CODING: Words stricken are deletions; words underlined are additions.House Bill 2013er
ENROLLED
1997 Legislature HB 2013, Third Engrossed
1
2 An act relating to regulation of health care
3 professions; amending s. 468.1645, F.S.;
4 revising an exemption from licensure as a
5 nursing home administrator relating to persons
6 employed to administer in facilities or
7 institutions operated by and for persons who
8 rely exclusively upon treatment by spiritual
9 means through prayer; amending s. 458.3115,
10 F.S.; revising requirements for the development
11 of examinations administered to certain
12 foreign-licensed physicians; prescribing
13 eligibility requirements for certain
14 foreign-trained physicians to take a
15 restricted-license examination; amending s.
16 402.48, F.S., relating to health care services
17 pools; increasing the period of registration;
18 updating a definition and a provision relating
19 to meeting financial responsibility
20 requirements; amending s. 455.225, F.S.;
21 providing legislative intent; revising
22 procedures to discipline professionals;
23 requiring the Agency for Health Care
24 Administration, the Department of Business and
25 Professional Regulation, or appropriate
26 regulatory boards to establish plans to resolve
27 incomplete investigations or disciplinary
28 proceedings; amending s. 455.2285, F.S.;
29 revising requirements for information that is
30 disclosed in the annual report; amending s.
31 457.102, F.S.; revising definitions applicable
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 to the regulation of acupuncture; amending s.
2 457.105, F.S.; revising qualifications for
3 licensure to practice acupuncture; revising
4 fees; conforming terminology; amending s.
5 457.107, F.S.; revising licensure renewal fees;
6 conforming terminology; amending s. 457.1085,
7 F.S.; revising requirements on the adoption of
8 rules relating to infection control and on the
9 use of acupuncture needles; amending ss.
10 457.103, 457.108, 457.109, and 457.116, F.S.,
11 to conform; amending s. 458.303, F.S.;
12 eliminating references to physician's trained
13 assistants; amending s. 458.305, F.S.; updating
14 the definition of "department"; amending s.
15 458.307, F.S.; revising provisions relating to
16 probable cause panels of the Board of Medicine;
17 amending s. 455.206, F.S.; conforming a
18 cross-reference; amending s. 458.311, F.S.;
19 revising requirements for licensure of
20 physicians by examination; revising an
21 educational and postgraduate training
22 requirement; allowing certain applicants to
23 complete a specified fellowship to partially
24 satisfy the licensing requirements; providing
25 for additional remedial education or training
26 upon failure to pass the licensing examination
27 after a certain number of attempts; authorizing
28 persons in certain training programs to take
29 the examination under certain circumstances;
30 amending s. 458.313, F.S.; revising
31 requirements for licensure of physicians by
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 endorsement; eliminating a provision
2 authorizing oral examinations; providing for
3 additional remedial education or training upon
4 failure to pass the licensing examination after
5 a certain number of attempts; authorizing
6 additional requirements prior to certification
7 of eligibility for licensure; conforming a
8 cross-reference; eliminating a provision
9 authorizing licensure under a period of
10 supervision; providing conditions for
11 reactivation of certain licenses issued by
12 endorsement; amending s. 458.317, F.S.,
13 relating to limited licenses; eliminating the
14 requirement that applicants for a limited
15 license be retired from the practice of
16 medicine; restricting certain limited licensees
17 to noncompensated practice; requiring the
18 payment of fees if a person receives
19 compensation for the practice of medicine;
20 amending s. 458.319, F.S.; clarifying
21 requirements for renewal of license to practice
22 medicine; revising recent-practice
23 requirements; amending s. 458.320, F.S.;
24 conforming a cross-reference; requiring
25 physicians not carrying medical malpractice
26 insurance to post notice and provide a written
27 statement thereof; providing for acknowledgment
28 that the patient has been so informed; amending
29 s. 458.331, F.S.; revising and providing
30 grounds for disciplinary action; providing
31 penalties; creating s. 458.3312, F.S.;
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 prohibiting physicians from falsely
2 representing that they are board-certified
3 specialists; amending s. 458.345, F.S.,
4 relating to registration of resident
5 physicians, interns, and fellows; providing for
6 designation of a person responsible at each
7 hospital using such residents for the
8 hospital's semiannual reports to the
9 department; requiring certain notice to the
10 executive director of the board; providing that
11 registrants are subject to specified
12 disciplinary provisions; providing requirements
13 for the prescribing of medicinal drugs;
14 amending s. 458.346, F.S.; providing for
15 meetings of the Public Sector Physician
16 Advisory Committee; amending ss. 458.347 and
17 459.022, F.S.; revising requirements for
18 certification as a physician assistant;
19 updating terminology; amending s. 458.3485,
20 F.S.; requiring medical assistants to be under
21 the direct supervision of a licensed physician;
22 providing for rules; amending s. 459.003, F.S.;
23 updating the definition of "department";
24 providing that certain terms are equivalent;
25 amending s. 459.021, F.S.; revising terminology
26 relating to osteopathic medicine; revising
27 provisions relating to registration of resident
28 physicians, interns, and fellows; providing for
29 designation of a person responsible for the
30 hospital's semiannual reports to the
31 department; requiring certain notice to the
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 executive director of the board; providing that
2 registrants are subject to specified
3 disciplinary provisions; authorizing resident
4 physicians to prescribe drugs appearing on
5 schedules of controlled substances under
6 certain circumstances; repealing s.
7 460.413(1)(bb) and (cc), F.S., relating to
8 grounds for disciplinary action; amending s.
9 459.0075, F.S., relating to limited licenses;
10 eliminating the requirement that applicants for
11 a limited license be retired from the practice
12 of osteopathic medicine; restricting certain
13 limited licensees to noncompensated practice;
14 requiring the payment of fees if a person
15 receives compensation for the practice of
16 osteopathic medicine; amending s. 459.0085,
17 F.S.; conforming a cross-reference; requiring
18 osteopathic physicians not carrying medical
19 malpractice insurance to post notice and
20 provide a written statement thereof; providing
21 for acknowledgment that the patient has been so
22 informed; amending s. 459.015, F.S.; revising
23 and providing grounds for disciplinary action;
24 providing penalties; creating s. 459.0152,
25 F.S.; prohibiting osteopathic physicians from
26 falsely representing that they are
27 board-certified specialists; amending ss.
28 240.4067, 390.011, 395.0191, 408.035, 409.905,
29 415.102, 415.1034, 415.504, 440.106, 440.13,
30 440.134, 440.15, 456.31, 459.006, 462.01,
31 468.301, 468.302, 476.044, 477.0135, 483.291,
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 621.03, 627.351, 627.357, 627.6482, 725.01,
2 766.101, 766.103, 766.105, 766.110, 817.234,
3 and 945.047, F.S.; conforming and correcting
4 terminology relating to osteopathic medicine;
5 amending s. 460.403, F.S.; updating the
6 definition of "department"; amending s.
7 460.413, F.S.; repealing ss. 460.413(1)(bb) and
8 460.413(1)(cc), relating to grounds for
9 disciplinary action; revising grounds for
10 disciplinary action; providing penalties;
11 providing criteria for determining the
12 applicable penalty; providing certain
13 evidentiary standards; providing authority and
14 procedure to enjoin a chiropractor from
15 providing medical services under certain
16 circumstances; reenacting ss. 320.0848(9),
17 455.236(4)(g), and 766.111(2), F.S., relating
18 to parking permits for disabled persons,
19 prohibited referrals to home health agencies,
20 and unnecessary diagnostic testing, to
21 incorporate the amendment to s. 460.413, F.S.,
22 in references thereto; amending s. 460.4165,
23 F.S.; revising a provision relating to the fee
24 accompanying applications to supervise
25 chiropractic physician's assistants; amending
26 s. 461.003, F.S.; updating the definition of
27 "department"; amending s. 461.013, F.S.;
28 revising a ground for disciplinary action;
29 providing penalties; amending s. 461.018, F.S.;
30 clarifying a provision relating to the limited
31 practice of podiatry in designated areas of
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 need; amending s. 464.003, F.S.; revising a
2 definition to update authority over regulation
3 of nursing; amending ss. 464.004, 464.008,
4 464.009, 464.012, 464.013, and 464.014, F.S.,
5 to conform; amending s. 464.018, F.S.; revising
6 grounds for disciplinary action; providing
7 penalties; conforming terminology; amending s.
8 464.019, F.S., relating to approval of nursing
9 programs; providing for a program review fee;
10 conforming terminology; creating s. 464.0205,
11 F.S.; providing for certification of retired
12 volunteer nurses; providing requirements,
13 qualifications, fees, and restrictions;
14 amending s. 464.022, F.S.; providing an
15 exemption from regulation relating to certain
16 nurses accompanying and caring for patients
17 temporarily residing in this state; amending s.
18 465.003, F.S.; revising the definitions of the
19 terms "pharmacy" and "department"; amending s.
20 465.004, F.S.; increasing the membership of the
21 Board of Pharmacy; revising membership
22 qualifications; amending s. 465.0125, F.S.;
23 providing responsibilities of consultant
24 pharmacists and doctors of pharmacy; providing
25 for rules; amending s. 465.0156, F.S.; revising
26 information required for registration of
27 nonresident pharmacies; amending s. 465.016,
28 F.S.; revising grounds for disciplinary
29 actions; providing penalties; amending s.
30 465.0196, F.S., relating to special pharmacy
31 permits; conforming a cross-reference; amending
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 s. 465.026, F.S.; revising provisions relating
2 to the filling of prescriptions transferred by
3 electronic or other means; amending s. 465.035,
4 F.S.; allowing the dispensing of controlled
5 substances based on electronic facsimiles of
6 the original prescriptions; amending s.
7 465.186, F.S.; providing for inclusion of
8 certain products and over-the-counter
9 proprietary drugs in the formulary of
10 authorized medicinal drug products and
11 dispensing procedures; amending s. 893.03,
12 F.S.; adding butorphanol tartrate as a Schedule
13 IV controlled substance; reenacting ss.
14 316.193(5), 327.35(5), 440.102(11)(b),
15 458.326(3), 817.563(1), 831.31(1)(a) and (2),
16 856.015(1)(d), 893.02(4), 893.08(1)(b),
17 893.13(1)(a), (c), and (d), (2)(a), (4)(b), and
18 (5)(b), F.S., relating to driving under the
19 influence, boating under the influence,
20 drug-free workplace program requirements,
21 authorized treatment of intractable pain, sales
22 of substances in lieu of controlled substances,
23 counterfeit controlled substances, open house
24 parties, definitions applicable to regulation
25 of controlled substances, exceptions to
26 required prescription for distribution at
27 retail, and prohibited acts relating to
28 controlled substances, respectively, to
29 incorporate the amendment to s. 893.03, F.S.,
30 in references thereto; amending s. 466.003,
31 F.S.; updating the definition of "department";
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 amending s. 466.006, F.S., relating to the
2 examination of dentists; revising prerequisites
3 for certain applicants to take the examination;
4 amending s. 466.017, F.S.; eliminating obsolete
5 provisions relating to the utilization of
6 general anesthesia and parenteral conscious
7 sedation by licensed dentists; amending s.
8 466.028, F.S.; revising grounds for
9 disciplinary action; providing penalties;
10 amending s. 468.1115, F.S.; revising and
11 providing exemptions from regulation as a
12 speech-language pathologist or audiologist;
13 amending s. 468.1125, F.S.; updating the
14 definition of "department"; amending s.
15 468.1155, F.S.; revising provisional licensure
16 requirements; providing requirements for
17 cross-discipline licensure; amending s.
18 468.1185, F.S.; revising licensure
19 requirements; conforming a reference; amending
20 s. 468.1195, F.S.; revising continuing
21 education requirements; providing for adoption
22 of standards of approval of continuing
23 education providers; creating s. 468.1201,
24 F.S.; requiring instruction on human
25 immunodeficiency virus and acquired immune
26 deficiency syndrome as a condition of being
27 granted a license or certificate to practice
28 speech-language pathology or audiology;
29 amending s. 468.1215, F.S.; revising
30 requirements for certification as a
31 speech-language pathology or audiology
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 assistant; conforming a reference; amending s.
2 468.1245, F.S.; revising provisions relating to
3 certain complaints concerning hearing aids;
4 amending s. 468.1295, F.S.; revising and
5 providing grounds for disciplinary action;
6 revising and providing penalties; creating s.
7 468.1296, F.S.; prohibiting sexual misconduct
8 in the practice of speech-language pathology
9 and audiology, for which there are penalties;
10 amending s. 468.1655, F.S.; updating the
11 definition of "department"; amending s.
12 468.1695, F.S.; reducing the number of times a
13 year the examination for licensure as a nursing
14 home administrator must be given; amending s.
15 468.203, F.S.; revising definitions applicable
16 to regulation of occupational therapy; amending
17 s. 468.205, F.S.; replacing the Occupational
18 Therapy Council with a Board of Occupational
19 Therapy Practice; providing for qualifications,
20 appointments, and terms of board members;
21 providing for the filling of vacancies on the
22 board; amending s. 468.209, F.S.; revising
23 educational requirements for licensure as an
24 occupational therapist or occupational therapy
25 assistant; providing for licensure of certain
26 applicants without meeting such educational
27 requirements; providing for certain temporary
28 permits; requiring documentation of continuing
29 education for certain applicants; amending s.
30 468.211, F.S.; providing a restriction on the
31 number of times an applicant may fail the
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 examination and requiring remediation after a
2 certain number; amending s. 468.213, F.S.;
3 revising requirements for licensure by
4 endorsement; amending s. 468.225, F.S.;
5 providing exemptions from regulation of
6 occupational therapy; amending ss. 468.351,
7 468.352, 468.354, 468.355, 468.356, 468.357,
8 468.358, 468.359, 468.36, 468.361, 468.363,
9 468.364, 468.365, 468.366, and 468.368, F.S.;
10 repealing s. 468.362, F.S., relating to
11 continuing education; providing for licensure
12 of respiratory care practitioners and
13 respiratory therapists; eliminating references
14 to certification and registration; updating the
15 definition of "department"; revising
16 terminology; revising approval of educational
17 programs; eliminating annual continuing
18 education requirements for certain persons;
19 providing penalties; amending s. 478.42, F.S.;
20 updating the definition of "department";
21 amending s. 478.45, F.S.; revising requirements
22 for licensure as an electrologist; amending s.
23 478.46, F.S.; revising requirements relating to
24 issuance of temporary permits; conforming a
25 cross-reference and terminology; amending s.
26 478.47, F.S.; revising requirements for
27 licensure by endorsement; amending s. 478.52,
28 F.S.; prohibiting the operation of unlicensed
29 electrolysis facilities; providing penalties;
30 amending s. 480.033, F.S.; revising the
31 definition of "board"; updating the definition
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 of "department"; amending s. 480.034, F.S.;
2 eliminating an exemption from regulation
3 applicable to certain skin treatments and
4 weight-loss programs; amending s. 480.035,
5 F.S.; renaming the Board of Massage as the
6 Board of Massage Therapy; amending s. 480.041,
7 F.S.; eliminating provisional licensure to
8 practice massage therapy; amending s. 480.0415,
9 F.S.; authorizing an increase in the number of
10 classroom hours of continuing education that
11 may be required for renewal of a license to
12 practice massage therapy; amending s. 480.042,
13 F.S.; revising what examinations must measure;
14 repealing s. 480.0425, F.S., relating to
15 inactive status; amending s. 480.043, F.S.;
16 revising provisions relating to the transfer of
17 licenses; amending s. 480.044, F.S.; revising
18 provisions relating to fees; amending s.
19 480.047, F.S.; prohibiting the practice of
20 massage therapy without a license unless
21 exempted from licensure; creating s. 480.0485,
22 F.S.; prohibiting sexual misconduct in the
23 practice of massage therapy, for which there
24 are disciplinary actions; amending s. 20.43,
25 F.S., relating to the Department of Health;
26 conforming terminology; updating a reference;
27 amending s. 381.81, F.S., to conform; amending
28 s. 483.800, F.S.; revising policy and purpose
29 relating to regulation of clinical laboratory
30 personnel; amending s. 483.801, F.S.; providing
31 a regulatory exemption relating to advanced
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 registered nurse practitioners; amending s.
2 483.803, F.S.; updating the definition of
3 "department"; providing definitions; amending
4 s. 483.809, F.S.; revising licensing
5 provisions; authorizing an alternative
6 examination for public health laboratory
7 scientists; creating s. 483.812, F.S.;
8 providing for licensure of public health
9 laboratory scientists; amending s. 483.813,
10 F.S.; extending the period of a temporary
11 license for clinical laboratory personnel;
12 providing a period for a conditional license;
13 amending s. 483.823, F.S.; revising provisions
14 relating to qualifications of clinical
15 laboratory personnel; amending s. 483.825,
16 F.S.; revising and providing grounds for
17 disciplinary action; providing penalties;
18 creating s. 483.828, F.S.; providing penalties
19 for specified violations; amending s. 483.901,
20 F.S., the "Florida Medical Physicists Act";
21 providing that the Advisory Council of Medical
22 Physicists is an advisory rather than a
23 regulatory body; increasing the number and
24 terms of council members; clarifying initial
25 and other appointment provisions; revising
26 provisions relating to council meetings;
27 revising licensure requirements; clarifying
28 that the required continuing education hours
29 are to be satisfied biennially and that the
30 organizations providing such education must be
31 approved by the Department of Health; revising
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 and providing grounds for disciplinary action;
2 revising and providing criminal acts; providing
3 an administrative fine; providing penalties;
4 eliminating a provision authorizing a licensure
5 exception; amending s. 484.041, F.S.; updating
6 the definition of "department"; amending s.
7 484.042, F.S.; updating a reference, to
8 conform; amending s. 484.051, F.S.; updating a
9 reference, to conform; amending s. 486.021,
10 F.S.; updating the definition of "department";
11 amending s. 486.023, F.S.; changing the
12 membership of the Board of Physical Therapy
13 Practice; amending ss. 486.031 and 486.081,
14 F.S.; providing an alternative licensure
15 examination; revising accreditation provisions
16 relating to licensure as a physical therapist;
17 amending s. 486.041, F.S.; revising provisions
18 relating to applying for a license as a
19 physical therapist and to the fee therefor;
20 amending s. 486.051, F.S.; revising provisions
21 relating to examination of applicants for
22 licensure as a physical therapist; amending s.
23 486.102, F.S.; revising accreditation
24 provisions relating to licensure as a physical
25 therapist assistant; amending s. 486.103, F.S.;
26 revising provisions relating to applying for a
27 license as a physical therapist assistant and
28 to the fee therefor; amending s. 486.104, F.S.;
29 revising provisions relating to examination of
30 applicants for licensure as a physical
31 therapist assistant; creating s. 486.123, F.S.;
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 prohibiting sexual misconduct in the practice
2 of physical therapy, for which there are
3 disciplinary actions; amending s. 486.125,
4 F.S.; providing for recovery of the actual
5 costs of investigation and prosecution;
6 amending s. 641.495, F.S.; requiring a health
7 maintenance organization to designate as
8 medical director a state-licensed physician or
9 osteopathic physician; amending s. 499.012,
10 F.S.; clarifying and providing for additional
11 wholesale distribution exceptions; requiring
12 the Board of Medicine to establish guidelines
13 for physicians to prescribe certain drugs used
14 to treat obesity; requiring the Board of
15 Osteopathic Medicine to establish guidelines
16 for physicians to prescribe certain drugs used
17 to treat obesity; amending s. 409.9122, F.S.;
18 providing for chiropractic and podiatric
19 services under the MediPass program; creating a
20 Task Force on Exemptions from Licensure under
21 s. 468.505(1)(k), F.S., which exempts certain
22 persons employed by a hospital, nursing home,
23 assisted living facility, or continuing care
24 facility; providing for membership and meetings
25 of the task force, including place of meetings;
26 requiring a report to certain legislative
27 leaders; providing responsibilities of the task
28 force; providing for dissolution of the task
29 force; amending s. 465.014, F.S.; amending the
30 duties of pharmacy technicians; increasing the
31 number of pharmacy technicians a licensed
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 pharmacist may supervise; amending s. 456.32,
2 F.S.; including specified mental health
3 professionals within the definition of
4 "practitioner of the healing arts"; amending s.
5 490.003, F.S.; revising and providing
6 definitions relating to the regulation of
7 psychological services; amending s. 490.005,
8 F.S.; conforming cross-references; creating s.
9 490.0051, F.S.; providing for provisional
10 licensure; repealing s. 490.008, F.S., relating
11 to inactive status; amending s. 490.009, F.S.;
12 revising and providing grounds for disciplinary
13 action; amending s. 490.012, F.S.; providing
14 requirements for display of licenses and
15 provisional licenses; eliminating a requirement
16 relating to use of the license number on
17 professional advertisements; providing
18 requirements for promotional materials of
19 provisional licensees; conforming
20 cross-references; providing penalties; amending
21 s. 490.014, F.S.; clarifying applicability of
22 exemption provisions; removing an obsolete
23 licensing exemption that required registration
24 of certain trainees or interns; amending s.
25 491.003, F.S.; revising and providing
26 definitions relating to the regulation of
27 clinical, counseling, and psychotherapy
28 services; creating s. 491.0045, F.S.; requiring
29 registration of interns and providing
30 requirements thereof; creating s. 491.0046,
31 F.S.; providing for provisional licensure;
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 amending s. 491.005, F.S.; revising
2 requirements for licensure by examination;
3 providing for additional educational
4 requirements at a future date; creating s.
5 491.0057, F.S.; providing for dual licensure as
6 a marriage and family therapist; amending s.
7 491.007, F.S.; providing for biennial renewal
8 of registrations; providing for fees; amending
9 s. 491.009, F.S.; revising and providing
10 grounds for disciplinary action; amending s.
11 491.012, F.S.; prohibiting the use of certain
12 titles under certain circumstances; providing a
13 penalty; amending s. 491.014, F.S.; revising
14 and clarifying exemption provisions; removing
15 an obsolete licensing exemption that required
16 registration of certain trainees or interns;
17 amending s. 491.0149, F.S.; requiring display
18 of registrations and provisional licenses and
19 use of applicable professional titles on
20 promotional materials; amending ss. 232.02,
21 394.455, F.S.; conforming cross-references;
22 creating s. 458.3124, F.S.; providing for
23 certain foreign-trained and licensed physicians
24 to take certain licensure examinations;
25 providing restrictions and establishing fees;
26 restricting the practice of such persons;
27 providing for eligibility for full licensure;
28 providing for the adoption of rules; providing
29 an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 Section 1. Subsection (2) of section 468.1645, Florida
2 Statutes, is amended to read:
3 468.1645 Administrator license required.--
4 (2) Nothing in this part or in the rules adopted
5 hereunder shall require an administrator of any facility or
6 institution operated by and a recognized church or religious
7 denomination for persons who rely exclusively upon treatment
8 by spiritual means through prayer, in accordance with the
9 creed or tenets of any organized church or religious
10 denomination, to be licensed as a nursing home administrator
11 if the administrator who is employed only to administer in
12 such facilities or institutions accredited by such church or
13 denomination for the care and treatment of the sick in
14 accordance with its teachings, to be licensed as a nursing
15 home administrator.
16 Section 2. Effective upon this act becoming a law,
17 paragraph (c) of subsection (1) of section 458.3115, Florida
18 Statutes, 1996 Supplement, is amended to read:
19 458.3115 Restricted license; certain foreign-licensed
20 physicians; United States Medical Licensing Examination
21 (USMLE) or agency-developed examination; restrictions on
22 practice; full licensure.--
23 (1)
24 (c) A person shall be eligible to take such
25 examination for restricted licensure if the person:
26 1. Has taken, upon approval by the board, and
27 completed, in November 1990 or November 1992, one of the
28 special preparatory medical update courses authorized by the
29 board and the University of Miami Medical School and
30 subsequently passed the final course examination; or upon
31 approval by the board to take the course completed in 1990 or
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ENROLLED
1997 Legislature HB 2013, Third Engrossed
1 in 1992, has a certificate of successful completion of that
2 course from the University of Miami or the Stanley H. Kaplan
3 course; or can document to the department that he or she was
4 one of the persons who took and successfully completed the
5 Stanley H. Kaplan course that was approved by the Board of
6 Medicine and supervised by the University of Miami. At a
7 minimum, the documentation must include class attendance
8 records and the test score on the final course examination;
9 2. Applies to the agency and submits an application
10 fee that is nonrefundable and equivalent to the fee required
11 for full licensure;
12 3. Documents no less than 2 years of the active
13 practice of medicine in another jurisdiction;
14 4. Submits an examination fee that is nonrefundable
15 and equivalent to the fee required for full licensure plus the
16 actual per-applicant cost to the agency to provide either
17 examination described in this section;
18 5. Has not committed any act or offense in this or any
19 other jurisdiction that would constitute a substantial basis
20 for disciplining a physician under this chapter or chapter
21 455; and
22 6. Is not under discipline, investigation, or
23 prosecution in this or any other jurisdiction for an act that
24 would constitute a violation of this chapter or chapter 455
25 and that substantially threatened or threatens the public
26 health, safety, or welfare.
27 Section 3. Paragraph (a) of subsection (1), subsection
28 (4), and paragraph (g) of subsection (8) of section 402.48,
29 Florida Statutes, 1996 Supplement, are amended to read:
30 402.48 Health care services pools.--
31 (1) As used in this section, the term:
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1 (a) "Department" means the Department of Health
2 Business and Professional Regulation.
3 (4) Each registration shall be for a period of 2 years
4 1 year. A new registration is required upon the sale of a
5 controlling interest in a health care services pool.
6 (8)
7 (g) Meeting the financial responsibility requirements
8 of this section must be established at the time of issuance or
9 renewal of a certificate of registration on or after January
10 1, 1991.
11 Section 4. Subsections (2), (4), and (9) of section
12 455.225, Florida Statutes, 1996 Supplement, are amended to
13 read:
14 455.225 Disciplinary proceedings.--Disciplinary
15 proceedings for each board shall be within the jurisdiction of
16 the department or the Agency for Health Care Administration,
17 as appropriate.
18 (2) The department and the Agency for Health Care
19 Administration shall allocate sufficient and adequately
20 trained staff to expeditiously and thoroughly determine legal
21 sufficiency and investigate all legally sufficient complaints.
22 For purposes of this section, it is the intent of the
23 Legislature that the term "expeditiously" means that the
24 agency, for disciplinary cases under its jurisdiction, shall
25 complete the report of its initial investigative findings and
26 recommendations concerning the existence of probable cause
27 within 6 months after its receipt of the complaint. The
28 failure of the agency, for disciplinary cases under its
29 jurisdiction, to comply with the time limits in this section
30 while investigating a complaint against a licensee constitutes
31 harmless error in any subsequent disciplinary action unless a
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1 court finds that either the fairness of the proceeding or the
2 correctness of the action may have been impaired by a material
3 error in procedure or a failure to follow prescribed
4 procedure. When its investigation is complete and legally
5 sufficient, the department or the agency shall prepare and
6 submit to the probable cause panel of the appropriate
7 regulatory board the investigative report of the department or
8 the agency. The report shall contain the investigative
9 findings and the recommendations of the department or the
10 agency concerning the existence of probable cause. At any time
11 after legal sufficiency is found, the department or the agency
12 may dismiss any case, or any part thereof, if the department
13 or the agency determines that there is insufficient evidence
14 to support the prosecution of allegations contained therein.
15 The department or the agency shall provide a detailed report
16 to the appropriate probable cause panel prior to dismissal of
17 any case or part thereof, and to the subject of the complaint
18 after dismissal of any case or part thereof, under this
19 section. For cases dismissed prior to a finding of probable
20 cause, such report is confidential and exempt from s.
21 119.07(1). The probable cause panel shall have access, upon
22 request, to the investigative files pertaining to a case prior
23 to dismissal of such case. If the department or the agency
24 dismisses a case, the probable cause panel may retain
25 independent legal counsel, employ investigators, and continue
26 the investigation and prosecution of the case as it deems
27 necessary.
28 (4) The determination as to whether probable cause
29 exists shall be made by majority vote of a probable cause
30 panel of the board, or by the department or the Agency for
31 Health Care Administration, as appropriate. Each regulatory
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1 board shall provide by rule that the determination of probable
2 cause shall be made by a panel of its members or by the
3 department or the agency. Each board may provide by rule for
4 multiple probable cause panels composed of at least two
5 members. Each board may provide by rule that one or more
6 members of the panel or panels may be a former board member.
7 The length of term or repetition of service of any such former
8 board member on a probable cause panel may vary according to
9 the direction of the board when authorized by board rule. Any
10 probable cause panel must include one of the board's former or
11 present consumer members, if one is available, willing to
12 serve, and is authorized to do so by the board chairman. Any
13 probable cause panel must include a present board member. Any
14 probable cause panel must include a former or present
15 professional board member. However, any former professional
16 board member serving on the probable cause panel must hold an
17 active valid license for that profession. All proceedings of
18 the panel are exempt from s. 286.011 until 10 days after
19 probable cause has been found to exist by the panel or until
20 the subject of the investigation waives his privilege of
21 confidentiality. The probable cause panel may make a
22 reasonable request, and upon such request the department or
23 the agency shall provide such additional investigative
24 information as is necessary to the determination of probable
25 cause. A request for additional investigative information
26 shall be made within 15 days from the date of receipt by the
27 probable cause panel of the investigative report of the
28 department or the agency. The probable cause panel or the
29 department or the agency, as may be appropriate, shall make
30 its determination of probable cause within 30 days after
31 receipt by it of the final investigative report of the
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1 department or the agency. The secretary may grant extensions
2 of the 15-day and the 30-day time limits. If the probable
3 cause panel does not find probable cause within the 30-day
4 time limit, as may be extended, or if the probable cause panel
5 finds no probable cause, the department or the agency may
6 determine, within 10 days after the panel fails to determine
7 probable cause or 10 days after the time limit has elapsed,
8 that probable cause exists. In lieu of a finding of probable
9 cause, the probable cause panel, or the department or the
10 agency when there is no board, may issue a letter of guidance
11 to the subject. If within the 30-day time limit, as may be
12 extended, the probable cause panel does not make a
13 determination regarding the existence of probable cause or
14 does not issue a letter of guidance in lieu of a finding of
15 probable cause, the agency, for disciplinary cases under its
16 jurisdiction, must make a determination regarding the
17 existence of probable cause within 10 days after the
18 expiration of the time limit. If the probable cause panel
19 finds that probable cause exists, it shall direct the
20 department or the agency to file a formal complaint against
21 the licensee. The department or the agency shall follow the
22 directions of the probable cause panel regarding the filing of
23 a formal complaint. If directed to do so, the department or
24 the agency shall file a formal complaint against the subject
25 of the investigation and prosecute that complaint pursuant to
26 chapter 120. However, the department or the agency may decide
27 not to prosecute the complaint if it finds that probable cause
28 had been improvidently found by the panel. In such cases, the
29 department or the agency shall refer the matter to the board.
30 The board may then file a formal complaint and prosecute the
31 complaint pursuant to chapter 120. The department or the
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1 agency shall also refer to the board any investigation or
2 disciplinary proceeding not before the Division of
3 Administrative Hearings pursuant to chapter 120 or otherwise
4 completed by the department or the agency within 1 year after
5 the filing of a complaint. The agency, for disciplinary cases
6 under its jurisdiction, must establish a uniform reporting
7 system to quarterly refer to each board the status of any
8 investigation or disciplinary proceeding that is not before
9 the Division of Administrative Hearings or otherwise completed
10 by the department or agency within 1 year after the filing of
11 the complaint. Annually, the agency, for disciplinary cases
12 under its jurisdiction, if there is no board, or each board
13 must establish a plan to reduce or otherwise close any
14 investigation or disciplinary proceeding that is not before
15 the Division of Administrative Hearings or otherwise completed
16 by the agency within 1 year after the filing of the complaint.
17 A probable cause panel or a board may retain independent legal
18 counsel, employ investigators, and continue the investigation
19 as it deems necessary; all costs thereof shall be paid from
20 the Health Care Trust Fund or the Professional Regulation
21 Trust Fund, as appropriate. All proceedings of the probable
22 cause panel are exempt from s. 120.525.
23 (9)(a) The department or the Agency for Health Care
24 Administration, as appropriate, shall periodically notify the
25 person who filed the complaint of the status of the
26 investigation, whether probable cause has been found, and the
27 status of any civil action or administrative proceeding or
28 appeal.
