
5 physical examination by a physician, psychologist, clinical
6 social worker, marriage and family therapist, or mental health
7 counselor designated by the department or board. If the
8 licensee or certificateholder refuses to comply with the
9 department's order directing the examination, such order may
10 be enforced by filing a petition for enforcement in the
11 circuit court in the circuit in which the licensee or
12 certificateholder resides or does business. The licensee or
13 certificateholder against whom the petition is filed shall not
14 be named or identified by initials in any public court records
15 or documents, and the proceedings shall be closed to the
16 public. The department shall be entitled to the summary
17 procedure provided in s. 51.011. A licensee or
18 certificateholder affected under this paragraph shall at
19 reasonable intervals be afforded an opportunity to demonstrate
20 that he or she can resume the competent practice for which he
21 or she is licensed or certified with reasonable skill and
22 safety to patients.
23 (2) When the board finds any person guilty of any of
24 the acts set forth in subsection (1), it may issue an order
25 imposing one or more of the following penalties:
26 (a) Refusal to certify, or to certify with
27 restrictions, Denial of an application for licensure.
28 (b) Revocation or Suspension or permanent revocation
29 of a license.
30 (c)(d) Issuance of a reprimand.
31
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1 (d)(f) Restriction of the authorized scope of
2 practice.
3 (e)(c) Imposition of an administrative fine not to
4 exceed $1,000 for each count or separate offense.
5 (f)(e) Placement of the licensee or certificateholder
6 on probation for a period of time and subject to such
7 conditions as the board may specify. Those conditions may
8 include, but are not limited to, including requiring the
9 licensee or certificateholder speech-language pathologist or
10 audiologist to undergo treatment, attend continuing education
11 courses, submit to be reexamined, or to work under the
12 supervision of another licensee, or satisfy any terms which
13 are reasonably tailored to the violation found speech-language
14 pathologist or audiologist.
15 (g) Corrective action.
16 (3) The department shall reissue the license or
17 certificate which of a speech-language pathologist or
18 audiologist who has been suspended or revoked disciplined upon
19 certification by the board that the licensee or
20 certificateholder person has complied with all of the terms
21 and conditions set forth in the final order.
22 Section 102. Section 468.1296, Florida Statutes, is
23 created to read:
24 468.1296 Sexual misconduct.--Sexual misconduct by any
25 person licensed or certified under this chapter, in the
26 practice of his profession, is prohibited. Sexual misconduct
27 shall be defined by rule of the board.
28 Section 103. Subsection (2) of section 468.1655,
29 Florida Statutes, is amended to read:
30 468.1655 Definitions.--As used in this part:
31
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1 (2) "Department" means the Department of Health
2 Business and Professional Regulation.
3 Section 104. Subsection (1) of section 468.1695,
4 Florida Statutes, is amended to read:
5 468.1695 Licensure by examination.--
6 (1) Any person desiring to be licensed as a nursing
7 home administrator shall apply to the department to take the
8 licensure examination. The examination shall be given at
9 least two four times a year and shall include, but not be
10 limited to, questions on the subjects of nursing home
11 administration such as:
12 (a) Applicable standards of nursing home health and
13 safety;
14 (b) Federal, state, and local health and safety laws
15 and rules;
16 (c) General administration;
17 (d) Psychology of patient care;
18 (e) Principles of medical care;
19 (f) Personal and social care;
20 (g) Therapeutic and supportive care and services in
21 long-term care;
22 (h) Departmental organization and management;
23 (i) Community interrelationships; and
24 (j) Terminology.
25
26 The board may, by rule, adopt use of a national examination in
27 lieu of part or all of the examination required by this part.
28 Section 105. Subsections (2), (4), and (5) of section
29 468.203, Florida Statutes, are amended to read:
30 468.203 Definitions.--As used in this act, the term:
31
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1 (2) "Board" means the Board of Occupational Therapy
2 Practice Medicine.
3 (4) "Occupational therapy" means the use of purposeful
4 activity or interventions to achieve functional outcomes.
5 (a) For the purposes of this subsection:
6 1. "Achieving functional outcomes" means to maximize
7 the independence and the maintenance of health of any
8 individual who is limited by a physical injury or illness, a
9 cognitive impairment, a psychosocial dysfunction, a mental
10 illness, a developmental or a learning disability, or an
11 adverse environmental condition.
12 2. "Assessment" means the use of skilled observation
13 or the administration and interpretation of standardized or
14 nonstandardized tests and measurements to identify areas for
15 occupational therapy services.
16 (b) Occupational therapy services include, but are not
17 limited to:
18 1. The assessment, treatment, and education of or
19 consultation with the individual, family, or other persons.
20 2. Interventions directed toward developing daily
21 living skills, work readiness or work performance, play skills
22 or leisure capacities, or enhancing educational performance
23 skills.
24 3. Providing for the development of: sensory-motor,
25 perceptual, or neuromuscular functioning; range of motion; or
26 emotional, motivational, cognitive, or psychosocial components
27 of performance.
28
29 These services may require assessment of the need for use of
30 interventions such as the design, development, adaptation,
31 application, or training in the use of assistive technology
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1 devices; the design, fabrication, or application of
2 rehabilitative technology such as selected orthotic devices;
3 training in the use of assistive technology; orthotic or
4 prosthetic devices; the application of physical agent
5 modalities as an adjunct to or in preparation for purposeful
6 activity; the use of ergonomic principles; the adaptation of
7 environments and processes to enhance functional performance;
8 or the promotion of health and wellness the evaluation and
9 treatment of individuals whose ability to cope with the tasks
10 of living are threatened or impaired by developmental
11 deficits, the aging process, poverty and cultural differences,
12 physical injury or illness, or psychological and social
13 disability. The treatment utilizes task-oriented activities
14 to prevent or correct physical or emotional deficits or to
15 minimize the disabling effect of these deficits in the life of
16 the individual. Specific occupational therapy techniques
17 include, but are not limited to, activities of daily living
18 (ADL), the fabrication and application of splints,
19 perceptual-motor activities, the use of specifically designed
20 crafts, guidance in the selection and use of adaptive
21 equipment, exercises to enhance functional performance, and
22 prevocational evaluation and treatment. Such techniques are
23 applied in the treatment of individual patients or clients, in
24 groups, or through social systems.
25 (c) The use of devices subject to 21 C.F.R. s. 801.109
26 and identified by the board is expressly prohibited except by
27 an occupational therapist or occupational therapy assistant
28 who has received training as specified by the board. The
29 board shall adopt rules to carry out the purpose of this
30 provision.
31
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1 (5) "Occupational therapy aide" means a person who
2 assists in the practice of occupational therapy, who works
3 under the direct supervision of a person licensed occupational
4 therapist or to practice occupational therapy assistant, and
5 whose activities require a general an understanding of
6 occupational therapy pursuant to board rules but do not
7 require professional or advanced training in the basic
8 anatomical, biological, psychological, and social sciences
9 involved in the practice of occupational therapy.
10 Section 106. Section 468.205, Florida Statutes, is
11 amended to read:
12 (Substantial rewording of section. See
13 s. 468.205, F.S., for present text.)
14 468.205 Board of Occupational Therapy Practice.--
15 (1) There is created within the department the Board
16 of Occupational Therapy Practice, composed of seven members
17 appointed by the Governor, subject to confirmation by the
18 Senate.
19 (2) Four members shall be licensed occupational
20 therapists in good standing in this state who are residents of
21 this state and have been engaged in the practice of
22 occupational therapy for at least 4 years immediately prior to
23 their appointment. One member shall be a licensed occupational
24 therapy assistant in good standing in this state who is a
25 resident of the state and has been engaged in the practice of
26 occupational therapy for at least 4 years immediately prior to
27 the appointment. Two members shall be consumers who are
28 residents of the state who are not connected with the practice
29 of occupational therapy.
30 (3) Within 90 days after the effective date of this
31 act, the Governor shall appoint the board as follows:
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1 (a) Two members for terms of 2 years each.
2 (b) Two members for terms of 3 years each.
3 (c) Three members for terms of 4 years each.
4 (4) As the terms of the members expire, the Governor
5 shall appoint successors for terms of 4 years and such members
6 shall serve until their successors are appointed.
7 (5) All provisions of chapter 455 relating to
8 activities of the board shall apply.
9 Section 107. Section 468.209, Florida Statutes, is
10 amended to read:
11 468.209 Requirements for licensure.--
12 (1) An applicant applying for a license as an
13 occupational therapist or as an occupational therapy assistant
14 shall file a written application, accompanied by the
15 application for licensure fee prescribed in s. 468.221, on
16 forms provided by the department board, showing to the
17 satisfaction of the board that he:
18 (a) Is of good moral character.
19 (b) Has successfully completed the academic
20 requirements of an educational program in occupational therapy
21 recognized by the board, with concentration in biologic or
22 physical science, psychology, and sociology, and with
23 education in selected manual skills. For an occupational
24 therapist, Such a program shall be accredited by the American
25 Medical Association in collaboration with the American
26 Occupational Therapy Association's Accreditation Council for
27 Occupational Therapy Education, or its successor Association.
28 For an occupational therapy assistant, such a program shall be
29 approved by the American Occupational Therapy Association.
30 (c) Has successfully completed a period of supervised
31 fieldwork experience at a recognized educational institution
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1 or a training program approved by the educational institution
2 where he met the academic requirements. For an occupational
3 therapist, a minimum of 6 months of supervised fieldwork
4 experience is required. For an occupational therapy assistant,
5 a minimum of 2 months of supervised fieldwork experience is
6 required.
7 (d) Has passed an examination conducted or adopted by
8 the board as provided in s. 468.211.
9 (2) An applicant who has practiced as a state-licensed
10 or American Occupational Therapy Association-certified
11 occupational therapy assistant for 4 years and who, prior to
12 January 24, 1988, has completed a minimum of 6 months of
13 supervised occupational-therapist-level fieldwork experience
14 may take the examination to be licensed as an occupational
15 therapist without meeting the educational requirements for
16 occupational therapists made otherwise applicable under
17 paragraph (1)(b).
18 (3) If the board determines that an applicant is
19 qualified to be licensed by endorsement under s. 468.213, the
20 board may issue the applicant a temporary permit to practice
21 occupational therapy until the next board meeting at which
22 license applications are to be considered, but not for a
23 longer period of time. Only one temporary permit by
24 endorsement shall be issued to an applicant, and it shall not
25 be renewable.
26 (4) If the board determines that the applicant has not
27 passed an examination, which examination is recognized by the
28 board, to determine competence to practice occupational
29 therapy and is not qualified to be licensed by endorsement,
30 but has otherwise met all the requirements of this section and
31 has made application for the next scheduled examination, the
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1 board may issue the applicant a temporary permit allowing him
2 to practice occupational therapy under the supervision of a
3 licensed occupational therapist until notification of the
4 results of the examination. An individual who has passed the
5 examination may continue to practice occupational therapy
6 under his temporary permit until the next meeting of the
7 board. An individual who has failed the examination shall not
8 continue to practice occupational therapy under his temporary
9 permit; and such permit shall be deemed revoked upon
10 notification to the board of the examination results and the
11 subsequent, immediate notification by the board to the
12 applicant of the revocation. Only one temporary permit by
13 examination shall be issued to an applicant, and it shall not
14 be renewable. However, applicants enrolled in a full-time
15 advanced master's occupational therapy education program who
16 have completed all requirements for licensure except
17 examination shall, upon written request, be granted a
18 temporary permit valid for 6 months even if that period
19 extends beyond the next examination, provided the applicant
20 has not failed the examination. This permit shall remain
21 valid only while the applicant remains a full-time student
22 and, upon written request, shall be renewed once for an
23 additional 6 months.
24 (5) An applicant seeking reentry into the profession
25 who has not been in active practice within the last 5 years
26 must, prior to applying for licensure, submit to the board
27 documentation of continuing education as prescribed by rule.
28 Section 108. Subsection (6) is added to section
29 468.211, Florida Statutes, to read:
30 468.211 Examination for licensure.--
31
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1 (6) If an applicant fails to pass the examination in
2 three attempts, the applicant shall not be eligible for
3 reexamination unless the applicant completes additional
4 education or training requirements prescribed by the board.
5 An applicant who has completed the additional education or
6 training requirements prescribed by the board may take the
7 examination on two more occasions. If the applicant has
8 failed to pass the examination after five attempts, the
9 applicant is no longer eligible to take the examination.
10 Section 109. Section 468.213, Florida Statutes, is
11 amended to read:
12 468.213 Licensure by endorsement.--
13 (1) The board may waive the examination and grant a
14 license to any person who presents proof of current
15 certification as an occupational therapist or occupational
16 therapy assistant by a national certifying organization the
17 American Occupational Therapy Association if the board
18 determines the requirements for such certification to be
19 equivalent to the requirements for licensure in this act.
20 (2) The board may waive the examination and grant a
21 license to any applicant who presents proof of current
22 licensure as an occupational therapist or occupational therapy
23 assistant in another state, the District of Columbia, or any a
24 territory or jurisdiction of the United States or foreign
25 national jurisdiction which requires standards for licensure
26 determined by the board to be equivalent to the requirements
27 for licensure in this act.
28 Section 110. Section 468.225, Florida Statutes, is
29 amended to read:
30 468.225 Exemptions Persons and practices not
31 affected.--
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1 (1) Nothing in this act shall be construed as
2 preventing or restricting the practice, services, or
3 activities of:
4 (a) Any person licensed in this state by any other law
5 from engaging in the profession or occupation for which he is
6 licensed.