29 (b) In any disciplinary case under the jurisdiction of
30 the Agency for Health Care Administration for which probable
31 cause has been found, the Agency for Health Care
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1 Administration shall provide to the person who filed the
2 complaint a copy of the administrative complaint, including:
3 1. A written explanation of how an administrative
4 complaint is resolved by the disciplinary process.
5 2. A written explanation of how and when the person
6 may participate in the disciplinary process.
7 3. A written notice of any hearing before the Division
8 of Administrative Hearings or the regulatory board at which
9 final agency action is taken.
10 (c) In any disciplinary case for which probable cause
11 is not found, the Agency for Health Care Administration shall
12 so inform the person who filed the complaint and notify that
13 person that he or she may, within 60 days, provide any
14 additional information to the probable cause panel which may
15 be relevant to the decision. In any administrative proceeding
16 under s. 120.57, the person who filed the disciplinary
17 complaint shall have the right to present oral or written
18 communication relating to the alleged disciplinary violations
19 or to the appropriate penalty.
20 Section 5. Present subsections (8) and (9) of section
21 455.2285, Florida Statutes, are redesignated as subsections
22 (9) and (10), respectively, and a new subsection (8) is added
23 to that section, to read:
24 455.2285 Annual report concerning finances,
25 administrative complaints, disciplinary actions, and
26 recommendations.--The department and the Agency for Health
27 Care Administration are each directed to prepare and submit a
28 report to the President of the Senate and Speaker of the House
29 of Representatives by November 1 of each year. In addition to
30 finances and any other information the Legislature may
31
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1 require, the report shall include statistics and relevant
2 information, profession by profession, detailing:
3 (8) A description of any effort by the agency, for any
4 disciplinary cases under its jurisdiction, to reduce or
5 otherwise close any investigation or disciplinary proceeding
6 not before the Division of Administrative Hearings under
7 chapter 120 or otherwise not completed within 1 year after the
8 initial filing of a complaint under this chapter.
9 Section 6. Section 457.102, Florida Statutes, is
10 amended to read:
11 457.102 Definitions.--As used in this chapter:
12 (1) "Acupuncture" means a form of primary health care,
13 based on traditional Chinese medical concepts, that employs
14 acupuncture diagnosis and treatment, as well as adjunctive
15 therapies and diagnostic techniques, for the promotion,
16 maintenance, and restoration of health and the prevention of
17 disease. Acupuncture shall include, but not be limited to, the
18 insertion of acupuncture needles and the application of
19 moxibustion to specific areas of the human body.
20 (2) "Acupuncturist" means any person licensed
21 certified as provided in this chapter to practice acupuncture
22 as a primary health care provider.
23 (3) "Board" means the Board of Acupuncture.
24 (4) "License Certificate" means the document of
25 authorization issued by the department for a person to engage
26 in the practice of acupuncture.
27 (5) "Department" means the Department of Health
28 Business and Professional Regulation.
29 Section 7. Subsection (1) of section 457.103, Florida
30 Statutes, is amended to read:
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1 457.103 Board of Acupuncture; membership; appointment
2 and terms.--
3 (1) The Board of Acupuncture is created within the
4 department and shall consist of five members, to be appointed
5 by the Governor and confirmed by the Senate. Three members of
6 the board must be licensed certified Florida acupuncturists.
7 Two members must be laypersons who are not and who have never
8 been acupuncturists or members of any closely related
9 profession. Members shall be appointed for 4-year terms or for
10 the remainder of the unexpired term of a vacancy.
11 Section 8. Section 457.105, Florida Statutes, is
12 amended to read:
13 457.105 Licensure Certification qualifications and
14 fees.--
15 (1) It is unlawful for any person to practice
16 acupuncture in this state unless such person has been licensed
17 certified by the board, is in a board-approved tutorial
18 program or course of study, or is otherwise exempted by this
19 chapter.
20 (2) A person may become licensed certified to practice
21 acupuncture if the person applies to the department and
22 applicant:
23 (a) Is 18 years of age or older and meets one of the
24 following criteria:
25 1. He is a citizen of the United States;
26 2. He is a permanent resident of the United States; or
27 3. He is a legal alien who has resided in the United
28 States for 6 months immediately prior to qualifying for
29 examination;
30 (b) Has completed 60 college credits from an
31 accredited postsecondary institution as a prerequisite to
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1 enrollment in an authorized 3-year course of study in
2 acupuncture, and has completed a 3-year course of study in
3 acupuncture, and effective July 31, 2001, a 4-year course of
4 study in acupuncture, which meets standards established by the
5 board by rule, which standards include successful completion
6 of academic courses in western anatomy, western physiology,
7 western pathology, and western biomedical terminology.
8 However, any person who enrolled in an authorized course of
9 study in acupuncture before August 1, 1997, must have
10 completed only the following:
11 1. a 2-year course of study which meets standards
12 established by the board by rule, which standards must shall
13 include, but are not limited to, successful completion of
14 academic courses in western anatomy, western physiology, and
15 western pathology;
16 2. A 2-year tutorial program which meets standards
17 established by the board by rule, which standards shall
18 include, but are not limited to, successful completion of
19 academic courses in western anatomy, western physiology, and
20 western pathology. Prior to entrance in a tutorial program, an
21 individual shall have been approved by the board, registered
22 with the department, and paid a registration fee not to exceed
23 $200 as set by rule of the board. Such tutorial program shall
24 be of a continuous nature for not less than 2 years under the
25 supervision of an acupuncturist certified under this chapter
26 and shall have commenced after October 1, 1986. A person
27 enrolled in a tutorial program approved by the board prior to
28 October 1, 1986, may complete that program to meet the
29 requirement for such training; or
30 3. At least 5 years of experience as an acupuncturist
31 pursuant to standards and criteria established by board rule;
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1 (c) Has successfully completed a board-approved
2 national certification process, is actively licensed in a
3 state that which has examination requirements that are
4 substantially equivalent to or more stringent than those of
5 this state, or passes an examination administered by the
6 department, which examination tests the applicant's competency
7 and knowledge of the practice of acupuncture. At the request
8 of any applicant, oriental nomenclature for the points shall
9 be used in the examination. The examination shall include a
10 practical examination of the knowledge and skills required to
11 practice acupuncture, covering diagnostic and treatment
12 techniques and procedures; and
13 (d) Pays the required fees set by the board by rule
14 not to exceed the following amounts:
15 1. Examination fee: $500 $1,000 plus the actual per
16 applicant cost to the department for purchase of the written
17 and practical portions of the examination from the National
18 Commission for the Certification of Acupuncturists or a
19 similar national organization approved by the board.
20 2. Application fee: $300 $750.
21 3. Reexamination fee: $500 $1,000 plus the actual per
22 applicant cost to the department for purchase of the written
23 and practical portions of the examination from the National
24 Commission for the Certification of Acupuncturists or a
25 similar national organization approved by the board.
26 4. Initial biennial licensure certification fee:
27 $400, if licensed in the first half of the biennium, and $200,
28 if licensed in the second half of the biennium $2,000.
29 Section 9. Section 457.107, Florida Statutes, is
30 amended to read:
31
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1 457.107 Renewal of licenses certificates; continuing
2 education.--
3 (1) The department shall renew a license certificate
4 upon receipt of the renewal application and the fee set by the
5 board by rule, not to exceed $700 $1,000.
6 (2) The department shall adopt rules establishing a
7 procedure for the biennial renewal of licenses certificates.
8 (3) The board shall by rule prescribe continuing
9 education requirements, not to exceed 30 hours biennially, as
10 a condition for renewal of a license certificate. The criteria
11 for such programs or courses shall be approved by the board.
12 In order to meet continuing education requirements, prior
13 approval by the board of such programs or courses is required.
14 All education programs that contribute to the advancement,
15 extension, or enhancement of professional skills and knowledge
16 related to the practice of acupuncture, whether conducted by a
17 nonprofit or profitmaking entity, are eligible for approval.
18 The board shall have the authority to set a fee, not to exceed
19 $100, for each continuing education provider or program
20 submitted for approval.
21 Section 10. Section 457.108, Florida Statutes, is
22 amended to read:
23 457.108 Inactive status; expiration; reactivation of
24 licenses certificates.--
25 (1) A license certificate that has become inactive may
26 be reactivated under this section upon application to the
27 department. The board shall prescribe by rule continuing
28 education requirements as a condition of reactivating a
29 license certificate. The continuing education requirements for
30 reactivating a license certificate must not exceed 10
31 classroom hours for each year the license certificate was
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1 inactive, in addition to completion of the number of hours
2 required for renewal on the date the license certificate
3 became inactive.
4 (2) The board shall adopt rules relating to
5 application procedures for inactive status, renewal of
6 inactive licenses certificates, and reactivation of licenses
7 certificates. The board shall prescribe by rule an application
8 fee for inactive status, a renewal fee for inactive status, a
9 delinquency fee, and a fee for the reactivation of a license
10 certificate. None of these fees may exceed the biennial
11 renewal fee established by the board for an active license
12 certificate.
13 (3) The department shall not reactivate a license
14 certificate unless the inactive or delinquent licensee
15 certificateholder has paid any applicable biennial renewal or
16 delinquency fee, or both, and a reactivation fee.
17 Section 11. Section 457.1085, Florida Statutes, is
18 amended to read:
19 457.1085 Infection control.--Prior to November 1,
20 1986, the board shall adopt rules relating to the prevention
21 of infection, the sterilization of needles and other equipment
22 or materials capable of transmitting possible infection, the
23 safe disposal of any potentially infectious materials, and
24 other requirements to protect the health, safety, and welfare
25 of the public. Beginning October 1, 1997, all acupuncture
26 needles that are to be used on a patient must be sterile and
27 disposable, and each needle may be used only once. Acupuncture
28 needles shall be thoroughly cleansed with an antiseptic
29 solution and hot water prior to sterilization by autoclave.
30 Presterilized, prewrapped, disposable needles may be used.
31
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1 Section 12. Section 457.109, Florida Statutes, is
2 amended to read:
3 457.109 Disciplinary actions; grounds; 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 (a) Attempting to obtain, obtaining, or renewing a
9 license certificate to practice acupuncture by bribery, by
10 fraudulent misrepresentations, or through an error of the
11 department.
12 (b) Having a license certificate to practice
13 acupuncture revoked, suspended, or otherwise acted against,
14 including the denial of licensure certification, by the
15 licensing authority of another state, territory, or country.
16 (c) Being convicted or found guilty, regardless of
17 adjudication, in any jurisdiction of a crime which directly
18 relates to the practice of acupuncture or to the ability to
19 practice acupuncture. Any plea of nolo contendere shall be
20 considered a conviction for purposes of this chapter.
21 (d) False, deceptive, or misleading advertising or
22 advertising which claims that acupuncture is useful in curing
23 any disease.
24 (e) Advertising, practicing, or attempting to practice
25 under a name other than one's own.
26 (f) Failing to report to the department any person who
27 the licensee certificateholder knows is in violation of this
28 chapter or of the rules of the department.
29 (g) Aiding, assisting, procuring, employing, or
30 advising any unlicensed uncertified person to practice
31
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1 acupuncture contrary to this chapter or to a rule of the
2 department.
3 (h) Failing to perform any statutory or legal
4 obligation placed upon a licensed certified acupuncturist.
5 (i) Making or filing a report which the licensee
6 certificateholder knows to be false, intentionally or
7 negligently failing to file a report or record required by
8 state or federal law, willfully impeding or obstructing such
9 filing or inducing another person to do so. Such reports or
10 records shall include only those which are signed in the
11 capacity as a licensed certified acupuncturist.
12 (j) Exercising influence within a
13 patient-acupuncturist relationship for purposes of engaging a
14 patient in sexual activity. A patient shall be presumed to be
15 incapable of giving free, full, and informed consent to sexual
16 activity with his acupuncturist.
17 (k) Making deceptive, untrue, or fraudulent
18 representations in the practice of acupuncture or employing a
19 trick or scheme in the practice of acupuncture when such
20 scheme or trick fails to conform to the generally prevailing
21 standards of treatment in the community.
22 (l) Soliciting patients, either personally or through
23 an agent, through the use of fraud, intimidation, undue
24 influence, or a form of overreaching or vexatious conduct. A
25 solicitation is any communication which directly or implicitly
26 requests an immediate oral response from the recipient.
27 (m) Failing to keep written medical records justifying
28 the course of treatment of the patient.
29 (n) Exercising influence on the patient to exploit the
30 patient for the financial gain of the licensee
31 certificateholder or of a third party.
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1 (o) Being unable to practice acupuncture with
2 reasonable skill and safety to patients by reason of illness
3 or use of alcohol, drugs, narcotics, chemicals, or any other
4 type of material or as a result of any mental or physical
5 condition. In enforcing this paragraph, upon a finding of the
6 secretary or his designee that probable cause exists to
7 believe that the licensee certificateholder is unable to serve
8 as an acupuncturist due to the reasons stated in this
9 paragraph, the department shall have the authority to issue an
10 order to compel the licensee certificateholder to submit to a
11 mental or physical examination by a physician designated by
12 the department. If the licensee certificateholder refuses to
13 comply with such order, the department's order directing such
14 examination may be enforced by filing a petition for
15 enforcement in the circuit court where the licensee
16 certificateholder resides or serves as an acupuncturist. The
17 licensee certificateholder against whom the petition is filed
18 shall not be named or identified by initials in any public
19 court record or document, and the proceedings shall be closed
20 to the public. The department shall be entitled to the summary
21 procedure provided in s. 51.011. An acupuncturist affected
22 under this paragraph shall at reasonable intervals be afforded
23 an opportunity to demonstrate that he can resume the competent
24 practice of acupuncture with reasonable skill and safety to
25 patients. In any proceeding under this paragraph, neither the
26 record of proceedings nor the orders entered by the department
27 shall be used against an acupuncturist in any other
28 proceeding.
29 (p) Gross or repeated malpractice or the failure to
30 practice acupuncture with that level of care, skill, and
31 treatment which is recognized by a reasonably prudent similar
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1 acupuncturist as being acceptable under similar conditions and
2 circumstances.
3 (q) Practicing or offering to practice beyond the
4 scope permitted by law or accepting and performing
5 professional responsibilities which the licensee
6 certificateholder knows or has reason to know that he is not
7 competent to perform.
8 (r) Delegating professional responsibilities to a
9 person when the licensee certificateholder delegating such
10 responsibilities knows or has reason to know that such person
11 is not qualified by training, experience, or licensure
12 certification to perform them.
13 (s) Violating any provision of this chapter, a rule of
14 the department, or a lawful order of the department previously
15 entered in a disciplinary hearing or failing to comply with a
16 lawfully issued subpoena of the department.
17 (t) Conspiring with another to commit an act, or
18 committing an act, which would tend to coerce, intimidate, or
19 preclude another licensee certificateholder from lawfully
20 advertising his services.
21 (u) Fraud or deceit or gross negligence, incompetence,
22 or misconduct in the operation of a tutorial program or a
23 course of study.
24 (v) Failing to comply with state, county, or municipal
25 regulations or reporting requirements relating to public
26 health and the control of contagious and infectious diseases.
27 (w) Failing to comply with any rule of the board
28 relating to health and safety, including, but not limited to,
29 the sterilization of needles and equipment and the disposal of
30 potentially infectious materials.
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1 (2) When the board finds any person guilty of any of
2 the acts set forth in subsection (1), it may enter an order
3 imposing one or more of the following penalties:
4 (a) Refusal to certify to the department an
5 application for licensure.
6 (b) Revocation or suspension of a license certificate.
7 (c) Restriction of practice.
8 (d) Imposition of an administrative fine not to exceed
9 $1,000 for each count or separate offense.
10 (e) Issuance of a reprimand.
11 (f) Placement of the acupuncturist on probation for a
12 period of time and subject to such conditions as the board may
13 specify.
14 (3) The department shall not reinstate the license
15 certificate of an acupuncturist, or cause a license
16 certificate to be issued to a person it has deemed to be
17 unqualified, until such time as the board is satisfied that he
18 has complied with all the terms and conditions set forth in
19 the final order and that he is capable of safely engaging in
20 the practice of acupuncture.
21 Section 13. Section 457.116, Florida Statutes, is
22 amended to read:
23 457.116 Prohibited acts; penalty.--
24 (1) It is unlawful for any person to:
25 (a) Hold himself out as a certified or licensed
26 acupuncturist unless licensed under this chapter certified as
27 provided herein.
28 (b) Practice acupuncture or attempt to practice
29 acupuncture without an active license certificate or as
30 otherwise permitted by board rule established under the
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1 authority of s. 457.105(2)(b) or as otherwise provided by this
2 chapter.
3 (c) Obtain or attempt to obtain or obtain a license
4 certificate to practice acupuncture by fraudulent
5 misrepresentation.
6 (d) Permit an employed person to engage in the
7 practice of acupuncture unless such person holds an active
8 license certificate as an acupuncturist, except as otherwise
9 provided by this chapter.
10 (2) Any person who violates any provision of this
11 section commits is guilty of a misdemeanor of the second
12 degree, punishable as provided in s. 775.082 or s. 775.083.
13 Section 14. Subsection (2) of section 458.303, Florida
14 Statutes, is amended to read:
15 458.303 Provisions not applicable to other
16 practitioners; exceptions, etc.--
17 (2) Nothing in s. 458.301, s. 458.303, s. 458.305, s.
18 458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.
19 458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
20 458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347
21 shall be construed to prohibit any service rendered by a
22 physician's trained assistant, a registered nurse, or a
23 licensed practical nurse, if such service is rendered under
24 the direct supervision and control of a licensed physician who
25 provides specific direction for any service to be performed
26 and gives final approval to all services performed. Further,
27 nothing in this or any other chapter shall be construed to
28 prohibit any service rendered by a medical assistant
29 physician's trained assistant in accordance with the
30 provisions of s. 458.3485 this subsection.
31
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1 Section 15. Subsection (2) of section 458.305, Florida
2 Statutes, is amended to read:
3 458.305 Definitions.--As used in this chapter:
4 (2) "Department" means the Department of Health
5 Business and Professional Regulation.
6 Section 16. Subsections (2) and (5) of section
7 458.307, Florida Statutes, are amended to read:
8 458.307 Board of Medicine.--
9 (2)(a) Twelve members of the board must be licensed
10 physicians in good standing in this state who are residents of
11 the state and who have been engaged in the active practice or
12 teaching of medicine for at least 4 years immediately
13 preceding their appointment. One of the physicians must be on
14 the full-time faculty of a medical school in this state, and
15 one of the physicians must be in private practice and on the
16 full-time staff of a statutory teaching hospital in this state
17 as defined in s. 408.07. At least one of the physicians must
18 be a graduate of a foreign medical school. The remaining
19 three members must be residents of the state who are not, and
20 never have been, licensed health care practitioners. One
21 member must be a hospital risk manager certified under part IX
22 of chapter 626. At least one member of the board must be 60
23 years of age or older.
24 (b) The board shall establish at least one, but not
25 more than two, probable cause panels to meet the
26 responsibilities set out in s. 455.225(4). Each probable cause
27 panel shall be composed of three members, one of whom shall be
28 a lay member. One physician member may, if provided for in
29 administrative rule, be a past board member who is not
30 currently appointed to the board.
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1 (5) During the time members are appointed to a
2 probable cause panel, they shall attempt to complete their
3 work on every case presented to them. In the event that
4 consideration of a case is begun but not completed during the
5 term of those members on the panel, they may reconvene as a
6 probable cause panel, in addition to the panels established
7 under paragraph (2)(b), for the purpose of completing their
8 deliberations on that case.
9 Section 17. Section 455.206, Florida Statutes, is
10 amended to read:
11 455.206 Board members.--Notwithstanding any provision
12 of law to the contrary, any person who otherwise meets the
13 requirements of law for board membership and who is connected
14 in any way with any medical college, dental college, or
15 community college may be appointed to any board so long as
16 that connection does not result in a relationship wherein such
17 college represents the person's principal source of income.
18 However, this section shall not apply to the physicians
19 required by s. 458.307(2)(a) to be on the faculty of a medical
20 school in this state or on the full-time staff of a teaching
21 hospital in this state.
22 Section 18. Paragraph (f) of subsection (1) and
23 subsection (2) of section 458.311, Florida Statutes, 1996
24 Supplement, are amended, and subsection (10) is added to said
25 section, to read:
26 458.311 Licensure by examination; requirements;
27 fees.--
28 (1) Any person desiring to be licensed as a physician
29 shall apply to the department to take the licensure
30 examination. The department shall examine each applicant whom
31 the board certifies:
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1 (f) Meets one of the following medical education and
2 postgraduate training requirements:
3 1.a. Is a graduate of an allopathic medical school or
4 allopathic college recognized and approved by an accrediting
5 agency recognized by the United States Office of Education or
6 is a graduate of an allopathic medical school or allopathic
7 college within a territorial jurisdiction of the United States
8 recognized by the accrediting agency of the governmental body
9 of that jurisdiction;
10 b. If the language of instruction of the medical
11 school is other than English, has demonstrated competency in
12 English through presentation of a satisfactory grade on the
13 Test of Spoken English of the Educational Testing Service or a
14 similar test approved by rule of the board; and
15 c. Has completed an approved residency of at least 1
16 year.
17 2.a. Is a graduate of a foreign medical school
18 registered with the World Health Organization and certified
19 pursuant to s. 458.314 as having met the standards required to
20 accredit medical schools in the United States or reasonably
21 comparable standards;
22 b. If the language of instruction of the foreign
23 medical school is other than English, has demonstrated
24 competency in English through presentation of the Educational
25 Commission for on Foreign Medical Graduates English
26 proficiency certificate or by a satisfactory grade on the Test
27 of Spoken English of the Educational Testing Service or a
28 similar test approved by rule of the board; and
29 c. Has completed an approved residency of at least 1
30 year.
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1 3.a. Is a graduate of a foreign medical school which
2 has not been certified pursuant to s. 458.314;
3 b. Has had his medical credentials evaluated by the
4 Educational Education Commission for on Foreign Medical
5 Graduates, holds an active, valid certificate issued by that
6 commission, and has passed the examination utilized by that
7 commission; and
8 c. Has completed an approved residency of at least 1
9 year; however, after October 1, 1992, the applicant shall have
10 completed an approved residency or fellowship of at least 2 3
11 years in one specialty area. However, to be acceptable, the
12 fellowship experience and training must be counted toward
13 regular or subspecialty certification by a board recognized
14 and certified by the American Board of Medical Specialties.
15 (2) As prescribed by board rule, the board may require
16 an applicant who does not pass the licensing examination after
17 five attempts to complete additional remedial education or
18 training. The board shall prescribe the additional
19 requirements in a manner that permits the applicant to
20 complete the requirements and be reexamined within 2 years
21 after the date the applicant petitions the board to retake the
22 examination a sixth or subsequent time. Every applicant who
23 is otherwise qualified may take the licensing examination five
24 times after October 1, 1986, notwithstanding the number of
25 times the examination has been previously failed. If an
26 applicant fails the examination taken after October 1, 1986,
27 five times, he shall no longer be eligible for licensure.
28 (10) Notwithstanding any other provision of this
29 section, the department shall examine any person who meets the
30 criteria set forth in sub-subparagraph (1)(f)1.a.,
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1 sub-subparagraphs (1)(f)3.a. and b., or subsection (3), if the
2 person:
3 (a) Submits proof of successful completion of Steps I
4 and II of the United States Medical Licensing Examination or
5 the equivalent, as defined by rule of the board;
6 (b) Is participating in an allocated slot in an
7 allopathic training program in this state on a full-time basis
8 at the time of examination;
9 (c) Makes a written request to the department that he
10 or she be administered the examination without applying for a
11 license as a physician in this state; and
12 (d) Remits a nonrefundable administration fee not to
13 exceed $50 and an examination fee not to exceed $300 plus the
14 actual cost per person to the department for the purchase of
15 the examination from the Federation of State Medical Boards of
16 the United States or a similar national organization. The
17 examination fee is refundable if the person is found to be
18 ineligible to take the examination.
19 Section 19. Section 458.313, Florida Statutes, 1996
20 Supplement, is amended to read:
21 458.313 Licensure by endorsement; requirements;
22 fees.--
23 (1) The department shall issue a license by
24 endorsement to any applicant who, upon applying to the
25 department and remitting a fee not to exceed $500 set by the
26 board, demonstrates to the board certifies that he:
27 (a) Has met the qualifications for licensure in s.
28 458.311(1)(b)-(f);
29 (b) Has obtained a passing score, as established by
30 rule of the board, on the licensure examination of the
31 Federation of State Medical Boards of the United States, Inc.
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1 (FLEX), or of the United States Medical Licensing Examination
2 (USMLE), or the examination of the National Board of Medical
3 Examiners, or on a combination thereof, provided the board
4 certifies as eligible for licensure by endorsement any
5 applicant who took the required examinations more than 10
6 years prior to application that said examination or
7 combination of examinations required shall have been so taken
8 within the 10 years immediately preceding the filing of his
9 application for licensure under this section; and
10 (c) Has submitted Shows evidence of the active
11 licensed practice of medicine in another jurisdiction, for at
12 least 2 of the immediately preceding 4 years, or evidence of
13 successful completion of either board-approved postgraduate
14 training, or a board-approved clinical competency examination,
15 within the year preceding the filing of an application for
16 licensure. For purposes of this paragraph, "active licensed
17 practice of medicine" means that practice of medicine by
18 physicians, including those employed by any governmental
19 entity in community or public health, as defined by this
20 chapter, medical directors under s. 641.495(11) who are
21 practicing medicine, and those on the active teaching faculty
22 of an accredited medical school.
23 (2)(a) As prescribed by board rule, the board may
24 require an applicant who does not pass the licensing
25 examination after five attempts to complete additional
26 remedial education or training. The board shall prescribe the
27 additional requirements in a manner that permits the applicant
28 to complete the requirements and be reexamined within 2 years
29 after the date the applicant petitions the board to retake the
30 examination a sixth or subsequent time. The board may require
31 oral examinations of any applicant under the provisions of
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1 this section. However, the applicant must be given adequate
2 notice of the examination, both as to the time, place, nature,
3 and scope thereof, as well as a statement of the reasons
4 requiring such examination. Failure to successfully complete
5 an oral examination, if required by the board, shall result in
6 revocation of the license.
7 (b) The board may require an applicant for licensure
8 by endorsement to take and pass the appropriate licensure
9 examination prior to certifying the applicant as eligible for
10 licensure.
11 (3) The department and the board shall ensure assure
12 that applicants for licensure by endorsement meet applicable
13 criteria in this chapter through an investigative process.
14 When the investigative process is not completed within the
15 time set out in s. 120.60(1) and the department or board has
16 reason to believe that the applicant does not meet the
17 criteria, the secretary or his designee may issue a 90-day
18 licensure delay which shall be in writing and sufficient to
19 notify the applicant of the reason for the delay. The
20 provisions of this subsection shall control over any
21 conflicting provisions of s. 120.60(1).
22 (4) If the applicant has not actively practiced
23 medicine or been on the active teaching faculty of an
24 accredited medical school within the previous 4 years, the
25 board shall certify the applicant to the department for
26 licensure by endorsement subject to the condition that the
27 applicant work under the supervision of another physician for
28 a period, not to exceed 1 year, as determined by the board
29 based on its determination of the licensee's ability to
30 practice medicine. The supervising physician shall have had
31
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1 no probable cause findings against him within the previous 3
2 years.
3 (4)(5) The board may promulgate rules and regulations,
4 to be applied on a uniform and consistent basis, which may be
5 necessary to carry out the provisions of this section.
6 (5)(6) Upon certification by the board, the department
7 shall impose conditions, limitations, or restrictions on a
8 license by endorsement if the applicant is on probation in
9 another jurisdiction for an act which would constitute a
10 violation of this chapter.
11 (6)(7) The department shall not issue a license by
12 endorsement to any applicant who is under investigation in any
13 jurisdiction for an act or offense which would constitute a
14 violation of this chapter until such time as the investigation
15 is complete, at which time the provisions of s. 458.331 shall
16 apply. Furthermore, the department may not issue an
17 unrestricted license to any individual who has committed any
18 act or offense in any jurisdiction which would constitute the
19 basis for disciplining a physician pursuant to s. 458.331.
20 When the board finds that an individual has committed an act
21 or offense in any jurisdiction which would constitute the
22 basis for disciplining a physician pursuant to s. 458.331,
23 then the board may enter an order imposing one or more of the
24 terms set forth in subsection (7) (8).
25 (7)(8) When the board determines that any applicant
26 for licensure by endorsement has failed to meet, to the
27 board's satisfaction, each of the appropriate requirements set
28 forth in this section, it may enter an order requiring one or
29 more of the following terms:
30 (a) Refusal to certify to the department an
31 application for licensure, certification, or registration;
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1 (b) Certification to the department of an application
2 for licensure, certification, or registration with
3 restrictions on the scope of practice of the licensee; or
4 (c) Certification to the department of an application
5 for licensure, certification, or registration with placement
6 of the physician on probation for a period of time and subject
7 to such conditions as the board may specify, including, but
8 not limited to, requiring the physician to submit to
9 treatment, attend continuing education courses, submit to
10 reexamination, or work under the supervision of another
11 physician.
12 (8) The department shall reactivate the license of any
13 physician whose license has become void by failure to practice
14 in Florida for a period of 1 year within 3 years after
15 issuance of the license by endorsement, if the physician was
16 issued a license by endorsement prior to 1989, has actively
17 practiced medicine in another state for the last 4 years,
18 applies for licensure before October 1, 1998, pays the
19 applicable fees, and otherwise meets any continuing education
20 requirements for reactivation of the license as determined by
21 the board.
22 Section 20. Paragraphs (a) and (b) of subsection (1)
23 of section 458.317, Florida Statutes, are amended to read:
24 458.317 Limited licenses.--
25 (1)(a) Any person desiring to obtain a limited license
26 shall:
27 1. Submit to the board, with an application and fee
28 not to exceed $300, an affidavit stating that he has been
29 licensed to practice medicine in any jurisdiction in the
30 United States for at least 10 years and has retired or intends
31 to retire from the practice of medicine and intends to
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1 practice only pursuant to the restrictions of a limited
2 license granted pursuant to this section. However, a
3 physician who is not fully retired in all jurisdictions, may
4 use a limited license only for noncompensated practice. If
5 the person applying for a limited license submits a notarized
6 statement from the employing agency or institution stating
7 that he will not receive monetary compensation for any service
8 involving the practice of medicine, the application fee and
9 all licensure fees shall be waived. However, any person who
10 receives a waiver of fees for a limited license shall pay such
11 fees if the person receives compensation for the practice of
12 medicine.
13 2. Meet the requirements in s. 458.311(1)(b)-(f) and
14 (5). If the applicant graduated from medical school prior to
15 1946, the board or its appropriate committee may accept
16 military medical training or medical experience as a
17 substitute for the approved 1-year residency requirement in s.
18 458.311(1)(f).
19 (b) After approval of an application under this
20 section, no license shall be issued until the applicant
21 provides to the board an affidavit that the applicant has in
22 fact retired from the practice of medicine in this or any
23 other jurisdiction in which the applicant holds a license and
24 that there have been no substantial changes in status since
25 initial application.
26
27 Nothing herein limits in any way any policy by the board,
28 otherwise authorized by law, to grant licenses to physicians
29 duly licensed in other states under conditions less
30 restrictive than the requirements of this section.
31 Notwithstanding the other provisions of this section, the
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1 board may refuse to authorize a physician otherwise qualified
2 to practice in the employ of any agency or institution
3 otherwise qualified if the agency or institution has caused or
4 permitted violations of the provisions of this chapter which
5 it knew or should have known were occurring.
6 Section 21. Subsection (1) of section 458.319, Florida
7 Statutes, is amended to read:
8 458.319 Renewal of license.--
9 (1) The department shall renew a license upon receipt
10 of the renewal application, evidence that the applicant has
11 actively practiced medicine or has been on the active teaching
12 faculty of an accredited medical school for at least 2 years
13 of the immediately preceding within the previous 4 years, and
14 a fee not to exceed $500; provided, however, that if the
15 licensee is either a resident physician, assistant resident
16 physician, fellow, house physician, or intern in an approved
17 postgraduate training program, as defined by the board by
18 rule, the fee shall not exceed $100 per annum. If the
19 licensee has not actively practiced medicine for at least 2
20 years of the immediately preceding within the previous 4
21 years, the board shall require that the licensee successfully
22 complete a board-approved clinical competency examination
23 prior to renewal of the license. "Actively practiced medicine"
24 means that practice of medicine by physicians, including those
25 employed by any governmental entity in community or public
26 health, as defined by this chapter, including physicians
27 practicing administrative medicine.
28 Section 22. Paragraphs (a) and (g) of subsection (5)
29 of section 458.320, Florida Statutes, 1996 Supplement, are
30 amended to read:
31 458.320 Financial responsibility.--
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1 (5) The requirements of subsections (1), (2), and (3)
2 shall not apply to:
3 (a) Any person licensed under this chapter who
4 practices medicine exclusively as an officer, employee, or
5 agent of the Federal Government or of the state or its
6 agencies or its subdivisions. For the purposes of this
7 subsection, an agent of the state, its agencies, or its
8 subdivisions is a person who is eligible for coverage under
9 any self-insurance or insurance program authorized by the
10 provisions of s. 768.28(15)(14).
11 (g) Any person holding an active license under this
12 chapter who agrees to meet all of the following criteria:
13 1. Upon the entry of an adverse final judgment arising
14 from a medical malpractice arbitration award, from a claim of
15 medical malpractice either in contract or tort, or from
16 noncompliance with the terms of a settlement agreement arising
17 from a claim of medical malpractice either in contract or
18 tort, the licensee shall pay the judgment creditor the lesser
19 of the entire amount of the judgment with all accrued interest
20 or either $100,000, if the physician is licensed pursuant to
21 this chapter but does not maintain hospital staff privileges,
22 or $250,000, if the physician is licensed pursuant to this
23 chapter and maintains hospital staff privileges, within 60
24 days after the date such judgment became final and subject to
25 execution, unless otherwise mutually agreed to in writing by
26 the parties. Such adverse final judgment shall include any
27 cross-claim, counterclaim, or claim for indemnity or
28 contribution arising from the claim of medical malpractice.
29 Upon notification of the existence of an unsatisfied judgment
30 or payment pursuant to this subparagraph, the department shall
31 notify the licensee by certified mail that he shall be subject
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1 to disciplinary action unless, within 30 days from the date of
2 mailing, he either:
3 a. Shows proof that the unsatisfied judgment has been
4 paid in the amount specified in this subparagraph; or
5 b. Furnishes the department with a copy of a timely
6 filed notice of appeal and either:
7 (I) A copy of a supersedeas bond properly posted in
8 the amount required by law; or
9 (II) An order from a court of competent jurisdiction
10 staying execution on the final judgment pending disposition of
11 the appeal.
12 2. Upon the next meeting of the probable cause panel
13 of the board following 30 days after the date of mailing the
14 notice of disciplinary action to the licensee, the panel shall
15 make a determination of whether probable cause exists to take
16 disciplinary action against the licensee pursuant to
17 subparagraph 1.
18 3. If the board determines that the factual
19 requirements of subparagraph 1. are met, it shall take
20 disciplinary action as it deems appropriate against the
21 licensee. Such disciplinary action shall include, at a
22 minimum, probation of the license with the restriction that
23 the licensee must make payments to the judgment creditor on a
24 schedule determined by the board to be reasonable and within
25 the financial capability of the physician. Notwithstanding any
26 other disciplinary penalty imposed, the disciplinary penalty
27 may include suspension of the license for a period not to
28 exceed 5 years. In the event that an agreement to satisfy a
29 judgment has been met, the board shall remove any restriction
30 on the license.
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1 4. The licensee has completed a form supplying
2 necessary information as required by the department.
3
4 A licensee who meets the requirements of this paragraph shall
5 be required to either post notice in the form of a sign
6 prominently displayed in the reception area and clearly
7 noticeable by all patients and or provide a written statement
8 to any person to whom medical services are being provided. A
9 copy of the written statement shall be given to each patient
10 to sign, acknowledging receipt thereof, and the signed copy
11 shall be maintained in the patient's file. If the patient
12 refuses to sign or is unable to sign the written statement,
13 the licensee shall so note it on the form. Such sign and or
14 statement shall state that: "Under Florida law, physicians
15 are generally required to carry medical malpractice insurance
16 or otherwise demonstrate financial responsibility to cover
17 potential claims for medical malpractice. YOUR DOCTOR HAS
18 DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This is
19 permitted under Florida law subject to certain conditions.
20 Florida law imposes penalties against noninsured physicians
21 who fail to satisfy adverse judgments arising from claims of
22 medical malpractice. This notice is provided pursuant to
23 Florida law."
24 Section 23. Paragraphs (m), (cc), and (ii) of
25 subsection (1) of section 458.331, Florida Statutes, 1996
26 Supplement, are amended, and paragraph (ll) is added to said
27 subsection, to read:
28 458.331 Grounds for disciplinary action; action by the
29 board and department.--
30
31
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1 (1) The following acts shall constitute grounds for
2 which the disciplinary actions specified in subsection (2) may
3 be taken:
4 (m) Failing to keep legible, as defined by department
5 rule in consultation with the board, written medical records
6 that identify the licensed physician or the physician extender
7 and supervising physician by name and professional title who
8 is or are responsible for rendering, ordering, supervising, or
9 billing for each diagnostic or treatment procedure and that
10 justify justifying the course of treatment of the patient,
11 including, but not limited to, patient histories; examination
12 results; test results; records of drugs prescribed, dispensed,
13 or administered; and reports of consultations and
14 hospitalizations.
15 (cc) Prescribing, ordering, dispensing, administering,
16 supplying, selling, or giving any drug which is a Schedule II
17 amphetamine or a Schedule II sympathomimetic amine drug or any
18 compound thereof, pursuant to chapter 893, to or for any
19 person except for:
20 1. The treatment of narcolepsy; hyperkinesis;
21 behavioral syndrome in children characterized by the
22 developmentally inappropriate symptoms of moderate to severe
23 distractability, short attention span, hyperactivity,
24 emotional lability, and impulsivity; or drug-induced brain
25 dysfunction;
26 2. The differential diagnostic psychiatric evaluation
27 of depression or the treatment of depression shown to be
28 refractory to other therapeutic modalities; or
29 3. The clinical investigation of the effects of such
30 drugs or compounds when an investigative protocol therefor is
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1 submitted to, reviewed, and approved by the board before such
2 investigation is begun.
3 (ii) Failing to report to the department Division of
4 Medical Quality Assurance any licensee physician licensed
5 under this chapter or osteopathic physician licensed under
6 chapter 459 who the physician or physician assistant knows has
7 violated the grounds for disciplinary action set out in the
8 law under which that person physician or osteopathic physician
9 is licensed and who provides health care services in a
10 facility licensed under chapter 395, or a health maintenance
11 organization certificated under part I of chapter 641, in
12 which the physician or physician assistant also provides
13 services.
14 (ll) Advertising or holding oneself out as a
15 board-certified specialist, if not qualified under s.
16 458.3312, in violation of this chapter.
17 Section 24. Section 458.3312, Florida Statutes, is
18 created to read:
19 458.3312 Specialties.--A physician licensed under this
20 chapter may not hold himself or herself out as a
21 board-certified specialist unless the physician has received
22 formal recognition as a specialist from a specialty board of
23 the American Board of Medical Specialties or other recognizing
24 agency approved by the board. However, a physician may
25 indicate the services offered and may state that his or her
26 practice is limited to one or more types of services when this
27 accurately reflects the scope of practice of the physician.
28 Section 25. Section 458.345, Florida Statutes, is
29 amended to read:
30
31
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1 458.345 Registration of resident physicians, interns,
2 and fellows; list of hospital employees; prescribing of
3 medicinal drugs; penalty.--
4 (1) Any person desiring to practice as a resident
5 physician, assistant resident physician, house physician,
6 intern, or fellow in fellowship training which leads to
7 subspecialty board certification in this state who does not
8 hold a valid, active license issued under this chapter shall
9 apply to the department to be registered and shall remit a fee
10 not to exceed $300 as set by the board. The department shall
11 register any applicant the board certifies has met the
12 following requirements:
13 (a) Is at least 21 years of age.
14 (b) Has not committed any act or offense within or
15 without the state which would constitute the basis for refusal
16 to certify an application for licensure pursuant to s.
17 458.331.
18 (c) Is a graduate of a medical school or college as
19 specified in s. 458.311(1)(f).
20 (2) The board shall not certify to the department for
21 registration any applicant who is under investigation in any
22 state or jurisdiction for an act which would constitute the
23 basis for imposing a disciplinary penalty specified in s.
24 458.331(2)(b) until such time as the investigation is
25 completed, at which time the provisions of s. 458.331 shall
26 apply.
27 (3) Every hospital employing or utilizing the services
28 of a resident physician, assistant resident physician, house
29 physician, intern, or fellow in fellowship training which
30 leads to subspecialty board certification shall designate a
31 person who shall, on January 1 and July 1 of each year,
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1 furnish the department with a list of the hospital's its
2 employees and such other information as the board may direct.
3 The chief executive officer of each such hospital shall
4 provide the executive director of the board with the name,
5 title, and address of the person responsible for furnishing
6 such reports.
7 (4) Registration under this section shall
8 automatically expire after 2 years without further action by
9 the board or the department unless an application for renewal
10 is approved by the board. No person registered under this
11 section may be employed or utilized as a house physician or
12 act as a resident physician, an assistant resident physician,
13 an intern, or a fellow in fellowship training which leads to a
14 subspecialty board certification in a hospital of this state
15 for more than 2 years without a valid, active license or
16 renewal of registration under this section. Requirements for
17 renewal of registration shall be established by rule of the
18 board. An application fee not to exceed $300 as set by the
19 board shall accompany the application for renewal, except that
20 resident physicians, assistant resident physicians, interns,
21 and fellows in fellowship training which leads to subspecialty
22 board certification shall be exempt from payment of any
23 renewal fees.
24 (5) Notwithstanding any provision of this section or
25 s. 120.52 to the contrary, any person who is registered under
26 this section is subject to the provisions of s. 458.331.
27 (6) A person registered as a resident physician under
28 this section may in the normal course of his or her employment
29 prescribe medicinal drugs described in schedules set out in
30 chapter 893 when:
31
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1 (a) The person prescribes such medicinal drugs through
2 use of a Drug Enforcement Administration number issued to the
3 hospital by which the person is employed or at which the
4 person's services are used;
5 (b) The person is identified by a discrete suffix to
6 the identification number issued to the hospital; and
7 (c) The use of the institutional identification number
8 and individual suffixes conforms to the requirements of the
9 federal Drug Enforcement Administration.
10 (7)(5) Any person willfully violating this section
11 commits a misdemeanor of the first degree, punishable as
12 provided in s. 775.082 or s. 775.083.
13 Section 26. Subsection (2) of section 458.346, Florida
14 Statutes, is amended to read:
15 458.346 Public Sector Physician Advisory Committee.--
16 (2) PUBLIC SECTOR PHYSICIAN ADVISORY COMMITTEE.--There
17 is hereby created a Public Sector Physician Advisory Committee
18 which shall be comprised of three physicians. One physician
19 shall be appointed by the chair chairman of the Board of
20 Medicine. The two remaining physicians shall be appointed by
21 the secretary of the department from recommendations of the
22 appropriate organization, if any, representing such physicians
23 for the purpose of collective bargaining. The chair chairman
24 of the committee shall be one of the two public sector
25 physicians who shall be elected by majority vote of the
26 committee members. Members of the committee shall serve
27 3-year terms and shall meet at least once each year or upon
28 the call of the committee chair on a quarterly basis. The
29 initial term for one public sector physician shall be for 2
30 years, and the other for 3 years. Members of the committee
31
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1 are subject to reappointment. Committee members shall receive
2 reimbursement for per diem and travel expenses.
3 Section 27. Section 458.347, Florida Statutes, 1996
4 Supplement, is amended to read:
5 458.347 Physician assistants.--
6 (1) LEGISLATIVE INTENT.--
7 (a) The purpose of this section is to encourage more
8 effective utilization of the skills of physicians or groups of
9 physicians by enabling them to delegate health care tasks to
10 qualified assistants when such delegation is consistent with
11 the patient's health and welfare.
12 (b) In order that maximum skills may be obtained
13 within a minimum time period of education, a physician
14 assistant shall be specialized to the extent that he can
15 operate efficiently and effectively in the specialty areas in
16 which he has been trained or is experienced.
17 (c) The purpose of this section is to encourage the
18 utilization of physician assistants by physicians and to allow
19 for innovative development of programs for the education of
20 physician assistants.
21 (2) DEFINITIONS.--As used in this section:
22 (a) "Agency" means the Agency for Health Care
23 Administration.
24 (a)(b) "Approved program" means a program, formally
25 approved by the boards, for the education of physician
26 assistants.
27 (b)(c) "Boards" means the Board of Medicine and the
28 Board of Osteopathic Medicine.
29 (c)(d) "Council" means the Council on Physician
30 Assistants.
31
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1 (d)(e) "Trainee" means a person who is currently
2 enrolled in an approved program.
3 (e)(f) "Physician assistant" means a person who is a
4 graduate of an approved program or its equivalent or meets
5 standards approved by the boards and is certified to perform
6 medical services delegated by the supervising physician.
7 (f)(g) "Supervision" means responsible supervision and
8 control. Except in cases of emergency, supervision requires
9 the easy availability or physical presence of the licensed
10 physician for consultation and direction of the actions of the
11 physician assistant. For the purposes of this definition, the
12 term "easy availability" includes the ability to communicate
13 by way of telecommunication. The boards shall establish rules
14 as to what constitutes responsible supervision of the
15 physician assistant.
16 (g)(h) "Proficiency examination" means an entry-level
17 examination approved by the boards, including, but not limited
18 to, those examinations administered by the National Commission
19 on Certification of Physician Assistants.
20 (h)(i) "Continuing medical education" means courses
21 recognized and approved by the boards, the American Academy of
22 Physician Assistants, the American Medical Association, the
23 American Osteopathic Association, or the Accreditation Council
24 on Continuing Medical Education.
25 (3) PERFORMANCE OF SUPERVISING PHYSICIAN.--Each
26 physician or group of physicians supervising a certified
27 physician assistant must be qualified in the medical areas in
28 which the physician assistant is to perform and shall be
29 individually or collectively responsible and liable for the
30 performance and the acts and omissions of the physician
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1 assistant. A physician may not supervise more than four
2 currently certified physician assistants at any one time.
3 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
4 (a) The boards shall adopt, by rule, the general
5 principles that supervising physicians must use in developing
6 the scope of practice of a physician assistant under direct
7 supervision and under indirect supervision. These principles
8 shall recognize the diversity of both specialty and practice
9 settings in which physician assistants are used.
10 (b) This chapter does not prevent third-party payors
11 from reimbursing employers of physician assistants for covered
12 services rendered by certified physician assistants.
13 (c) Certified physician assistants may not be denied
14 clinical hospital privileges, except for cause, so long as the
15 supervising physician is a staff member in good standing.
16 (d) A supervisory physician may delegate to a
17 certified physician assistant, pursuant to a written protocol,
18 the authority to act according to s. 154.04(1)(c)(d). Such
19 delegated authority is limited to the supervising physician's
20 practice in connection with a county public health department
21 unit as defined and established pursuant to chapter 154. The
22 boards shall adopt rules governing the supervision of
23 physician assistants by physicians in county public health
24 departments units.
25 (e) A supervisory physician may delegate to a fully
26 certified physician assistant the authority to prescribe any
27 medication used in the supervisory physician's practice if
28 such medication is listed on the formulary created pursuant to
29 paragraph (f). A fully certified physician assistant may only
30 prescribe such medication under the following circumstances:
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1 1. A physician assistant must clearly identify to the
2 patient that he is a physician assistant. Furthermore, the
3 physician assistant must inform the patient that the patient
4 has the right to see the physician prior to any prescription
5 being prescribed by the physician assistant.
6 2. The supervisory physician must notify the
7 department agency of his intent to delegate, on a
8 department-approved an agency-approved form, before delegating
9 such authority and with each certification renewal application
10 filed by the physician assistant.
11 3. The physician assistant must file with the
12 department agency, before commencing to prescribe, evidence
13 that he has completed a continuing medical education course of
14 at least 3 classroom hours in prescriptive practice, conducted
15 by an accredited program approved by the boards, which course
16 covers the limitations, responsibilities, and privileges
17 involved in prescribing medicinal drugs, or evidence that he
18 has received education comparable to the continuing education
19 course as part of an accredited physician assistant training
20 program.
21 4. The physician assistant must file with the
22 department agency, before commencing to prescribe, evidence
23 that the physician assistant has a minimum of 3 months of
24 clinical experience in the specialty area of the supervising
25 physician.
26 5. The physician assistant must file with the
27 department agency a signed affidavit that he has completed a
28 minimum of 10 continuing medical education hours in the
29 specialty practice in which the physician assistant has
30 prescriptive privileges with each certification renewal
31 application.
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1 6. The department agency shall issue certification and
2 a prescriber number to the physician assistant granting
3 authority for the prescribing of medicinal drugs authorized
4 within this paragraph upon completion of the foregoing
5 requirements.
6 7. The prescription must be written in a form that
7 complies with chapter 499 and must contain, in addition to the
8 supervisory physician's name, address, and telephone number,
9 the physician assistant's prescriber number. The prescription
10 must be filled in a pharmacy permitted under chapter 465 and
11 must be dispensed in that pharmacy by a pharmacist licensed
12 under chapter 465. The appearance of the prescriber number
13 creates a presumption that the physician assistant is
14 authorized to prescribe the medicinal drug and the
15 prescription is valid.
16 8. The physician assistant must note the prescription
17 in the appropriate medical record, and the supervisory
18 physician must review and sign each notation. For dispensing
19 purposes only, the failure of the supervisory physician to
20 comply with these requirements does not affect the validity of
21 the prescription.
22 9. This paragraph does not prohibit a supervisory
23 physician from delegating to a physician assistant the
24 authority to order medication for a hospitalized patient of
25 the supervisory physician.
26
27 This paragraph does not apply to facilities licensed pursuant
28 to chapter 395.
29 (f)1. There is created a five-member committee
30 appointed by the Director of Health Care Administration. The
31 committee must be composed of one fully certified physician
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1 assistant certified pursuant to this section or s. 459.022
2 458.022, two physicians licensed pursuant to this chapter, one
3 of whom supervises a fully licensed physician assistant, one
4 osteopathic physician licensed pursuant to chapter 459, and
5 one pharmacist licensed pursuant to chapter 465 who is not
6 licensed pursuant to this chapter or chapter 459. The
7 committee shall establish a formulary of medicinal drugs for
8 which a fully certified physician assistant may prescribe.
9 The formulary may not include controlled substances as defined
10 in chapter 893, antineoplastics, antipsychotics,
11 radiopharmaceuticals, general anesthetics or radiographic
12 contrast materials, or any parenteral preparations except
13 insulin and epinephrine.
14 2. Only the committee shall add to, delete from, or
15 modify the formulary. Any person who requests an addition,
16 deletion, or modification of a medicinal drug listed on such
17 formulary has the burden of proof to show cause why such
18 addition, deletion, or modification should be made.
19 3. The boards shall adopt the formulary required by
20 this paragraph, and each addition, deletion, or modification
21 to the formulary, by rule. Notwithstanding any provision of
22 chapter 120 to the contrary, the formulary rule shall be
23 effective 60 days after the date it is filed with the
24 Secretary of State. Upon adoption of the formulary, the
25 department agency shall mail a copy of such formulary to each
26 fully certified physician assistant and to each pharmacy
27 licensed by the state. The boards shall establish, by rule, a
28 fee not to exceed $200 to fund the provisions of this
29 paragraph and paragraph (e).
30
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1 (5) PERFORMANCE BY TRAINEES.--Notwithstanding any
2 other law, a trainee may perform medical services when such
3 services are rendered within the scope of an approved program.
4 (6) PROGRAM APPROVAL.--
5 (a) The boards shall approve programs, based on
6 recommendations by the council, for the education and training
7 of physician assistants which meet standards established by
8 rule of the boards. The council may recommend only those
9 physician assistant programs that hold full accreditation or
10 provisional accreditation from the Commission on Accreditation
11 of Allied Health Programs or its successor organization. Any
12 educational institution offering a physician assistant program
13 approved by the boards pursuant to this paragraph may also
14 offer the physician assistant program authorized in paragraph
15 (c) for unlicensed physicians.
16 (b) The boards shall adopt and publish standards to
17 ensure that such programs operate in a manner that does not
18 endanger the health or welfare of the patients who receive
19 services within the scope of the programs. The boards shall
20 review the quality of the curricula, faculties, and facilities
21 of such programs and take whatever other action is necessary
22 to determine that the purposes of this section are being met.
23 (c) Any community college with the approval of the
24 State Board of Community Colleges may conduct a physician
25 assistant program which shall apply for national accreditation
26 through the American Medical Association's Committee on Allied
27 Health, Education, and Accreditation, or its successor
28 organization, and which may admit unlicensed physicians, as
29 authorized in subsection (7), who are graduates of foreign
30 medical schools listed with the World Health Organization.
31 The unlicensed physician must have been a resident of this
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1 state for a minimum of 12 months immediately prior to
2 admission to the program. An evaluation of knowledge base by
3 examination shall be required to grant advanced academic
4 credit and to fulfill the necessary requirements to graduate.
5 A minimum of one 16-week semester of supervised clinical and
6 didactic education, which may be completed simultaneously,
7 shall be required before graduation from the program. All
8 other provisions of this section shall remain in effect.
9 (7) PHYSICIAN ASSISTANT CERTIFICATION.--
10 (a) Any person desiring to be certified as a physician
11 assistant must apply to the department agency. The department
12 agency shall issue a certificate to any person certified by
13 the council as having met the following requirements:
14 1. Is at least 18 years of age.
15 2. Has satisfactorily passed a proficiency examination
16 by an acceptable score established by the National Commission
17 on Certification of Physician Assistants. If an applicant
18 does not hold a current certificate issued by the National
19 Commission on Certification of Physician Assistants and has
20 not actively practiced as a physician assistant within the
21 immediately preceding 4 years, the applicant must retake and
22 successfully complete the entry-level examination of the
23 National Commission on Certification of Physician Assistants
24 to be eligible for certification.
25 3. Has completed the application form and remitted an
26 application fee not to exceed $300 as set by the boards. An
27 application for certification made by a physician assistant
28 must include:
29 a. A certificate of completion of a physician
30 assistant training program specified in subsection (6).
31 b. A sworn statement of any prior felony convictions.
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1 c. A sworn statement of any previous revocation or
2 denial of licensure or certification in any state.
3 d. Two letters of recommendation.
4 (b)1. Notwithstanding subparagraph (a)2. and
5 sub-subparagraph (a)3.a., the department agency shall examine
6 each applicant who the Board of Medicine certifies:
7 a. Has completed the application form and remitted a
8 nonrefundable application fee not to exceed $500 and an
9 examination fee not to exceed $300, plus the actual cost to
10 the department agency to provide the examination. The
11 examination fee is refundable if the applicant is found to be
12 ineligible to take the examination. The department agency
13 shall translate the examination into the native language of
14 any applicant who requests and agrees to pay all costs of such
15 translation, provided the applicant demonstrates to the
16 department agency the ability to communicate orally in basic
17 English.
18 b. Is an unlicensed physician who graduated from a
19 foreign medical school listed with the World Health
20 Organization who has not previously taken and failed the
21 examination of the National Commission on Certification of
22 Physician Assistants and who has been certified by the Board
23 of Medicine as having met the requirements for licensure as a
24 medical doctor by examination as set forth in s. 458.311(1),
25 (3), (4), and (5), with the exception that the applicant is
26 not required to have completed an approved residency of at
27 least 1 year and the applicant is not required to have passed
28 the licensing examination specified under s. 458.311 or hold a
29 valid, active certificate issued by the Educational Commission
30 for Foreign Medical Graduates.
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1 c. Was eligible and made initial application for
2 certification as a physician assistant in this state between
3 July 1, 1990, and June 30, 1991.
4 d. Was a resident of this state on July 1, 1990, or
5 was licensed or certified in any state in the United States as
6 a physician assistant on July 1, 1990.
7 2. The department agency may grant temporary
8 certification to an applicant who meets the requirements of
9 subparagraph 1. Between meetings of the council, the
10 department agency may grant temporary certification to
11 practice based on the completion of all temporary
12 certification requirements. All such administratively issued
13 certifications shall be reviewed and acted on at the next
14 regular meeting of the council. A temporary certificate
15 expires upon receipt and notice of scores to the
16 certificateholder from the first available examination
17 specified in subparagraph 1. following certification by the
18 department agency. An applicant who fails the proficiency
19 examination is no longer temporarily certified, but may apply
20 for a one-time extension of temporary certification after
21 reapplying for the next available examination. Extended
22 certification shall expire upon failure of the
23 certificateholder to sit for the next available examination or
24 upon receipt and notice of scores to the certificateholder
25 from such examination.
26 3. Notwithstanding any other provision of law, the
27 examination specified pursuant to subparagraph 1. shall be
28 administered by the department agency only five times.
29 Applicants certified by the board for examination shall
30 receive at least 6 months' notice of eligibility prior to the
31 administration of the initial examination. Subsequent
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1 examinations shall be administered at intervals determined by
2 the department agency after the reporting of the scores of the
3 first examination. For the purposes of this paragraph, the
4 department agency may develop, contract for the development
5 of, purchase, or approve an examination, including a practical
6 component, that adequately measures an applicant's ability to
7 practice with reasonable skill and safety. The minimum
8 passing score on the examination shall be established by the
9 department agency, with the advice of the board. Those
10 applicants failing to pass that examination or any subsequent
11 examination shall receive notice of the administration of the
12 next examination with the notice of scores following such
13 examination. Any applicant who passes the examination and
14 meets the requirements of this section shall be certified as a
15 physician assistant with all rights defined thereby.
16 (c) The certification must be renewed biennially.
17 Each renewal must include:
18 1. A renewal fee not to exceed $500 as set by the
19 boards.
20 2. A sworn statement of no felony convictions in the
21 previous 2 years.
22 (d) Each certified physician assistant shall
23 biennially complete 100 hours of continuing medical education
24 or shall hold a current certificate issued by the National
25 Commission on Certification of Physician Assistants.
26 (e) Upon employment as a physician assistant, a
27 certified physician assistant must notify the department
28 agency in writing within 30 days after such employment or
29 after any subsequent changes in the supervising physician. The
30 notification must include the full name, Florida medical
31
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1 license number, specialty, and address of the supervising
2 physician.
3 (f) Notwithstanding subparagraph (a)2., the department
4 agency may grant to a recent graduate of an approved program,
5 as specified in subsection (6), temporary certification to
6 expire upon receipt of scores of the proficiency examination
7 administered by the National Commission on Certification of
8 Physician Assistants. Between meetings of the council, the
9 department agency may grant temporary certification to
10 practice based on the completion of all temporary
11 certification requirements. All such administratively issued
12 certifications shall be reviewed and acted on at the next
13 regular meeting of the council. The recent graduate may be
14 certified prior to employment, but must comply with paragraph
15 (e). An applicant who has passed the proficiency examination
16 may be granted permanent certification. An applicant failing
17 the proficiency examination is no longer temporarily
18 certified, but may reapply for a 1-year extension of temporary
19 certification. An applicant may not be granted more than two
20 temporary certificates and may not be certified as a physician
21 assistant until he passes the examination administered by the
22 National Commission on Certification of Physician Assistants.
23 As prescribed by board rule, the council may require an
24 applicant who does not pass the licensing examination after
25 five or more attempts to complete additional remedial
26 education or training. The council shall prescribe the
27 additional requirements in a manner that permits the applicant
28 to complete the requirements and be reexamined within 2 years
29 after the date the applicant petitions the council to retake
30 the examination a sixth or subsequent time.
31
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1 (g) The Board of Medicine may impose any of the
2 penalties specified in ss. 455.227 and 458.331(2) upon a
3 physician assistant if the physician assistant or the
4 supervising physician has been found guilty of or is being
5 investigated for any act that constitutes a violation of this
6 chapter or chapter 455.
7 (8) DELEGATION OF POWERS AND DUTIES.--The boards may
8 delegate such powers and duties to the council as they may
9 deem proper.
10 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
11 Physician Assistants is created within the department Agency
12 for Health Care Administration.
13 (a) The council shall consist of five members
14 appointed as follows:
15 1. The chairperson of the Board of Medicine shall
16 appoint three members who are physicians and members of the
17 Board of Medicine. One of the physicians must supervise a
18 physician assistant in the physician's practice.
19 2. The chairperson of the Board of Osteopathic
20 Medicine shall appoint one member who is a physician,
21 supervises a physician assistant in the physician's practice,
22 and is a member of the Board of Osteopathic Medicine.
23 3. The secretary of the department head of the agency
24 or his designee shall appoint a fully certified physician
25 assistant licensed under this chapter or chapter 459.
26 (b) Two of the members appointed to the council must
27 be physicians who supervise physician assistants in their
28 practice. Members shall be appointed to terms of 4 years,
29 except that of the initial appointments, two members shall be
30 appointed to terms of 2 years, two members shall be appointed
31 to terms of 3 years, and one member shall be appointed to a
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1 term of 4 years, as established by rule of the boards.
2 Council members may not serve more than two consecutive terms.
3 The council shall annually elect a chairperson from among its
4 members.
5 (c) The council shall:
6 1. Recommend to the department agency the
7 certification of physician assistants.
8 2. Develop all rules regulating the use of physician
9 assistants by physicians under this chapter and chapter 459,
10 except for rules relating to the formulary developed under
11 paragraph (4)(f). The council shall also develop rules to
12 ensure that the continuity of supervision is maintained in
13 each practice setting. The boards shall consider adopting a
14 proposed rule developed by the council at the regularly
15 scheduled meeting immediately following the submission of the
16 proposed rule by the council. A proposed rule submitted by
17 the council may not be adopted by either board unless both
18 boards have accepted and approved the identical language
19 contained in the proposed rule. The language of all proposed
20 rules submitted by the council must be approved by both boards
21 pursuant to each respective board's guidelines and standards
22 regarding the adoption of proposed rules. If either board
23 rejects the council's proposed rule, that board must specify
24 its objection to the council with particularity and include
25 any recommendations it may have for the modification of the
26 proposed rule.
27 3. Make recommendations to the boards regarding all
28 matters relating to physician assistants.
29 4. Address concerns and problems of practicing
30 physician assistants in order to improve safety in the
31 clinical practices of certified physician assistants.
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1 (10) INACTIVE AND DELINQUENT STATUS.--A certificate on
2 inactive or delinquent status may be reactivated only as
3 provided in s. 455.271.
4 (11) PENALTY.--Any person who has not been certified
5 by the council and approved by the department agency and who
6 holds himself out as a physician assistant or who uses any
7 other term in indicating or implying that he is a physician
8 assistant commits a felony of the third degree, punishable as
9 provided in s. 775.082 or s. 775.084 or by a fine not
10 exceeding $5,000.
11 (12) DENIAL, SUSPENSION, OR REVOCATION OF
12 CERTIFICATION.--The boards may deny, suspend, or revoke a
13 physician assistant certification if a board determines that
14 the physician assistant has violated this chapter.
15 (13) RULES.--The boards shall adopt rules to implement
16 this section, including rules detailing the contents of the
17 application for certification and notification pursuant to
18 subsection (7) and rules to ensure both the continued
19 competency of physician assistants and the proper utilization
20 of them by physicians or groups of physicians.
21 (14) EXISTING PROGRAMS.--This section does not
22 eliminate or supersede existing laws relating to other
23 paramedical professions or services and is supplemental to all
24 such existing laws relating to the certification and practice
25 of paramedical professions.
26 (15) LIABILITY.--Each supervising physician using a
27 physician assistant is liable for any acts or omissions of the
28 physician assistant acting under the physician's supervision
29 and control.
30
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1 (16) LEGAL SERVICES.--The Department of Legal Affairs
2 shall provide legal services to the council as authorized in
3 s. 455.221(1).
4 (17) FEES.--The department agency shall allocate the
5 fees collected under this section to the council.