7 (b) Any person employed as an occupational therapist
8 or occupational therapy assistant by the United States, if
9 such person provides occupational therapy solely under the
10 direction or control of the organization by which he is
11 employed.
12 (c) Any person pursuing a course of study leading to a
13 degree or certificate in occupational therapy at an accredited
14 or approved educational program, if such activities and
15 services constitute a part of a supervised course of study and
16 if such a person is designated by a title which clearly
17 indicates his or her status as a student or trainee.
18 (d) Any person fulfilling the supervised fieldwork
19 experience requirements of s. 468.209, if such activities and
20 services constitute a part of the experience necessary to meet
21 the requirements of that section.
22 (e) Any person employed by, or working under the
23 direct supervision of, an occupational therapist as an
24 occupational therapy aide.
25 (2) No provision of this act shall be construed to
26 prohibit physicians, physician assistants, nurses, physical
27 therapists, osteopathic physicians or surgeons, or clinical
28 psychologists, speech-language pathologists, or audiologists
29 from using occupational therapy as a part of or incidental to
30 their profession, when they practice their profession under
31 the statutes applicable to their profession.
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1 Section 111. Section 468.351, Florida Statutes, is
2 amended to read:
3 468.351 Purpose and intent; application.--
4 (1)(a) The purpose in enacting this part is to provide
5 for the licensure certification and registration of persons
6 who deliver respiratory care services and who meet certain
7 requirements. The delivery of respiratory care services by
8 persons licensed certified or registered pursuant to this part
9 shall not be construed to permit the practice of medicine.
10 (b) It is the finding of the Legislature that the
11 delivery of respiratory care services by unskilled and
12 incompetent persons presents a danger to the public health and
13 safety. Because it is difficult for the public to make
14 informed choices related to respiratory care services and
15 since the consequences of wrong choices can seriously endanger
16 public health and safety, it is the intent of the Legislature
17 to prohibit the delivery of respiratory care services by
18 persons who are determined to possess less than minimum
19 competencies or who otherwise present a danger to the public.
20 (2) It is the intent of the Legislature that the
21 department of Health and Rehabilitative Services shall
22 continue to regulate blood gas laboratories and that the
23 supervision of health respiratory care practitioners, clinical
24 laboratory personnel, and other persons performing blood gas
25 analysis and specimen collection for the purpose of such
26 analysis be specified in rules pursuant to the applicable
27 practice act chapter 483. Further, it is the intent of the
28 Legislature that personnel licensed certified or registered
29 pursuant to this part shall be exempt from the licensure
30 provisions of chapter 483.
31
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1 Section 112. Subsections (2), (8), and (9) of section
2 468.352, Florida Statutes, are amended to read:
3 468.352 Definitions.--As used in this part, unless the
4 context otherwise requires, the term:
5 (2) "Department" means the Department of Health
6 Business and Professional Regulation.
7 (8) "Respiratory therapist" means any person licensed
8 registered pursuant to this part who is employed to deliver
9 respiratory care services under the order of a physician
10 licensed pursuant to chapter 458 or chapter 459, and in
11 accordance with protocols established by a hospital, other
12 health care provider, or the board, and who functions in
13 situations of unsupervised patient contact requiring
14 individual judgment.
15 (9) "Respiratory care practitioner" means any person
16 licensed certified pursuant to this part who is employed to
17 deliver respiratory care services under the order of a
18 physician licensed pursuant to chapter 458 or chapter 459, and
19 in accordance with protocols established by a hospital, other
20 health care provider, or the board.
21 Section 113. Paragraph (a) of subsection (5) of
22 section 468.354, Florida Statutes, is amended to read:
23 468.354 Advisory Council on Respiratory Care;
24 organization; function.--
25 (5)(a) The council shall recommend to the department a
26 code of ethics for those persons licensed certified or
27 registered pursuant to this part.
28 Section 114. Section 468.355, Florida Statutes, is
29 amended to read:
30 468.355 Eligibility for licensure certification or
31 registration; temporary licensure certification.--
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1 (1) To be eligible for licensure certification by the
2 board as a respiratory care practitioner, an applicant must:
3 (a) Be at least 18 years old.
4 (b) Possess a high school diploma or a graduate
5 equivalency diploma.
6 (c) Meet at least one of the following criteria:
7 1. The applicant has successfully completed a training
8 program for respiratory therapy technicians or respiratory
9 therapists approved by the Commission Committee on
10 Accreditation of Allied Health Education Programs and
11 Accreditation of the American Medical Association, or the
12 equivalent thereof, as accepted by the board.
13 2. The applicant is currently a "Certified Respiratory
14 Therapy Technician" certified by the National Board for
15 Respiratory Care, or the equivalent thereof, as accepted by
16 the board.
17 3. The applicant is currently a "Registered
18 Respiratory Therapist" registered by the National Board for
19 Respiratory Care, or the equivalent thereof, as accepted by
20 the board.
21 4. The applicant is currently employed in this state
22 as a respiratory care practitioner or respiratory therapist on
23 October 1, 1984.
24
25 The criteria set forth in subparagraphs 2. and 3.
26 notwithstanding, the board shall annually review the
27 examinations and standards of the National Board for
28 Respiratory Care and may reject those examinations and
29 standards if they are deemed inappropriate.
30 (2) To be eligible for licensure registration by the
31 board as a respiratory therapist, an applicant must:
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1 (a) Be at least 18 years old.
2 (b) Possess a high school diploma or a graduate
3 equivalency diploma.
4 (c) Meet at least one of the following criteria:
5 1. The applicant has successfully completed a training
6 program for respiratory therapists approved by the Commission
7 Committee on Accreditation of Allied Health Education Programs
8 and Accreditation of the American Medical Association, or the
9 equivalent thereof, as accepted by the board.
10 2. The applicant is currently a "Registered
11 Respiratory Therapist" registered by the National Board for
12 Respiratory Care, or the equivalent thereof, as accepted by
13 the board.
14
15 The criteria set forth in subparagraphs 1. and 2.
16 notwithstanding, the board shall annually review the
17 examinations and standards of the National Board for
18 Respiratory Care and may reject those examinations and
19 standards if they are deemed inappropriate.
20 (3) With respect to the delivery of respiratory care
21 services, the board shall establish procedures for temporary
22 licensure certification of eligible individuals entering the
23 state and temporary licensure certification of those persons
24 who have graduated from a program approved by the board. Such
25 temporary licensure certification shall be for a period not to
26 exceed 1 year.
27 Section 115. Section 468.356, Florida Statutes, is
28 amended to read:
29 468.356 Approval of educational programs.--
30 (1) Approval of educational programs shall be in
31 accordance with the Joint Review Committee for Respiratory
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1 Therapy Education through the Commission Committee on
2 Accreditation of Allied Health Education Programs, or other
3 accrediting agency recognized by the United States Office of
4 Education and Accreditation of the American Medical
5 Association.
6 (2) In the event that an educational program has not
7 yet received full American Medical Association approval, the
8 board, at its discretion, may require appropriate
9 documentation of the intent to achieve full accreditation
10 within a specified time period. Temporary approval for
11 graduates of such programs to sit for state licensure
12 certification or registration examinations may then be granted
13 by the board.
14 Section 116. Section 468.357, Florida Statutes, is
15 amended to read:
16 468.357 Licensure Certification by examination.--
17 (1) A person who desires to be licensed certified as a
18 respiratory care practitioner may submit an application to the
19 department board to take the examination to be administered by
20 the department.
21 (a) The department shall examine each applicant who is
22 determined by the board to have:
23 1. Completed the application form and remitted the
24 applicable application fee set by the board;
25 2. Submitted required documentation as required in s.
26 468.355; and
27 3. Remitted an examination fee set by the board.
28 (b) The department shall conduct examinations for
29 licensure certification of respiratory care practitioners no
30 less than two times a year in such geographical locations as
31 are deemed advantageous to the majority of the applicants.
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1 However, the examination shall be conducted no less than three
2 times a year through 1988 and in such geographical locations
3 as are deemed advantageous to the majority of the applicants.
4 (c) The examination given for respiratory care
5 practitioners shall be the same as that given by the National
6 Board for Respiratory Care for entry-level certification of
7 respiratory therapy technicians. However, an equivalent
8 examination may be accepted by the board in lieu of that
9 examination.
10 (2) Each applicant who passes the examination shall be
11 entitled to licensure certification as a respiratory care
12 practitioner, and the department shall issue a license
13 certificate pursuant to this part to any applicant who
14 successfully completes the examination in accordance with this
15 section. However, the department shall not issue a license
16 certificate to any applicant who is under investigation in
17 another jurisdiction for an offense which would constitute a
18 violation of this part. Upon completion of such an
19 investigation, if the applicant is found guilty of such an
20 offense, the applicable provisions of s. 468.365 will apply.
21 (3)(a) Any person who was employed in this state on or
22 before September 30, 1983, as a respiratory therapy technician
23 or respiratory therapist, and who has performed services in
24 such professional capacity for 4 years or more by October 1,
25 1987, under the supervision of a licensed physician or in a
26 hospital or licensed health care facility, shall be issued a
27 license certificate without examination, if such person
28 provides acceptable documentation of performance of such
29 services to the board. Such documentation shall include
30 certification by a physician licensed pursuant to chapter 458
31 or chapter 459 who has direct knowledge of the practice of, or
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1 who has supervised, the person. If such person is not
2 determined to have performed critical care respiratory
3 services for at least 4 years, the board may limit the license
4 certificate of such person to the performance of noncritical
5 care respiratory services. Any person issued a certificate
6 pursuant to this paragraph shall complete at least 20 contact
7 hours of continuing education each year.
8 (b) Any person first employed in this state as a
9 respiratory therapy technician or respiratory therapist on or
10 after October 1, 1984, and prior to October 1, 1987, shall
11 have until December 31, 1988, to pass the examination for
12 certification under this part if the person has applied to
13 take the examination before March 1, 1988, and such person
14 shall be permitted to continue to perform respiratory care
15 services until December 31, 1988.
16 Section 117. Section 468.358, Florida Statutes, is
17 amended to read:
18 468.358 Licensure Certification or registration by
19 endorsement.--
20 (1) Licensure Certification as a respiratory care
21 practitioner shall be granted by endorsement to an individual
22 who holds the "Certified Respiratory Therapy Technician"
23 credential issued by the National Board for Respiratory Care
24 or an equivalent credential acceptable to the board. Licensure
25 Certification by this mechanism requires verification by oath
26 and submission of evidence satisfactory to the board that such
27 credential is held.
28 (2) Licensure Registration as a respiratory therapist
29 shall be granted by endorsement to an individual who holds the
30 "Registered Respiratory Therapist" credential issued by the
31 National Board for Respiratory Care or an equivalent
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1 credential acceptable to the board. Licensure Registration by
2 this mechanism requires verification by oath and submission of
3 evidence satisfactory to the board that such credential is
4 held.
5 (3) An individual who has been granted licensure,
6 certification, registration, or other authority, by whatever
7 name known, to deliver respiratory care services in another
8 state or country may petition the board for consideration for
9 licensure certification or registration in this state and,
10 upon verification by oath and submission of evidence of
11 licensure, certification, registration, or other authority
12 acceptable to the board, may be granted licensure
13 certification or registration by endorsement.
14 (4) Licensure Certification or registration shall not
15 be granted by endorsement as provided in this section without
16 the submission of a proper application and the payment of the
17 requisite fees therefor.
18 Section 118. Subsections (1), (2), and (5) of section
19 468.359, Florida Statutes, are amended to read:
20 468.359 Assumption of title and use of
21 abbreviations.--
22 (1) Only persons who are licensed certified pursuant
23 to this part as respiratory care practitioners have the right
24 to use the title "Respiratory Care Practitioner" and the
25 abbreviation "RCP."
26 (2) Only persons who are licensed registered pursuant
27 to this part as respiratory therapists have the right to use
28 the title "Registered Respiratory Therapist" and the
29 abbreviation "RRT," provided such persons have passed the
30 Registry Examination for Respiratory Therapists given by the
31 National Board for Respiratory Care.
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1 (5) No person in this state shall deliver respiratory
2 care services; advertise as, or assume the title of,
3 respiratory care practitioner or respiratory therapist; or use
4 the abbreviation "RCP" or take any other action that would
5 lead the public to believe that such person is licensed
6 certified or registered pursuant to this part unless such
7 person is so licensed certified or registered.
8 Section 119. Section 468.36, Florida Statutes, is
9 amended to read:
10 468.36 Primary place of service delivery; notice of
11 address or change of address.--Every licensee
12 certificateholder or registrant shall file with the department
13 the licensee's current residence address as defined by board
14 rule of his primary place of service delivery within the state
15 prior to engaging in such service delivery. Prior to changing
16 such address, he shall notify the department of the address of
17 his new primary place of service delivery, whether or not
18 within the state.
19 Section 120. Section 468.361, Florida Statutes, is
20 amended, and section 468.362, Florida Statutes, is transferred
21 to said section and amended, to read:
22 468.361 Renewal of licensure certification or
23 registration; continuing education.--
24 (1) The department shall provide by rule a method for
25 the biennial renewal of licensure certification or
26 registration at fees set by the board.