6 Section 28. Subsections (1) and (2) of section
7 458.3485, Florida Statutes, are amended to read:
8 458.3485 Medical assistant.--
9 (1) DEFINITION.--As used in this section, "medical
10 assistant" means a professional multiskilled person dedicated
11 to assisting in all aspects of medical practice under the
12 direct supervision and responsibility of a physician. This
13 practitioner assists with patient care management, executes
14 administrative and clinical procedures, and often performs
15 managerial and supervisory functions. Competence in the field
16 also requires that a medical assistant adhere to ethical and
17 legal standards of professional practice, recognize and
18 respond to emergencies, and demonstrate professional
19 characteristics.
20 (2) DUTIES.--Under the direct supervision and
21 responsibility of a licensed physician, the duties of a
22 medical assistant may undertake the following duties are to:
23 (a) Performing Perform clinical procedures, to
24 include:
25 1. Performing aseptic procedures.
26 2. Taking vital signs.
27 3. Preparing patients for the physician's care.
28 4. Performing venipunctures and nonintravenous
29 injections.
30 5. Observing and reporting patients' signs or
31 symptoms.
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1 (b) Administering basic first aid.
2 (c) Assisting with patient examinations or treatments.
3 (d) Operating office medical equipment.
4 (e) Collecting routine laboratory specimens as
5 directed by the physician.
6 (f) Administering medication as directed by the
7 physician.
8 (g) Performing basic laboratory procedures.
9 (h) Performing office procedures including all general
10 administrative duties required by the physician.
11 (i) Performing Perform dialysis procedures, including
12 home dialysis.
13 Section 29. Subsection (2) of section 459.003, Florida
14 Statutes, is amended, and subsection (5) is added to said
15 section, to read:
16 459.003 Definitions.--As used in this chapter:
17 (2) "Department" means the Department of Health
18 Business and Professional Regulation.
19 (5) "Doctor of Osteopathy" and "Doctor of Osteopathic
20 Medicine," when referring to degrees, shall be construed to be
21 equivalent and equal degrees.
22 Section 30. Subsections (1) and (3) and paragraph (b)
23 of subsection (5) of section 459.021, Florida Statutes, are
24 amended, and subsections (8) and (9) are added to that
25 section, to read:
26 459.021 Registration of resident physicians, interns,
27 and fellows; list of hospital employees; penalty.--
28 (1) Any person who holds a degree of Doctor of
29 Osteopathic Medicine Osteopathy from a college of osteopathic
30 medicine recognized and approved by the American Osteopathic
31 Association who desires to practice as a resident physician,
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1 assistant resident physician, house physician, intern, or
2 fellow in fellowship training which leads to subspecialty
3 board certification in this state who does not hold an active
4 license issued under this chapter shall apply to the
5 department to be registered, on an application provided by the
6 department, within 30 days of commencing such a training
7 program and shall remit a fee not to exceed $300 as set by the
8 board.
9 (3) Every hospital having employed or contracted with
10 or utilized the services of a person who holds a degree of
11 Doctor of Osteopathic Medicine Osteopathy from a college of
12 osteopathic medicine recognized and approved by the American
13 Osteopathic Association as a resident physician, assistant
14 resident physician, house physician, intern, or fellow in
15 fellowship training which leads to subspecialty board
16 certification shall designate a person who shall furnish, in
17 January and July of each year, to the department a list of all
18 such persons who have served in the hospital during the
19 preceding 6-month period. The chief executive officer of each
20 such hospital shall provide the executive director of the
21 board with the name, title, and address of the person
22 responsible for filing such reports.
23 (5) It is a misdemeanor of the second degree,
24 punishable as provided in s. 775.082 or s. 775.083 for any
25 hospital, and also for the superintendent, administrator, and
26 other person or persons having administrative authority in a
27 hospital:
28 (b) To fail to furnish to the department the list and
29 information required by subsection (3).
30
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1 (8) Notwithstanding any provision of this section or
2 s. 120.52 to the contrary, any person who is registered under
3 this section is subject to the provisions of s. 459.015.
4 (9) A person registered as a resident physician under
5 this section may in the normal course of his or her employment
6 prescribe medicinal drugs described in schedules set out in
7 chapter 893 when:
8 (a) The person prescribes such medicinal drugs through
9 use of a Drug Enforcement Administration number issued to the
10 hospital by which the person is employed or at which the
11 person's services are used;
12 (b) The person is identified by a discrete suffix to
13 the identification number issued to the hospital; and
14 (c) The use of the institutional identification number
15 and individual suffixes conforms to the requirements of the
16 federal Drug Enforcement Administration.
17 Section 31. Subsection (1) of section 459.0075,
18 Florida Statutes, is amended to read:
19 459.0075 Limited licenses.--
20 (1) Any person desiring to obtain a limited license
21 shall:
22 (a) Submit to the board a licensure application and
23 fee required by this chapter. However, an osteopathic
24 physician who is not fully retired in all jurisdictions, may
25 use a limited license only for noncompensated practice.
26 However, If the person applying for a limited license submits
27 a notarized statement from the employing agency or institution
28 stating that he will not receive monetary compensation for any
29 service involving the practice of osteopathic medicine, the
30 application fee and all licensure fees shall be waived.
31 However, any person who receives a waiver of fees for a
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1 limited license shall pay such fees if the person receives
2 compensation for the practice of osteopathic medicine.
3 (b) Submit an affidavit that such osteopathic
4 physician has been licensed to practice osteopathic medicine
5 in any jurisdiction in the United States in good standing and
6 pursuant to law for at least 10 years and has now retired and
7 that he was in good standing at the time of his retirement.
8 (c) Complete an amount of continuing education
9 established by the board.
10 Section 32. Paragraphs (a) and (g) of subsection (5)
11 of section 459.0085, Florida Statutes, 1996 Supplement, are
12 amended to read:
13 459.0085 Financial responsibility.--
14 (5) The requirements of subsections (1), (2), and (3)
15 shall not apply to:
16 (a) Any person licensed under this chapter who
17 practices medicine exclusively as an officer, employee, or
18 agent of the Federal Government or of the state or its
19 agencies or its subdivisions. For the purposes of this
20 subsection, an agent of the state, its agencies, or its and
21 subdivisions is a person who is eligible for coverage under
22 any self-insurance or insurance program authorized by the
23 provisions of s. 768.28(15)(14).
24 (g) Any person holding an active license under this
25 chapter who agrees to meet all of the following criteria:
26 1. Upon the entry of an adverse final judgment arising
27 from a medical malpractice arbitration award, from a claim of
28 medical malpractice either in contract or tort, or from
29 noncompliance with the terms of a settlement agreement arising
30 from a claim of medical malpractice either in contract or
31 tort, the licensee shall pay the judgment creditor the lesser
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1 of the entire amount of the judgment with all accrued interest
2 or either $100,000, if the osteopathic physician is licensed
3 pursuant to this chapter but does not maintain hospital staff
4 privileges, or $250,000, if the osteopathic physician is
5 licensed pursuant to this chapter and maintains hospital staff
6 privileges, within 60 days after the date such judgment became
7 final and subject to execution, unless otherwise mutually
8 agreed to in writing by the parties. Such adverse final
9 judgment shall include any cross-claim, counterclaim, or claim
10 for indemnity or contribution arising from the claim of
11 medical malpractice. Upon notification of the existence of an
12 unsatisfied judgment or payment pursuant to this subparagraph,
13 the department shall notify the licensee by certified mail
14 that he shall be subject to disciplinary action unless, within
15 30 days from the date of mailing, he either:
16 a. Shows proof that the unsatisfied judgment has been
17 paid in the amount specified in this subparagraph; or
18 b. Furnishes the department with a copy of a timely
19 filed notice of appeal and either:
20 (I) A copy of a supersedeas bond properly posted in
21 the amount required by law; or
22 (II) An order from a court of competent jurisdiction
23 staying execution on the final judgment, pending disposition
24 of the appeal.
25 2. Upon the next meeting of the probable cause panel
26 of the board following 30 days after the date of mailing the
27 notice of disciplinary action to the licensee, the panel shall
28 make a determination of whether probable cause exists to take
29 disciplinary action against the licensee pursuant to
30 subparagraph 1.
31
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1 3. If the board determines that the factual
2 requirements of subparagraph 1. are met, it shall take
3 disciplinary action as it deems appropriate against the
4 licensee. Such disciplinary action shall include, at a
5 minimum, probation of the license with the restriction that
6 the licensee must make payments to the judgment creditor on a
7 schedule determined by the board to be reasonable and within
8 the financial capability of the osteopathic physician.
9 Notwithstanding any other disciplinary penalty imposed, the
10 disciplinary penalty may include suspension of the license for
11 a period not to exceed 5 years. In the event that an
12 agreement to satisfy a judgment has been met, the board shall
13 remove any restriction on the license.
14 4. The licensee has completed a form supplying
15 necessary information as required by the department.
16
17 A licensee who meets the requirements of this paragraph shall
18 be required to either post notice in the form of a sign
19 prominently displayed in the reception area and clearly
20 noticeable by all patients and or provide a written statement
21 to any person to whom medical services are being provided. A
22 copy of the written statement shall be given to each patient
23 to sign, acknowledging receipt thereof, and the signed copy
24 shall be maintained in the patient's file. If the patient
25 refuses to sign or is unable to sign the written statement,
26 the licensee shall so note it on the form. Such sign and or
27 statement shall state that: "Under Florida law, osteopathic
28 physicians are generally required to carry medical malpractice
29 insurance or otherwise demonstrate financial responsibility to
30 cover potential claims for medical malpractice. YOUR
31 OSTEOPATHIC PHYSICIAN HAS DECIDED NOT TO CARRY MEDICAL
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1 MALPRACTICE INSURANCE. This is permitted under Florida law
2 subject to certain conditions. Florida law imposes strict
3 penalties against noninsured osteopathic physicians who fail
4 to satisfy adverse judgments arising from claims of medical
5 malpractice. This notice is provided pursuant to Florida
6 law."
7 Section 33. Paragraphs (o), (gg), and (ll) of
8 subsection (1) of section 459.015, Florida Statutes, 1996
9 Supplement, are amended, and paragraph (nn) is added to said
10 subsection, to read:
11 459.015 Grounds for disciplinary action by the
12 board.--
13 (1) The following acts shall constitute grounds for
14 which the disciplinary actions specified in subsection (2) may
15 be taken:
16 (o) Failing to keep legible, as defined by department
17 rule in consultation with the board, written medical records
18 that identify the licensed osteopathic physician or the
19 osteopathic physician extender and supervising osteopathic
20 physician by name and professional title who is or are
21 responsible for rendering, ordering, supervising, or billing
22 for each diagnostic or treatment procedure and that justify
23 justifying the course of treatment of the patient, including,
24 but not limited to, patient histories; examination results;
25 test results; records of drugs prescribed, dispensed, or
26 administered; and reports of consultations and
27 hospitalizations.
28 (gg) Prescribing, ordering, dispensing, administering,
29 supplying, selling, or giving any drug which is a Schedule II
30 amphetamine or Schedule II sympathomimetic amine drug or any
31
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1 compound thereof, pursuant to chapter 893, to or for any
2 person except for:
3 1. The treatment of narcolepsy; hyperkinesis;
4 behavioral syndrome in children characterized by the
5 developmentally inappropriate symptoms of moderate to severe
6 distractability, short attention span, hyperactivity,
7 emotional lability, and impulsivity; or drug-induced brain
8 dysfunction;
9 2. The differential diagnostic psychiatric evaluation
10 of depression or the treatment of depression shown to be
11 refractory to other therapeutic modalities; or
12 3. The clinical investigation of the effects of such
13 drugs or compounds when an investigative protocol therefor is
14 submitted to, reviewed, and approved by the board before such
15 investigation is begun.
16 (ll) Failing to report to the department Division of
17 Medical Quality Assurance any licensee physician licensed
18 under chapter 458 or osteopathic physician licensed under this
19 chapter who the osteopathic physician or physician assistant
20 knows has violated the grounds for disciplinary action set out
21 in the law under which that person physician or osteopathic
22 physician is licensed and who provides health care services in
23 a facility licensed under chapter 395, or a health maintenance
24 organization certificated under part I of chapter 641, in
25 which the osteopathic physician or physician assistant also
26 provides services.
27 (nn) Advertising or holding oneself out as a
28 board-certified specialist in violation of this chapter.
29 Section 34. Section 459.0152, Florida Statutes, is
30 created to read:
31
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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 35. 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 36. Subsection (1) of section 240.4067,
13 Florida Statutes, is amended to read:
14 240.4067 Medical Education Reimbursement and Loan
15 Repayment Program.--
16 (1) To encourage qualified medical professionals to
17 practice in underserved locations where there are shortages of
18 such personnel, there is established the Medical Education
19 Reimbursement and Loan Repayment Program. The function of the
20 program is to make payments that offset loans and educational
21 expenses incurred by students for studies leading to a medical
22 or nursing degree, medical or nursing licensure, or advanced
23 registered nurse practitioner or physician's assistant
24 certification. The following licensed or certified health
25 care professionals are eligible to participate in this
26 program: medical doctors with primary care specialties,
27 doctors of osteopathic medicine osteopathy with primary care
28 specialties, physician's assistants, licensed practical nurses
29 and registered nurses, and advanced registered nurse
30 practitioners with primary care specialties such as certified
31 nurse midwives. Primary care medical specialties for
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1 physicians include obstetrics, gynecology, general and family
2 practice, internal medicine, pediatrics, and other specialties
3 which may be identified by the Department of Health and
4 Rehabilitative Services.
5 Section 37. Subsection (5) of section 390.011, Florida
6 Statutes, is amended to read:
7 390.011 Definitions.--As used in this act:
8 (5) "Physician" means a physician licensed under
9 chapter 458 or chapter 459 or a physician practicing medicine
10 or osteopathic medicine osteopathy in the employment of the
11 United States or this state.
12 Section 38. Subsection (1) of section 395.0191,
13 Florida Statutes, is amended to read:
14 395.0191 Staff membership and clinical privileges.--
15 (1) No licensed facility, in considering and acting
16 upon an application for staff membership or clinical
17 privileges, shall deny the application of a qualified doctor
18 of medicine licensed under chapter 458, a doctor of
19 osteopathic medicine osteopathy licensed under chapter 459, a
20 doctor of dentistry licensed under chapter 466, a doctor of
21 podiatry licensed under chapter 461, or a psychologist
22 licensed under chapter 490 for such staff membership or
23 clinical privileges within the scope of his or her respective
24 licensure solely because the applicant is licensed under any
25 of such chapters.
26 Section 39. Paragraph (g) of subsection (1) of section
27 408.035, Florida Statutes, is amended to read:
28 408.035 Review criteria.--
29 (1) The agency shall determine the reviewability of
30 applications and shall review applications for
31 certificate-of-need determinations for health care facilities
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1 and services, hospices, and health maintenance organizations
2 in context with the following criteria:
3 (g) The need for research and educational facilities,
4 including, but not limited to, institutional training programs
5 and community training programs for health care practitioners
6 and for doctors of osteopathic medicine osteopathy and
7 medicine at the student, internship, and residency training
8 levels.
9 Section 40. Subsection (9) of section 409.905, Florida
10 Statutes, 1996 Supplement, is amended to read:
11 409.905 Mandatory Medicaid services.--The agency may
12 make payments for the following services, which are required
13 of the state by Title XIX of the Social Security Act,
14 furnished by Medicaid providers to recipients who are
15 determined to be eligible on the dates on which the services
16 were provided. Any service under this section shall be
17 provided only when medically necessary and in accordance with
18 state and federal law. Nothing in this section shall be
19 construed to prevent or limit the agency from adjusting fees,
20 reimbursement rates, lengths of stay, number of visits, number
21 of services, or any other adjustments necessary to comply with
22 the availability of moneys and any limitations or directions
23 provided for in the General Appropriations Act or chapter 216.
24 (9) PHYSICIAN SERVICES.--The agency shall pay for
25 covered services and procedures rendered to a recipient by, or
26 under the personal supervision of, a person licensed under
27 state law to practice medicine or osteopathic medicine
28 osteopathy. These services may be furnished in the
29 physician's office, the Medicaid recipient's home, a hospital,
30 a nursing facility, or elsewhere, but shall be medically
31 necessary for the treatment of an injury, illness, or disease
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1 within the scope of the practice of medicine or osteopathic
2 medicine osteopathy as defined by state law. The agency shall
3 not pay for services that are clinically unproven,
4 experimental, or for purely cosmetic purposes.
5 Section 41. Subsection (33) of section 415.102,
6 Florida Statutes, is amended to read:
7 415.102 Definitions of terms used in ss.
8 415.101-415.113.--As used in ss. 415.101-415.113, the term:
9 (33) "Specified medical personnel" means licensed or
10 certified physicians, osteopathic physicians osteopaths,
11 nurses, paramedics, advanced registered nurse practitioners,
12 psychologists, psychiatrists, mental health professionals, or
13 any other licensed or certified medical personnel.
14 Section 42. Paragraph (a) of subsection (1) of section
15 415.1034, Florida Statutes, is amended to read:
16 415.1034 Mandatory reporting of abuse, neglect, or
17 exploitation of disabled adults or elderly persons; mandatory
18 reports of death.--
19 (1) MANDATORY REPORTING.--
20 (a) Any person, including, but not limited to, any:
21 1. Physician, osteopathic physician osteopath, medical
22 examiner, chiropractor, nurse, or hospital personnel engaged
23 in the admission, examination, care, or treatment of disabled
24 adults or elderly persons;
25 2. Health professional or mental health professional
26 other than one listed in subparagraph 1.;
27 3. Practitioner who relies solely on spiritual means
28 for healing;
29 4. Nursing home staff; assisted living facility staff;
30 adult day care center staff; adult family-care home staff;
31
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1 social worker; or other professional adult care, residential,
2 or institutional staff;
3 5. State, county, or municipal criminal justice
4 employee or law enforcement officer;
5 6. Human rights advocacy committee or long-term care
6 ombudsman council member; or
7 7. Bank, savings and loan, or credit union officer,
8 trustee, or employee,
9
10 who knows, or has reasonable cause to suspect, that a disabled
11 adult or an elderly person has been or is being abused,
12 neglected, or exploited shall immediately report such
13 knowledge or suspicion to the central abuse registry and
14 tracking system on the single statewide toll-free telephone
15 number.
16 Section 43. Paragraph (a) of subsection (1) of section
17 415.504, Florida Statutes, 1996 Supplement, is amended to
18 read:
19 415.504 Mandatory reports of child abuse or neglect;
20 mandatory reports of death; central abuse hotline.--
21 (1) Any person, including, but not limited to, any:
22 (a) Physician, osteopathic physician osteopath,
23 medical examiner, chiropractor, nurse, or hospital personnel
24 engaged in the admission, examination, care, or treatment of
25 persons;
26
27 who knows, or has reasonable cause to suspect, that a child is
28 an abused, abandoned, or neglected child shall report such
29 knowledge or suspicion to the department in the manner
30 prescribed in subsection (2).
31
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1 Section 44. Subsection (2) of section 440.106, Florida
2 Statutes, is amended to read:
3 440.106 Civil remedies; administrative penalties.--
4 (2) Whenever a physician, osteopathic physician
5 osteopath, chiropractor, podiatrist, or other practitioner is
6 determined to have violated s. 440.105, the Board of Medicine
7 Medical Examiners as set forth in chapter 458, the Board of
8 Osteopathic Medicine Medical Examiners as set forth in chapter
9 459, the Board of Chiropractic as set forth in chapter 460,
10 the Board of Podiatric Medicine as set forth in chapter 461,
11 or other appropriate licensing authority, shall hold an
12 administrative hearing to consider the imposition of
13 administrative sanctions as provided by law against said
14 physician, osteopathic physician osteopath, chiropractor, or
15 other practitioner.
16 Section 45. Paragraph (r) of subsection (1) of section
17 440.13, Florida Statutes, 1996 Supplement, is amended to read:
18 440.13 Medical services and supplies; penalty for
19 violations; limitations.--
20 (1) DEFINITIONS.--As used in this section, the term:
21 (r) "Physician" or "doctor" means a medical doctor or
22 doctor of osteopathy licensed under chapter 458, a physician
23 licensed under chapter 458, an osteopathic physician osteopath
24 licensed under chapter 459, a chiropractor licensed under
25 chapter 460, a podiatrist licensed under chapter 461, an
26 optometrist licensed under chapter 463, or a dentist licensed
27 under chapter 466, each of whom must be certified by the
28 division as a health care provider.
29 Section 46. Paragraphs (i) and (k) of subsection (1)
30 of section 440.134, Florida Statutes, are amended to read:
31
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1 440.134 Workers' compensation managed care
2 arrangement.--
3 (1) As used in this section, the term:
4 (i) "Medical care coordinator" means a primary care
5 provider within a provider network who is responsible for
6 managing the medical care of an injured worker including
7 determining other health care providers and health care
8 facilities to which the injured employee will be referred for
9 evaluation or treatment. A medical care coordinator shall be a
10 physician licensed under chapter 458 or an osteopathic
11 physician osteopath licensed under chapter 459.
12 (k) "Primary care provider" means, except in the case
13 of emergency treatment, the initial treating physician and,
14 when appropriate, continuing treating physician, who may be a
15 family practitioner, general practitioner, or internist
16 physician licensed under chapter 458; a family practitioner,
17 general practitioner, or internist osteopathic physician
18 osteopath licensed under chapter 459; a chiropractor licensed
19 under chapter 460; a podiatrist licensed under chapter 461; an
20 optometrist licensed under chapter 463; or a dentist licensed
21 under chapter 466.
22 Section 47. Paragraph (a) of subsection (3) of section
23 440.15, Florida Statutes, 1996 Supplement, is amended to read:
24 440.15 Compensation for disability.--Compensation for
25 disability shall be paid to the employee, subject to the
26 limits provided in s. 440.12(2), as follows:
27 (3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
28 (a) Impairment benefits.--
29 1. Once the employee has reached the date of maximum
30 medical improvement, impairment benefits are due and payable
31
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1 within 20 days after the carrier has knowledge of the
2 impairment.
3 2. The three-member panel, in cooperation with the
4 division, shall establish and use a uniform permanent
5 impairment rating schedule. This schedule must be based on
6 medically or scientifically demonstrable findings as well as
7 the systems and criteria set forth in the American Medical
8 Association's Guides to the Evaluation of Permanent
9 Impairment; the Snellen Charts, published by American Medical
10 Association Committee for Eye Injuries; and the Minnesota
11 Department of Labor and Industry Disability Schedules. The
12 schedule should be based upon objective findings. The schedule
13 shall be more comprehensive than the AMA Guides to the
14 Evaluation of Permanent Impairment and shall expand the areas
15 already addressed and address additional areas not currently
16 contained in the guides. On August 1, 1979, and pending the
17 adoption, by rule, of a permanent schedule, Guides to the
18 Evaluation of Permanent Impairment, copyright 1977, 1971,
19 1988, by the American Medical Association, shall be the
20 temporary schedule and shall be used for the purposes hereof.
21 For injuries after July 1, 1990, pending the adoption by
22 division rule of a uniform disability rating schedule, the
23 Minnesota Department of Labor and Industry Disability Schedule
24 shall be used unless that schedule does not address an injury.
25 In such case, the Guides to the Evaluation of Permanent
26 Impairment by the American Medical Association shall be used.
27 Determination of permanent impairment under this schedule must
28 be made by a physician licensed under chapter 458, a doctor of
29 osteopathic medicine osteopathy licensed under chapters 458
30 and 459, a chiropractor licensed under chapter 460, a
31 podiatrist licensed under chapter 461, an optometrist licensed
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1 under chapter 463, or a dentist licensed under chapter 466, as
2 appropriate considering the nature of the injury. No other
3 persons are authorized to render opinions regarding the
4 existence of or the extent of permanent impairment.
5 3. All impairment income benefits shall be based on an
6 impairment rating using the impairment schedule referred to in
7 subparagraph 2. Impairment income benefits are paid weekly at
8 the rate of 50 percent of the employee's average weekly
9 temporary total disability benefit not to exceed the maximum
10 weekly benefit under s. 440.12. An employee's entitlement to
11 impairment income benefits begins the day after the employee
12 reaches maximum medical improvement or the expiration of
13 temporary benefits, whichever occurs earlier, and continues
14 until the earlier of:
15 a. The expiration of a period computed at the rate of
16 3 weeks for each percentage point of impairment; or
17 b. The death of the employee.
18 4. After the employee has been certified by a doctor
19 as having reached maximum medical improvement or 6 weeks
20 before the expiration of temporary benefits, whichever occurs
21 earlier, the certifying doctor shall evaluate the condition of
22 the employee and assign an impairment rating, using the
23 impairment schedule referred to in subparagraph 2.
24 Compensation is not payable for the mental, psychological, or
25 emotional injury arising out of depression from being out of
26 work. If the certification and evaluation are performed by a
27 doctor other than the employee's treating doctor, the
28 certification and evaluation must be submitted to the treating
29 doctor, and the treating doctor must indicate agreement or
30 disagreement with the certification and evaluation. The
31 certifying doctor shall issue a written report to the
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1 division, the employee, and the carrier certifying that
2 maximum medical improvement has been reached, stating the
3 impairment rating, and providing any other information
4 required by the division. If the employee has not been
5 certified as having reached maximum medical improvement before
6 the expiration of 102 weeks after the date temporary total
7 disability benefits begin to accrue, the carrier shall notify
8 the treating doctor of the requirements of this section.
9 5. The carrier shall pay the employee impairment
10 income benefits for a period based on the impairment rating.
11 Section 48. Subsection (2) of section 456.31, Florida
12 Statutes, is amended to read:
13 456.31 Legislative intent.--
14 (2) It is the intent of the Legislature to provide for
15 certain practitioners of the healing arts, such as a trained
16 and qualified dentist, to use hypnosis for hypnoanesthesia or
17 for the allaying of anxiety in relation to dental work;
18 however, under no circumstances shall it be legal or proper
19 for the dentist or the individual to whom the dentist may
20 refer the patient, to use hypnosis for the treatment of the
21 neurotic difficulties of a patient. The same applies to the
22 optometrist, podiatrist, chiropractor, osteopathic physician
23 osteopath, or physician of medicine.
24 Section 49. Subsection (1) of section 459.006, Florida
25 Statutes, is amended to read:
26 459.006 Licensure by examination.--Any person desiring
27 to be licensed by examination shall:
28 (1) Have successfully completed a resident internship
29 of not less than 12 months in a hospital approved for this
30 purpose by the Board of Trustees of the American Osteopathic
31 Association or any other internship program approved by the
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1 board upon a showing of good cause by the applicant. This
2 requirement may be waived for applicants who matriculated in a
3 college of osteopathic medicine osteopathy during or before
4 1948.
5 Section 50. Subsection (1) of section 462.01, Florida
6 Statutes, is amended to read:
7 462.01 Definitions.--As used in this chapter:
8 (1) "Natureopathy" and "Naturopathy" shall be
9 construed as synonymous terms and mean the use and practice of
10 psychological, mechanical, and material health sciences to aid
11 in purifying, cleansing, and normalizing human tissues for the
12 preservation or restoration of health, according to the
13 fundamental principles of anatomy, physiology, and applied
14 psychology, as may be required. Naturopathic practice
15 employs, among other agencies, phytotherapy, dietetics,
16 psychotherapy, suggestotherapy, hydrotherapy, zone therapy,
17 biochemistry, external applications, electrotherapy,
18 mechanotherapy, mechanical and electrical appliances, hygiene,
19 first aid, sanitation, and heliotherapy; provided, however,
20 that nothing in this chapter shall be held or construed to
21 authorize any naturopathic physician licensed hereunder to
22 practice materia medica or surgery or chiropractic, nor shall
23 the provisions of this law in any manner apply to or affect
24 the practice of osteopathic medicine osteopathy, chiropractic,
25 Christian Science, or any other treatment authorized and
26 provided for by law for the cure or prevention of disease and
27 ailments.
28 Section 51. Subsection (10) of section 468.301,
29 Florida Statutes, is amended to read:
30 468.301 Definitions.--As used in this part, the term:
31
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1 (10) "Licensed practitioner" means a person who is
2 licensed or otherwise authorized by law to practice medicine,
3 podiatry, chiropody, osteopathic medicine osteopathy,
4 naturopathy, or chiropractic in this state.
5 Section 52. Paragraph (a) of subsection (6) of section
6 468.302, Florida Statutes, 1996 Supplement, is amended to
7 read:
8 468.302 Use of radiation; identification of certified
9 persons; limitations; exceptions.--
10 (6) Requirement for certification does not apply to:
11 (a) A hospital resident who is not a licensed
12 practitioner in this state or a student enrolled in and
13 attending a school or college of medicine, osteopathic
14 medicine osteopathy, chiropody, podiatry, or chiropractic or a
15 radiologic technology educational program and who applies
16 radiation to a human being while under the direct supervision
17 of a licensed practitioner.
18 Section 53. Section 476.044, Florida Statutes, is
19 amended to read:
20 476.044 Exemptions.--This chapter does not apply to
21 the following persons when practicing pursuant to their
22 professional responsibilities and duties:
23 (1) Persons authorized under the laws of this state to
24 practice medicine, surgery, osteopathic medicine osteopathy,
25 chiropractic, naturopathy, or podiatry;
26 (2) Commissioned medical or surgical officers of the
27 United States Armed Forces hospital service;
28 (3) Licensed nurses under the laws of this state;
29 (4) Persons practicing cosmetology under the laws of
30 this state;
31
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1 (5) Persons employed in federal, state, or local
2 institutions, hospitals, or military bases as barbers whose
3 practice is limited to the inmates, patients, or authorized
4 military personnel of such institutions, hospitals, or bases;
5 or
6 (6) Persons who practice only shampooing as defined in
7 s. 477.013 and whose practice is limited to the acts described
8 therein; or.
9 (7) Persons whose occupation or practice is confined
10 solely to cutting, trimming, polishing, or cleansing the
11 fingernails of any person when said cutting, trimming,
12 polishing, or cleansing is done in a barbershop licensed
13 pursuant to this chapter which is carrying on a regular and
14 customary business of barbering, and such individual has been
15 practicing the activities set forth in this subsection prior
16 to October 1, 1985.
17 Section 54. Paragraph (a) of subsection (1) of section
18 477.0135, Florida Statutes, is amended to read:
19 477.0135 Exemptions.--
20 (1) This chapter does not apply to the following
21 persons when practicing pursuant to their professional or
22 occupational responsibilities and duties:
23 (a) Persons authorized under the laws of this state to
24 practice medicine, surgery, osteopathic medicine osteopathy,
25 chiropractic, massage, naturopathy, or podiatry.
26 Section 55. Paragraph (a) of subsection (8) of section
27 483.291, Florida Statutes, is amended to read:
28 483.291 Powers and duties of the agency; rules.--The
29 agency shall adopt rules to implement this part, which rules
30 must include the following:
31
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1 (8) PERSONNEL.--The agency shall prescribe minimum
2 qualifications for center personnel. A center may employ as a
3 medical assistant a person who has at least one of the
4 following qualifications:
5 (a) Prior experience of not less than 6 months as a
6 medical assistant in the office of a licensed medical doctor
7 or osteopathic physician osteopath or in a hospital, an
8 ambulatory surgical center, a home health agency, or a health
9 maintenance organization.
10 Section 56. Subsection (1) of section 621.03, Florida
11 Statutes, is amended to read:
12 621.03 Definitions.--As used in this act the following
13 words shall have the meaning indicated:
14 (1) The term "professional service" means any type of
15 personal service to the public which requires as a condition
16 precedent to the rendering of such service the obtaining of a
17 license or other legal authorization. By way of example and
18 without limiting the generality thereof, the personal services
19 which come within the provisions of this act are the personal
20 services rendered by certified public accountants, public
21 accountants, chiropractors, dentists, osteopathic physicians
22 osteopaths, physicians and surgeons, doctors of medicine,
23 doctors of dentistry, podiatrists, chiropodists, architects,
24 veterinarians, attorneys at law, and life insurance agents.
25 Section 57. Paragraph (h) of subsection (4) of section
26 627.351, Florida Statutes, 1996 Supplement, is amended to
27 read:
28 627.351 Insurance risk apportionment plans.--
29 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.--
30 (h) As used in this subsection:
31
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1 1. "Health care provider" means hospitals licensed
2 under chapter 395; physicians licensed under chapter 458;
3 osteopathic physicians osteopaths licensed under chapter 459;
4 podiatrists licensed under chapter 461; dentists licensed
5 under chapter 466; chiropractors licensed under chapter 460;
6 naturopaths licensed under chapter 462; nurses licensed under
7 chapter 464; midwives licensed under chapter 467; clinical
8 laboratories registered under chapter 483; physician
9 assistants certified under chapter 458; physical therapists
10 and physical therapist assistants licensed under chapter 486;
11 health maintenance organizations certificated under part I of
12 chapter 641; ambulatory surgical centers licensed under
13 chapter 395; other medical facilities as defined in
14 subparagraph 2.; blood banks, plasma centers, industrial
15 clinics, and renal dialysis facilities; or professional
16 associations, partnerships, corporations, joint ventures, or
17 other associations for professional activity by health care
18 providers.
19 2. "Other medical facility" means a facility the
20 primary purpose of which is to provide human medical
21 diagnostic services or a facility providing nonsurgical human
22 medical treatment, to which facility the patient is admitted
23 and from which facility the patient is discharged within the
24 same working day, and which facility is not part of a
25 hospital. However, a facility existing for the primary
26 purpose of performing terminations of pregnancy or an office
27 maintained by a physician or dentist for the practice of
28 medicine shall not be construed to be an "other medical
29 facility."
30 3. "Health care facility" means any hospital licensed
31 under chapter 395, health maintenance organization
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1 certificated under part I of chapter 641, ambulatory surgical
2 center licensed under chapter 395, or other medical facility
3 as defined in subparagraph 2.
4 Section 58. Paragraph (b) of subsection (1) of section
5 627.357, Florida Statutes, is amended to read:
6 627.357 Medical malpractice self-insurance.--
7 (1) DEFINITIONS.--As used in this section, the term:
8 (b) "Health care provider" means any:
9 1. Hospital licensed under chapter 395.
10 2. Physician licensed, or physician assistant
11 certified, under chapter 458.
12 3. Osteopathic physician Osteopath licensed under
13 chapter 459.
14 4. Podiatrist licensed under chapter 461.
15 5. Health maintenance organization certificated under
16 part I of chapter 641.
17 6. Ambulatory surgical center licensed under chapter
18 395.
19 7. Chiropractor licensed under chapter 460.
20 8. Psychologist licensed under chapter 490.
21 9. Optometrist licensed under chapter 463.
22 10. Dentist licensed under chapter 466.
23 11. Pharmacist licensed under chapter 465.
24 12. Registered nurse, licensed practical nurse, or
25 advanced registered nurse practitioner licensed or registered
26 under chapter 464.
27 13. Other medical facility.
28 14. Professional association, partnership,
29 corporation, joint venture, or other association established
30 by the individuals set forth in subparagraphs 2., 3., 4., 7.,
31 8., 9., 10., 11., and 12. for professional activity.
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1 Section 59. Subsection (10) of section 627.6482,
2 Florida Statutes, is amended to read:
3 627.6482 Definitions.--As used in ss.
4 627.648-627.6498, the term:
5 (10) "Physician" means a physician licensed under
6 chapter 458; an osteopathic physician osteopath licensed under
7 chapter 459; a chiropractor licensed under chapter 460; a
8 podiatrist licensed under chapter 461; or, for purposes of
9 oral surgery only, a dental surgeon licensed under chapter
10 466.
11 Section 60. Section 725.01, Florida Statutes, is
12 amended to read:
13 725.01 Promise to pay another's debt, etc.--No action
14 shall be brought whereby to charge any executor or
15 administrator upon any special promise to answer or pay any
16 debt or damages out of his own estate, or whereby to charge
17 the defendant upon any special promise to answer for the debt,
18 default or miscarriage of another person or to charge any
19 person upon any agreement made upon consideration of marriage,
20 or upon any contract for the sale of lands, tenements or
21 hereditaments, or of any uncertain interest in or concerning
22 them, or for any lease thereof for a period longer than 1
23 year, or upon any agreement that is not to be performed within
24 the space of 1 year from the making thereof, or whereby to
25 charge any health care provider upon any guarantee, warranty,
26 or assurance as to the results of any medical, surgical, or
27 diagnostic procedure performed by any physician licensed under
28 chapter 458, osteopathic physician osteopath licensed under
29 chapter 459, chiropractor licensed under chapter 460,
30 podiatrist licensed under chapter 461, or dentist licensed
31 under chapter 466, unless the agreement or promise upon which
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1 such action shall be brought, or some note or memorandum
2 thereof shall be in writing and signed by the party to be
3 charged therewith or by some other person by him thereunto
4 lawfully authorized.
5 Section 61. Paragraph (b) of subsection (1) of section
6 766.101, Florida Statutes, 1996 Supplement, is amended to
7 read:
8 766.101 Medical review committee, immunity from
9 liability.--
10 (1) As used in this section:
11 (b) The term "health care providers" means physicians
12 licensed under chapter 458, osteopathic physicians osteopaths
13 licensed under chapter 459, podiatrists licensed under chapter
14 461, optometrists licensed under chapter 463, dentists
15 licensed under chapter 466, chiropractors licensed under
16 chapter 460, pharmacists licensed under chapter 465, or
17 hospitals or ambulatory surgical centers licensed under
18 chapter 395.
19 Section 62. Subsection (3) of section 766.103, Florida
20 Statutes, is amended to read:
21 766.103 Florida Medical Consent Law.--
22 (3) No recovery shall be allowed in any court in this
23 state against any physician licensed under chapter 458,
24 osteopathic physician osteopath licensed under chapter 459,
25 chiropractor licensed under chapter 460, podiatrist licensed
26 under chapter 461, or dentist licensed under chapter 466 in an
27 action brought for treating, examining, or operating on a
28 patient without his informed consent when:
29 (a)1. The action of the physician, osteopathic
30 physician osteopath, chiropractor, podiatrist, or dentist in
31 obtaining the consent of the patient or another person
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1 authorized to give consent for the patient was in accordance
2 with an accepted standard of medical practice among members of
3 the medical profession with similar training and experience in
4 the same or similar medical community; and
5 2. A reasonable individual, from the information
6 provided by the physician, osteopathic physician osteopath,
7 chiropractor, podiatrist, or dentist, under the circumstances,
8 would have a general understanding of the procedure, the
9 medically acceptable alternative procedures or treatments, and
10 the substantial risks and hazards inherent in the proposed
11 treatment or procedures, which are recognized among other
12 physicians, osteopathic physicians osteopaths, chiropractors,
13 podiatrists, or dentists in the same or similar community who
14 perform similar treatments or procedures; or
15 (b) The patient would reasonably, under all the
16 surrounding circumstances, have undergone such treatment or
17 procedure had he been advised by the physician, osteopathic
18 physician osteopath, chiropractor, podiatrist, or dentist in
19 accordance with the provisions of paragraph (a).
20 Section 63. Paragraphs (b) and (i) of subsection (1)
21 and paragraph (e) of subsection (2) of section 766.105,
22 Florida Statutes, 1996 Supplement, are amended to read:
23 766.105 Florida Patient's Compensation Fund.--
24 (1) DEFINITIONS.--The following definitions apply in
25 the interpretation and enforcement of this section:
26 (b) The term "health care provider" means any:
27 1. Hospital licensed under chapter 395.
28 2. Physician licensed, or physician assistant
29 certified, under chapter 458.
30 3. Osteopathic physician Osteopath licensed under
31 chapter 459.
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1 4. Podiatrist licensed under chapter 461.
2 5. Health maintenance organization certificated under
3 part I of chapter 641.
4 6. Ambulatory surgical center licensed under chapter
5 395.
6 7. "Other medical facility" as defined in paragraph
7 (c).
8 8. Professional association, partnership, corporation,
9 joint venture, or other association by the individuals set
10 forth in subparagraphs 2., 3., and 4. for professional
11 activity.
12 (i) The term "house physician" means any physician,
13 osteopathic physician osteopath, podiatrist, or dentist
14 except: a physician, osteopathic physician osteopath,
15 podiatrist, or dentist with staff privileges at a hospital; a
16 physician, osteopathic physician osteopath, podiatrist, or
17 dentist providing emergency room services; an
18 anesthesiologist, pathologist, or radiologist; or a physician,
19 osteopathic physician osteopath, podiatrist, or dentist who
20 performs a service for a fee.
21 (2) COVERAGE.--
22 (e) The coverage afforded by the fund for a
23 participating hospital or ambulatory surgical center shall
24 apply to the officers, trustees, volunteer workers, trainees,
25 committee members (including physicians, osteopathic
26 physicians osteopaths, podiatrists, and dentists), and
27 employees of the hospital or ambulatory surgical center, other
28 than employed physicians licensed under chapter 458, physician
29 assistants licensed under chapter 458, osteopathic physicians
30 osteopaths licensed under chapter 459, dentists licensed under
31 chapter 466, and podiatrists licensed under chapter 461.
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1 However, the coverage afforded by the fund for a participating
2 hospital shall apply to house physicians, interns, employed
3 physician residents in a resident training program, or
4 physicians performing purely administrative duties for the
5 participating hospitals other than the treatment of patients.
6 This coverage shall apply to the hospital or ambulatory
7 surgical center and those included in this subsection as one
8 health care provider.
9 Section 64. Subsection (2) of section 766.110, Florida
10 Statutes, is amended to read:
11 766.110 Liability of health care facilities.--
12 (2) Every hospital licensed under chapter 395 may
13 carry liability insurance or adequately insure itself in an
14 amount of not less than $1.5 million per claim, $5 million
15 annual aggregate to cover all medical injuries to patients
16 resulting from negligent acts or omissions on the part of
17 those members of its medical staff who are covered thereby in
18 furtherance of the requirements of ss. 458.320 and 459.0085.
19 Self-insurance coverage extended hereunder to a member of a
20 hospital's medical staff meets the financial responsibility
21 requirements of ss. 458.320 and 459.0085 if the physician's
22 coverage limits are not less than the minimum limits
23 established in ss. 458.320 and 459.0085 and the hospital is a
24 verified trauma center as of July 1, 1990, that has extended
25 self-insurance coverage continuously to members of its medical
26 staff for activities both inside and outside of the hospital
27 since January 1, 1987. Any insurer authorized to write
28 casualty insurance may make available, but shall not be
29 required to write, such coverage. The hospital may assess on
30 an equitable and pro rata basis the following professional
31 health care providers for a portion of the total hospital
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1 insurance cost for this coverage: physicians licensed under
2 chapter 458, osteopathic physicians osteopaths licensed under
3 chapter 459, podiatrists licensed under chapter 461, dentists
4 licensed under chapter 466, and nurses licensed under chapter
5 464. The hospital may provide for a deductible amount to be
6 applied against any individual health care provider found
7 liable in a law suit in tort or for breach of contract. The
8 legislative intent in providing for the deductible to be
9 applied to individual health care providers found negligent or
10 in breach of contract is to instill in each individual health
11 care provider the incentive to avoid the risk of injury to the
12 fullest extent and ensure that the citizens of this state
13 receive the highest quality health care obtainable.
14 Section 65. Subsection (2) of section 817.234, Florida
15 Statutes, is amended to read:
16 817.234 False and fraudulent insurance claims.--
17 (2) Any physician licensed under chapter 458,
18 osteopathic physician osteopath licensed under chapter 459,
19 chiropractor licensed under chapter 460, or other practitioner
20 licensed under the laws of this state who knowingly and
21 willfully assists, conspires with, or urges any insured party
22 to fraudulently violate any of the provisions of this section
23 or part XI of chapter 627, or any person who, due to such
24 assistance, conspiracy, or urging by said physician,
25 osteopathic physician osteopath, chiropractor, or
26 practitioner, knowingly and willfully benefits from the
27 proceeds derived from the use of such fraud, is guilty of a
28 felony of the third degree, punishable as provided in s.
29 775.082, s. 775.083, or s. 775.084. In the event that a
30 physician, osteopathic physician osteopath, chiropractor, or
31 practitioner is adjudicated guilty of a violation of this
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1 section, the Board of Medicine as set forth in chapter 458,
2 the Board of Osteopathic Medicine as set forth in chapter 459,
3 the Board of Chiropractic as set forth in chapter 460, or
4 other appropriate licensing authority shall hold an
5 administrative hearing to consider the imposition of
6 administrative sanctions as provided by law against said
7 physician, osteopathic physician osteopath, chiropractor, or
8 practitioner.
9 Section 66. Subsection (1) of section 945.047, Florida
10 Statutes, is amended to read:
11 945.047 Licensing requirements for physicians,
12 osteopathic physicians, and chiropractors employed by the
13 department.--
14 (1) The Department of Corrections shall employ only
15 physicians, osteopathic physicians, or chiropractic physicians
16 holding licenses in good standing to practice medicine in this
17 state, except that, by October 1, 1980, no more than 10
18 percent of the total number of such physicians employed by the
19 department may be exempted from the provisions of this
20 subsection. Each such exempted physician shall hold a valid
21 license to practice medicine, osteopathic medicine osteopathy,
22 or chiropractic in another state and shall have been certified
23 by the appropriate board as eligible for admission for
24 examination in this state under chapter 458, chapter 459, or
25 chapter 460, as applicable. The appropriate board shall not
26 certify as eligible for admission for examination any person
27 who has been adjudged unqualified or guilty of any of the acts
28 enumerated in the disciplinary provisions contained in chapter
29 458, chapter 459, or chapter 460, as applicable.
30 Section 67. Subsection (1) of section 460.403, Florida
31 Statutes, 1996 Supplement, is amended to read:
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1 460.403 Definitions.--As used in this chapter, the
2 term:
3 (1) "Department" means the Department of Health
4 Business and Professional Regulation.
5 Section 68. Paragraphs (bb) and (cc) of subsection (1)
6 of section 460.413, Florida Statutes, 1996 Supplement, are
7 repealed, paragraphs (q) and (gg) of subsection (1) and
8 subsection (2) of that section are amended, and subsections
9 (6) and (7) are added to that section, to read:
10 460.413 Grounds for disciplinary action; action by the
11 board.--
12 (1) The following acts shall constitute grounds for
13 which the disciplinary actions specified in subsection (2) may
14 be taken:
15 (q) Being unable to practice chiropractic with
16 reasonable skill and safety to patients by reason of illness
17 or use of alcohol, drugs, narcotics, chemicals, or any other
18 type of material or as a result of any mental or physical
19 condition. In enforcing this paragraph, upon a finding by the
20 secretary of the department, or his or her designee, or the
21 probable cause panel of the board that probable cause exists
22 to believe that the licensee is unable to practice the
23 profession because of reasons stated in this paragraph, the
24 department shall have the authority to compel a licensee to
25 submit to a mental or physical examination by a physician
26 designated by the department. If the licensee refuses to
27 comply with the department's order, the department may file a
28 petition for enforcement in the circuit court of the circuit
29 in which the licensee resides or does business. The
30 department shall be entitled to the summary procedure provided
31 in s. 51.011. The record of proceedings to obtain a compelled
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1 mental or physical examination shall not be used against a
2 licensee in any other proceedings. A chiropractic physician
3 affected under this paragraph shall at reasonable intervals be
4 afforded an opportunity to demonstrate that he can resume the
5 competent practice of chiropractic with reasonable skill and
6 safety to patients.
7 (gg) Failing to report to the department Division of
8 Medical Quality Assurance any licensee physician licensed
9 under chapter 458 or osteopathic physician licensed under
10 chapter 459 who the chiropractic physician or chiropractic
11 physician's assistant 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 chiropractic
17 physician or chiropractic physician's assistant also provides
18 services.
19 (2) When the board finds any person guilty of any of
20 the grounds set forth in subsection (1), it may enter an order
21 imposing one or more of the following penalties:
22 (a) Refusal to certify to the department an
23 application for licensure.
24 (b) Revocation or suspension of a license.
25 (c) Restriction of practice.
26 (d) Imposition of an administrative fine not to exceed
27 $2,000 for each count or separate offense.
28 (e) Issuance of a reprimand.
29 (f) Placement of the chiropractic physician on
30 probation for a period of time and subject to such conditions
31 as the board may specify, including requiring the chiropractic
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1 physician to submit to treatment, to attend continuing
2 education courses, to submit to reexamination, or to work
3 under the supervision of another chiropractic physician.
4 (g) Imposition of costs of the investigation and
5 prosecution.
6 (h) Requirement that the chiropractic physician
7 undergo remedial education.
8 (i) Issuance of a letter of concern.
9 (j) Corrective action.
10 (k) Refund of fees billed to and collected from the
11 patient or a third party.
12
13 In determining what action is appropriate, the board must
14 first consider what sanctions are necessary to protect the
15 public or to compensate the patient. Only after those
16 sanctions have been imposed may the disciplining authority
17 consider and include in the order requirements designed to
18 rehabilitate the chiropractic physician. All costs associated
19 with compliance with orders issued under this subsection are
20 the obligation of the chiropractic physician.
21 (6) In any administrative action against a
22 chiropractic physician which does not involve revocation or
23 suspension of license, the department shall have the burden,
24 by the greater weight of the evidence, to establish the
25 existence of grounds for disciplinary action. The department
26 shall establish grounds for revocation or suspension of
27 license by clear and convincing evidence.
28 (7) If any chiropractic physician is guilty of such
29 unprofessional conduct, negligence, or mental or physical
30 incapacity or impairment that the department determines that
31 the chiropractic physician is unable to practice with
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1 reasonable skill and safety and presents a danger to patients,
2 the department shall be authorized to maintain an action in
3 circuit court enjoining such chiropractic physician from
4 providing medical services to the public until the
5 chiropractic physician demonstrates the ability to practice
6 with reasonable skill and safety and without danger to
7 patients.
8 Section 69. For the purpose of incorporating the
9 amendment to section 460.413, Florida Statutes, 1996
10 Supplement, in a reference thereto, subsection (9) of section
11 320.0848, Florida Statutes, is reenacted to read:
12 320.0848 Persons who have disabilities; issuance of
13 disabled parking permits; temporary permits; permits for
14 certain providers of transportation services to persons who
15 have disabilities.--
16 (9) A violation of this section is grounds for
17 disciplinary action under s. 458.331, s. 459.015, s. 460.413,
18 or s. 461.013, as applicable.
19 Section 70. For the purpose of incorporating the
20 amendment to section 460.413, Florida Statutes, 1996
21 Supplement, in a reference thereto, paragraph (g) of
22 subsection (4) of section 455.236, Florida Statutes, is
23 reenacted to read:
24 455.236 Financial arrangements between referring
25 health care providers and providers of health care services.--
26 (4) PROHIBITED REFERRALS AND CLAIMS FOR
27 PAYMENT.--Except as provided in this section:
28 (g) A violation of this section by a health care
29 provider shall constitute grounds for disciplinary action to
30 be taken by the applicable board pursuant to s. 458.331(2), s.
31 459.015(2), s. 460.413(2), s. 461.013(2), s. 463.016(2), or s.
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1 466.028(2). Any hospital licensed under chapter 395 found in
2 violation of this section shall be subject to the rules
3 adopted by the Department of Health and Rehabilitative
4 Services pursuant to s. 395.0185(2).
5 Section 71. For the purpose of incorporating the
6 amendment to section 460.413, Florida Statutes, 1996
7 Supplement, in a reference thereto, subsection (2) of section
8 766.111, Florida Statutes, is reenacted to read:
9 766.111 Engaging in unnecessary diagnostic testing;
10 penalties.--
11 (2) A violation of this section shall be grounds for
12 disciplinary action pursuant to s. 458.331, s. 459.015, s.
13 460.413, s. 461.013, or s. 466.028, as applicable.
14 Section 72. Paragraph (a) of subsection (8) of section
15 460.4165, Florida Statutes, is amended to read:
16 460.4165 Chiropractic physician's assistants.--
17 (8) FEES.--
18 (a) A fee not to exceed $100 set by the board shall
19 accompany the annual application by a chiropractic physician
20 or group of chiropractic physicians for authorization to
21 supervise a certified chiropractic physician's assistant.
22 Section 73. Subsection (1) of section 461.003, Florida
23 Statutes, is amended to read:
24 461.003 Definitions.--As used in this chapter:
25 (1) "Department" means the Department of Health
26 Business and Professional Regulation.
27 Section 74. Paragraph (aa) of subsection (1) of
28 section 461.013, Florida Statutes, is amended to read:
29 461.013 Grounds for disciplinary action; action by the
30 board; investigations by department.--
31
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1 (1) The following acts shall constitute grounds for
2 which the disciplinary actions specified in subsection (2) may
3 be taken:
4 (aa) Failing to report to the department Division of
5 Medical Quality Assurance any licensee physician licensed
6 under chapter 458 or osteopathic physician licensed under
7 chapter 459 who the podiatrist knows has violated the grounds
8 for disciplinary action set out in the law under which that
9 person 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 podiatrist also
13 provides services.
14 Section 75. Section 461.018, Florida Statutes, 1996
15 Supplement, is amended to read:
16 461.018 Limited scope of practice; area of
17 need.--Those persons holding valid certificates on October 1,
18 1991, who were certified pursuant to chapters 88-205 and
19 88-392, Laws of Florida, and who have been practicing under a
20 board-approved protocol for at least 2 years are eligible to
21 receive a podiatry license to practice without supervision
22 under their present limited scope of practice of the
23 nonsurgical treatment of corns, calluses, and ingrown toenails
24 in a specially designated area of need as provided by rule of
25 the board.
26 Section 76. Subsection (1) and paragraph (c) of
27 subsection (3) of section 464.003, Florida Statutes, 1996
28 Supplement, are amended to read:
29 464.003 Definitions.--As used in this chapter:
30 (1) "Department Agency" means the Department of Agency
31 for Health Care Administration.
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1 (3)
2 (c) "Advanced or specialized nursing practice" means,
3 in addition to the practice of professional nursing, the
4 performance of advanced-level nursing acts approved by the
5 board which, by virtue of postbasic specialized education,
6 training, and experience, are proper to be performed by an
7 advanced registered nurse practitioner. Within the context of
8 advanced or specialized nursing practice, the advanced
9 registered nurse practitioner may perform acts of nursing
10 diagnosis and nursing treatment of alterations of the health
11 status. The advanced registered nurse practitioner may also
12 perform acts of medical diagnosis and treatment, prescription,
13 and operation which are identified and approved by a joint
14 committee composed of three members appointed by the Board of
15 Nursing, two of whom shall be advanced registered nurse
16 practitioners; three members appointed by the Board of
17 Medicine, two of whom shall have had work experience with
18 advanced registered nurse practitioners; and the secretary
19 director of the department agency or the secretary's
20 director's designee. Each committee member appointed by a
21 board shall be appointed to a term of 4 years unless a shorter
22 term is required to establish or maintain staggered terms. The
23 Board of Nursing shall adopt rules authorizing the performance
24 of any such acts approved by the joint committee. Unless
25 otherwise specified by the joint committee, such acts shall be
26 performed under the general supervision of a practitioner
27 licensed under chapter 458, chapter 459, or chapter 466 within
28 the framework of standing protocols which identify the medical
29 acts to be performed and the conditions for their performance.
30 The department agency may, by rule, require that a copy of the
31
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1 protocol be filed with the department agency along with the
2 notice required by s. 458.348.
3 Section 77. Subsection (1) of section 464.004, Florida
4 Statutes, 1996 Supplement, is amended to read:
5 464.004 Board of Nursing; membership; appointment;
6 terms.--
7 (1) The Board of Nursing is created within the
8 department agency and shall consist of 13 members to be
9 appointed by the Governor and confirmed by the Senate.
10 Section 78. Subsection (1) of section 464.008, Florida
11 Statutes, 1996 Supplement, is amended to read:
12 464.008 Licensure by examination.--
13 (1) Any person desiring to be licensed as a registered
14 nurse or licensed practical nurse shall apply to the
15 department agency to take the licensure examination. The
16 department agency shall examine each applicant who:
17 (a) Has completed the application form and remitted a
18 fee set by the board not to exceed $150 and has remitted an
19 examination fee set by the board not to exceed $75 plus the
20 actual per applicant cost to the department agency for
21 purchase of the examination from the National Council of State
22 Boards of Nursing or a similar national organization.
23 (b) Has provided sufficient information on or after
24 October 1, 1989, which must be submitted by the department
25 agency for a statewide criminal records correspondence check
26 through the Department of Law Enforcement.
27 (c) Is in good mental and physical health, is a
28 recipient of a high school diploma or the equivalent, and has
29 completed the requirements for graduation from an approved
30 program for the preparation of registered nurses or licensed
31 practical nurses, whichever is applicable. Courses
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1 successfully completed in a professional nursing program which
2 are at least equivalent to a practical nursing program may be
3 used to satisfy the education requirements for licensure as a
4 licensed practical nurse.
5 (d) Has the ability to communicate in the English
6 language, which may be determined by an examination given by
7 the department agency.
8 Section 79. Subsections (1) and (3) of section
9 464.009, Florida Statutes, 1996 Supplement, are amended to
10 read:
11 464.009 Licensure by endorsement.--
12 (1) The department agency shall issue the appropriate
13 license by endorsement to practice professional or practical
14 nursing to an applicant who, upon applying to the department
15 agency and remitting a fee set by the board not to exceed
16 $100, demonstrates to the board that he:
17 (a) Holds a valid license to practice professional or
18 practical nursing in another state of the United States,
19 provided that, when the applicant secured his original
20 license, the requirements for licensure were substantially
21 equivalent to or more stringent than those existing in Florida
22 at that time; or
23 (b) Meets the qualifications for licensure in s.
24 464.008 and has successfully completed a state, regional, or
25 national examination which is substantially equivalent to or
26 more stringent than the examination given by the department
27 agency.
28 (3) The department agency shall not issue a license by
29 endorsement to any applicant who is under investigation in
30 another state for an act which would constitute a violation of
31
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1 this chapter until such time as the investigation is complete,
2 at which time the provisions of s. 464.018 shall apply.
3 Section 80. Subsections (1) and (5) of section
4 464.012, Florida Statutes, 1996 Supplement, are amended to
5 read:
6 464.012 Certification of advanced registered nurse
7 practitioners; fees.--
8 (1) Any nurse desiring to be certified as an advanced
9 registered nurse practitioner shall apply to the department
10 agency and submit proof that he holds a current license to
11 practice professional nursing and that he meets one or more of
12 the following requirements as determined by the board:
13 (a) Satisfactory completion of a formal postbasic
14 educational program of at least one academic year, the primary
15 purpose of which is to prepare nurses for advanced or
16 specialized practice.
17 (b) Certification by an appropriate specialty board.
18 Such certification shall be required for initial state
19 certification and any recertification as a registered nurse
20 anesthetist or nurse midwife. The board may by rule provide
21 for provisional state certification of graduate nurse
22 anesthetists and nurse midwives for a period of time
23 determined to be appropriate for preparing for and passing the
24 national certification examination.
25 (c) Graduation from a program leading to a master's
26 degree in a nursing clinical specialty area with preparation
27 in specialized practitioner skills. For applicants graduating
28 on or after October 1, 1998, graduation from a master's degree
29 program shall be required for initial certification as a nurse
30 practitioner under paragraph (4)(c). For applicants
31 graduating on or after October 1, 2001, graduation from a
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1 master's degree program shall be required for initial
2 certification as a registered nurse anesthetist under
3 paragraph (4)(a).
4 (5) The board shall certify, and the department agency
5 shall issue a certificate to, any nurse meeting the
6 qualifications in this section. The board shall establish an
7 application fee not to exceed $100 and a biennial renewal fee
8 not to exceed $50. The board is authorized to adopt such
9 other rules as are necessary to implement the provisions of
10 this section.
11 Section 81. Subsections (1) and (2) of section
12 464.013, Florida Statutes, 1996 Supplement, are amended to
13 read:
14 464.013 Renewal of license or certificate.--
15 (1) The department agency shall renew a license upon
16 receipt of the renewal application and fee.
17 (2) The department agency shall adopt rules
18 establishing a procedure for the biennial renewal of licenses.
19 Section 82. Subsection (2) of section 464.014, Florida
20 Statutes, 1996 Supplement, is amended to read:
21 464.014 Inactive status.--
22 (2) The department agency may not reactivate a license
23 unless the inactive or delinquent licensee has paid any
24 applicable biennial renewal or delinquency fee, or both, and a
25 reactivation fee.
26 Section 83. Paragraphs (a), (c), (j), (k), (l), and
27 (m) of subsection (1) and paragraph (a) of subsection (2) of
28 section 464.018, Florida Statutes, 1996 Supplement, are
29 amended to read:
30 464.018 Disciplinary actions.--
31
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1 (1) The following acts shall be grounds for
2 disciplinary action set forth in this section:
3 (a) Procuring, attempting to procure, or renewing a
4 license to practice nursing by bribery, by knowing
5 misrepresentations, or through an error of the department
6 agency or the board.
7 (c) Being convicted or found guilty of, or entering a
8 plea of nolo contendere to, regardless of adjudication, of a
9 crime in any jurisdiction which directly relates to the
10 practice of nursing or to the ability to practice nursing.
11 (j) Being unable to practice nursing with reasonable
12 skill and safety to patients by reason of illness or use of
13 alcohol, drugs, narcotics, or chemicals or any other type of
14 material or as a result of any mental or physical condition.
15 In enforcing this paragraph, the department agency shall have,
16 upon a finding of the secretary director or the secretary's
17 his designee that probable cause exists to believe that the
18 licensee is unable to practice nursing because of the reasons
19 stated in this paragraph, the authority to issue an order to
20 compel a licensee to submit to a mental or physical
21 examination by physicians designated by the department agency.
22 If the licensee refuses to comply with such order, the
23 department's agency's order directing such examination may be
24 enforced by filing a petition for enforcement in the circuit
25 court where the licensee resides or does business. The
26 licensee against whom the petition is filed shall not be named
27 or identified by initials in any public court records or
28 documents, and the proceedings shall be closed to the public.
29 The department agency shall be entitled to the summary
30 procedure provided in s. 51.011. A nurse affected by the
31 provisions of this paragraph shall at reasonable intervals be
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1 afforded an opportunity to demonstrate that he can resume the
2 competent practice of nursing with reasonable skill and safety
3 to patients.
4 (k) Failing to report to the department agency any
5 person who the licensee knows is in violation of this chapter
6 or of the rules of the department agency or the board;
7 however, if the licensee verifies that such person is actively
8 participating in a board-approved program for the treatment of
9 a physical or mental condition, the licensee is required to
10 report such person only to an impaired professionals
11 consultant.
12 (l) Knowingly violating any provision of this chapter,
13 a rule of the board or the department agency, or a lawful
14 order of the board or department agency previously entered in
15 a disciplinary proceeding or failing to comply with a lawfully
16 issued subpoena of the department agency.
17 (m) Failing to report to the department Division of
18 Health Quality Assurance any licensee physician licensed under
19 chapter 458 or osteopathic physician licensed under chapter
20 459 who the nurse knows has violated the grounds for
21 disciplinary action set out in the law under which that person
22 physician or osteopathic physician is licensed and who
23 provides health care services in a facility licensed under
24 chapter 395, or a health maintenance organization certificated
25 under part I of chapter 641, in which the nurse also provides
26 services.
27 (2) When the board finds any person guilty of any of
28 the grounds 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 agency an
31 application for licensure.
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1 Section 84. Subsections (1), (3), and (4) of section
2 464.019, Florida Statutes, 1996 Supplement, are amended to
3 read:
4 464.019 Approval of nursing programs.--
5 (1) An institution desiring to conduct an approved
6 program for the education of professional or practical nurses
7 shall apply to the department agency and submit such evidence
8 as may be required to show that it complies with the
9 provisions of this chapter and with the rules of the board.
10 The application shall include a program review fee, as set by
11 the board, not to exceed $1,000.
12 (3) The department agency shall survey each
13 institution applying for approval and submit its findings to
14 the board. If the board is satisfied that the program meets
15 the requirements of this chapter and rules pursuant thereto,
16 it shall certify the program for approval and the department
17 agency shall approve the program.
18 (4) If the board, through an investigation by the
19 department agency, finds that an approved program no longer
20 meets the required standards, it may place the program on
21 probationary status until such time as the standards are
22 restored. If a program fails to correct these conditions
23 within a specified period of time, the board may rescind the
24 approval. Any program having its approval rescinded shall
25 have the right to reapply.
26 Section 85. Section 464.0205, Florida Statutes, is
27 created to read:
28 464.0205 Retired volunteer nurse certificate.--
29 (1) Any retired practical or registered nurse desiring
30 to serve indigent, underserved, or critical need populations
31
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1 in this state may apply to the department for a retired
2 volunteer nurse certificate by providing:
3 (a) A complete application.