27 (2) The board shall prescribe by rule continuing
28 education requirements, not to exceed 24 hours biennially, as
29 a condition for renewal of licensure certification or
30 registration. The program criteria with respect thereto shall
31 be approved by the board.
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1 468.362 Continuing education.--
2 (1) A renewal of a certificate or registration shall
3 not be issued by the department until the certificateholder or
4 registrant submits proof satisfactory to the board that,
5 during the 2 years prior to his application for renewal, he
6 has participated in no fewer than 24 hours of continuing
7 professional respiratory care education in courses approved by
8 the board.
9 (3)(2) The board shall approve continuing education
10 courses which may be accepted in meeting the requirements of
11 this part. Providers of such courses shall also be approved
12 by the board.
13 (4)(3) The board may make exceptions from the
14 requirements of this section in emergency or hardship cases.
15 (4) The board may adopt rules, within the requirements
16 of this section, that are necessary for the implementation of
17 this section.
18 Section 121. Section 468.363, Florida Statutes, is
19 amended to read:
20 468.363 Reactivation of licensure certification or
21 registration; continuing education.--The board shall prescribe
22 by rule continuing education requirements as a condition of
23 reactivating a license certificate or registration. The
24 continuing education requirements for reactivating a license
25 certificate or registration may not exceed 12 classroom hours
26 for each year the license certificate or registration was
27 inactive.
28 Section 122. Subsection (1) of section 468.364,
29 Florida Statutes, is amended to read:
30 468.364 Fees; establishment; disposition.--
31
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1 (1) The board shall establish by rule fees for the
2 following purposes:
3 (a) Application, fee: a fee not to exceed $50.
4 (b) Examination, fee: a fee not to exceed $125 plus
5 the actual per applicant cost to the department for purchase
6 of the examination from the National Board for Respiratory
7 Care or a similar national organization.
8 (c) Initial licensure, certification or registration
9 fee: a fee not to exceed $200.
10 (d) Renewal of licensure, certification or
11 registration fee: a fee not to exceed $200 biennially.
12 (e) Renewal of inactive licensure, certification or
13 registration: a fee not to exceed $50.
14 (f) Reactivation, fee: a fee not to exceed $50.
15 Section 123. Section 468.365, Florida Statutes, is
16 amended to read:
17 468.365 Disciplinary grounds and actions.--
18 (1) The following acts constitute grounds for which
19 the disciplinary actions in subsection (2) may be taken:
20 (a) Procuring, attempting to procure, or renewing a
21 license certificate or registration as provided by this part
22 by bribery, by fraudulent misrepresentation, or through an
23 error of the department or the board.
24 (b) Having licensure, certification, registration, or
25 other authority, by whatever name known, to deliver
26 respiratory care services revoked, suspended, or otherwise
27 acted against, including the denial of licensure,
28 certification, registration, or other authority to deliver
29 respiratory care services by the licensing authority of
30 another state, territory, or country.
31
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1 (c) Being convicted or found guilty of, or entering a
2 plea of nolo contendere to, regardless of adjudication, of a
3 crime in any jurisdiction which directly relates to
4 respiratory care services or to the ability to deliver such
5 services.
6 (d) Willfully making or filing a false report or
7 record, willfully failing to file a report or record required
8 by state or federal law, or willfully impeding or obstructing
9 such filing or inducing another person to do so. Such reports
10 or records include only those reports or records which require
11 the signature of a certified respiratory care practitioner or
12 a respiratory therapist licensed registered pursuant to this
13 part.
14 (e) Circulating false, misleading, or deceptive
15 advertising.
16 (f) Unprofessional conduct, which includes, but is not
17 limited to, any departure from, or failure to conform to,
18 acceptable standards related to the delivery of respiratory
19 care services, as set forth by the board and the Advisory
20 Council on Respiratory Care in rules adopted pursuant to this
21 part.
22 (g) Engaging or attempting to engage in the
23 possession, sale, or distribution of controlled substances, as
24 set forth by law, for any purpose other than a legitimate
25 purpose.
26 (h) Willfully failing to report any violation of this
27 part.
28 (i) Willfully or repeatedly violating a rule of the
29 board or the department or a lawful order of the board or
30 department previously entered in a disciplinary hearing.
31
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1 (j) Violation of any rule adopted pursuant to this
2 part or chapter 455.
3 (k) Engaging in the delivery of respiratory care
4 services with a revoked, suspended, or inactive license
5 certificate or registration.
6 (l) Permitting, aiding, assisting, procuring, or
7 advising any person who is not licensed certified or
8 registered pursuant to this part, contrary to this part or to
9 any rule of the department or the board.
10 (m) Failing to perform any statutory or legal
11 obligation placed upon a certified respiratory care
12 practitioner or a respiratory therapist licensed registered
13 pursuant to this part.
14 (n) Accepting and performing professional
15 responsibilities which the licensee certificateholder or
16 registrant knows, or has reason to know, he is not competent
17 to perform.
18 (o) Delegating professional responsibilities to a
19 person when the licensee certificateholder or registrant
20 delegating such responsibilities knows, or has reason to know,
21 that such person is not qualified by training, experience, or
22 licensure certification or registration to perform them.
23 (p) Gross or repeated malpractice or the failure to
24 deliver respiratory care services with that level of care,
25 skill, and treatment which is recognized by a reasonably
26 prudent respiratory care practitioner or respiratory therapist
27 with similar professional training as being acceptable under
28 similar conditions and circumstances.
29 (q) Paying or receiving any commission, bonus,
30 kickback, or rebate to or from, or engaging in any split-fee
31 arrangement in any form whatsoever with, a person,
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1 organization, or agency, either directly or indirectly, for
2 goods or services rendered to patients referred by or to
3 providers of health care goods and services, including, but
4 not limited to, hospitals, nursing homes, clinical
5 laboratories, ambulatory surgical centers, or pharmacies. The
6 provisions of this paragraph shall not be construed to prevent
7 the licensee certificateholder or registrant from receiving a
8 fee for professional consultation services.
9 (r) Exercising influence within a respiratory care
10 relationship for the purpose of engaging a patient in sexual
11 activity. A patient is presumed to be incapable of giving
12 free, full, and informed consent to sexual activity with the
13 patient's respiratory care practitioner or respiratory
14 therapist.
15 (s) Making deceptive, untrue, or fraudulent
16 representations in the delivery of respiratory care services
17 or employing a trick or scheme in the delivery of respiratory
18 care services if such a scheme or trick fails to conform to
19 the generally prevailing standards of other licensees
20 certificateholders or registrants within the community.
21 (t) Soliciting patients, either personally or through
22 an agent, through the use of fraud, deception, or otherwise
23 misleading statements or through the exercise of intimidation
24 or undue influence.
25 (u) Failing to keep written respiratory care records
26 justifying the reason for the action taken by the licensee
27 certificateholder or registrant.
28 (v) Exercising influence on the patient in such a
29 manner as to exploit the patient for the financial gain of the
30 licensee certificateholder or registrant or a third party,
31
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1 which includes, but is not limited to, the promoting or
2 selling of services, goods, appliances, or drugs.
3 (w) Performing professional services which have not
4 been duly ordered by a physician licensed pursuant to chapter
5 458 or chapter 459 and which are not in accordance with
6 protocols established by the hospital, other health care
7 provider, or the board, except as provided in ss. 743.064,
8 766.103, and 768.13.
9 (x) Being unable to deliver respiratory care services
10 with reasonable skill and safety to patients by reason of
11 illness or use of alcohol, drugs, narcotics, chemicals, or any
12 other type of material as a result of any mental or physical
13 condition. In enforcing this paragraph, the department shall,
14 upon probable cause, have authority to compel a respiratory
15 care practitioner or respiratory therapist to submit to a
16 mental or physical examination by physicians designated by the
17 department. The cost of examination shall be borne by the
18 licensee certificateholder or registrant being examined. The
19 failure of a respiratory care practitioner or respiratory
20 therapist to submit to such an examination when so directed
21 constitutes an admission of the allegations against him, upon
22 which a default and a final order may be entered without the
23 taking of testimony or presentation of evidence, unless the
24 failure was due to circumstances beyond his control. A
25 respiratory care practitioner or respiratory therapist
26 affected under this paragraph shall at reasonable intervals be
27 afforded an opportunity to demonstrate that he can resume the
28 competent delivery of respiratory care services with
29 reasonable skill and safety to his patients. In any
30 proceeding under this paragraph, neither the record of
31 proceedings nor the orders entered by the board shall be used
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1 against a respiratory care practitioner or respiratory
2 therapist in any other proceeding.
3 (2) If the board finds any person guilty of any of the
4 grounds set forth in subsection (1), it may enter an order
5 imposing one or more of the following penalties:
6 (a) Denial of an application for licensure
7 certification or registration.
8 (b) Revocation or suspension of licensure
9 certification or registration.
10 (c) Imposition of an administrative fine not to exceed
11 $1,000 for each count or separate offense.
12 (d) Placement of the respiratory care practitioner or
13 respiratory therapist on probation for such period of time and
14 subject to such conditions as the board may specify,
15 including, but not limited to, requiring the respiratory care
16 practitioner or respiratory therapist to submit to treatment,
17 to attend continuing education courses, or to work under the
18 supervision of another respiratory care practitioner or
19 respiratory therapist.
20 (e) Issuance of a reprimand.
21 (3) The board shall not reinstate licensure
22 certification or registration, or cause a license certificate
23 or registration to be issued to a person it has deemed
24 unqualified, until such time as it is satisfied that such
25 person has complied with all the terms and conditions set
26 forth in the final order and that the respiratory care
27 practitioner or respiratory therapist is capable of safely
28 engaging in the delivery of respiratory care services.
29 (4) The board may, by rule, establish guidelines for
30 the disposition of disciplinary cases involving specific types
31 of violations. Such guidelines may include minimum and
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1 maximum fines, periods of supervision on probation, or
2 conditions upon probation or reissuance of a license
3 certificate or registration.
4 Section 124. Subsection (1) of section 468.366,
5 Florida Statutes, is amended to read:
6 468.366 Penalties for violations.--
7 (1) It is a violation of law for any person, including
8 any firm, association, or corporation, to:
9 (a) Sell or fraudulently obtain, attempt to obtain, or
10 furnish to any person a diploma, license, certificate,
11 registration, or record, or aid or abet in the sale,
12 procurement, or attempted procurement thereof.
13 (b) Deliver respiratory care services, as defined by
14 this part or by rule of the board, under cover of any diploma,
15 license, certificate, registration, or record that was
16 illegally or fraudulently obtained or signed or issued
17 unlawfully or under fraudulent representation.
18 (c) Deliver respiratory care services, as defined by
19 this part or by rule of the board, unless such person is duly
20 licensed certified or registered to do so under the provisions
21 of this part or unless such person is exempted pursuant to s.
22 468.368.
23 (d) Use, in connection with his name, any designation
24 tending to imply that he is a respiratory care practitioner or
25 a respiratory therapist, duly licensed certified or registered
26 under the provisions of this part, unless he is so licensed
27 certified or registered.
28 (e) Advertise an educational program as meeting the
29 requirements of this part, or conduct an educational program
30 for the preparation of respiratory care practitioners or
31
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1 respiratory therapists, unless such program has been approved
2 by the board.
3 (f) Knowingly employ unlicensed uncertified or
4 unregistered persons in the delivery of respiratory care
5 services, unless exempted by this part.
6 (g) Knowingly conceal information relative to any
7 violation of this part.
8 Section 125. Subsection (8) of section 468.368,
9 Florida Statutes, is amended to read:
10 468.368 Exemptions.--Nothing in this part shall be
11 construed to prohibit:
12 (8) The employment by a health care facility of a
13 student enrolled in the clinical portion of an approved
14 respiratory care educational program (who has demonstrated
15 such enrollment to the board by submission of evidence
16 satisfactory to the board) to deliver limited respiratory care
17 support services under the supervision of personnel licensed
18 certified or registered pursuant to this part. Such exemption
19 shall also apply to the graduates of such programs until the
20 receipt of temporary licensure certification issued pursuant
21 to the provisions of s. 468.355(3). However, such employees
22 shall not perform invasive procedures or procedures related to
23 critical respiratory care, including therapeutic, diagnostic,
24 and palliative procedures, nor shall they participate in
25 delivering certain services requiring unsupervised patient
26 contact, as determined by the board.
27 Section 126. Subsection (3) of section 478.42, Florida
28 Statutes, is amended to read:
29 478.42 Definitions.--As used in this chapter, the
30 term:
31
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1 (3) "Department" means the Department of Health
2 Business and Professional Regulation.
3 Section 127. Section 478.45, Florida Statutes, is
4 amended to read:
5 478.45 Requirements for licensure.--
6 (1) An applicant applying for licensure as an
7 electrologist shall file a written application, accompanied by
8 the application for licensure fee prescribed in s. 478.55, on
9 a form provided by the board, showing to the satisfaction of
10 the board that the applicant:
11 (a) Is at least 18 years old.
12 (b) Is of good moral character.
13 (c) Is a resident of the state.
14 (c)(d) Possesses a high school diploma or a graduate
15 equivalency diploma.
16 (d)(e) Has not committed an act in any jurisdiction
17 which would constitute grounds for disciplining an
18 electrologist in this state.
19 (e)(f)1. Has successfully completed the academic
20 requirements of an electrolysis training program, not to
21 exceed 120 hours, and the practical application thereof as
22 approved by the board; or
23 2. Was engaged in the practice of electrology prior to
24 October 1, 1991, and filed an application for licensure within
25 90 days after the date established by the board or by February
26 1, 1995, whichever comes last.