4 (b) An application and processing fee of $25.
5 (c) Verification that the applicant had been licensed
6 to practice nursing in any jurisdiction in the United States
7 for at least 10 years, had retired or plans to retire, intends
8 to practice nursing only pursuant to the limitations provided
9 by the retired volunteer nurse certificate, and has not
10 committed any act that would constitute a violation under s.
11 464.018(1).
12 (d) Proof that the applicant meets the requirements
13 for licensure under s. 464.008 or s. 464.009.
14 (2) All related administrative costs shall be borne by
15 the applicant.
16 (3) The board may deny a retired volunteer nurse
17 certificate to any applicant who has committed, or who is
18 under investigation or prosecution for, any act that would
19 constitute a ground for disciplinary action under s. 464.018.
20 (4) A retired volunteer nurse receiving certification
21 from the board shall:
22 (a) Work under the direct supervision of the director
23 of a county health department, a physician working under a
24 limited license issued pursuant to s. 458.317 or s. 459.0075,
25 a physician licensed under chapter 458 or chapter 459, an
26 advanced registered nurse practitioner certified under s.
27 464.012, or a registered nurse licensed under s. 464.008 or s.
28 464.009.
29 (b) Comply with the minimum standards of practice for
30 nurses and be subject to disciplinary action for violations of
31 s. 464.018, except that the scope of practice for certified
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1 volunteers shall be limited to primary and preventive health
2 care, or as further defined by board rule.
3 (c) Work only in a setting for which there are
4 provisions for professional liability coverage for acts or
5 omissions of the retired volunteer nurse.
6 (d) Provide services under the certificate only in
7 settings whose sponsors have been approved by the board.
8 (5) A retired volunteer nurse receiving certification
9 from the board shall not:
10 (a) Administer controlled substances.
11 (b) Supervise other nurses.
12 (c) Receive monetary compensation.
13 (6) A retired volunteer nurse certified under this
14 section may practice only in board-approved settings in public
15 agencies or institutions or in nonprofit agencies or
16 institutions meeting the requirements of s. 501(c)(3) of the
17 Internal Revenue Code, which agencies or institutions are
18 located in areas of critical nursing need as determined by the
19 board. Determination of underserved areas shall be made by
20 the board after consultation with the Department of Health,
21 the Department of Children and Family Services, the Agency for
22 Health Care Administration, and the Department of Elderly
23 Affairs; however, such determination shall include, but not be
24 limited to, health manpower shortage areas designated by the
25 United States Department of Health and Human Services. The
26 sponsoring agencies desiring to use certified retired
27 volunteer nurses shall submit to the board verification of
28 their status under s. 501(c)(3) of the Internal Revenue Code,
29 the sites at which such volunteer nurses would work, the
30 duties and scope of practice intended for such volunteer
31
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1 nurses, and the training or skills validation for such
2 volunteer nurses.
3 (7) The retired volunteer nurse certificate shall be
4 valid for 2 years, and a certificateholder may reapply for a
5 certificate so long as the certificateholder continues to meet
6 the eligibility requirements of this section. Any
7 legislatively mandated continuing education on specific topics
8 must be completed by the certificateholder prior to renewal;
9 otherwise, the provisions of s. 464.013 do not apply.
10 Section 86. Subsection (12) is added to section
11 464.022, Florida Statutes, to read:
12 464.022 Exceptions.--No provision of this chapter
13 shall be construed to prohibit:
14 (12) The practice of nursing by any legally qualified
15 nurse of another state whose employment requires the nurse to
16 accompany and care for a patient temporarily residing in this
17 state for not more than 30 consecutive days, provided the
18 patient is not in an inpatient setting, the board is notified
19 prior to arrival of the patient and nurse, the nurse has the
20 standing physician orders and current medical status of the
21 patient available, and prearrangements with the appropriate
22 licensed health care providers in this state have been made in
23 case the patient needs placement in an inpatient setting.
24 Section 87. Subsections (4) and (10) of section
25 465.003, Florida Statutes, are amended to read:
26 465.003 Definitions.--As used in this chapter, the
27 term:
28 (4) "Department" means the Department of Health
29 Business and Professional Regulation.
30
31
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1 (10)(a) "Pharmacy" includes a community pharmacy, an
2 institutional pharmacy, a nuclear pharmacy, and a special
3 pharmacy.
4 1.(a) The term "community pharmacy" includes every
5 location where medicinal drugs are compounded, dispensed,
6 stored, or sold or where prescriptions are filled or dispensed
7 on an outpatient basis.
8 2.(b) The term "institutional pharmacy" includes every
9 location in a hospital, clinic, nursing home, dispensary,
10 sanitarium, extended care facility, or other facility,
11 hereinafter referred to as "health care institutions," where
12 medicinal drugs are compounded, dispensed, stored, or sold.
13 3.(c) The term "nuclear pharmacy" includes every
14 location where radioactive drugs and chemicals within the
15 classification of medicinal drugs are compounded, dispensed,
16 stored, or sold. The term "nuclear pharmacy" does not include
17 hospitals licensed under chapter 395 or the nuclear medicine
18 facilities of such hospitals.
19 4.(d) The term "special pharmacy" includes every
20 location where medicinal drugs are compounded, dispensed,
21 stored, or sold if such locations are not otherwise defined in
22 this subsection.
23 (b) The pharmacy department of any permittee shall be
24 considered closed whenever a Florida licensed pharmacist is
25 not present and on duty. The term "not present and on duty"
26 shall not be construed to prevent a pharmacist from exiting
27 the prescription department for the purposes of consulting or
28 responding to inquiries or providing assistance to patients or
29 customers, attending to personal hygiene needs, or performing
30 any other function for which the pharmacist is responsible,
31 provided that such activities are conducted in a manner
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1 consistent with the pharmacist's responsibility to provide
2 pharmacy services.
3 Section 88. Subsections (1) and (2) of section
4 465.004, Florida Statutes, are amended to read:
5 465.004 Board of Pharmacy.--
6 (1) The Board of Pharmacy is created within the
7 department and shall consist of nine seven members to be
8 appointed by the Governor and confirmed by the Senate.
9 (2) Seven Five members of the board must be licensed
10 pharmacists who are residents of this state and who have been
11 engaged in the practice of the profession of pharmacy in this
12 state for at least 4 years and, to the extent practicable,
13 represent the various pharmacy practice settings. Of the
14 pharmacist members, one must be currently engaged in the
15 practice of pharmacy in a community pharmacy, one must be
16 currently engaged in the practice of pharmacy in a Class II
17 institutional pharmacy or a Modified Class II institutional
18 pharmacy, and five shall be pharmacists licensed in this state
19 irrespective of practice setting. The remaining two members
20 must be residents of the state who have never been licensed as
21 pharmacists and who are in no way connected with the practice
22 of the profession of pharmacy. No person may be appointed as
23 a consumer lay member who is in any way connected with a drug
24 manufacturer or wholesaler. At least one member of the board
25 must be 60 years of age or older.
26 Section 89. Section 465.0125, Florida Statutes, is
27 amended to read:
28 465.0125 Consultant pharmacist license; application,
29 renewal, fees; responsibilities; rules.--
30 (1) The department shall issue or renew a consultant
31 pharmacist license upon receipt of an initial or renewal
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1 application which conforms to the requirements for consultant
2 pharmacist initial licensure or renewal as promulgated by the
3 board by rule and a fee set by the board not to exceed $250.
4 The consultant pharmacist shall be responsible for maintaining
5 all drug records required by law and for establishing drug
6 handling procedures for the safe handling and storage of
7 drugs. The consultant pharmacist may also be responsible for
8 ordering and evaluating any laboratory or clinical testing
9 when, in the judgment of the consultant pharmacist, such
10 activity is necessary for the proper performance of the
11 consultant pharmacist's responsibilities. Such laboratory or
12 clinical testing may be ordered only with regard to patients
13 residing in a nursing home facility, and then only when
14 authorized by the medical director of the nursing home
15 facility. The consultant pharmacist must have completed such
16 additional training and demonstrate such additional
17 qualifications in the practice of institutional pharmacy as
18 shall be required by the board of Pharmacy in addition to
19 licensure as a registered pharmacist. The board shall
20 promulgate rules necessary to implement and administer this
21 section.
22 (2) Notwithstanding the provisions of subsection (1),
23 a consultant pharmacist or a doctor of pharmacy licensed in
24 this state may also be responsible for ordering and evaluating
25 any laboratory or clinical testing for persons under the care
26 of a licensed home health agency when, in the judgment of the
27 consultant pharmacist or doctor of pharmacy, such activity is
28 necessary for the proper performance of his or her
29 responsibilities and only when authorized by a practitioner
30 licensed under chapter 458, chapter 459, chapter 461, or
31 chapter 466. In order for the consultant pharmacist or doctor
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1 of pharmacy to qualify and accept this authority, he or she
2 must receive 3 hours of continuing education relating to
3 laboratory and clinical testing as established by the board.
4 (3) The board shall promulgate rules necessary to
5 implement and administer this section.
6 Section 90. Subsection (1) of section 465.0156,
7 Florida Statutes, is amended to read:
8 465.0156 Registration of nonresident pharmacies.--
9 (1) Any pharmacy which is located outside this state
10 and which ships, mails, or delivers, in any manner, a
11 dispensed medicinal drug into this state shall be considered a
12 nonresident pharmacy, shall be registered with the board,
13 shall provide pharmacy services at a high level of protection
14 and competence, and shall disclose to the board the following
15 specific information:
16 (a) That it maintains at all times a valid, unexpired
17 license, permit, or registration to operate the pharmacy in
18 compliance with the laws of the state in which the dispensing
19 facility is located and from which the medicinal drugs shall
20 be dispensed;
21 (b) The location, names, and titles of all principal
22 corporate officers and the pharmacist who serves as the
23 prescription department manager for all pharmacists who are
24 dispensing medicinal drugs to residents of this state. This
25 disclosure shall be made on an annual basis and within 30 days
26 after any change of office location, corporate officer, or
27 pharmacist serving as the prescription department manager for
28 dispensing medicinal drugs to residents of this state;
29 (c) That it complies with all lawful directions and
30 requests for information from the regulatory or licensing
31 agency of all states in which it is licensed as well as with
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1 all requests for information made by the board pursuant to
2 this section. It shall respond directly to all communications
3 from the board concerning emergency circumstances arising from
4 errors in the dispensing of medicinal drugs to the residents
5 of this state;
6 (d) That it maintains its records of medicinal drugs
7 dispensed to patients in this state so that the records are
8 readily retrievable from the other business records of the
9 pharmacy and from the records of other medicinal drugs
10 dispensed; and
11 (e) That during its regular hours of operation but not
12 less than 6 days per week, for a minimum of 40 hours per week,
13 a toll-free telephone service shall be provided to facilitate
14 communication between patients in this state and a pharmacist
15 at the pharmacy who has access to the patient's records. This
16 toll-free number must be disclosed on the label affixed to
17 each container of dispensed medicinal drugs.
18 Section 91. Paragraph (o) of subsection (1) and
19 paragraph (e) of subsection (2) of section 465.016, Florida
20 Statutes, are amended to read:
21 465.016 Disciplinary actions.--
22 (1) The following acts shall be grounds for
23 disciplinary action set forth in this section:
24 (o) 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 pharmacist 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 pharmacist also
2 provides services.
3 (2) When the board finds any person guilty of any of
4 the grounds set forth in subsection (1), it may enter an order
5 imposing one or more of the following penalties:
6 (e) Placement of the pharmacist on probation for a
7 period of time and subject to such conditions as the board may
8 specify, including, but not limited to, requiring the
9 pharmacist to submit to treatment, to attend continuing
10 education courses, to submit to reexamination, or to work
11 under the supervision of another pharmacist.
12 Section 92. Section 465.0196, Florida Statutes, is
13 amended to read:
14 465.0196 Special pharmacy permits.--Any person
15 desiring a permit to operate a pharmacy which does not fall
16 within the definitions set forth in s. 465.003(10)(a)1.,
17 2.(b), and 3.(c) shall apply to the department for a special
18 pharmacy permit. If the board certifies that the application
19 complies with the applicable laws and rules of the board
20 governing the practice of the profession of pharmacy, the
21 department shall issue the permit. No permit shall be issued
22 unless a licensed pharmacist is designated to undertake the
23 professional supervision of the compounding and dispensing of
24 all drugs dispensed by the pharmacy. The licensed pharmacist
25 shall be responsible for maintaining all drug records and for
26 providing for the security of the area in the facility in
27 which the compounding, storing, and dispensing of medicinal
28 drugs occurs. The permittee shall notify the department
29 within 10 days of any change of the licensed pharmacist
30 responsible for such duties.
31
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1 Section 93. Section 465.026, Florida Statutes, is
2 amended to read:
3 465.026 Filling of certain prescriptions.--Nothing
4 contained in this chapter shall be construed to prohibit a
5 pharmacist licensed in this state from filling or refilling a
6 valid prescription which is on file in a pharmacy located in
7 this state or in another state and has been transferred from
8 one pharmacy to another by any means, including any electronic
9 means transfer by way of electronic data processing equipment,
10 under the following conditions:
11 (1) Prior to dispensing any transferred pursuant to
12 any such prescription, the dispensing pharmacist must, either
13 verbally or by any electronic means, do all of the following
14 shall:
15 (a) Advise the patient that the prescription on file
16 at the such other pharmacy must be canceled before it may be
17 filled or refilled he will be able to fill or refill it.
18 (b) Determine from the requested pharmacist that the
19 prescription is valid and on file at the such other pharmacy
20 and that the such prescription may be filled or refilled, as
21 requested, in accordance with the prescriber's intent
22 expressed on the such prescription.
23 (c) Notify the pharmacist or at the pharmacy where the
24 prescription is on file that the prescription must be
25 canceled.
26 (d) Record in writing, or by any electronic means, or
27 cause to be recorded by data processing equipment the
28 prescription order, the name of the pharmacy at which the
29 prescription was on file, the prescription number, the name of
30 the drug and the original amount dispensed, the date of
31
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1 original dispensing, and the number of remaining authorized
2 refills.
3 (e) Obtain the consent of the prescriber to the
4 refilling of the prescription when the prescription, in the
5 dispensing pharmacist's professional judgment of the
6 dispensing pharmacist, so requires. Any interference with the
7 professional judgment of the dispensing pharmacist by any
8 pharmacist or pharmacy permittee, or its agents, or employees,
9 shall be grounds for discipline revocation or suspension of
10 the permit issued to the pharmacy.
11 (2) Upon receipt of a request for prescription
12 transfer request information set forth in paragraph (1)(d), if
13 the requested pharmacist is satisfied in his professional
14 judgment that the such request is valid, or if the request has
15 been validated by any electronic means, the requested
16 pharmacist or pharmacy must do all of the following shall:
17 (a) Transfer the information required by paragraph
18 (1)(d) Provide such information accurately and completely.
19 (b) Record on the prescription, or by any electronic
20 means, or record with data processing equipment the name of
21 the requesting pharmacy and pharmacist and the date of
22 request.
23 (c) Cancel the prescription on file by electronic
24 means or by recording the word "void" on the prescription
25 record. No further prescription information shall be given or
26 medication dispensed pursuant to the said original
27 prescription.
28 (3) If a transferred prescription is not dispensed
29 within a reasonable time, the pharmacist shall, by any means,
30 so notify the transferring pharmacy. In the event that, after
31 the information set forth in paragraph (1)(d) has been
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1 provided, a prescription is not dispensed by the requesting
2 pharmacist, then such pharmacist shall provide notice of this
3 fact to the pharmacy from which said information was obtained;
4 Such notice shall serve to revalidate the canceled voided
5 prescription. The pharmacist who has served such notice shall
6 then cancel the prescription in the same manner as set forth
7 in paragraph (2)(c).
8 (4) In the case of a prescription to be transferred
9 from or to a pharmacy located in another outside of the state,
10 it shall be the responsibility of the pharmacist or pharmacy
11 located in the State of Florida to verify, whether by
12 electronic means or otherwise, assure that the person or
13 entity involved in the performing the act of transfer is a
14 licensed pharmacist or pharmacy in the other state from
15 outside the state is a practitioner licensed to practice
16 pharmacy in the jurisdiction wherein the non-Florida pharmacy
17 involved is located.
18 (5) Electronic transfers of prescriptions are
19 permitted regardless of whether the transferor or transferee
20 pharmacy is open for business.
21 (6)(5) The transfer of a prescription for medicinal
22 drugs listed in Schedules III, IV, and V appearing in chapter
23 893 for the purpose of refill dispensing is permissible,
24 between pharmacies on a one-time basis subject to the
25 requirements of this section and federal law. Compliance with
26 federal law shall be deemed compliance with the requirements
27 of this section.
28 Section 94. 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 95. Subsection (1) of section 465.186, Florida
28 Statutes, is amended to read:
29 465.186 Pharmacist's order for medicinal drugs;
30 dispensing procedure; development of formulary.--
31
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1 (1) There is hereby created a committee composed of
2 two members of the Board of Medicine licensed under chapter
3 458 chosen by said board, one member of the Board of
4 Osteopathic Medicine licensed under chapter 459 chosen by said
5 board, three members of the Board of Pharmacy licensed under
6 this chapter and chosen by said board, and one additional
7 person with a background in health care or pharmacology chosen
8 by the committee. The committee shall establish a formulary
9 of medicinal drug products and dispensing procedures which
10 shall be used by a pharmacist when ordering and dispensing
11 such drug products to the public. Dispensing procedures may
12 include matters related to reception of patient, description
13 of his or her condition, patient interview, patient physician
14 referral, product selection, and dispensing and use
15 limitations. In developing the formulary of medicinal drug
16 products, the committee may include products falling within
17 the following categories:
18 (a) Any medicinal drug of single or multiple active
19 ingredients in any strengths when such active ingredients have
20 been approved individually or in combination for
21 over-the-counter sale by the United States Food and Drug
22 Administration.
23 (b) Any medicinal drug recommended by the United
24 States Food and Drug Administration Advisory Panel for
25 transfer to over-the-counter status pending approval by the
26 United States Food and Drug Administration.
27 (c) Any medicinal drug containing any antihistamine or
28 decongestant as a single active ingredient or in combination.
29 (d) Any medicinal drug containing fluoride in any
30 strength.
31
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1 (e) Any medicinal drug containing lindane in any
2 strength.
3 (f) Any over-the-counter proprietary drug under
4 federal law that has been approved for reimbursement by the
5 Florida Medicaid Program.
6 (g) Any topical anti-infectives excluding eye and ear
7 topical anti-infectives.
8
9 However, any drug which is sold as an over-the-counter
10 proprietary drug under federal law shall not be included in
11 the formulary or otherwise affected by this section.
12 Section 96. Paragraph (iii) is added to subsection (4)
13 of section 893.03, Florida Statutes, 1996 Supplement, to read:
14 893.03 Standards and schedules.--The substances
15 enumerated in this section are controlled by this chapter.
16 The controlled substances listed or to be listed in Schedules
17 I, II, III, IV, and V are included by whatever official,
18 common, usual, chemical, or trade name designated. The
19 provisions of this section shall not be construed to include
20 within any of the schedules contained in this section any
21 excluded drugs listed within the purview of 21 C.F.R. s.
22 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
23 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
24 styled "Exempted Prescription Products"; or 21 C.F.R. s.
25 1308.34, styled "Exempt Anabolic Steroid Products."
26 (4) SCHEDULE IV.--A substance in Schedule IV has a low
27 potential for abuse relative to the substances in Schedule III
28 and has a currently accepted medical use in treatment in the
29 United States, and abuse of the substance may lead to limited
30 physical or psychological dependence relative to the
31 substances in Schedule III. Unless specifically excepted or
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1 unless listed in another schedule, any material, compound,
2 mixture, or preparation which contains any quantity of the
3 following substances, including its salts, isomers, and salts
4 of isomers whenever the existence of such salts, isomers, and
5 salts of isomers is possible within the specific chemical
6 designation, are controlled in Schedule IV:
7 (iii) Butorphanol tartrate.
8 Section 97. For the purpose of incorporating the
9 amendment to section 893.03, Florida Statutes, 1996
10 Supplement, in references thereto, subsection (5) of section
11 316.193, Florida Statutes, 1996 Supplement, is reenacted to
12 read:
13 316.193 Driving under the influence; penalties.--
14 (5) The court shall place any offender convicted of
15 violating this section on monthly reporting probation and
16 shall require attendance at a substance abuse course licensed
17 by the department; and the agency conducting the course may
18 refer the offender to an authorized service provider for
19 substance abuse evaluation and treatment, in addition to any
20 sentence or fine imposed under this section. The offender
21 shall assume reasonable costs for such education, evaluation,
22 and treatment, with completion of all such education,
23 evaluation, and treatment being a condition of reporting
24 probation. Treatment resulting from a psychosocial evaluation
25 may not be waived without a supporting psychosocial evaluation
26 conducted by an agency appointed by the court and with access
27 to the original evaluation. The offender shall bear the cost
28 of this procedure. The term "substance abuse" means the abuse
29 of alcohol or any substance named or described in Schedules I
30 through V of s. 893.03. If an offender referred to treatment
31 under this subsection fails to report for or complete such
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1 treatment or fails to complete the substance abuse education
2 course, the DUI program shall notify the court and the
3 department of the failure. Upon receipt of the notice, the
4 department shall cancel the offender's driving privilege. The
5 department shall reinstate the driving privilege when the
6 offender completes the substance abuse education course or
7 enters treatment required under this subsection. The
8 organization that conducts the substance abuse education and
9 evaluation may not provide required substance abuse treatment
10 unless a waiver has been granted to that organization by the
11 department. A waiver may be granted only if the department
12 determines, in accordance with its rules, that the service
13 provider that conducts the substance abuse education and
14 evaluation is the most appropriate service provider and is
15 licensed under chapter 397 or is exempt from such licensure.
16 All DUI treatment programs providing treatment services on
17 January 1, 1994, shall be allowed to continue to provide such
18 services until the department determines whether a waiver
19 should be granted. A statistical referral report shall be
20 submitted quarterly to the department by each organization
21 authorized to provide services under this section.
22 Section 98. For the purpose of incorporating the
23 amendment to section 893.03, Florida Statutes, 1996
24 Supplement, in references thereto, subsection (5) of section
25 327.35, Florida Statutes, 1996 Supplement, is reenacted to
26 read:
27 327.35 Boating under the influence; penalties.--
28 (5) In addition to any sentence or fine, the court
29 shall place any offender convicted of violating this section
30 on monthly reporting probation and shall require attendance at
31 a substance abuse course specified by the court; and the
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1 agency conducting the course may refer the offender to an
2 authorized service provider for substance abuse evaluation and
3 treatment, in addition to any sentence or fine imposed under
4 this section. The offender shall assume reasonable costs for
5 such education, evaluation, and treatment, with completion of
6 all such education, evaluation, and treatment being a
7 condition of reporting probation. Treatment resulting from a
8 psychosocial evaluation may not be waived without a supporting
9 psychosocial evaluation conducted by an agency appointed by
10 the court and with access to the original evaluation. The
11 offender shall bear the cost of this procedure. The term
12 "substance abuse" means the abuse of alcohol or any substance
13 named or described in Schedules I through V of s. 893.03.
14 Section 99. For the purpose of incorporating the
15 amendment to section 893.03, Florida Statutes, 1996
16 Supplement, in references thereto, paragraph (b) of subsection
17 (11) of section 440.102, Florida Statutes, 1996 Supplement, is
18 reenacted to read:
19 440.102 Drug-free workplace program requirements.--The
20 following provisions apply to a drug-free workplace program
21 implemented pursuant to law or to rules adopted by the Agency
22 for Health Care Administration:
23 (11) PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR
24 SPECIAL-RISK POSITIONS.--
25 (b) An employee who is employed by a public employer
26 in a special-risk position may be discharged or disciplined by
27 a public employer for the first positive confirmed test result
28 if the drug confirmed is an illicit drug under s. 893.03. A
29 special-risk employee who is participating in an employee
30 assistance program or drug rehabilitation program may not be
31 allowed to continue to work in any special-risk or
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1 safety-sensitive position of the public employer, but may be
2 assigned to a position other than a safety-sensitive position
3 or placed on leave while the employee is participating in the
4 program. However, the employee shall be permitted to use any
5 accumulated annual leave credits before leave may be ordered
6 without pay.
7 Section 100. For the purpose of incorporating the
8 amendment to section 893.03, Florida Statutes, 1996
9 Supplement, in references thereto, subsection (3) of section
10 458.326, Florida Statutes, is reenacted to read:
11 458.326 Intractable pain; authorized treatment.--
12 (3) Notwithstanding any other provision of law, a
13 physician may prescribe or administer any controlled substance
14 under Schedules II-V, as provided for in s. 893.03, to a
15 person for the treatment of intractable pain, provided the
16 physician does so in accordance with that level of care,
17 skill, and treatment recognized by a reasonably prudent
18 physician under similar conditions and circumstances.
19 Section 101. For the purpose of incorporating the
20 amendment to section 893.03, Florida Statutes, 1996
21 Supplement, in references thereto, subsection (1) of section
22 817.563, Florida Statutes, is reenacted to read:
23 817.563 Controlled substance named or described in s.
24 893.03; sale of substance in lieu thereof.--It is unlawful for
25 any person to agree, consent, or in any manner offer to
26 unlawfully sell to any person a controlled substance named or
27 described in s. 893.03 and then sell to such person any other
28 substance in lieu of such controlled substance. Any person who
29 violates this section with respect to:
30 (1) A controlled substance named or described in s.
31 893.03(1), (2), (3), or (4) is guilty of a felony of the third
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 Section 102. For the purpose of incorporating the
4 amendment to section 893.03, Florida Statutes, 1996
5 Supplement, in references thereto, section 831.31, Florida
6 Statutes, is reenacted to read:
7 831.31 Counterfeit controlled substance; sale,
8 manufacture, delivery, or possession with intent to sell,
9 manufacture, or deliver.--
10 (1) It is unlawful for any person to sell,
11 manufacture, or deliver, or to possess with intent to sell,
12 manufacture, or deliver, a counterfeit controlled substance.
13 Any person who violates this subsection with respect to:
14 (a) A controlled substance named or described in s.
15 893.03(1), (2), (3), or (4) is guilty of a felony of the third
16 degree, punishable as provided in s. 775.082, s. 775.083, or
17 s. 775.084.
18 (2) For purposes of this section, "counterfeit
19 controlled substance" means:
20 (a) A controlled substance named or described in s.
21 893.03 which, or the container or labeling of which, without
22 authorization bears the trademark, trade name, or other
23 identifying mark, imprint, or number, or any likeness thereof,
24 of a manufacturer other than the person who in fact
25 manufactured the controlled substance; or
26 (b) Any substance which is falsely identified as a
27 controlled substance named or described in s. 893.03.
28 Section 103. For the purpose of incorporating the
29 amendment to section 893.03, Florida Statutes, 1996
30 Supplement, in references thereto, paragraph (d) of subsection
31
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1 (1) of section 856.015, Florida Statutes, is reenacted to
2 read:
3 856.015 Open house parties.--
4 (1) Definitions.--As used in this section:
5 (d) "Drug" means a controlled substance, as that term
6 is defined in ss. 893.02(4) and 893.03.
7 Section 104. For the purpose of incorporating the
8 amendment to section 893.03, Florida Statutes, 1996
9 Supplement, in references thereto, subsection (4) of section
10 893.02, Florida Statutes, is reenacted to read:
11 893.02 Definitions.--The following words and phrases
12 as used in this chapter shall have the following meanings,
13 unless the context otherwise requires:
14 (4) "Controlled substance" means any substance named
15 or described in Schedules I through V of s. 893.03. Laws
16 controlling the manufacture, distribution, preparation,
17 dispensing, or administration of such substances are drug
18 abuse laws.
19 Section 105. For the purpose of incorporating the
20 amendment to section 893.03, Florida Statutes, 1996
21 Supplement, in references thereto, paragraph (b) of subsection
22 (1) of section 893.08, Florida Statutes, is reenacted to read:
23 893.08 Exceptions.--
24 (1) The following may be distributed at retail without
25 a prescription, but only by a registered pharmacist:
26 (b) Any compound, mixture, or preparation containing
27 any depressant or stimulant substance described in s.
28 893.03(2)(a) or (c) except any amphetamine drug or
29 sympathomimetic amine drug or compound designated as a
30 Schedule II controlled substance pursuant to this chapter; in
31 s. 893.03(3)(a); or in Schedule IV, if:
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1 1. The compound, mixture, or preparation contains one
2 or more active medicinal ingredients not having depressant or
3 stimulant effect on the central nervous system, and
4 2. Such ingredients are included therein in such
5 combinations, quantity, proportion, or concentration as to
6 vitiate the potential for abuse of the controlled substances
7 which do have a depressant or stimulant effect on the central
8 nervous system.
9 Section 106. For the purpose of incorporating the
10 amendment to section 893.03, Florida Statutes, 1996
11 Supplement, in references thereto, paragraphs (a), (c), and
12 (d) of subsection (1), paragraph (a) of subsection (2),
13 paragraph (b) of subsection (4), and paragraph (b) of
14 subsection (5) of section 893.13, Florida Statutes, 1996
15 Supplement, are reenacted to read:
16 893.13 Prohibited acts; penalties.--
17 (1)(a) Except as authorized by this chapter and
18 chapter 499, it is unlawful for any person to sell,
19 manufacture, or deliver, or possess with intent to sell,
20 manufacture, or deliver, a controlled substance. Any person
21 who violates this provision with respect to:
22 1. A controlled substance named or described in s.
23 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
24 felony of the second degree, punishable as provided in s.
25 775.082, s. 775.083, or s. 775.084.
26 2. A controlled substance named or described in s.
27 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
28 third degree, punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084.
30
31
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1 3. A controlled substance named or described in s.
2 893.03(5) commits a misdemeanor of the first degree,
3 punishable as provided in s. 775.082 or s. 775.083.
4 (c) Except as authorized by this chapter, it is
5 unlawful for any person to sell, manufacture, or deliver, or
6 possess with intent to sell, manufacture, or deliver a
7 controlled substance in, on, or within 1,000 feet of the real
8 property comprising a public or private elementary, middle, or
9 secondary school between the hours of 6 a.m. and 12 a.m. Any
10 person who violates this paragraph with respect to:
11 1. A controlled substance named or described in s.
12 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
13 felony of the first degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084 and must be sentenced to a
15 minimum term of imprisonment of 3 calendar years.
16 2. A controlled substance named or described in s.
17 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
18 second degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084.
20 3. Any other controlled substance, except as lawfully
21 sold, manufactured, or delivered, must be sentenced to pay a
22 $500 fine and to serve 100 hours of public service in addition
23 to any other penalty prescribed by law.
24 (d) Except as authorized by this chapter, it is
25 unlawful for any person to sell, manufacture, or deliver, or
26 possess with intent to sell, manufacture, or deliver, a
27 controlled substance in, on, or within 200 feet of the real
28 property comprising a public housing facility, within 200 feet
29 of the real property comprising a public or private college,
30 university, or other postsecondary educational institution, or
31
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1 within 200 feet of any public park. Any person who violates
2 this paragraph with respect to:
3 1. A controlled substance named or described in s.
4 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
5 felony of the first degree, punishable as provided in s.
6 775.082, s. 775.083, or s. 775.084.
7 2. A controlled substance named or described in s.
8 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
9 second degree, punishable as provided in s. 775.082, s.
10 775.083, or s. 775.084.
11 3. Any other controlled substance, except as lawfully
12 sold, manufactured, or delivered, must be sentenced to pay a
13 $500 fine and to serve 100 hours of public service in addition
14 to any other penalty prescribed by law.
15 (2)(a) Except as authorized by this chapter and
16 chapter 499, it is unlawful for any person to purchase, or
17 possess with intent to purchase, a controlled substance. Any
18 person who violates this provision with respect to:
19 1. A controlled substance named or described in s.
20 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
21 felony of the second degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 2. A controlled substance named or described in s.
24 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
25 third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 3. A controlled substance named or described in s.
28 893.03(5) commits a misdemeanor of the first degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30 (4) Except as authorized by this chapter, it is
31 unlawful for any person 18 years of age or older to deliver
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1 any controlled substance to a person under the age of 18
2 years, or to use or hire a person under the age of 18 years as
3 an agent or employee in the sale or delivery of such a
4 substance, or to use such person to assist in avoiding
5 detection or apprehension for a violation of this chapter.
6 Any person who violates this provision with respect to:
7 (b) A controlled substance named or described in s.
8 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
9 second degree, punishable as provided in s. 775.082, s.
10 775.083, or s. 775.084.
11
12 Imposition of sentence may not be suspended or deferred, nor
13 shall the person so convicted be placed on probation.
14 (5) It is unlawful for any person to bring into this
15 state any controlled substance unless the possession of such
16 controlled substance is authorized by this chapter or unless
17 such person is licensed to do so by the appropriate federal
18 agency. Any person who violates this provision with respect
19 to:
20 (b) A controlled substance named or described in s.
21 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
22 third degree, punishable as provided in s. 775.082, s.
23 775.083, or s. 775.084.
24 Section 107. Subsection (7) of section 466.003,
25 Florida Statutes, is amended to read:
26 466.003 Definitions.--As used in this chapter:
27 (7) "Department" means the Department of Health
28 Business and Professional Regulation.
29 Section 108. Subsection (3) of section 466.006,
30 Florida Statutes, is amended to read:
31 466.006 Examination of dentists.--
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1 (3) If an applicant is a graduate of a dental college
2 or school not accredited in accordance with paragraph (2)(b)
3 or of a dental college or school not approved by the board, he
4 shall not be entitled to take the examinations required in
5 this section to practice dentistry until he meets the
6 following requirements:
7 (a) Furnishes evidence to the board of a score on the
8 examination of the National Board of Dental Examiners taken
9 within 10 years of the date of application, which score is at
10 least equal to the minimum score required for certification by
11 that board. If the applicant fails to attain the score needed
12 for certification on part I of the national board examination
13 in two attempts, or fails to attain the score needed for
14 certification on part II of the national board examination in
15 two attempts, he shall not be entitled to take the laboratory
16 model examination authorized in paragraph (c).
17 (b) Submits, upon meeting the requirements of
18 paragraph (a), the following credentials for review by the
19 board:
20 1. Transcripts of predental education and dental
21 education totaling 7 academic years of postsecondary
22 education, including 4 academic years of dental education; and
23 2. A dental school diploma.
24
25 The board shall not review the credentials specified in this
26 paragraph until the applicant has furnished to the board
27 evidence of satisfactory completion of the National Board of
28 Dental Examiners examination as required by paragraph (a).
29 Such credentials shall be submitted in a manner provided by
30 rule of the board. The board shall approve those credentials
31 which comply with this paragraph and with rules of the board
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1 adopted pursuant hereto. The provisions of this paragraph
2 notwithstanding, an applicant who cannot produce the
3 credentials required by this paragraph as a result of
4 political or other conditions in the country in which he
5 received his education may seek approval by the board of his
6 educational background prior to complying with the provisions
7 of paragraph (a) by submitting such other reasonable and
8 reliable evidence as may be set forth by rule of the board in
9 lieu of the credentials required in this paragraph. The board
10 shall not accept such alternative evidence until it has made a
11 reasonable attempt to obtain the credentials required by this
12 paragraph from the educational institutions the applicant is
13 alleged to have attended, unless the board is otherwise
14 satisfied that such credentials cannot be obtained.
15 (c) satisfies one of the following:
16 (a)1. Completes a program of study, as defined by the
17 board by rule, at an accredited American dental school and
18 demonstrates receipt of a D.D.S. or D.M.D. from said school;
19 or
20 (b)2. Completes a 2-year supplemental dental education
21 program at an accredited dental school and receives a dental
22 diploma, degree, or certificate as evidence of program
23 completion.; or
24 3. Exhibits manual skills on a laboratory model
25 pursuant to rules of the board. The board may charge a
26 reasonable fee, not to exceed $250, to cover the costs of
27 administering the exhibition of competency in manual skills.
28 If the applicant fails to exhibit competent clinical skills in
29 two attempts, he shall not be entitled to take the
30 examinations authorized in subsection (4). Effective December
31 31, 1991, no applicant may fulfill the requirements of this
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1 paragraph by taking the laboratory model exam. On or after
2 said date, applicants must complete the educational
3 requirements set forth in subparagraph 1. or subparagraph 2.
4
5 The provisions of paragraph (a) and subparagraph (c)3.
6 notwithstanding, an applicant who is a graduate of a dental
7 college or school not accredited in accordance with paragraph
8 (2)(b) and who has failed to pass part I or part II of the
9 national board examination in two attempts may take the
10 laboratory model exam required in subparagraph (c)3. if the
11 board finds that he has taken remedial training in the subject
12 areas in which he tested below standard on said national board
13 examination and that he has subsequently passed that part of
14 such exam which he had previously failed, provided that no
15 applicant shall be entitled to this exception who fails either
16 part of the national board examination a total of three times.
17 Further, an applicant who has failed to pass the laboratory
18 model exam required in subparagraph (c)3. in two attempts may
19 be allowed by the board to make a third and final attempt if
20 the board finds that he has taken remedial training in
21 clinical subjects in which he tested below standard. Upon
22 passing said laboratory model exam, the applicant may take the
23 licensure examinations required in subsection (4). Further,
24 the educational requirements found in subparagraph (b)1. do
25 not apply to persons who began dental education prior to
26 October 1, 1983, and such persons shall be governed by the
27 educational requirements in existence on September 30, 1983.
28 Section 109. Section 466.017, Florida Statutes, is
29 amended to read:
30 466.017 Prescription of drugs; anesthesia.--
31
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1 (1) A dentist shall have the right to prescribe drugs
2 or medicine, subject to limitations imposed by law; perform
3 surgical operations within the scope of his practice and
4 training; administer general or local anesthesia or sedation,
5 subject to limitations imposed by law; and use such appliances
6 as may be necessary to the proper practice of dentistry.
7 (2) Pharmacists licensed pursuant to chapter 465 may
8 fill prescriptions of legally licensed dentists in this state
9 for any drugs necessary for the practice of dentistry.
10 (3) The board shall adopt rules which:
11 (a) Define general anesthesia.
12 (b) Specify which methods of general or local
13 anesthesia or sedation, if any, are limited or prohibited for
14 use by dentists.
15 (c) Establish minimal training, education, experience,
16 or certification for a dentist to use general anesthesia or
17 sedation, which rules may exclude, in the board's discretion,
18 those dentists using general anesthesia or sedation in a
19 competent and effective manner as of the effective date of the
20 rules.
21 (d) Establish further requirements relating to the use
22 of general anesthesia or sedation, including, but not limited
23 to, office equipment and the training of dental assistants or
24 dental hygienists who work with dentists using general
25 anesthesia or sedation.
26 (e) Establish an administrative mechanism enabling the
27 board to verify compliance with training, education,
28 experience, equipment, or certification requirements of
29 dentists, dental hygienists, and dental assistants adopted
30 pursuant to this subsection. The board may charge a fee to
31
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1 defray the cost of verifying compliance with requirements
2 adopted pursuant to this paragraph.
3 (4)(a) A licensed dentist who has been utilizing
4 general anesthesia on a regular and routine basis in a
5 competent and effective manner for a 10-year period preceding
6 January 1, 1980, shall be deemed to have fulfilled the
7 training requirements required by subsection (3) for general
8 anesthesia.
9 (b) A licensed dentist who has been utilizing
10 parenteral conscious sedation on an outpatient basis on a
11 regular and routine basis in a competent and effective manner
12 for the 3-year period preceding January 1, 1980, shall be
13 deemed to have fulfilled the training requirements required by
14 subsection (3) for parenteral conscious sedation.
15 (4)(5) A dentist who administers or employs the use of
16 any form of anesthesia must possess a certification in either
17 basic cardiopulmonary resuscitation for health professionals
18 or advanced cardiac life support approved by the American
19 Heart Association or the American Red Cross or an equivalent
20 agency-sponsored course with recertification every 2 years.
21 Each dental office which uses any form of anesthesia must have
22 immediately available and in good working order such
23 resuscitative equipment, oxygen, and other resuscitative drugs
24 as are specified by rule of the board in order to manage
25 possible adverse reactions.
26 (5)(6) A licensed dentist may utilize an X-ray
27 machine, expose dental X-ray films, and interpret or read such
28 films. The provisions of part IV of chapter 468 to the
29 contrary notwithstanding, a licensed dentist may authorize or
30 direct a dental assistant to operate such equipment and expose
31 such films under his direction and supervision, pursuant to
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1 rules adopted by the board in accordance with s. 466.024 which
2 ensure that said assistant is competent by reason of training
3 and experience to operate said equipment in a safe and
4 efficient manner. The board may charge a fee not to exceed
5 $35 to defray the cost of verifying compliance with
6 requirements adopted pursuant to this section.
7 (6)(7) The provisions of s. 465.0276 notwithstanding,
8 a dentist need not register with the board or comply with the
9 continuing education requirements of that section if the
10 dentist confines his dispensing activity to the dispensing of
11 fluorides and chlorohexidine rinse solutions; provided that
12 the dentist complies with and is subject to all laws and rules
13 applicable to pharmacists and pharmacies, including, but not
14 limited to, chapters 465, 499, and 893, and all applicable
15 federal laws and regulations, when dispensing such products.
16 Section 110. Paragraphs (r) and (hh) of subsection (1)
17 of section 466.028, Florida Statutes, are amended to read:
18 466.028 Grounds for disciplinary action; action by the
19 board.--
20 (1) The following acts shall constitute grounds for
21 which the disciplinary actions specified in subsection (2) may
22 be taken:
23 (r) Prescribing, procuring, ordering, dispensing,
24 administering, supplying, selling, or giving any drug which is
25 a Schedule II an amphetamine or a Schedule II sympathomimetic
26 amine drug or a compound thereof designated as a Schedule II
27 controlled substance, pursuant to chapter 893, to or for any
28 person except for the clinical investigation of the effects of
29 such drugs or compounds when an investigative protocol
30 therefor is submitted to, and reviewed and approved by, the
31 board before such investigation is begun.
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1 (hh) Failing to report to the department Division of
2 Medical Quality Assurance any licensee physician licensed
3 under chapter 458 or osteopathic physician licensed under
4 chapter 459 who the dentist knows has violated the grounds for
5 disciplinary action set out in the law under which that person
6 physician or osteopathic physician is licensed and who
7 provides health care services in a facility licensed under
8 chapter 395, or a health maintenance organization certificated
9 under part I of chapter 641, in which the dentist also
10 provides services.
11 Section 111. Subsection (2) of section 468.1115,
12 Florida Statutes, is amended to read:
13 468.1115 Exemptions.--
14 (2) The provisions of this part shall not apply to:
15 (a) Students actively engaged in a training program,
16 if such persons are acting under the direct supervision of a
17 licensed speech-language pathologist or a licensed
18 audiologist.
19 (b) Persons practicing a licensed profession or
20 operating within the scope of their profession, such as
21 doctors of medicine, clinical psychologists, nurses, or
22 hearing aid specialists, who are properly licensed under the
23 laws of this state.
24 (c) Persons certified in the areas of speech-language
25 impairment or hearing impairment A person licensed in this
26 state under chapter 231 when engaging in the profession for
27 which they are certified he is licensed, or any person under
28 the direct supervision of such a certified person, or of a
29 licensee under this chapter, when the person under such
30 supervision is performing hearing screenings in a school
31 setting for prekindergarten through grade 12 the licensee when
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1 rendering services within the scope of the profession of the
2 licensee.
3 (d) Laryngectomized individuals, rendering guidance
4 and instruction to other laryngectomized individuals, who are
5 under the supervision of a speech-language pathologist
6 licensed under this part or of a physician licensed under
7 chapter 458 or chapter 459 and qualified to perform this
8 surgical procedure.
9 (e) Persons licensed by another state as a
10 speech-language pathologist or audiologist who provide
11 services within the applicable scope of practice set forth in
12 s. 468.1125(6) or (7) for no more than 5 calendar days per
13 month or 15 calendar days per year under the direct
14 supervision of a Florida-licensed speech-language pathologist
15 or audiologist. A person whose state of residence does not
16 license speech-language pathologists or audiologists may also
17 qualify for this exemption, if the person holds a certificate
18 of clinical competence from the American Speech-Language and
19 Hearing Association and meets all other requirements of this
20 paragraph. In either case, the board shall hold the
21 supervising Florida licensee fully accountable for the
22 services provided by the out-of-state licensee.
23 (f) Nonlicensed persons working in a hospital setting
24 who provide newborn infant hearing screenings, so long as
25 training, clinical interpretation of the screenings, and the
26 protocol for followup of infants who fail in-hospital
27 screenings are provided by a licensed audiologist.
28 Section 112. Subsection (5) of section 468.1125,
29 Florida Statutes, is amended to read:
30 468.1125 Definitions.--As used in this part, the term:
31
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1 (5) "Department" means the Department of Health
2 Business and Professional Regulation.
3 Section 113. Section 468.1155, Florida Statutes, is
4 amended to read:
5 468.1155 Provisional license; requirements.--
6 (1)(a) A provisional license shall be required of all
7 applicants who cannot document 9 months of supervised
8 professional employment experience and a passing score on the
9 national examination.
10 (b) Individuals who are required to hold a provisional
11 license under paragraph (a) shall apply to the department and
12 be certified by the board for licensure prior to initiating
13 the professional employment experience required pursuant to s.
14 468.1165. Any person desiring a provisional license to
15 practice speech-language pathology or audiology shall apply to
16 the department.
17 (2) The department shall issue a provisional license
18 to practice speech-language pathology to each applicant who
19 whom the board certifies has:
20 (a) Completed the application form and remitted the
21 required fees, including a nonrefundable application fee.
22 (b) Received a master's degree with a major emphasis
23 in speech-language pathology from an institution of higher
24 learning which, at the time the applicant was enrolled and
25 graduated, was accredited by an accrediting agency recognized
26 by the Commission on Recognition of Postsecondary
27 Accreditation or from an institution which is publicly
28 recognized as a member in good standing with the Association
29 of Universities and Colleges of Canada. An applicant who
30 graduated from a program at a university or college outside
31 the United States or Canada must shall present documentation
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1 of the determination of equivalency to standards established
2 programs accredited by the Commission on Recognition of
3 Postsecondary Accreditation in order to qualify. The
4 applicant must shall have completed a total of 60 semester
5 hours that which include:
6 1. Fundamental information applicable to the normal
7 development and use of speech, hearing, and language;, and
8 information about training in management of speech, hearing,
9 and language disorders;, and which provide information
10 supplementary to these fields.
11 2. Six semester hours in audiology.
12 3. Thirty of the required 60 these semester hours
13 shall be in courses acceptable toward a graduate degree by the
14 college or university in which these courses were taken,. of
15 which these 30 semester hours, 24 semester hours must shall be
16 in speech-language pathology.
17 (c) Completed 300 supervised clinical clock hours of
18 supervised clinical practice with 200 clock hours in the area
19 of speech-language pathology. The supervised clinical clock
20 hours practice shall be completed within the training
21 institution or one of its cooperating programs.
22 (3) The department shall issue a provisional license
23 to practice audiology to each applicant who whom the board
24 certifies has:
25 (a) Completed the application form and remitted the
26 required fees, including a nonrefundable application fee.
27 (b) Received a master's degree with a major emphasis
28 in audiology from an institution of higher learning which at
29 the time the applicant was enrolled and graduated was
30 accredited by an accrediting agency recognized by the
31 Commission on Recognition of Postsecondary Accreditation or
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1 from an institution which is publicly recognized as a member
2 in good standing with the Association of Universities and
3 Colleges of Canada. An applicant who graduated from a program
4 at a university or college outside the United States or Canada
5 must shall present documentation of the determination of
6 equivalency to standards established programs accredited by
7 the Commission on Recognition of Postsecondary Accreditation
8 in order to qualify. The applicant must shall have completed
9 a total of 60 semester hours that which include:
10 1. Fundamental information applicable to the normal
11 development and use of speech, hearing, and language;, and
12 information about training in management of speech, hearing,
13 and language disorders;, and which provide information
14 supplementary to these fields.
15 2. Six semester hours in speech-language pathology.
16 3. Thirty of the required 60 these semester hours
17 shall be in courses acceptable toward a graduate degree by the
18 college or university in which these courses were taken,. of
19 which these 30 semester hours, 24 semester hours must shall be
20 in audiology.
21 (c) Completed 300 supervised clinical clock hours of
22 supervised clinical practice with 200 clock hours in the area
23 of audiology. The supervised clinical clock hours practice
24 shall be completed within the training institution or one of
25 its cooperating programs.
26 (4) An applicant for a provisional license who has
27 received a master's degree with a major emphasis in
28 speech-language pathology as provided in subsection (2), or
29 audiology as provided in subsection (3), and who seeks
30 licensure in the area in which the applicant is not currently
31 licensed, must have completed 30 semester hours in courses
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1 acceptable toward a graduate degree and 200 supervised
2 clinical clock hours in the second discipline from an
3 accredited institution.
4 (5)(4) The board, by rule, shall establish
5 requirements for the renewal of a provisional license.
6 However, no person shall obtain a provisional license may not
7 exceed for a period of which exceeds 24 months.
8 Section 114. Paragraph (a) of subsection (2) and
9 subsection (3) of section 468.1185, Florida Statutes, are
10 amended to read:
11 468.1185 Licensure.--
12 (2) The board shall certify for licensure any
13 applicant who has:
14 (a) Satisfied the education and supervised clinical
15 clock hour practice requirements of s. 468.1155.
16 (3) The board shall certify as qualified for a license
17 by endorsement as a speech-language pathologist or audiologist
18 an applicant who:
19 (a) Holds a valid license or certificate in another
20 state or territory of the United States to practice the
21 profession for which the application for licensure is made, if
22 the criteria for issuance of such license were substantially
23 equivalent to or more stringent than the licensure criteria
24 which existed in this state at the time the license was
25 issued; or
26 (b) Has received the certificate of clinical
27 competence of the American Speech-Language and Hearing
28 Association.
29 Section 115. Section 468.1195, Florida Statutes, is
30 amended to read:
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1 468.1195 Renewal of license or certificate; continuing
2 education requirements; standards for approval of continuing
3 education providers.--
4 (1) The department shall renew a license or
5 certificate upon receipt of the renewal application, renewal
6 fee, and proof satisfactory to the board that, during the 2
7 years prior to the application for renewal, the licensee or
8 certificateholder has completed the participated in not less
9 than 20 hours of continuing education requirements established
10 by the board in each area of licensure or certification. A
11 licensee or certificateholder who receives initial licensure
12 or certification 6 months or less before the end of the
13 biennial licensure cycle is exempt from the continuing
14 education requirements for the first renewal of the license or
15 certificate.
16 (2) The department shall adopt rules establishing a
17 procedure for the biennial renewal of licenses and
18 certificates.
19 (3) The board may prescribe shall by rule prescribe
20 continuing education, not to exceed 60 hours biennially in
21 each area of licensure or certification, as a condition for
22 renewal of a license or a certificate. The board may
23 establish by rule standards for the approval of such
24 continuing education activities. The board may make exception
25 from the requirements of continuing education in emergency or
26 hardship cases.
27 (4) The board may establish by rule standards for the
28 approval of providers of continuing education activities.
29 Section 116. Section 468.1201, Florida Statutes, is
30 created to read:
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1 468.1201 Requirement for instruction on human
2 immunodeficiency virus and acquired immune deficiency
3 syndrome.--The board shall require, as a condition of granting
4 a license under this part, that an applicant making initial
5 application for licensure complete an education course
6 acceptable to the board on human immunodeficiency virus and
7 acquired immune deficiency syndrome. An applicant who has not
8 taken a course at the time of licensure shall, upon submission
9 of an affidavit showing good cause, be allowed 6 months to
10 complete this requirement.
11 Section 117. Subsections (2), (3), and (4) of section
12 468.1215, Florida Statutes, are amended to read:
13 468.1215 Speech-language pathology assistant and
14 audiology assistant; certification.--
15 (2) The department shall issue a certificate as a
16 speech-language pathology assistant or as an audiology
17 assistant to each applicant who whom the board certifies has:
18 (a) Completed the application form and remitted the
19 required fees, including a nonrefundable application fee.
20 (b) Completed at least 24 semester hours of coursework
21 as approved by the board at an institution accredited by an
22 accrediting agency recognized by the Commission on Recognition
23 of Postsecondary Accreditation.
24 (3) The board, by rule, shall establish minimum
25 education and on-the-job training and supervision requirements
26 for certification as a speech-language pathology assistant or
27 audiology assistant.
28 (4) The provisions of this section shall not apply to
29 any student, intern, or trainee performing speech-language
30 pathology or audiology services while completing the
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1 supervised clinical clock hours experience as required in s.
2 468.1155.
3 Section 118. Subsection (2) of section 468.1245,
4 Florida Statutes, is amended to read:
5 468.1245 Itemized listing of prices; delivery of
6 hearing aid; receipt contract; guarantee; packaging;
7 disclaimer.--
8 (2) Any licensee who fits and sells a hearing aid
9 shall, at the time of delivery, provide the purchaser with a
10 receipt contract containing the seller's signature, the
11 address of his regular place of business, and his license or
12 certification number, if applicable, together with the brand,
13 model, manufacturer or manufacturer's identification code, and
14 serial number of the hearing aid furnished and the amount
15 charged for the hearing aid. The receipt contract also shall
16 specify whether the hearing aid is new, used, or rebuilt, and
17 shall specify the length of time and other terms of the
18 guarantee and by whom the hearing aid is guaranteed. When the
19 client has requested an itemized list of prices, the receipt
20 contract shall also provide an itemization of the total
21 purchase price, including, but not limited to, the cost of the
22 aid, ear mold, batteries, and other accessories, and the cost
23 of any services. Notice of the availability of this service
24 must shall be displayed in a conspicuous manner in the office.
25 The receipt also shall state that any complaint concerning the
26 hearing aid and its guarantee therefor, if not reconciled with
27 the licensee from whom the hearing aid was purchased, should
28 be directed by the purchaser to the department Agency for
29 Health Care Administration. The address and telephone number
30 of such office shall be stated on the receipt contract.
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1 Section 119. Section 468.1295, Florida Statutes, is
2 amended to read:
3 468.1295 Disciplinary proceedings.--
4 (1) The following acts constitute grounds for both
5 disciplinary actions as set forth in subsection (2) and cease
6 and desist or other related actions by the department as set
7 forth in s. 455.228:.
8 (a) Procuring or attempting to procure a license by
9 bribery, by fraudulent misrepresentation, or through an error
10 of the department or the board.
11 (b) Having a license revoked, suspended, or otherwise
12 acted against, including denial of licensure, by the licensing
13 authority of another state, territory, or country.
14 (c) Being convicted or found guilty of, or entering a
15 plea of nolo contendere to, regardless of adjudication, a
16 crime in any jurisdiction which directly relates to the
17 practice of speech-language pathology or audiology.
18 (d) Making or filing a report or record which the
19 licensee knows to be false, intentionally or negligently
20 failing to file a report or records required by state or
21 federal law, willfully impeding or obstructing such filing, or
22 inducing another person to impede or obstruct such filing.
23 Such report or record shall include only those reports or
24 records which are signed in one's capacity as a licensed
25 speech-language pathologist or audiologist.
26 (e) Advertising goods or services in a manner which is
27 fraudulent, false, deceptive, or misleading in form or
28 content.
29 (f) Being proven guilty of fraud or deceit or of
30 negligence, incompetency, or misconduct in the practice of
31 speech-language pathology or audiology.
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1 (g) Violating a lawful order of the board or
2 department previously entered in a disciplinary hearing, or
3 failing to comply with a lawfully issued subpoena of the board
4 or department.
5 (h) Practicing with a revoked, suspended, inactive, or
6 delinquent license.
7 (i) Using, or causing or promoting the use of, any
8 advertising matter, promotional literature, testimonial,
9 guarantee, warranty, label, brand, insignia, or other
10 representation, however disseminated or published, which is
11 misleading, deceiving, or untruthful.
12 (j) Showing or demonstrating or, in the event of sale,
13 delivery of a product unusable or impractical for the purpose
14 represented or implied by such action.
15 (k) Failing to submit to the board on an annual basis,
16 or such other basis as may be provided by rule, certification
17 of testing and calibration of such equipment as designated by
18 the board and on the form approved by the board.
19 (l) Aiding, assisting, procuring, employing, or
20 advising any licensee or business entity licensed person to
21 practice speech-language pathology or audiology contrary to
22 this part, chapter 455, or any to a rule adopted pursuant
23 thereto of the department or the board.
24 (m) Violating any provision Violation or repeated
25 violation of this part or of chapter 455, or any rule rules
26 adopted pursuant thereto.
27 (n) Misrepresenting the Misrepresentation of
28 professional services available in the fitting, sale,
29 adjustment, service, or repair of a hearing aid, or using use
30 of any other term or title which might connote the
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1 availability of professional services when such use is not
2 accurate.
3 (o) Representing, advertising, or implying
4 Representation, advertisement, or implication that a hearing
5 aid or its repair is guaranteed without providing full
6 disclosure of the identity of the guarantor; the nature,
7 extent, and duration of the guarantee; and the existence of
8 conditions or limitations imposed upon the guarantee.
9 (p) Representing, directly or by implication, that a
10 hearing aid utilizing bone conduction has certain specified
11 features, such as the absence of anything in the ear or
12 leading to the ear, or the like, without disclosing clearly
13 and conspicuously that the instrument operates on the bone
14 conduction principle and that in many cases of hearing loss
15 this type of instrument may not be suitable.
16 (q) Stating or implying that the use of any hearing
17 aid will improve or preserve hearing or prevent or retard the
18 progression of a hearing impairment or that it will have any
19 similar or opposite effect.
20 (r) Making any statement regarding the cure of the
21 cause of a hearing impairment by the use of a hearing aid.
22 (s) Representing or implying that a hearing aid is or
23 will be "custom-made," "made to order," or
24 "prescription-made," or in any other sense specially
25 fabricated for an individual person, when such is not the
26 case.
27 (t) Canvassing from house to house or by telephone,
28 either in person or by an agent, for the purpose of selling a
29 hearing aid, except that contacting persons who have evidenced
30 an interest in hearing aids, or have been referred as in need
31 of hearing aids, shall not be considered canvassing.
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1 (u) Failing to notify the department in writing of a
2 change in current mailing and place-of-practice address within
3 30 days after such change Failure to submit to the board on an
4 annual basis, or such other basis as may be provided by rule,
5 certification of testing and calibration of audiometric
6 testing equipment on the form approved by the board.
7 (v) Failing to provide all information as described in
8 ss. 468.1225(5)(b), s. 468.1245(1), and 468.1246.
9 (w) Exercising influence on a client in such a manner
10 as to exploit the client for financial gain of the licensee or
11 of a third party.
12 (x) Practicing or offering to practice beyond the
13 scope permitted by law or accepting and performing
14 professional responsibilities the licensee or
15 certificateholder knows, or has reason to know, the licensee
16 or certificateholder is not competent to perform.
17 (y) Aiding, assisting, procuring, or employing any
18 unlicensed person to practice speech-language pathology or
19 audiology.
20 (z) Delegating or contracting for the performance of
21 professional responsibilities by a person when the licensee
22 delegating or contracting for performance of such
23 responsibilities knows, or has reason to know, such person is
24 not qualified by training, experience, and authorization to
25 perform them.
26 (aa) Committing any act upon a patient or client which
27 would constitute sexual battery or which would constitute
28 sexual misconduct as defined pursuant to s. 468.1296.
29 (bb) Being unable to practice the profession for which
30 he or she is licensed or certified under this chapter with
31 reasonable skill or competence as a result of any mental or
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1 physical condition or by reason of illness, drunkenness, or
2 use of drugs, narcotics, chemicals, or any other substance.
3 In enforcing this paragraph, upon a finding by the secretary,
4 his or her designee, or the board that probable cause exists
5 to believe that the licensee or certificateholder is unable to
6 practice the profession because of the reasons stated in this
7 paragraph, the department shall have the authority to compel a
8 licensee or certificateholder to submit to a mental or
9 physical examination by a physician, psychologist, clinical
10 social worker, marriage and family therapist, or mental health
11 counselor designated by the department or board. If the
12 licensee or certificateholder refuses to comply with the
13 department's order directing the examination, such order may
14 be enforced by filing a petition for enforcement in the
15 circuit court in the circuit in which the licensee or
16 certificateholder resides or does business. The department
17 shall be entitled to the summary procedure provided in s.
18 51.011. A licensee or certificateholder affected under this
19 paragraph shall at reasonable intervals be afforded an
20 opportunity to demonstrate that he or she can resume the
21 competent practice for which he or she is licensed or
22 certified with reasonable skill and 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.
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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 120. Section 468.1296, Florida Statutes, is
23 created to read:
24 468.1296 Sexual misconduct.--Sexual misconduct by any
25 person licensed or certified in the practice of his or her
26 profession is prohibited. Sexual misconduct means to induce or
27 to attempt to induce the patient to engage, or to engage or to
28 attempt to engage the patient, in sexual activity outside the
29 scope of practice or the scope of generally accepted
30 examination or treatment of the patient.
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1 Section 121. Subsection (2) of section 468.1655,
2 Florida Statutes, is amended to read:
3 468.1655 Definitions.--As used in this part:
4 (2) "Department" means the Department of Health
5 Business and Professional Regulation.
6 Section 122. Subsection (1) of section 468.1695,
7 Florida Statutes, is amended to read:
8 468.1695 Licensure by examination.--
9 (1) Any person desiring to be licensed as a nursing
10 home administrator shall apply to the department to take the
11 licensure examination. The examination shall be given at
12 least two four times a year and shall include, but not be
13 limited to, questions on the subjects of nursing home
14 administration such as:
15 (a) Applicable standards of nursing home health and
16 safety;
17 (b) Federal, state, and local health and safety laws
18 and rules;
19 (c) General administration;
20 (d) Psychology of patient care;
21 (e) Principles of medical care;
22 (f) Personal and social care;
23 (g) Therapeutic and supportive care and services in
24 long-term care;
25 (h) Departmental organization and management;
26 (i) Community interrelationships; and
27 (j) Terminology.
28
29 The board may, by rule, adopt use of a national examination in
30 lieu of part or all of the examination required by this part.
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1 Section 123. Subsections (2), (4), and (5) of section
2 468.203, Florida Statutes, are amended to read:
3 468.203 Definitions.--As used in this act, the term:
4 (2) "Board" means the Board of Occupational Therapy
5 Practice Medicine.
6 (4) "Occupational therapy" means the use of purposeful
7 activity or interventions to achieve functional outcomes.
8 (a) For the purposes of this subsection:
9 1. "Achieving functional outcomes" means to maximize
10 the independence and the maintenance of health of any
11 individual who is limited by a physical injury or illness, a
12 cognitive impairment, a psychosocial dysfunction, a mental
13 illness, a developmental or a learning disability, or an
14 adverse environmental condition.
15 2. "Assessment" means the use of skilled observation
16 or the administration and interpretation of standardized or
17 nonstandardized tests and measurements to identify areas for
18 occupational therapy services.
19 (b) Occupational therapy services include, but are not
20 limited to:
21 1. The assessment, treatment, and education of or
22 consultation with the individual, family, or other persons.
23 2. Interventions directed toward developing daily
24 living skills, work readiness or work performance, play skills
25 or leisure capacities, or enhancing educational performance
26 skills.
27 3. Providing for the development of: sensory-motor,
28 perceptual, or neuromuscular functioning; range of motion; or
29 emotional, motivational, cognitive, or psychosocial components
30 of performance.
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1 These services may require assessment of the need for use of
2 interventions such as the design, development, adaptation,
3 application, or training in the use of assistive technology
4 devices; the design, fabrication, or application of
5 rehabilitative technology such as selected orthotic devices;
6 training in the use of assistive technology; orthotic or
7 prosthetic devices; the application of physical agent
8 modalities as an adjunct to or in preparation for purposeful
9 activity; the use of ergonomic principles; the adaptation of
10 environments and processes to enhance functional performance;
11 or the promotion of health and wellness the evaluation and
12 treatment of individuals whose ability to cope with the tasks
13 of living are threatened or impaired by developmental
14 deficits, the aging process, poverty and cultural differences,
15 physical injury or illness, or psychological and social
16 disability. The treatment utilizes task-oriented activities
17 to prevent or correct physical or emotional deficits or to
18 minimize the disabling effect of these deficits in the life of
19 the individual. Specific occupational therapy techniques
20 include, but are not limited to, activities of daily living
21 (ADL), the fabrication and application of splints,
22 perceptual-motor activities, the use of specifically designed
23 crafts, guidance in the selection and use of adaptive
24 equipment, exercises to enhance functional performance, and
25 prevocational evaluation and treatment. Such techniques are
26 applied in the treatment of individual patients or clients, in
27 groups, or through social systems.