27 (2) Each applicant for licensure shall successfully
28 pass a written examination developed by the department or a
29 national examination that has, both of which have been
30 approved by the board. The examinations shall test the
31 applicant's knowledge relating to the practice of electrology,
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1 including the applicant's professional skills and judgment in
2 the use of electrolysis techniques and methods, and any other
3 subjects which are useful to determine the applicant's fitness
4 to practice.
5 (3) The department, upon approval of the board, may
6 adopt a the American Electrology Association examination or
7 any other national examination in lieu of any part of the
8 examination required by this section. The board, with the
9 assistance of the council, shall establish standards for
10 acceptable performance.
11 (4) The department shall issue a license to practice
12 electrology to any applicant who passes the examination, pays
13 the licensure fee as set forth in s. 478.55, and otherwise
14 meets the requirements of this chapter.
15 (5) The department shall conduct licensure
16 examinations at least two times a year biannually at locations
17 set by the board. However, such examinations may be conducted
18 at least three times each year through 1995. The department
19 board shall give public notice of the time and place of each
20 examination at least 60 days before it is administered and
21 shall mail notice of such examination to each applicant whose
22 application is timely filed, pursuant to board rule.
23 (6) The department may not issue a license to any
24 applicant who is under investigation in another jurisdiction
25 for an offense which would be a violation of this chapter,
26 until such investigation is complete. Upon completion of such
27 investigation, if the applicant is found guilty of such
28 offense, the board shall apply the applicable provisions of s.
29 478.52.
30 Section 128. Subsection (1) of section 478.46, Florida
31 Statutes, is amended to read:
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1 478.46 Temporary permits.--
2 (1) If the department executive director of the board
3 determines that an applicant is qualified to be licensed under
4 s. 478.47 478.45, the department board may issue the applicant
5 a temporary permit to practice electrolysis electrology until
6 the next board meeting at which license applications are to be
7 considered, but not for a longer period of time. Only one
8 temporary permit shall be issued to an applicant, and it shall
9 not be renewable.
10 Section 129. Section 478.47, Florida Statutes, is
11 amended to read:
12 478.47 Licensure by endorsement.--The department shall
13 issue a license by endorsement to any applicant who submits an
14 application and the required fees as set forth in s. 478.55
15 and who the board certifies has met the qualifications of s.
16 478.45(1) or who holds an active license or other authority to
17 practice electrology in a jurisdiction whose licensure
18 requirements are determined by the board to be equivalent to
19 the requirements for licensure in this state.
20 Section 130. Paragraph (d) of subsection (2) of
21 section 478.52, Florida Statutes, is amended, and paragraph
22 (u) is added to subsection (1) of said section, to read:
23 478.52 Disciplinary proceedings.--
24 (1) The following acts are grounds for which the
25 disciplinary actions in subsection (2) may be taken:
26 (u) Operating any electrolysis facility unless it has
27 been duly licensed as provided in this chapter.
28 (2) When the board finds any person guilty of any of
29 the grounds set forth in subsection (1), including conduct
30 that would constitute a substantial violation of subsection
31
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1 (1) which occurred prior to licensure, it may enter an order
2 imposing one or more of the following penalties:
3 (d) Place the licensee on probation for a specified
4 time and subject the licensee to such conditions as the board
5 determines necessary, including, but not limited to, requiring
6 treatment, continuing education courses, reexamination, or
7 working under the supervision of another licensee.
8 Section 131. Subsections (1) and (2) of section
9 480.033, Florida Statutes, are amended to read:
10 480.033 Definitions.--As used in this act:
11 (1) "Board" means the Board of Massage Therapy.
12 (2) "Department" means the Department of Health
13 Business and Professional Regulation.
14 Section 132. Section 480.034, Florida Statutes, is
15 amended to read:
16 480.034 Exemptions.--
17 (1) Nothing in this act shall modify or repeal any
18 provision of chapters 458-464, inclusive, or of chapter 476,
19 chapter 477, or chapter 486.
20 (2) Athletic trainers employed by or on behalf of a
21 professional athletic team performing or training within this
22 state shall be exempt from the provisions of this act.
23 (3) The state and its political subdivisions are
24 exempt from the registration requirements of this act.
25 (4) Treatments for the purpose of cleansing and
26 beautifying the skin or in conjunction with a weight loss
27 program, including herbal wraps, body scrubs, paraffin wax
28 treatments, and seaweed wraps, shall be exempt from the
29 provisions of this act.
30
31
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1 (4)(5) An exemption granted is effective to the extent
2 that an exempted person's practice or profession overlaps with
3 the practice of massage.
4 Section 133. Subsection (1) of section 480.035,
5 Florida Statutes, is amended to read:
6 480.035 Board of Massage Therapy.--
7 (1) The Board of Massage Therapy is created within the
8 department. The board shall consist of seven members, who
9 shall be appointed by the Governor and whose function it shall
10 be to carry out the provisions of this act.
11 Section 134. Section 480.041, Florida Statutes, is
12 amended to read:
13 480.041 Massage therapists; qualifications; licensure;
14 endorsement; provisional licensure.--
15 (1) Any person is qualified for licensure as a massage
16 therapist under this act who:
17 (a) Is at least 18 years of age or has received a high
18 school diploma or graduate equivalency diploma;
19 (b) Has completed a course of study at a
20 board-approved massage school or has completed an
21 apprenticeship program that meets standards adopted by the
22 board; and
23 (c) Has received a passing grade on an examination
24 administered by the department.
25 (2) Every person desiring to be examined for licensure
26 as a massage therapist shall apply to the department in
27 writing upon forms prepared and furnished by the department.
28 Such applicants shall be subject to the provisions of s.
29 480.046(1). Applicants may take an examination administered by
30 the department only upon meeting the requirements of this
31 section as determined by the board.
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1 (3) Upon an applicant's passing the examination and
2 paying the initial licensure fee, the department shall issue
3 to the applicant a license, valid until the next scheduled
4 renewal date, to practice massage.
5 (4)(a) The board may issue to an applicant, without
6 examination, a provisional license to practice massage,
7 provided such applicant meets all other conditions and
8 requirements relating to qualification for licensure and
9 submits a fee pursuant to s. 480.044. Such applicant for a
10 provisional license shall be associated with a licensed
11 massage therapist and shall practice only under the
12 supervision of such licensed massage therapist at a licensed
13 establishment.
14 (b) The provisional license, when granted, shall
15 include the name and address of the licensed massage therapist
16 with whom the applicant is associated. No licensed massage
17 therapist may supervise more than one provisional
18 licenseholder at the same time.
19 (c) The applicant must appear at the next examination
20 for licensure for which the applicant can be scheduled
21 according to the rules of the board and department. The
22 provisional license shall expire upon written notification by
23 the department that the applicant has failed the examination
24 or on the date of the scheduled examination, should the
25 applicant fail to appear. Acceptance of a provisional license
26 by an applicant shall be deemed to be consent for expiration
27 of that license in accordance with the provisions of this
28 chapter.
29 (d) No more than one provisional license may be issued
30 to an individual. No provisional license shall be issued to
31 an applicant who has previously failed the examination.
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1 (4)(5) The board shall adopt rules:
2 (a) Establishing a minimum training program for
3 apprentices.
4 (b) Specifying standards and procedures for issuance
5 of a provisional license.
6 (b)(c) Providing for educational standards,
7 examination, and certification for the practice of colonic
8 irrigation, as defined in s. 480.033(6), by massage
9 therapists.
10 (c)(d) Specifying licensing procedures for
11 practitioners desiring to be licensed in this state who hold
12 an active license and have practiced in any other state,
13 territory, or jurisdiction of the United States or any foreign
14 national jurisdiction which has licensing standards
15 substantially similar to, equivalent to, or more stringent
16 than the standards of this state.
17 Section 135. Section 480.0415, Florida Statutes, is
18 amended to read:
19 480.0415 License renewal.--The board shall prescribe
20 by rule the method for renewal of biennial licensure which
21 shall include continuing education requirements not to exceed
22 25 12 classroom hours per biennium. The board shall by rule
23 establish criteria for the approval of continuing education
24 programs or courses. The programs or courses approved by the
25 board may include correspondence courses that meet the
26 criteria for continuing education courses held in a classroom
27 setting.
28 Section 136. Subsection (1) of section 480.042,
29 Florida Statutes, is amended to read:
30 480.042 Examinations.--
31
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1 (1) The board shall specify by rule the general areas
2 of competency to be covered by examinations for licensure.
3 These rules shall include the relative weight assigned in
4 grading each area, the grading criteria to be used by the
5 examiner, and the score necessary to achieve a passing grade.
6 The board shall ensure that examinations adequately measure
7 both an applicant's competency and his knowledge of related
8 statutory requirements. Professional testing services may be
9 utilized to formulate the examinations.
10 Section 137. Section 480.0425, Florida Statutes, as
11 amended by chapter 94-119, Laws of Florida, is repealed.
12 Section 138. Subsection (7) of section 480.043,
13 Florida Statutes, is amended to read:
14 480.043 Massage establishments; requisites; licensure;
15 inspection.--
16 (7)(a) Once issued, no license for operation of a
17 massage establishment may be transferred from one owner
18 person, corporation, name, or location to another.
19 (b) A license may be transferred from one location to
20 another only after inspection and approval by the board and
21 receipt of an application and inspection fee set by rule of
22 the board, not to exceed $125.
23 (c) A license may be transferred from one business
24 name to another after approval by the board and receipt of an
25 application fee set by rule of the board, not to exceed $25.
26 Section 139. Subsection (1) of section 480.044,
27 Florida Statutes, is amended to read:
28 480.044 Fees; disposition.--
29 (1) The board shall set fees according to the
30 following schedule:
31
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1 (a) Massage therapist application and examination fee:
2 not to exceed $250.
3 (b) Massage therapist initial licensure fee: not to
4 exceed $150.
5 (c) Establishment application fee: not to exceed
6 $200.
7 (d) Establishment licensure fee: not to exceed $150.
8 (e) Biennial establishment renewal fee: not to exceed
9 $150.
10 (f) Biennial massage therapist licensure renewal fee:
11 not to exceed $200.
12 (g) Massage therapist reexamination fee: not to
13 exceed $250.
14 (h) Fee for apprentice: not to exceed $100.
15 (i) Colonics examination fee: not to exceed $100.
16 (j) Colonics reexamination fee: not to exceed $100.
17 (k) Application and provisional licensure fee: not to
18 exceed $50.
19 (k)(l) Application and reactivation for inactive
20 status of a massage therapist license fee: not to exceed
21 $250.
22 (l)(m) Renewal fee for inactive status: not to exceed
23 $250.
24 Section 140. Paragraph (a) of subsection (1) of
25 section 480.047, Florida Statutes, is amended to read:
26 480.047 Penalties.--
27 (1) It is unlawful for any person to:
28 (a) Hold himself or herself out as a massage therapist
29 or to practice massage unless duly licensed under this chapter
30 or unless otherwise specifically exempted from licensure under
31 this chapter as provided herein.
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1 Section 141. Section 480.0485, Florida Statutes, is
2 created to read:
3 480.0485 Sexual misconduct in the practice of massage
4 therapy.--The massage therapist-patient relationship is
5 founded on mutual trust. Sexual misconduct in the practice of
6 massage therapy means violation of the massage
7 therapist-patient relationship through which the massage
8 therapist uses that relationship to induce or attempt to
9 induce the patient to engage, or to engage or attempt to
10 engage the patient, in sexual activity outside the scope of
11 practice or the scope of generally accepted examination or
12 treatment of the patient. Sexual misconduct in the practice
13 of massage therapy is prohibited.
14 Section 142. Paragraph (f) of subsection (3) of
15 section 20.43, Florida Statutes, 1996 Supplement, is amended
16 to read:
17 20.43 Department of Health.--There is created a
18 Department of Health.
19 (3) The following divisions of the Department of
20 Health are established:
21 (f) Effective July 1, 1997, Division of Medical
22 Quality Assurance, which is responsible for the following
23 boards and professions established within the division:
24 1. Nursing assistants, as provided under s. 400.211.
25 2. Health care services pools, as provided under s.
26 402.48.
27 3. The Board of Acupuncture, created under chapter
28 457.
29 4. The Board of Medicine, created under chapter 458.
30 5. The Board of Osteopathic Medicine, created under
31 chapter 459.
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1 6. The Board of Chiropractic, created under chapter
2 460.
3 7. The Board of Podiatric Medicine, created under
4 chapter 461.
5 8. Naturopathy, as provided under chapter 462.
6 9. The Board of Optometry, created under chapter 463.
7 10. The Board of Nursing, created under chapter 464.
8 11. The Board of Pharmacy, created under chapter 465.
9 12. The Board of Dentistry, created under chapter 466.
10 13. Midwifery, as provided under chapter 467.
11 14. The Board of Speech-Language Pathology and
12 Audiology, created under part I of chapter 468.
13 15. The Board of Nursing Home Administrators, created
14 under part II of chapter 468.
15 16. Occupational therapy, as provided under part III
16 of chapter 468.
17 17. Respiratory therapy, as provided under part V of
18 chapter 468.
19 18. Dietetics and nutrition practice, as provided
20 under part X of chapter 468.
21 19. Athletic trainers, as provided under part XIV of
22 chapter 468.
23 20. Electrolysis, as provided under chapter 478.
24 21. The Board of Massage Therapy, created under
25 chapter 480.
26 22. The Board of Clinical Laboratory Personnel,
27 created under part III IV of chapter 483.
28 23. Medical physicists, as provided under part IV V of
29 chapter 483.
30 24. The Board of Opticianry, created under part I of
31 chapter 484.
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1 25. The Board of Hearing Aid Specialists, created
2 under part II of chapter 484.
3 26. The Board of Physical Therapy Practice, created
4 under chapter 486.
5 27. The Board of Psychology, created under chapter
6 490.
7 28. The Board of Clinical Social Work, Marriage and
8 Family Therapy, and Mental Health Counseling, created under
9 chapter 491.
10
11 The department shall contract with the Agency for Health Care
12 Administration who shall provide consumer complaint,
13 investigative, and prosecutorial services required by the
14 Division of Medical Quality Assurance, councils, or boards, as
15 appropriate.
16 Section 143. Paragraph (b) of subsection (2) of
17 section 381.81, Florida Statutes, is amended to read:
18 381.81 Minority Health Improvement Act.--
19 (2) DEFINITIONS.--As used in this section, the
20 following words and terms shall have the following meanings,
21 unless the context indicates another meaning or intent:
22 (b) "Health profession" means any regulated health
23 profession, including occupational therapy, as regulated under
24 part III of chapter 468; respiratory therapy, as regulated
25 under part V of chapter 468; physical therapy, as regulated
26 under chapter 486; midwifery, as regulated under chapter 467;
27 dietetics and nutrition practice, as regulated under part X of
28 chapter 468; electrolysis, as regulated under chapter 478;
29 nursing assistants, as regulated under s. 400.211; and those
30 professions regulated by: the Board of Medicine, created
31 under chapter 458; the Board of Osteopathic Medicine, created
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1 under chapter 459; the Board of Acupuncture, created under
2 chapter 457; the Board of Chiropractic, created under chapter
3 460; the Board of Clinical Social Work, Marriage and Family
4 Therapy, and Mental Health Counseling, created under chapter
5 491; the Board of Dentistry, created under chapter 466; the
6 Board of Optometry, created under chapter 463; the Board of
7 Podiatric Medicine, created under chapter 461; the Board of
8 Nursing, created by chapter 464; the Board of Psychological
9 Examiners, created under chapter 490; the Board of
10 Speech-Language Pathology and Audiology, created under part I
11 of chapter 468; the Board of Nursing Home Administrators,
12 created under part II of chapter 468; the Board of Clinical
13 Laboratory Personnel, created under part III IV of chapter
14 483; and the Board of Opticianry, created under part I of
15 chapter 484; and the Board of Hearing Aid Specialists, created
16 under part II of chapter 484.
17 Section 144. Section 483.800, Florida Statutes, is
18 amended to read:
19 483.800 Declaration of policy and statement of
20 purpose.--The purpose of this part is to protect the public
21 health, safety, and welfare of the people of this state from
22 the hazards of improper performance by clinical laboratory
23 personnel. Clinical laboratories provide essential services
24 to practitioners of the healing arts by furnishing vital
25 information that is essential to a determination of the
26 nature, cause, and extent of the condition involved.
27 Unreliable and inaccurate reports may cause unnecessary
28 anxiety, suffering, and financial burdens and may even
29 contribute directly to death. The protection of public and
30 individual health requires the licensure of clinical
31 laboratory personnel who meet minimum requirements for safe
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1 practice. The Legislature finds that laboratory testing
2 technology continues to advance rapidly. The Legislature also
3 finds that a hospital training program under the direction of
4 the hospital clinical laboratory director offers an
5 opportunity for individuals already trained in health care
6 professions to expand the scope of their careers. The
7 Legislature further finds that there is an immediate need for
8 properly trained personnel to ensure patient access to
9 testing. Therefore, the Legislature recognizes the
10 patient-focused benefits of hospital-based training for
11 laboratory and nonlaboratory personnel for testing within
12 hospitals and commercial laboratories the laboratory and at
13 alternate sites, and recognizes the benefits of a training
14 program approved by the Board of Clinical Laboratory Personnel
15 under the direction of the hospital clinical laboratory
16 director.
17 Section 145. Subsection (3) is added to section
18 483.801, Florida Statutes, to read:
19 483.801 Exemptions.--This part applies to all clinical
20 laboratories and clinical laboratory personnel within this
21 state, except:
22 (3) Advanced registered nurse practitioners licensed
23 under chapter 464 who perform provider-performed microscopy
24 procedures (PPMP) in an exclusive-use laboratory setting.
25 Section 146. Section 483.803, Florida Statutes, is
26 amended to read:
27 483.803 Definitions.--As used in this part, the term:
28 (1) "Board" means the Board of Clinical Laboratory
29 Personnel.
30 (2) "Clinical laboratory" means a clinical laboratory
31 as defined in s. 483.041(2).
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1 (3) "Clinical laboratory examination" means an
2 examination performed on materials or specimens of the human
3 body to provide information or materials for use in the
4 diagnosis, prevention, or treatment of a disease or the
5 identification or assessment of a medical or physical
6 condition.
7 (4)(3) "Clinical laboratory personnel" includes a
8 clinical laboratory director, supervisor, technologist, blood
9 gas analyst, or technician who performs or is responsible for
10 laboratory test procedures, but the term does not include
11 trainees, persons who perform screening for blood banks or
12 plasmapheresis centers, phlebotomists, or persons employed by
13 a clinical laboratory to perform manual pretesting duties or
14 clerical, personnel, or other administrative responsibilities.
15 (5)(4) "Clinical laboratory trainee" means any person
16 having qualifying education who is enrolled in a clinical
17 laboratory training program approved pursuant to s. 483.811
18 and who is seeking experience required to meet minimum
19 qualifications for licensing in this state. Trainees may
20 perform procedures under direct and responsible supervision of
21 duly licensed clinical laboratory personnel, but they may not
22 report test results.
23 (6)(5) "Department" means the Department of Health
24 Business and Professional Regulation.
25 (7)(6) "Licensed practitioner of the healing arts"
26 means a physician licensed pursuant to chapter 458, chapter
27 459, or chapter 460; a dentist licensed pursuant to chapter
28 466; or a person licensed pursuant to chapter 461 or chapter
29 462.
30 (8) "Public health laboratory scientist" means any
31 licensed director, supervisor, technologist, or technician
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1 engaged in laboratory testing of human specimens in a state,
2 county, or municipal public health laboratory.
3 Section 147. Subsections (1) and (2) of section
4 483.809, Florida Statutes, are amended to read:
5 483.809 Licensure; examinations; registration of
6 trainees; approval of curricula.--
7 (1) LICENSING; QUALIFICATIONS.--
8 (a) The department shall provide biennial licensure of
9 all clinical laboratory personnel who the board certifies have
10 met meeting the requirements of this part and shall prescribe
11 the qualifications necessary for such licensure. The license
12 of any person who fails to pay a required fee or otherwise
13 fails to qualify within 60 days after the date of expiration
14 of such license shall be automatically canceled without notice
15 or further proceedings unless the individual has made
16 application for inactive status pursuant to s. 483.819.
17 (b) Personnel qualifications may require appropriate
18 education, training, or experience or the passing of an
19 examination in appropriate subjects or any combination of
20 these, but no practitioner of the healing arts licensed to
21 practice in this state is required to obtain any license under
22 this part or to pay any fee hereunder except the fee required
23 for clinical laboratory licensure.
24 (2) EXAMINATIONS.--The department shall conduct
25 examinations required by board rules to determine in part the
26 qualification of clinical laboratory personnel for licensure.
27 An approved national certification examination may be accepted
28 in lieu of state examination for public health scientists.
29 Section 148. Section 483.812, Florida Statutes, is
30 created to read:
31
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1 483.812 Public health laboratory scientists;
2 licensure.--
3 (1) Applicants at the director and supervisor level in
4 the category of public health who are registered by the
5 National Registry of Clinical Chemistry Certification or the
6 American Society of Microbiology may qualify under board rules
7 by passing the appropriate supervision and administration
8 examination.
9 (2)(a) A technologist applicant for licensure in the
10 category of public health microbiology, with a baccalaureate
11 degree in one of the biological sciences from an accredited
12 institution, may use the American Society of Microbiology or
13 the National Registry of Microbiology Certification in Public
14 Health Microbiology to qualify for a technologist license in
15 public health microbiology. Such a technologist may work in a
16 public health microbiology laboratory.
17 (b) A technologist applicant for licensure in the
18 category of public health chemistry, with a baccalaureate
19 degree in one of the chemical, biological, or physical
20 sciences from an accredited institution, may use the National
21 Registry of Clinical Chemistry Certification to qualify for a
22 technologist license in public health chemistry. Such a
23 technologist may work in a public health chemistry laboratory.
24 (c) A technician applicant for licensure in the
25 category of public health, with a baccalaureate degree in one
26 of the chemical or biological sciences from an accredited
27 institution, may obtain a one-time, 3-year, conditional public
28 health technician license pending national certification by
29 the American Society of Microbiology or the National Registry
30 of Clinical Chemistry Certification. Such a technician may
31
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1 perform testing only under the direct supervision of a
2 licensed pathologist, director, supervisor, or technologist.
3 (3) A person licensed by the Board of Clinical
4 Laboratory Personnel may work in a public health laboratory at
5 the appropriate level and specialty.
6 Section 149. Section 483.813, Florida Statutes, is
7 amended to read:
8 483.813 Clinical laboratory personnel license.--A
9 person may not conduct a clinical laboratory examination or
10 report the results of such examination unless such person is
11 licensed under this part to perform such procedures. However,
12 this provision does not apply to any practitioner of the
13 healing arts authorized to practice in this state. The
14 department may grant a temporary license to any candidate it
15 deems properly qualified, for a period not to exceed 1 year,
16 or a conditional license for a period not to exceed 3 years 6
17 months.
18 Section 150. Section 483.823, Florida Statutes, is
19 amended to read:
20 483.823 Qualifications of clinical laboratory
21 personnel.--
22 (1) The board shall prescribe minimal qualifications
23 for clinical laboratory personnel and shall issue a license to
24 any person who meets the minimum qualifications and who
25 demonstrates that he possesses the character, training, and
26 ability to qualify in those areas for which the license is
27 sought.
28 (2) Personnel qualifications may require appropriate
29 education, training, or experience or the passing of an
30 examination in appropriate subjects or any combination of
31 these, but no practitioner of the healing arts licensed to
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1 practice in this state is required to obtain any license under
2 this part or to pay any fee hereunder except the fee required
3 for clinical laboratory licensure.
4 Section 151. Section 483.825, Florida Statutes, is
5 amended to read:
6 483.825 Grounds for disciplinary action against
7 clinical laboratory personnel.--The following acts constitute
8 grounds for which disciplinary actions specified in s. 483.827
9 may be taken against applicants, registrants, and licensees
10 under this part clinical laboratory personnel:
11 (1) Attempting to obtain, obtaining, or renewing a
12 license or registration under this part by bribery, by
13 fraudulent misrepresentation, or through an error of the
14 department or the board Making a fraudulent statement on an
15 application for a license or any other document required by
16 the department.
17 (2) Engaging in or attempting to engage in, or
18 representing himself as entitled to perform, any clinical
19 laboratory procedure or category of procedures not authorized
20 pursuant to his license.
21 (3) Demonstrating incompetence or making consistent
22 errors in the performance of clinical laboratory examinations
23 or procedures or erroneous reporting.
24 (4) Performing a test and rendering a report thereon
25 to a person not authorized by law to receive such services.
26 (5) Having been convicted of a felony or of any crime
27 involving moral turpitude under the laws of any state or of
28 the United States. The record of conviction or a certified
29 copy thereof shall be conclusive evidence of such conviction.
30 (6) Having been adjudged mentally or physically
31 incompetent.
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1 (7) Violating or aiding and abetting in the violation
2 of any provision of this part or the rules adopted hereunder.
3 (8) Reporting a test result when no laboratory test
4 was performed on a clinical specimen.
5 (9) Knowingly advertising false services or
6 credentials.
7 (10) Having a license revoked, suspended, or otherwise
8 acted against, including the denial of licensure, by the
9 licensing authority of another jurisdiction. The licensing
10 authority's acceptance of a relinquishment of a license,
11 stipulation, consent order, or other settlement, offered in
12 response to or in anticipation of the filing of administrative
13 charges against the licensee, shall be construed as action
14 against the licensee.
15 (11) Failing to report to the board, in writing,
16 within 30 days if action under subsection (10) has been taken
17 against one's license to practice as clinical laboratory
18 personnel in another state, territory, or country.
19 (12) Being unable to perform or report clinical
20 laboratory examinations with reasonable skill and safety to
21 patients by reason of illness or use of alcohol, drugs,
22 narcotics, chemicals, or any other type of material or as a
23 result of any mental or physical condition. In enforcing this
24 paragraph, the department shall have, upon a finding of the
25 secretary or his or her designee that probable cause exists to
26 believe that the licensee is unable to practice because of the
27 reasons stated in this paragraph, the authority to issue an
28 order to compel a licensee to submit to a mental or physical
29 examination by physicians designated by the department. If
30 the licensee refuses to comply with such order, the
31 department's order directing such examination may be enforced
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1 by filing a petition for enforcement in the circuit court
2 where the licensee resides or does business. The licensee
3 against whom the petition is filed may not be named or
4 identified by initials in any public court records or
5 documents, and the proceedings shall be closed to the public.
6 The department shall be entitled to the summary procedure
7 provided in s. 51.011. A licensee affected under this
8 paragraph shall at reasonable intervals be afforded an
9 opportunity to demonstrate that he or she can resume competent
10 practice with reasonable skill and safety to patients.
11 (13) Delegating professional responsibilities to a
12 person when the licensee delegating such responsibilities
13 knows, or has reason to know, that such person is not
14 qualified by training, experience, or licensure to perform
15 them.
16 Section 152. Section 483.828, Florida Statutes, is
17 created to read:
18 483.828 Penalty for violations.--
19 (1) Each of the following acts constitutes a felony of
20 the third degree, punishable as provided in s. 775.082, s.
21 775.083, or s. 775.084:
22 (a) Practicing as clinical laboratory personnel
23 without an active license.
24 (b) Using or attempting to use a license to practice
25 as clinical laboratory personnel which is suspended or
26 revoked.
27 (c) Attempting to obtain or obtaining a license to
28 practice as clinical laboratory personnel by knowing
29 misrepresentation.
30
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1 (2) Each of the following act constitutes a
2 misdemeanor of the first degree, punishable as provided in s.
3 775.082 or s. 775.083:
4 (a) Knowingly concealing information relating to
5 violations of this part.
6 (b) Making any willfully false oath or affirmation
7 whenever an oath or affirmation is required by this part.
8 (c) Leading the public to believe that one is licensed
9 as clinical laboratory personnel, or is engaged in licensed
10 practice as clinical laboratory personnel, without holding a
11 valid, active license.
12 Section 153. Section 483.901, Florida Statutes, is
13 amended to read:
14 483.901 Medical physicists; definitions; licensure.--
15 (1) SHORT TITLE.--This section may be cited as the
16 "Florida Medical Physicists Act."
17 (2) DECLARATION OF LEGISLATIVE POLICY.--The
18 Legislature finds that the practice of medical physics by
19 incompetent persons is a threat to the public health and
20 safety. It is, therefore, the responsibility of this state to
21 protect the public health and safety from the harmful effects
22 of excessive and unnecessary radiation by ensuring that the
23 practice of medical physics is entrusted only to persons who
24 are licensed under this section.
25 (3) DEFINITIONS.--As used in this section, the term:
26 (a) "Agency" means the Agency for Health Care
27 Administration or its successor.
28 (a)(b) "Council" means the Advisory Council of Medical
29 Physicists in the Department of Health Agency for Health Care
30 Administration.
31 (b) "Department" means the Department of Health.
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1 (c) "Diagnostic radiological physics" means the
2 specialty of medical physics which deals with the diagnostic
3 application and safe use of X rays, gamma rays from sealed
4 sources, ultrasonic radiation, radio frequency radiation, or
5 magnetic fields, and the use of equipment associated with the
6 production, use, measurement, and evaluation of the radiation
7 and the quality of the diagnostic image resulting from its
8 production and use.
9 (d) "License" means a certificate issued by the
10 department agency which authorizes the holder to practice
11 medical physics.
12 (e) "Licensed medical physicist" means a person who
13 holds a license issued under this section.
14 (f) "Medical health physics" means the specialty of
15 medical physics which deals with the safe use of X rays, gamma
16 rays, electron or other charged particle beams, neutrons,
17 radionuclides, and radiation from sealed sources, for both
18 diagnostic and therapeutic purposes in human beings and the
19 use of equipment required to perform appropriate tests and
20 measurements that do not involve the direct application of
21 radiation to humans for diagnostic or therapeutic procedures.
22 (g) "Medical nuclear radiological physics" means the
23 specialty of medical physics which deals with the therapeutic
24 and diagnostic application and safe use of radionuclides,
25 except those used in sealed sources for therapeutic purposes,
26 and the use of equipment associated with the production, use,
27 measurement, and evaluation of radionuclides.
28 (h) "Medical physics" means the branch of physics
29 which is associated with the practice of medicine. It
30 includes the fields of diagnostic radiological physics,
31
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1 therapeutic radiological physics, medical nuclear radiological
2 physics, and medical health physics.
3 (i) "Physician" means a doctor of medicine,
4 osteopathic medicine osteopathy, podiatry, dentistry, or
5 chiropractic who is licensed in this state and who prescribes
6 a radiological procedure.
7 (j) "Practice of medical physics" means the use of
8 principles and accepted protocols of physics to ensure assure
9 the correct quality, quantity, and placement of radiation
10 during the performance of a radiological procedure prescribed
11 by a physician which will protect the patient and others from
12 harmful excessive radiation. The term includes radiation beam
13 calibration and characterization quality assurance, instrument
14 specification, acceptance testing, shielding design,
15 protection analysis on radiation-emitting equipment and
16 radiopharmaceuticals, and consultation with a physician to
17 ensure assure accurate radiation dosage to a specific patient.
18 (k) "Radiation" means ionizing or nonionizing
19 radiation above background levels which is used to perform a
20 diagnostic or therapeutic medical or dental radiological
21 procedure.
22 (l) "Radiological procedure" means a test,
23 measurement, calculation, or radiation exposure used in the
24 diagnosis or treatment of diseases or other medical or dental
25 conditions in human beings that includes therapeutic
26 radiation, diagnostic radiation, nuclear magnetic resonance,
27 or nuclear medicine procedures.
28 (m) "Therapeutic radiological physics" means that
29 specialty of medical physics which deals with the therapeutic
30 application and safe use of X rays, gamma rays, electron or
31 other charged particle beams, neutrons, or radiation from
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1 radionuclide sources, and the use of equipment associated with
2 the production, use, measurement, and evaluation of that
3 radiation.
4 (4) COUNCIL.--The Advisory Council of Medical
5 Physicists is created in the Department of Health Agency for
6 Health Care Administration to advise the department in
7 regulating regulate the practice of medical physics in this
8 state.
9 (a) The council shall be composed of nine seven
10 members appointed by the secretary of the department director
11 as follows:
12 1. A licensed medical physicist who specializes in
13 diagnostic radiological physics.
14 2. A licensed medical physicist who specializes in
15 therapeutic radiological physics.
16 3. A licensed medical physicist who specializes in
17 medical nuclear radiological physics.
18 4. A physician who is board certified by the American
19 Board of Radiology or its equivalent.
20 5. A physician who is board certified by the American
21 Osteopathic Board of Radiology or its equivalent.
22 6. A physician who is board certified by the American
23 Chiropractic Radiology Board of Chiropractic Radiology or its
24 equivalent.
25 7. Three A consumer members member who are is not, and
26 have has never been, licensed as a medical physicist or
27 licensed in any closely related profession.
28 (b) The secretary of the department director shall
29 appoint the medical physicist members of the council from a
30 list of candidates who are licensed to practice medical
31 physics.
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1 (c) The secretary of the department director shall
2 appoint the physician members member of the council from a
3 list of candidates who are licensed to practice medicine in
4 this state and are board certified in diagnostic radiology,
5 therapeutic radiology, or radiation oncology.
6 (d) The secretary of the department director shall
7 appoint the public members member of the council.
8 (e) As the term of each member expires, the secretary
9 of the department director shall appoint the successor for a
10 term of 4 3 years. A member shall serve until the member's
11 his successor is appointed, unless physically unable to do so.
12 (f) An individual is ineligible to serve more than two
13 full consecutive 4-year 3-year terms.
14 (g) If a vacancy on the council occurs, the director
15 shall appoint a member to serve for a 4-year 3-year term.
16 (h) A council member must be a United States citizen
17 and must have been a resident of this state for 2 consecutive
18 years immediately before being appointed.
19 1. A member of the council who is a medical physicist
20 must have practiced for at least 6 years before being
21 appointed or be board certified for the specialty in which the
22 member practices.
23 2. A member of the council who is a physician must be
24 licensed to practice medicine in this state and must have
25 practiced diagnostic radiology or radiation oncology in this
26 state for at least 2 years before being appointed.
27 3. The public members member of the council must not
28 have a financial interest in any endeavor related to the
29 practice of medical physics.
30 (i) Notwithstanding any other provision of this
31 subsection, no later than January 1, 1996, the secretary of
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1 the department director shall make the initial appointments to
2 the council as follows:
3 1. One member who is engaged in the practice of
4 medical physics, one physician member, and one public member,
5 each of whom is to be appointed to serve until June 30, 1996;
6 2. One member who is engaged in the practice of
7 medical physics and one physician member, each of whom is to
8 be appointed to serve until June 30, 1997; and
9 3. One member who is engaged in the practice of
10 medical physics and one physician member, each of whom is to
11 be appointed to serve until June 30, 1998.
12 (j) A council member may be removed from the council
13 if the member:
14 1. Did not have the required qualifications at the
15 time of appointment;
16 2. Does not maintain the required qualifications while
17 serving on the council; or
18 3. Fails to attend the regularly scheduled council
19 meetings in a calendar year as required by s. 455.207.
20 (k) Members of the council may not receive
21 compensation for their services; however, they are entitled to
22 reimbursement, from funds deposited in the Medical Quality
23 Assurance Health Care Trust Fund, for necessary travel
24 expenses as specified in s. 112.061 for each day they engage
25 in the business of the council.
26 (l) At the first regularly scheduled meeting of each
27 calendar year, the council shall elect a presiding officer and
28 an assistant presiding officer from among its members. The
29 council shall meet at least once each year and at other times
30 in accordance with department requirements agency rules.
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1 (m) The department agency shall provide administrative
2 support to the council for all licensing activities.
3 (n) The council may conduct its meetings
4 electronically.
5 (5) POWERS OF COUNCIL.--The council shall:
6 (a) Recommend rules to administer this section.
7 (b) Recommend practice standards for the practice of
8 medical physics which are consistent with the Guidelines for
9 Ethical Practice for Medical Physicists prepared by the
10 American Association of Physicists in Medicine and
11 disciplinary guidelines adopted under s. 455.2273.
12 (c) Develop and recommend continuing education
13 requirements for licensed medical physicists.
14 (6) LICENSE REQUIRED.--An individual may not engage in
15 the practice of medical physics, including the specialties of
16 diagnostic radiological physics, therapeutic radiological
17 physics, medical nuclear radiological physics, or medical
18 health physics, without a license issued by the department
19 agency for the appropriate specialty.
20 (a) The department agency shall adopt rules to
21 administer this section which specify license application and
22 renewal fees, continuing education requirements, and standards
23 for practicing medical physics. The council shall recommend
24 to the department agency continuing education requirements
25 that shall be a condition of license renewal. The department
26 agency shall require a minimum of 24 hours per biennium of
27 continuing education offered by an organization recommended by
28 the council and approved by the department. The department,
29 upon recommendation of the council, may adopt rules to specify
30 continuing education requirements for persons who hold a
31 license in more than one specialty.
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1 (b) In order to apply for a medical physicist license
2 in one or more specialties, a person must file an individual
3 application for each specialty with the department agency.
4 The application must be on a form prescribed by the department
5 agency and must be accompanied by a nonrefundable application
6 fee for each specialty.
7 (c) The department may issue a license to an eligible
8 applicant if the applicant meets all license requirements. At
9 any time before the department agency issues or renews a
10 license, the applicant may request in writing that the
11 application be withdrawn. To reapply, the applicant must
12 submit a new application and an additional nonrefundable
13 application fee and must meet all current licensure
14 requirements.
15 (d) The department agency shall review each completed
16 application for a license which the department agency
17 receives.
18 (e) The agency may issue a license to an eligible
19 applicant if the applicant meets all license requirements.
20 1. Licenses must be uniform and must include:
21 a. The name of the licensee;
22 b. The medical physics specialty that the licensee may
23 practice; and
24 c. The expiration date of the license.
25 2. A license certificate is the property of the agency
26 and must be surrendered on demand.
27 3. The agency shall adopt rules establishing a
28 procedure for the biennial renewal of licenses.
29 4. A person may renew an unexpired license by meeting
30 the renewal requirements, paying the nonrefundable renewal fee
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1 before the expiration of the license, and meeting continuing
2 education requirements.
3 5. The cost to renew a license within 90 days after
4 the license has expired is the normal renewal fee plus a
5 penalty in the amount of half the renewal fee.
6 6. The cost to renew a license that has been expired
7 for more than 90 days but less than 2 years is the normal
8 renewal fee plus a penalty in the amount of the renewal fee.
9 7. A license may not be renewed after it has been
10 expired for more than 2 years. To be relicensed, a person
11 must comply with all current application requirements to
12 practice medical physics and must submit a new application and
13 nonrefundable application fee to the agency.
14 (e)(f) On receipt of an application and fee as
15 specified in this section, the department agency may issue a
16 license to practice medical physics in this state:
17 1. Until October 1, 1997, to a person who meets any of
18 the following requirements:
19 a. Earned from an accredited college or university a
20 doctoral degree in physics, medical physics, biophysics,
21 radiological physics, medical health physics, or nuclear
22 engineering and has at least 2 years' experience in the
23 practice of the medical physics specialty for which
24 application is made.
25 b. Earned from an accredited college or university a
26 master's degree in physics, medical physics, biophysics,
27 radiological physics, medical health physics, or nuclear
28 engineering and has at least 3 years' experience in the
29 practice of the medical physics specialty for which
30 application is made.
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1 c. Earned from an accredited college or university a
2 bachelor's degree in physics and has at least 5 years'
3 experience in the practice of the medical physics specialty
4 for which application is made.
5 d. Has at least 8 years' experience in the practice of
6 the medical physics specialty for which application is made, 2
7 years of which must have been earned within the 4 years
8 immediately preceding application for licensure.
9 e. Is board certified in the medical physics specialty
10 in which the applicant applies to practice by the American
11 Board of Radiology for diagnostic radiological physics,
12 therapeutic radiological physics, or medical nuclear
13 radiological physics; by the American Board of Medical Physics
14 or the Canadian Board of Medical Physics for diagnostic
15 radiological physics, therapeutic radiological physics, or
16 medical nuclear radiological physics; or by the American Board
17 of Health Physics or an equivalent certifying body approved by
18 the agency.
19 1. Until October 1, 1997, to a person who has earned
20 from an accredited college or university a master's degree or
21 doctoral degree in physics, medical physics, biophysics,
22 radiological physics, medical health physics, or nuclear
23 engineering, and has at least 2 years of experience in the
24 practice of the medical physics specialty for which
25 application is made during the 4 years immediately before the
26 application is made.
27 2. On or after October 1, 1997, to a person who:
28 a. Holds a license to practice medical physics in this
29 state; or
30 b. is board certified in the medical physics specialty
31 in which the applicant applies to practice by the American
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1 Board of Radiology for diagnostic radiological physics,
2 therapeutic radiological physics, or medical nuclear
3 radiological physics; by the American Board of Medical Physics
4 for diagnostic radiological physics, therapeutic radiological
5 physics, or medical nuclear radiological physics; or by the
6 American Board of Health Physics or an equivalent certifying
7 body approved by the department agency.
8 (f)(g) A licensee shall:
9 1. Display the license in a place accessible to the
10 public; and
11 2. Report immediately any change in the licensee's
12 address or name to the department agency.
13 (g) The following acts are grounds for which the
14 disciplinary actions in paragraph (h) may be taken:
15 1. Obtaining or attempting to obtain a license by
16 bribery, fraud, knowing misrepresentation, or concealment of
17 material fact or through an error of the department.
18 2. Having a license denied, revoked, suspended, or
19 otherwise acted against in another jurisdiction.
20 3. Being convicted or found guilty of, or entering a
21 plea of nolo contendere to, regardless of adjudication, a
22 crime in any jurisdiction which relates to the practice of, or
23 the ability to practice, the profession of medical physics.
24 4. Willfully failing to file a report or record
25 required for medical physics or willfully impeding or
26 obstructing the filing of a report or record required by this
27 section or inducing another person to do so.
28 5. Making misleading, deceptive, or fraudulent
29 representations in or related to the practice of medical
30 physics.
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1 6. Willfully failing to report any known violation of
2 this section or any rule adopted thereunder.
3 7. Willfully or repeatedly violating a rule adopted
4 under this section or an order of the department.
5 8. Failing to perform any statutory or legal
6 obligation placed upon a licensee.
7 9. Aiding, assisting, procuring, employing, or
8 advising any unlicensed person to practice medical physics
9 contrary to this section or any rule adopted thereunder.
10 10. Delegating or contracting for the performance of
11 professional responsibilities by a person when the licensee
12 delegating or contracting such responsibilities knows, or has
13 reason to know, such person is not qualified by training,
14 experience, and authorization to perform them.
15 11. Practicing or offering to practice beyond the
16 scope permitted by law or accepting and performing
17 professional responsibilities the licensee knows, or has
18 reason to know, the licensee is not competent to perform.
19 12. Gross or repeated malpractice or the inability to
20 practice medical physics with reasonable skill and safety.
21 13. Judicially determined mental incompetency.
22 14. Being unable to practice medical physics with
23 reasonable skill and safety because of a mental or physical
24 condition or illness or the use of alcohol, controlled
25 substances, or any other substance which impairs one's ability
26 to practice.
27 a. The department may, upon probable cause, compel a
28 licensee to submit to a mental or physical examination by
29 physicians designated by the department. The cost of an
30 examination shall be borne by the licensee, and the licensee's
31 failure to submit to such an examination constitutes an
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1 admission of the allegations against the licensee, consequent
2 upon which a default and a final order may be entered without
3 the taking of testimony or presentation of evidence, unless
4 the failure was due to circumstances beyond the licensee's
5 control.
6 b. A licensee who is disciplined under this
7 subparagraph shall, at reasonable intervals, be afforded an
8 opportunity to demonstrate that the licensee can resume the
9 practice of medical physics with reasonable skill and safety.
10 c. With respect to any proceeding under this
11 subparagraph, the record of proceedings or the orders entered
12 by the department may not be used against a licensee in any
13 other proceeding.
14 (h) When the department finds any person guilty of any
15 of the grounds set forth in paragraph (g), including conduct
16 that would constitute a substantial violation of paragraph (g)
17 which occurred prior to licensure, it may enter an order
18 imposing one or more of the following penalties:
19 1. Deny the application for licensure.
20 2. Revoke or suspend the license.
21 3. Impose an administrative fine for each count or
22 separate offense.
23 4. Place the licensee on probation for a specified
24 time and subject the licensee to such conditions as the
25 department determines necessary, including requiring
26 treatment, continuing education courses, or working under the
27 monitoring or supervision of another licensee.
28 5. Restrict a licensee's practice.
29 6. Issue a reprimand to the licensee.
30 (i) The department may not issue or reinstate a
31 license to a person it has deemed unqualified until it is
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1 satisfied that such person has complied with the terms and
2 conditions of the final order and that the licensee can safely
3 practice medical physics.
4 (h) The agency may refuse to issue or renew a license,
5 suspend or revoke a license, or reprimand the licensee for the
6 following:
7 1. Obtaining or renewing a license by means of fraud,
8 misrepresentation, or concealment of material fact;
9 2. Having made an application for or held a license
10 issued by the licensing authority of another state, territory,
11 or jurisdiction which was denied, suspended, or revoked by
12 that licensing authority without so informing the agency;
13 3. Engaging in unprofessional conduct related to the
14 practice of medical physics that has endangered or is likely
15 to endanger the health, safety, or welfare of the public;
16 4. Violating this section, a rule of the agency, or
17 the practice standards for medical physics; or
18 5. Being convicted of a felony or of a misdemeanor
19 that directly relates to a person's duties and
20 responsibilities as a licensed medical physicist.
21 (j)(i) The department agency may issue a temporary
22 license to an applicant pending completion of the application
23 process.
24 (7) FEES.--The fee for the initial license application
25 shall be $500 and is nonrefundable. The fee for license
26 renewal may not be more than $500. These fees may cover only
27 the costs incurred by the department agency and the council to
28 administer this section. By July 1 each year, the department
29 agency shall advise the council if the fees are insufficient
30 to administer this section.
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1 (8) DISPOSITION OF FEES.--The department agency shall
2 deposit all funds received into the Health Care Trust Fund.
3 (9) PENALTY FOR VIOLATIONS.--It is a felony of the
4 third degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084, to:
6 (a) Practice or attempt to practice medical physics or
7 hold oneself out to be a licensed medical physicist without
8 holding an active license.
9 (b) Practice or attempt to practice medical physics
10 under a name other than one's own.
11 (c) Use or attempt to use a revoked or suspended
12 license or the license of another.
13 (9) OFFENSES.--A person is in violation of this
14 section if the person intentionally or knowingly:
15 (a) Practices medical physics in violation of this
16 section; or
17 (b) Uses letters, terminology, symbols, or signs to
18 indicate or imply qualifications or licensure to practice
19 medical physics in any manner for which the person is not
20 licensed.
21 (10) PENALTIES.--
22 (a) A person who violates this section or any rule
23 adopted under this section is guilty of a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084.
26 (b) The agency may modify, deny, suspend, or revoke a
27 license, or may impose an administrative fine not to exceed
28 $1,000 per violation, for the violation of any provision of
29 this section, rule adopted under this section, or terms or
30 conditions of any license issued by the agency. The agency
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1 shall develop specific disciplinary guidelines in accordance
2 with s. 455.2273.
3 1. In determining the amount of a fine that is to be
4 levied for a violation, the following factors must be
5 considered:
6 a. The severity of the violation and the extent to
7 which this section, any rule adopted under this section, or
8 any term or condition of any license was violated.
9 b. Any action taken by the licensee to correct the
10 violation.
11 c. Any previous violation by the licensee.
12 2. All amounts collected under this section must be
13 deposited in the Health Care Trust Fund.
14 (c) If the agency determines that the licensee
15 presents a clear and present danger to the public health or
16 safety, the agency may issue an emergency order that
17 immediately suspends or revokes his license.
18 (10)(11) EXEMPTIONS.--This section does not apply to:
19 (a) A physician who is licensed by this state to the
20 extent that the physician he practices within the scope of the
21 physician's his training, education, and licensure;
22 (b) A person who is licensed under part IV of chapter
23 468 to the extent that the person he practices within the
24 scope of the person's his training, education, and licensure;
25 (c) A person who performs beam calibration and
26 characterization, quality assurance, instrument specification,
27 acceptance testing, shielding design, or protection analysis
28 on radiation-emitting equipment or radiopharmaceuticals in
29 connection with procedures that are not involved with the
30 diagnosis or treatment of disease or other medical or dental
31 conditions in humans;
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1 (d) A person who is employed by a federal or state
2 regulatory agency and is performing duties within the scope of
3 the person's employment;
4 (e) A student or intern who practices medical physics
5 in conjunction with a program at an accredited college or
6 university to the extent that the student or intern is
7 adequately supervised by a licensed medical physicist or
8 licensed physician; or
9 (f) A dentist or any person working under the
10 dentist's his supervision pursuant to chapter 466 to the
11 extent that the dentist or the person supervised by the
12 dentist is practicing within the scope of his or her training,
13 education, and licensure.
14 (12) LICENSURE EXCEPTION.--Notwithstanding the
15 provisions of subsections (1)-(11), any medical physicist who,
16 as of July 1, 1995, has practiced medical physics for 5 years
17 or longer is entitled to continue to so practice and need not
18 be licensed as a medical physicist.
19 Section 154. Subsection (2) of section 484.041,
20 Florida Statutes, is amended to read:
21 484.041 Definitions.--As used in this part, the term:
22 (2) "Department" means the Department of Health
23 Business and Professional Regulation.
24 Section 155. Subsection (1) of section 484.042,
25 Florida Statutes, is amended to read:
26 484.042 Board of Hearing Aid Specialists; membership,
27 appointment, terms.--
28 (1) The Board of Hearing Aid Specialists is created
29 within the Department of Health Business and Professional
30 Regulation and shall consist of nine members to be appointed
31 by the Governor and confirmed by the Senate.
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1 Section 156. Subsection (2) of section 484.051,
2 Florida Statutes, is amended to read:
3 484.051 Itemization of prices; delivery of hearing
4 aid; receipt, packaging, disclaimer, guarantee.--
5 (2) Any person who fits and sells a hearing aid shall,
6 at the time of delivery, provide the purchaser with a receipt
7 containing the seller's signature, the address of his regular
8 place of business, and his license or trainee registration
9 number, if applicable, together with the brand, model,
10 manufacturer or manufacturer's identification code, and serial
11 number of the hearing aid furnished and the amount charged for
12 the hearing aid. The receipt also shall specify whether the
13 hearing aid is new, used, or rebuilt and shall specify the
14 length of time and other terms of the guarantee and by whom
15 the hearing aid is guaranteed. When the client has requested
16 an itemized list of prices, the receipt shall also provide an
17 itemization of the total purchase price, including, but not
18 limited to, the cost of the aid, earmold, batteries and other
19 accessories, and any services. Notice of the availability of
20 this service shall be displayed in a conspicuous manner in the
21 office. The receipt also shall state that any complaint
22 concerning the hearing aid and guarantee therefor, if not
23 reconciled with the licensee from whom the hearing aid was
24 purchased, should be directed by the purchaser to the
25 Department of Health Business and Professional Regulation. The
26 address and telephone number of such office shall be stated on
27 the receipt.
28 Section 157. Subsection (2) of section 486.021,
29 Florida Statutes, is amended to read:
30 486.021 Definitions.--In this chapter, unless the
31 context otherwise requires, the term:
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1 (2) "Department" means the Department of Health
2 Business and Professional Regulation.
3 Section 158. Section 486.023, Florida Statutes, is
4 amended to read:
5 486.023 Board of Physical Therapy Practice.--
6 (1) There is created within the department the Board
7 of Physical Therapy Practice, composed of nine seven members,
8 recommended by the Florida Physical Therapy Association and
9 appointed by the Governor, subject to confirmation by the
10 Senate.
11 (2) Four Five board members shall be licensed physical
12 therapists, and one board member shall be a licensed physical
13 therapist assistant, in good standing in this state who are
14 residents of this state and have been engaged in the practice
15 of physical therapy for at least 4 years immediately prior to
16 their appointment. One licensed physical therapist board
17 member may be a full-time faculty member teaching in a
18 physical therapy curriculum in an educational institution in
19 this state. Three One of the four two remaining members shall
20 be residents a resident of this state who have has never been
21 a licensed health care practitioners practitioner. One of The
22 two remaining member members shall be a health care
23 practitioner licensed under chapter 458 or chapter 459 who is
24 a resident of this state and has been engaged as a licensed
25 health care practitioner for at least 4 years immediately
26 prior to his or her appointment.
27 (3) Within 90 days after October 1, 1989, the Governor
28 shall appoint the board as follows:
29 (a) Two members for terms of 2 years each.
30 (b) Two members for terms of 3 years each.
31 (c) Three members for terms of 4 years each.
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1 (3)(4) As the terms of the members expire, the
2 Governor shall appoint successors for terms of 4 years, and
3 such members shall serve until their successors are appointed.
4 (4)(5) All provisions of chapter 455 relating to
5 activities of the board shall apply.
6 Section 159. Section 486.031, Florida Statutes, is
7 amended to read:
8 486.031 Physical therapist; licensing
9 requirements.--To be eligible for licensing as a physical
10 therapist, an applicant must:
11 (1) Be at least 18 years old;
12 (2) Be of good moral character; and
13 (3)(a) Have been graduated from a school of physical
14 therapy which has been approved for the educational
15 preparation of physical therapists by the appropriate
16 accrediting agency recognized by the Commission on Recognition
17 of Postsecondary Accreditation (formerly the National
18 Commission on Accrediting and the Federation of Regional
19 Accrediting Commissions of Higher Education) or the United
20 States Department of Education at the time of his graduation
21 and have passed, to the satisfaction of the board, the
22 American Registry Examination prior to 1971 or a national an
23 examination approved administered by the board department to
24 determine his fitness for practice as a physical therapist as
25 hereinafter provided; or
26 (b) Have received a diploma from a program in physical
27 therapy in a foreign country and have educational credentials
28 deemed equivalent to those required for the educational
29 preparation of physical therapists in this country, as
30 recognized by the appropriate agency as identified by the
31 board, and have passed to the satisfaction of the board an
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1 examination administered by the department to determine his
2 fitness for practice as a physical therapist as hereinafter
3 provided; or
4 (c) Be entitled to licensure without examination as
5 provided in s. 486.081.
6 Section 160. Section 486.041, Florida Statutes, is
7 amended to read:
8 486.041 Physical therapist; application for license;
9 fee; temporary permit.--
10 (1) A person who desires to be licensed as a physical
11 therapist shall apply to the department board in writing on a
12 form furnished by the department. He shall embody in that
13 application evidence under oath, satisfactory to the board, of
14 his possessing the qualifications preliminary to examination
15 required by s. 486.031. He shall pay to the department at the
16 time of filing his application a fee not to exceed $100, as
17 fixed by the board, plus the actual per applicant cost to the
18 department for purchase of the examination from the
19 Professional Examination Services for the American Physical
20 Therapist's Association or a similar national organization.
21 If an applicant is deemed ineligible to take the examination,
22 that part of his application fee which is to be used for
23 examination expenses shall be returned.
24 (2) If a person desires to practice physical therapy
25 before becoming licensed through examination, he shall apply
26 to the board for a temporary permit in accordance with rules
27 adopted pursuant to this chapter.
28 (a) A temporary permit shall only be issued for a
29 limited period of time, not to exceed 1 year, and shall not be
30 renewable. A temporary permit shall automatically expire if an
31 applicant fails the examination.
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1 (b) An applicant for licensure by examination and
2 practicing under a temporary permit shall do so only under the
3 direct supervision of a licensed physical therapist.
4 Section 161. Section 486.051, Florida Statutes, is
5 amended to read:
6 486.051 Physical therapist; examination of
7 applicant.--The department shall provide for examination of
8 applicants for licensing as physical therapists at least once
9 a year, and more often at the discretion of the board, at a
10 time and place to be determined by the department. The
11 examinations of an applicant for licensing as a physical
12 therapist shall be administered by the department, in
13 accordance with rules adopted by the board, to test the
14 applicant's qualifications and shall include the taking of a
15 written test by the applicant. If an applicant fails to pass
16 the examination in three attempts, he shall not be eligible
17 for reexamination unless he completes additional educational
18 or training requirements prescribed by the board. An
19 applicant who has completed the additional educational or
20 training requirements prescribed by the board may take the
21 examination on two more occasions. If the applicant has
22 failed to pass the examination after five attempts, he is no
23 longer eligible to take the examination.
24 Section 162. Section 486.081, Florida Statutes, is
25 amended to read:
26 486.081 Physical therapist; issuance of license
27 without examination to person passing examination of another
28 authorized examining board; temporary permit; fee.--
29 (1) The board may cause a license to be issued through
30 the department without examination to any applicant who
31 presents evidence satisfactory to the board of having passed
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1 the American Registry Examination prior to 1971 or an
2 examination in physical therapy before a similar lawfully
3 authorized examining board of another state, the District of
4 Columbia, a territory, or a foreign country, if the standards
5 for licensure in physical therapy in such other state,
6 district, territory, or foreign country are determined by the
7 board to be as high as those of this state, as established by
8 rules adopted pursuant to this chapter. Any person who holds a
9 license pursuant to this section may use the words "physical
10 therapist" or "physiotherapist," or the letters "P.T.," in
11 connection with his name or place of business to denote his
12 licensure hereunder.
13 (2) At the time of making application for licensure
14 without examination pursuant to the terms of this section, the
15 applicant shall pay to the department a fee not to exceed $175
16 as fixed by the board, no part of which will be returned.
17 (3) If a person desires to practice physical therapy
18 before becoming licensed through endorsement, he shall apply
19 to the board for a temporary permit in accordance with rules
20 adopted pursuant to this chapter. A temporary permit shall
21 only be issued for a limited period of time, not to exceed 1
22 year, and shall not be renewable.
23 Section 163. Section 486.102, Florida Statutes, is
24 amended to read:
25 486.102 Physical therapist assistant; licensing
26 requirements.--To be eligible for licensing by the board as a
27 physical therapist assistant, an applicant must:
28 (1) Be at least 18 years old;
29 (2) Be of good moral character; and
30 (3)(a) Have been graduated from a school giving a
31 course of not less than 2 years for physical therapist
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1 assistants, which has been approved for the educational
2 preparation of physical therapist assistants by the
3 appropriate accrediting agency recognized by the Commission on
4 Recognition of Postsecondary Accreditation (formerly the
5 National Commission on Accrediting and the Federation of
6 Regional Accrediting Commissions of Higher Education) or the
7 United States Department of Education at the time of his
8 graduation and have passed to the satisfaction of the board an
9 examination administered by the department to determine his
10 fitness for practice as a physical therapist assistant as
11 hereinafter provided; or
12 (b) Have been graduated from a school giving a course
13 for physical therapist assistants in a foreign country and
14 have educational credentials deemed equivalent to those
15 required for the educational preparation of physical therapist
16 assistants in this country, as recognized by the appropriate
17 agency as identified by the board, and passed to the
18 satisfaction of the board an examination conducted by the
19 department to determine his fitness for practice as a physical
20 therapist assistant as hereinafter provided; or
21 (c) Be entitled to licensure without examination as
22 provided in s. 486.107.
23 Section 164. Section 486.103, Florida Statutes, is
24 amended to read:
25 486.103 Physical therapist assistant; application for
26 license; fee; temporary permit.--
27 (1) A person who desires to be licensed as a physical
28 therapist assistant shall apply to the department board in
29 writing on a form furnished by the department. He shall
30 embody in that application evidence under oath, satisfactory
31 to the board, of his possessing the qualifications preliminary
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1 to examination required by s. 486.104. He shall pay to the
2 department at the time of filing his application a fee not to
3 exceed $100, as fixed by the board, plus the actual per
4 applicant cost to the department for purchase of the
5 examination from the Professional Examination Services for the
6 American Physical Therapist's Association or a similar
7 national organization. If an applicant is deemed ineligible
8 to take the examination, that part of his application fee
9 which is to be used for examination expenses shall be
10 returned.
11 (2) If a person desires to work as a physical
12 therapist assistant before being licensed through examination,
13 he shall apply for a temporary permit in accordance with rules
14 adopted pursuant to this chapter.
15 (a) A temporary permit shall only be issued for a
16 limited period of time, not to exceed 1 year, and shall not be
17 renewable. A temporary permit shall automatically expire if an
18 applicant fails the examination.
19 (b) An applicant for licensure by examination who is
20 practicing under a temporary permit shall do so only under the
21 direct supervision of a licensed physical therapist.
22 Section 165. Section 486.104, Florida Statutes, is
23 amended to read:
24 486.104 Physical therapist assistant; examination of
25 applicant.--The department shall provide for examination of
26 applicants for licensing as physical therapist assistants at
27 least once a year, and more often at the discretion of the
28 board, at a time and place to be determined by the department.
29 The examination of an applicant for licensing as a physical
30 therapist assistant shall be provided by the department, in
31 accordance with rules adopted by the board, to test the
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1 applicant's qualifications and shall include the taking of a
2 written test by the applicant. If an applicant fails to pass
3 the examination in three attempts, he shall not be eligible
4 for reexamination unless he completes additional educational
5 or training requirements prescribed by the board. An
6 applicant who has completed the additional educational or
7 training requirements prescribed by the board may take the
8 examination on two more occasions. If the applicant has
9 failed to pass the examination after five attempts, he is no
10 longer eligible to take the examination.
11 Section 166. Section 486.123, Florida Statutes, is
12 created to read:
13 486.123 Sexual misconduct in the practice of physical
14 therapy.--The physical therapist-patient relationship is
15 founded on mutual trust. Sexual misconduct in the practice of
16 physical therapy means violation of the physical
17 therapist-patient relationship through which the physical
18 therapist uses that relationship to induce or attempt to
19 induce the patient to engage, or to engage or attempt to
20 engage the patient, in sexual activity outside the scope of
21 practice or the scope of generally accepted examination or
22 treatment of the patient. Sexual misconduct in the practice
23 of physical therapy is prohibited.
24 Section 167. Paragraph (g) is added to subsection (2)
25 of section 486.125, Florida Statutes, to read:
26 486.125 Refusal, revocation, or suspension of license;
27 administrative fines and other disciplinary measures.--
28 (2) When the board finds any person guilty of any of
29 the grounds set forth in subsection (1), it may enter an order
30 imposing one or more of the following penalties:
31
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1 (g) Recovery of actual costs of investigation and
2 prosecution.
3 Section 168. Subsection (11) is added to section
4 641.495, Florida Statutes, 1996 Supplement, to read:
5 641.495 Requirements for issuance and maintenance of
6 certificate.--
7 (11) The organization shall designate a medical
8 director who is a physician licensed under chapter 458 or
9 chapter 459.
10 Section 169. Subsection (3) of section 499.012,
11 Florida Statutes, is amended to read:
12 499.012 Wholesale distribution; definitions; permits;
13 general requirements.--
14 (3)(a) A person that engages in wholesale distribution
15 of prescription drugs in this state must have a wholesale
16 distributor's permit issued by the department, except as noted
17 in this section. Each establishment must be separately
18 permitted except as noted in this subsection.
19 (a) A separate establishment permit is not required
20 when a permitted prescription drug wholesaler consigns a
21 prescription drug to a pharmacy that is permitted under
22 chapter 465 and located in this state, provided that:
23 1. The consignor wholesaler notifies the department in
24 writing of the contract to consign prescription drugs to a
25 pharmacy along with the identity and location of each
26 consignee pharmacy;
27 2. The pharmacy maintains its permit under chapter
28 465;
29 3. The consignor wholesaler, which has no legal
30 authority to dispense prescription drugs, complies with all
31 wholesale distribution requirements of s. 499.0121 with
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1 respect to the consigned drugs and maintains records
2 documenting the transfer of title or other completion of the
3 wholesale distribution of the consigned prescription drugs;
4 4. The distribution of the prescription drug is
5 otherwise lawful under this chapter and other applicable law;
6 5. Open packages containing prescription drugs within
7 a pharmacy are the responsibility of the pharmacy, regardless
8 of how the drugs are titled; and
9 6. The pharmacy dispenses the consigned prescription
10 drug in accordance with the limitations of its permit under
11 chapter 465 or returns the consigned prescription drug to the
12 consignor wholesaler. In addition, a person who holds title to
13 prescription drugs may transfer the drugs to a person
14 permitted or licensed to handle the reverse distribution or
15 destruction of drugs. Any other distribution by and means of
16 the consigned prescription drug by any person, not limited to
17 the consignor wholesaler or consignee pharmacy, to any other
18 person is prohibited.
19 (b) A wholesale distributor's permit is not required
20 for the one-time transfer of title of a pharmacy's lawfully
21 acquired prescription drug inventory by a pharmacy with a
22 valid permit issued under chapter 465 to a consignor
23 prescription drug wholesaler, permitted under this chapter, in
24 accordance with a written consignment agreement between the
25 pharmacy and that wholesaler if: the permitted pharmacy and
26 the permitted prescription drug wholesaler comply with all of
27 the provisions of paragraph (3)(a) and the prescription drugs
28 continue to be within the permitted pharmacy's inventory for
29 dispensing in accordance with the limitations of the pharmacy
30 permit under chapter 465. A consignor drug wholesaler may not
31 use the pharmacy as a wholesale distributor through which it
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1 distributes the legend drugs to other pharmacies. Nothing in
2 this section is intended to prevent a wholesale drug
3 distributor from obtaining this inventory in the event of
4 nonpayment by the pharmacy.
5 (c)(b) The department shall require information from
6 each wholesale distributor as part of the permit and renewal
7 of such permit, as required under s. 499.01.
8 Section 170. This act shall take effect July 1, 1997.
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