28 (c) The use of devices subject to 21 C.F.R. s. 801.109
29 and identified by the board is expressly prohibited except by
30 an occupational therapist or occupational therapy assistant
31 who has received training as specified by the board. The
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1 board shall adopt rules to carry out the purpose of this
2 provision.
3 (5) "Occupational therapy aide" means a person who
4 assists in the practice of occupational therapy, who works
5 under the direct supervision of a person licensed occupational
6 therapist or to practice occupational therapy assistant, and
7 whose activities require a general an understanding of
8 occupational therapy pursuant to board rules but do not
9 require professional or advanced training in the basic
10 anatomical, biological, psychological, and social sciences
11 involved in the practice of occupational therapy.
12 Section 124. Section 468.205, Florida Statutes, is
13 amended to read:
14 (Substantial rewording of section. See
15 s. 468.205, F.S., for present text.)
16 468.205 Board of Occupational Therapy Practice.--
17 (1) There is created within the department the Board
18 of Occupational Therapy Practice, composed of seven members
19 appointed by the Governor, subject to confirmation by the
20 Senate.
21 (2) Four members shall be licensed occupational
22 therapists in good standing in this state who are residents of
23 this state and have been engaged in the practice of
24 occupational therapy for at least 4 years immediately prior to
25 their appointment. One member shall be a licensed occupational
26 therapy assistant in good standing in this state who is a
27 resident of the state and has been engaged in the practice of
28 occupational therapy for at least 4 years immediately prior to
29 the appointment. Two members shall be consumers who are
30 residents of the state who are not connected with the practice
31 of occupational therapy.
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1 (3) Within 90 days after the effective date of this
2 act, the Governor shall appoint the board as follows:
3 (a) Two members for terms of 2 years each.
4 (b) Two members for terms of 3 years each.
5 (c) Three members for terms of 4 years each.
6 (4) As the terms of the members expire, the Governor
7 shall appoint successors for terms of 4 years and such members
8 shall serve until their successors are appointed.
9 (5) All provisions of chapter 455 relating to
10 activities of the board shall apply.
11 Section 125. Section 468.209, Florida Statutes, is
12 amended to read:
13 468.209 Requirements for licensure.--
14 (1) An applicant applying for a license as an
15 occupational therapist or as an occupational therapy assistant
16 shall file a written application, accompanied by the
17 application for licensure fee prescribed in s. 468.221, on
18 forms provided by the department board, showing to the
19 satisfaction of the board that he:
20 (a) Is of good moral character.
21 (b) Has successfully completed the academic
22 requirements of an educational program in occupational therapy
23 recognized by the board, with concentration in biologic or
24 physical science, psychology, and sociology, and with
25 education in selected manual skills. For an occupational
26 therapist, Such a program shall be accredited by the American
27 Medical Association in collaboration with the American
28 Occupational Therapy Association's Accreditation Council for
29 Occupational Therapy Education, or its successor Association.
30 For an occupational therapy assistant, such a program shall be
31 approved by the American Occupational Therapy Association.
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1 (c) Has successfully completed a period of supervised
2 fieldwork experience at a recognized educational institution
3 or a training program approved by the educational institution
4 where he met the academic requirements. For an occupational
5 therapist, a minimum of 6 months of supervised fieldwork
6 experience is required. For an occupational therapy assistant,
7 a minimum of 2 months of supervised fieldwork experience is
8 required.
9 (d) Has passed an examination conducted or adopted by
10 the board as provided in s. 468.211.
11 (2) An applicant who has practiced as a state-licensed
12 or American Occupational Therapy Association-certified
13 occupational therapy assistant for 4 years and who, prior to
14 January 24, 1988, has completed a minimum of 6 months of
15 supervised occupational-therapist-level fieldwork experience
16 may take the examination to be licensed as an occupational
17 therapist without meeting the educational requirements for
18 occupational therapists made otherwise applicable under
19 paragraph (1)(b).
20 (3) If the board determines that an applicant is
21 qualified to be licensed by endorsement under s. 468.213, the
22 board may issue the applicant a temporary permit to practice
23 occupational therapy until the next board meeting at which
24 license applications are to be considered, but not for a
25 longer period of time. Only one temporary permit by
26 endorsement shall be issued to an applicant, and it shall not
27 be renewable.
28 (4) If the board determines that the applicant has not
29 passed an examination, which examination is recognized by the
30 board, to determine competence to practice occupational
31 therapy and is not qualified to be licensed by endorsement,
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1 but has otherwise met all the requirements of this section and
2 has made application for the next scheduled examination, the
3 board may issue the applicant a temporary permit allowing him
4 to practice occupational therapy under the supervision of a
5 licensed occupational therapist until notification of the
6 results of the examination. An individual who has passed the
7 examination may continue to practice occupational therapy
8 under his temporary permit until the next meeting of the
9 board. An individual who has failed the examination shall not
10 continue to practice occupational therapy under his temporary
11 permit; and such permit shall be deemed revoked upon
12 notification to the board of the examination results and the
13 subsequent, immediate notification by the board to the
14 applicant of the revocation. Only one temporary permit by
15 examination shall be issued to an applicant, and it shall not
16 be renewable. However, applicants enrolled in a full-time
17 advanced master's occupational therapy education program who
18 have completed all requirements for licensure except
19 examination shall, upon written request, be granted a
20 temporary permit valid for 6 months even if that period
21 extends beyond the next examination, provided the applicant
22 has not failed the examination. This permit shall remain
23 valid only while the applicant remains a full-time student
24 and, upon written request, shall be renewed once for an
25 additional 6 months.
26 (5) An applicant seeking reentry into the profession
27 who has not been in active practice within the last 5 years
28 must, prior to applying for licensure, submit to the board
29 documentation of continuing education as prescribed by rule.
30 Section 126. Subsection (6) is added to section
31 468.211, Florida Statutes, to read:
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1 468.211 Examination for licensure.--
2 (6) If an applicant fails to pass the examination in
3 three attempts, the applicant shall not be eligible for
4 reexamination unless the applicant completes additional
5 education or training requirements prescribed by the board.
6 An applicant who has completed the additional education 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, the
10 applicant is no longer eligible to take the examination.
11 Section 127. Section 468.213, Florida Statutes, is
12 amended to read:
13 468.213 Licensure by endorsement.--
14 (1) The board may waive the examination and grant a
15 license to any person who presents proof of current
16 certification as an occupational therapist or occupational
17 therapy assistant by a national certifying organization the
18 American Occupational Therapy Association if the board
19 determines the requirements for such certification to be
20 equivalent to the requirements for licensure in this act.
21 (2) The board may waive the examination and grant a
22 license to any applicant who presents proof of current
23 licensure as an occupational therapist or occupational therapy
24 assistant in another state, the District of Columbia, or any a
25 territory or jurisdiction of the United States or foreign
26 national jurisdiction which requires standards for licensure
27 determined by the board to be equivalent to the requirements
28 for licensure in this act.
29 Section 128. Section 468.225, Florida Statutes, is
30 amended to read:
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1 468.225 Exemptions Persons and practices not
2 affected.--
3 (1) Nothing in this act shall be construed as
4 preventing or restricting the practice, services, or
5 activities of:
6 (a) Any person licensed in this state by any other law
7 from engaging in the profession or occupation for which he is
8 licensed.
9 (b) Any person employed as an occupational therapist
10 or occupational therapy assistant by the United States, if
11 such person provides occupational therapy solely under the
12 direction or control of the organization by which he is
13 employed.
14 (c) Any person pursuing a course of study leading to a
15 degree or certificate in occupational therapy at an accredited
16 or approved educational program, if such activities and
17 services constitute a part of a supervised course of study and
18 if such a person is designated by a title which clearly
19 indicates his or her status as a student or trainee.
20 (d) Any person fulfilling the supervised fieldwork
21 experience requirements of s. 468.209, if such activities and
22 services constitute a part of the experience necessary to meet
23 the requirements of that section.
24 (e) Any person employed by, or working under the
25 direct supervision of, an occupational therapist as an
26 occupational therapy aide.
27 (2) No provision of this act shall be construed to
28 prohibit physicians, physician assistants, nurses, physical
29 therapists, osteopathic physicians or surgeons, or clinical
30 psychologists, speech-language pathologists, or audiologists
31 from using occupational therapy as a part of or incidental to
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1 their profession, when they practice their profession under
2 the statutes applicable to their profession.
3 Section 129. Section 468.351, Florida Statutes, is
4 amended to read:
5 468.351 Purpose and intent; application.--
6 (1)(a) The purpose in enacting this part is to provide
7 for the licensure certification and registration of persons
8 who deliver respiratory care services and who meet certain
9 requirements. The delivery of respiratory care services by
10 persons licensed certified or registered pursuant to this part
11 shall not be construed to permit the practice of medicine.
12 (b) It is the finding of the Legislature that the
13 delivery of respiratory care services by unskilled and
14 incompetent persons presents a danger to the public health and
15 safety. Because it is difficult for the public to make
16 informed choices related to respiratory care services and
17 since the consequences of wrong choices can seriously endanger
18 public health and safety, it is the intent of the Legislature
19 to prohibit the delivery of respiratory care services by
20 persons who are determined to possess less than minimum
21 competencies or who otherwise present a danger to the public.
22 (2) It is the intent of the Legislature that the
23 department of Health and Rehabilitative Services shall
24 continue to regulate blood gas laboratories and that the
25 supervision of health respiratory care practitioners, clinical
26 laboratory personnel, and other persons performing blood gas
27 analysis and specimen collection for the purpose of such
28 analysis be specified in rules pursuant to the applicable
29 practice act chapter 483. Further, it is the intent of the
30 Legislature that personnel licensed certified or registered
31
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1 pursuant to this part shall be exempt from the licensure
2 provisions of chapter 483.
3 Section 130. Subsections (2), (8), and (9) of section
4 468.352, Florida Statutes, are amended to read:
5 468.352 Definitions.--As used in this part, unless the
6 context otherwise requires, the term:
7 (2) "Department" means the Department of Health
8 Business and Professional Regulation.
9 (8) "Respiratory therapist" means any person licensed
10 registered pursuant to this part who is employed to deliver
11 respiratory care services under the order of a physician
12 licensed pursuant to chapter 458 or chapter 459, and in
13 accordance with protocols established by a hospital, other
14 health care provider, or the board, and who functions in
15 situations of unsupervised patient contact requiring
16 individual judgment.
17 (9) "Respiratory care practitioner" means any person
18 licensed certified pursuant to this part who is employed to
19 deliver respiratory care services under the order of a
20 physician licensed pursuant to chapter 458 or chapter 459, and
21 in accordance with protocols established by a hospital, other
22 health care provider, or the board.
23 Section 131. Paragraph (a) of subsection (5) of
24 section 468.354, Florida Statutes, is amended to read:
25 468.354 Advisory Council on Respiratory Care;
26 organization; function.--
27 (5)(a) The council shall recommend to the department a
28 code of ethics for those persons licensed certified or
29 registered pursuant to this part.
30 Section 132. Section 468.355, Florida Statutes, is
31 amended to read:
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1 468.355 Eligibility for licensure certification or
2 registration; temporary licensure certification.--
3 (1) To be eligible for licensure certification by the
4 board as a respiratory care practitioner, an applicant must:
5 (a) Be at least 18 years old.
6 (b) Possess a high school diploma or a graduate
7 equivalency diploma.
8 (c) Meet at least one of the following criteria:
9 1. The applicant has successfully completed a training
10 program for respiratory therapy technicians or respiratory
11 therapists approved by the Commission Committee on
12 Accreditation of Allied Health Education Programs and
13 Accreditation of the American Medical Association, or the
14 equivalent thereof, as accepted by the board.
15 2. The applicant is currently a "Certified Respiratory
16 Therapy Technician" certified by the National Board for
17 Respiratory Care, or the equivalent thereof, as accepted by
18 the board.
19 3. The applicant is currently a "Registered
20 Respiratory Therapist" registered by the National Board for
21 Respiratory Care, or the equivalent thereof, as accepted by
22 the board.
23 4. The applicant is currently employed in this state
24 as a respiratory care practitioner or respiratory therapist on
25 October 1, 1984.
26
27 The criteria set forth in subparagraphs 2. and 3.
28 notwithstanding, the board shall annually review the
29 examinations and standards of the National Board for
30 Respiratory Care and may reject those examinations and
31 standards if they are deemed inappropriate.
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1 (2) To be eligible for licensure registration by the
2 board as a respiratory therapist, 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 therapists approved by the Commission
9 Committee on Accreditation of Allied Health Education Programs
10 and Accreditation of the American Medical Association, or the
11 equivalent thereof, as accepted by the board.
12 2. The applicant is currently a "Registered
13 Respiratory Therapist" registered by the National Board for
14 Respiratory Care, or the equivalent thereof, as accepted by
15 the board.
16
17 The criteria set forth in subparagraphs 1. and 2.
18 notwithstanding, the board shall annually review the
19 examinations and standards of the National Board for
20 Respiratory Care and may reject those examinations and
21 standards if they are deemed inappropriate.
22 (3) With respect to the delivery of respiratory care
23 services, the board shall establish procedures for temporary
24 licensure certification of eligible individuals entering the
25 state and temporary licensure certification of those persons
26 who have graduated from a program approved by the board. Such
27 temporary licensure certification shall be for a period not to
28 exceed 1 year.
29 Section 133. Section 468.356, Florida Statutes, is
30 amended to read:
31 468.356 Approval of educational programs.--
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1 (1) Approval of educational programs shall be in
2 accordance with the Joint Review Committee for Respiratory
3 Therapy Education through the Commission Committee on
4 Accreditation of Allied Health Education Programs, or other
5 accrediting agency recognized by the United States Office of
6 Education and Accreditation of the American Medical
7 Association.
8 (2) In the event that an educational program has not
9 yet received full American Medical Association approval, the
10 board, at its discretion, may require appropriate
11 documentation of the intent to achieve full accreditation
12 within a specified time period. Temporary approval for
13 graduates of such programs to sit for state licensure
14 certification or registration examinations may then be granted
15 by the board.
16 Section 134. Section 468.357, Florida Statutes, is
17 amended to read:
18 468.357 Licensure Certification by examination.--
19 (1) A person who desires to be licensed certified as a
20 respiratory care practitioner may submit an application to the
21 department board to take the examination to be administered by
22 the department.
23 (a) The department shall examine each applicant who is
24 determined by the board to have:
25 1. Completed the application form and remitted the
26 applicable application fee set by the board;
27 2. Submitted required documentation as required in s.
28 468.355; and
29 3. Remitted an examination fee set by the board.
30 (b) The department shall conduct examinations for
31 licensure certification of respiratory care practitioners no
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1 less than two times a year in such geographical locations as
2 are deemed advantageous to the majority of the applicants.
3 However, the examination shall be conducted no less than three
4 times a year through 1988 and in such geographical locations
5 as are deemed advantageous to the majority of the applicants.
6 (c) The examination given for respiratory care
7 practitioners shall be the same as that given by the National
8 Board for Respiratory Care for entry-level certification of
9 respiratory therapy technicians. However, an equivalent
10 examination may be accepted by the board in lieu of that
11 examination.
12 (2) Each applicant who passes the examination shall be
13 entitled to licensure certification as a respiratory care
14 practitioner, and the department shall issue a license
15 certificate pursuant to this part to any applicant who
16 successfully completes the examination in accordance with this
17 section. However, the department shall not issue a license
18 certificate to any applicant who is under investigation in
19 another jurisdiction for an offense which would constitute a
20 violation of this part. Upon completion of such an
21 investigation, if the applicant is found guilty of such an
22 offense, the applicable provisions of s. 468.365 will apply.
23 (3)(a) Any person who was employed in this state on or
24 before September 30, 1983, as a respiratory therapy technician
25 or respiratory therapist, and who has performed services in
26 such professional capacity for 4 years or more by October 1,
27 1987, under the supervision of a licensed physician or in a
28 hospital or licensed health care facility, shall be issued a
29 license certificate without examination, if such person
30 provides acceptable documentation of performance of such
31 services to the board. Such documentation shall include
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1 certification by a physician licensed pursuant to chapter 458
2 or chapter 459 who has direct knowledge of the practice of, or
3 who has supervised, the person. If such person is not
4 determined to have performed critical care respiratory
5 services for at least 4 years, the board may limit the license
6 certificate of such person to the performance of noncritical
7 care respiratory services. Any person issued a certificate
8 pursuant to this paragraph shall complete at least 20 contact
9 hours of continuing education each year.
10 (b) Any person first employed in this state as a
11 respiratory therapy technician or respiratory therapist on or
12 after October 1, 1984, and prior to October 1, 1987, shall
13 have until December 31, 1988, to pass the examination for
14 certification under this part if the person has applied to
15 take the examination before March 1, 1988, and such person
16 shall be permitted to continue to perform respiratory care
17 services until December 31, 1988.
18 Section 135. Section 468.358, Florida Statutes, is
19 amended to read:
20 468.358 Licensure Certification or registration by
21 endorsement.--
22 (1) Licensure Certification as a respiratory care
23 practitioner shall be granted by endorsement to an individual
24 who holds the "Certified Respiratory Therapy Technician"
25 credential issued by the National Board for Respiratory Care
26 or an equivalent credential acceptable to the board. Licensure
27 Certification by this mechanism requires verification by oath
28 and submission of evidence satisfactory to the board that such
29 credential is held.
30 (2) Licensure Registration as a respiratory therapist
31 shall be granted by endorsement to an individual who holds the
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1 "Registered Respiratory Therapist" credential issued by the
2 National Board for Respiratory Care or an equivalent
3 credential acceptable to the board. Licensure Registration by
4 this mechanism requires verification by oath and submission of
5 evidence satisfactory to the board that such credential is
6 held.
7 (3) An individual who has been granted licensure,
8 certification, registration, or other authority, by whatever
9 name known, to deliver respiratory care services in another
10 state or country may petition the board for consideration for
11 licensure certification or registration in this state and,
12 upon verification by oath and submission of evidence of
13 licensure, certification, registration, or other authority
14 acceptable to the board, may be granted licensure
15 certification or registration by endorsement.
16 (4) Licensure Certification or registration shall not
17 be granted by endorsement as provided in this section without
18 the submission of a proper application and the payment of the
19 requisite fees therefor.
20 Section 136. Subsections (1), (2), and (5) of section
21 468.359, Florida Statutes, are amended to read:
22 468.359 Assumption of title and use of
23 abbreviations.--
24 (1) Only persons who are licensed certified pursuant
25 to this part as respiratory care practitioners have the right
26 to use the title "Respiratory Care Practitioner" and the
27 abbreviation "RCP."
28 (2) Only persons who are licensed registered pursuant
29 to this part as respiratory therapists have the right to use
30 the title "Registered Respiratory Therapist" and the
31 abbreviation "RRT," provided such persons have passed the
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1 Registry Examination for Respiratory Therapists given by the
2 National Board for Respiratory Care.
3 (5) No person in this state shall deliver respiratory
4 care services; advertise as, or assume the title of,
5 respiratory care practitioner or respiratory therapist; or use
6 the abbreviation "RCP" or take any other action that would
7 lead the public to believe that such person is licensed
8 certified or registered pursuant to this part unless such
9 person is so licensed certified or registered.
10 Section 137. Section 468.36, Florida Statutes, is
11 amended to read:
12 468.36 Primary place of service delivery; notice of
13 address or change of address.--Every licensee
14 certificateholder or registrant shall file with the department
15 the licensee's current residence address as defined by board
16 rule of his primary place of service delivery within the state
17 prior to engaging in such service delivery. Prior to changing
18 such address, he shall notify the department of the address of
19 his new primary place of service delivery, whether or not
20 within the state.
21 Section 138. Section 468.362, Florida Statutes, is
22 repealed, and section 468.361, Florida Statutes, is amended to
23 read:
24 468.361 Renewal of licensure certification or
25 registration; continuing education.--
26 (1) The department shall provide by rule a method for
27 the biennial renewal of licensure certification or
28 registration at fees set by the board.
29 (2) The board shall prescribe by rule continuing
30 education requirements, not to exceed 24 hours biennially, as
31 a condition for renewal of licensure certification or
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1 registration. The program criteria with respect thereto shall
2 be approved by the board.
3 (3) The board shall approve continuing education
4 courses which may be accepted in meeting the requirements of
5 this part. Providers of such courses shall also be approved
6 by the board.
7 (4) The board may make exceptions from the
8 requirements of this section in emergency or hardship cases.
9 Section 139. Section 468.363, Florida Statutes, is
10 amended to read:
11 468.363 Reactivation of licensure certification or
12 registration; continuing education.--The board shall prescribe
13 by rule continuing education requirements as a condition of
14 reactivating a license certificate or registration. The
15 continuing education requirements for reactivating a license
16 certificate or registration may not exceed 12 classroom hours
17 for each year the license certificate or registration was
18 inactive.
19 Section 140. Subsection (1) of section 468.364,
20 Florida Statutes, is amended to read:
21 468.364 Fees; establishment; disposition.--
22 (1) The board shall establish by rule fees for the
23 following purposes:
24 (a) Application, fee: a fee not to exceed $50.
25 (b) Examination, fee: a fee not to exceed $125 plus
26 the actual per applicant cost to the department for purchase
27 of the examination from the National Board for Respiratory
28 Care or a similar national organization.
29 (c) Initial licensure, certification or registration
30 fee: a fee not to exceed $200.
31
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1 (d) Renewal of licensure, certification or
2 registration fee: a fee not to exceed $200 biennially.
3 (e) Renewal of inactive licensure, certification or
4 registration: a fee not to exceed $50.
5 (f) Reactivation, fee: a fee not to exceed $50.
6 Section 141. Section 468.365, Florida Statutes, is
7 amended to read:
8 468.365 Disciplinary grounds and actions.--
9 (1) The following acts constitute grounds for which
10 the disciplinary actions in subsection (2) may be taken:
11 (a) Procuring, attempting to procure, or renewing a
12 license certificate or registration as provided by this part
13 by bribery, by fraudulent misrepresentation, or through an
14 error of the department or the board.
15 (b) Having licensure, certification, registration, or
16 other authority, by whatever name known, to deliver
17 respiratory care services revoked, suspended, or otherwise
18 acted against, including the denial of licensure,
19 certification, registration, or other authority to deliver
20 respiratory care services by the licensing authority of
21 another state, territory, or country.
22 (c) Being convicted or found guilty of, or entering a
23 plea of nolo contendere to, regardless of adjudication, of a
24 crime in any jurisdiction which directly relates to
25 respiratory care services or to the ability to deliver such
26 services.
27 (d) Willfully making or filing a false report or
28 record, willfully failing to file a report or record required
29 by state or federal law, or willfully impeding or obstructing
30 such filing or inducing another person to do so. Such reports
31 or records include only those reports or records which require
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1 the signature of a certified respiratory care practitioner or
2 a respiratory therapist licensed registered pursuant to this
3 part.
4 (e) Circulating false, misleading, or deceptive
5 advertising.
6 (f) Unprofessional conduct, which includes, but is not
7 limited to, any departure from, or failure to conform to,
8 acceptable standards related to the delivery of respiratory
9 care services, as set forth by the board and the Advisory
10 Council on Respiratory Care in rules adopted pursuant to this
11 part.
12 (g) Engaging or attempting to engage in the
13 possession, sale, or distribution of controlled substances, as
14 set forth by law, for any purpose other than a legitimate
15 purpose.
16 (h) Willfully failing to report any violation of this
17 part.
18 (i) Willfully or repeatedly violating a rule of the
19 board or the department or a lawful order of the board or
20 department previously entered in a disciplinary hearing.
21 (j) Violation of any rule adopted pursuant to this
22 part or chapter 455.
23 (k) Engaging in the delivery of respiratory care
24 services with a revoked, suspended, or inactive license
25 certificate or registration.
26 (l) Permitting, aiding, assisting, procuring, or
27 advising any person who is not licensed certified or
28 registered pursuant to this part, contrary to this part or to
29 any rule of the department or the board.
30 (m) Failing to perform any statutory or legal
31 obligation placed upon a certified respiratory care
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1 practitioner or a respiratory therapist licensed registered
2 pursuant to this part.
3 (n) Accepting and performing professional
4 responsibilities which the licensee certificateholder or
5 registrant knows, or has reason to know, he is not competent
6 to perform.
7 (o) Delegating professional responsibilities to a
8 person when the licensee certificateholder or registrant
9 delegating such responsibilities knows, or has reason to know,
10 that such person is not qualified by training, experience, or
11 licensure certification or registration to perform them.
12 (p) Gross or repeated malpractice or the failure to
13 deliver respiratory care services with that level of care,
14 skill, and treatment which is recognized by a reasonably
15 prudent respiratory care practitioner or respiratory therapist
16 with similar professional training as being acceptable under
17 similar conditions and circumstances.
18 (q) Paying or receiving any commission, bonus,
19 kickback, or rebate to or from, or engaging in any split-fee
20 arrangement in any form whatsoever with, a person,
21 organization, or agency, either directly or indirectly, for
22 goods or services rendered to patients referred by or to
23 providers of health care goods and services, including, but
24 not limited to, hospitals, nursing homes, clinical
25 laboratories, ambulatory surgical centers, or pharmacies. The
26 provisions of this paragraph shall not be construed to prevent
27 the licensee certificateholder or registrant from receiving a
28 fee for professional consultation services.
29 (r) Exercising influence within a respiratory care
30 relationship for the purpose of engaging a patient in sexual
31 activity. A patient is presumed to be incapable of giving
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1 free, full, and informed consent to sexual activity with the
2 patient's respiratory care practitioner or respiratory
3 therapist.
4 (s) Making deceptive, untrue, or fraudulent
5 representations in the delivery of respiratory care services
6 or employing a trick or scheme in the delivery of respiratory
7 care services if such a scheme or trick fails to conform to
8 the generally prevailing standards of other licensees
9 certificateholders or registrants within the community.
10 (t) Soliciting patients, either personally or through
11 an agent, through the use of fraud, deception, or otherwise
12 misleading statements or through the exercise of intimidation
13 or undue influence.
14 (u) Failing to keep written respiratory care records
15 justifying the reason for the action taken by the licensee
16 certificateholder or registrant.
17 (v) Exercising influence on the patient in such a
18 manner as to exploit the patient for the financial gain of the
19 licensee certificateholder or registrant or a third party,
20 which includes, but is not limited to, the promoting or
21 selling of services, goods, appliances, or drugs.
22 (w) Performing professional services which have not
23 been duly ordered by a physician licensed pursuant to chapter
24 458 or chapter 459 and which are not in accordance with
25 protocols established by the hospital, other health care
26 provider, or the board, except as provided in ss. 743.064,
27 766.103, and 768.13.
28 (x) Being unable to deliver respiratory care services
29 with reasonable skill and safety to patients by reason of
30 illness or use of alcohol, drugs, narcotics, chemicals, or any
31 other type of material as a result of any mental or physical
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1 condition. In enforcing this paragraph, the department shall,
2 upon probable cause, have authority to compel a respiratory
3 care practitioner or respiratory therapist to submit to a
4 mental or physical examination by physicians designated by the
5 department. The cost of examination shall be borne by the
6 licensee certificateholder or registrant being examined. The
7 failure of a respiratory care practitioner or respiratory
8 therapist to submit to such an examination when so directed
9 constitutes an admission of the allegations against him, upon
10 which a default and a final order may be entered without the
11 taking of testimony or presentation of evidence, unless the
12 failure was due to circumstances beyond his control. A
13 respiratory care practitioner or respiratory therapist
14 affected under this paragraph shall at reasonable intervals be
15 afforded an opportunity to demonstrate that he can resume the
16 competent delivery of respiratory care services with
17 reasonable skill and safety to his patients. In any
18 proceeding under this paragraph, neither the record of
19 proceedings nor the orders entered by the board shall be used
20 against a respiratory care practitioner or respiratory
21 therapist in any other proceeding.
22 (2) If the board finds any person guilty of any of the
23 grounds set forth in subsection (1), it may enter an order
24 imposing one or more of the following penalties:
25 (a) Denial of an application for licensure
26 certification or registration.
27 (b) Revocation or suspension of licensure
28 certification or registration.
29 (c) Imposition of an administrative fine not to exceed
30 $1,000 for each count or separate offense.
31
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1 (d) Placement of the respiratory care practitioner or
2 respiratory therapist on probation for such period of time and
3 subject to such conditions as the board may specify,
4 including, but not limited to, requiring the respiratory care
5 practitioner or respiratory therapist to submit to treatment,
6 to attend continuing education courses, or to work under the
7 supervision of another respiratory care practitioner or
8 respiratory therapist.
9 (e) Issuance of a reprimand.
10 (3) The board shall not reinstate licensure
11 certification or registration, or cause a license certificate
12 or registration to be issued to a person it has deemed
13 unqualified, until such time as it is satisfied that such
14 person has complied with all the terms and conditions set
15 forth in the final order and that the respiratory care
16 practitioner or respiratory therapist is capable of safely
17 engaging in the delivery of respiratory care services.
18 (4) The board may, by rule, establish guidelines for
19 the disposition of disciplinary cases involving specific types
20 of violations. Such guidelines may include minimum and
21 maximum fines, periods of supervision on probation, or
22 conditions upon probation or reissuance of a license
23 certificate or registration.
24 Section 142. Subsection (1) of section 468.366,
25 Florida Statutes, is amended to read:
26 468.366 Penalties for violations.--
27 (1) It is a violation of law for any person, including
28 any firm, association, or corporation, to:
29 (a) Sell or fraudulently obtain, attempt to obtain, or
30 furnish to any person a diploma, license, certificate,
31
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1 registration, or record, or aid or abet in the sale,
2 procurement, or attempted procurement thereof.
3 (b) Deliver respiratory care services, as defined by
4 this part or by rule of the board, under cover of any diploma,
5 license, certificate, registration, or record that was
6 illegally or fraudulently obtained or signed or issued
7 unlawfully or under fraudulent representation.
8 (c) Deliver respiratory care services, as defined by
9 this part or by rule of the board, unless such person is duly
10 licensed certified or registered to do so under the provisions
11 of this part or unless such person is exempted pursuant to s.
12 468.368.
13 (d) Use, in connection with his name, any designation
14 tending to imply that he is a respiratory care practitioner or
15 a respiratory therapist, duly licensed certified or registered
16 under the provisions of this part, unless he is so licensed
17 certified or registered.
18 (e) Advertise an educational program as meeting the
19 requirements of this part, or conduct an educational program
20 for the preparation of respiratory care practitioners or
21 respiratory therapists, unless such program has been approved
22 by the board.
23 (f) Knowingly employ unlicensed uncertified or
24 unregistered persons in the delivery of respiratory care
25 services, unless exempted by this part.
26 (g) Knowingly conceal information relative to any
27 violation of this part.
28 Section 143. Subsection (8) of section 468.368,
29 Florida Statutes, is amended to read:
30 468.368 Exemptions.--Nothing in this part shall be
31 construed to prohibit:
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1 (8) The employment by a health care facility of a
2 student enrolled in the clinical portion of an approved
3 respiratory care educational program (who has demonstrated
4 such enrollment to the board by submission of evidence
5 satisfactory to the board) to deliver limited respiratory care
6 support services under the supervision of personnel licensed
7 certified or registered pursuant to this part. Such exemption
8 shall also apply to the graduates of such programs until the
9 receipt of temporary licensure certification issued pursuant
10 to the provisions of s. 468.355(3). However, such employees
11 shall not perform invasive procedures or procedures related to
12 critical respiratory care, including therapeutic, diagnostic,
13 and palliative procedures, nor shall they participate in
14 delivering certain services requiring unsupervised patient
15 contact, as determined by the board.
16 Section 144. Subsection (3) of section 478.42, Florida
17 Statutes, is amended to read:
18 478.42 Definitions.--As used in this chapter, the
19 term:
20 (3) "Department" means the Department of Health
21 Business and Professional Regulation.
22 Section 145. Section 478.45, Florida Statutes, is
23 amended to read:
24 478.45 Requirements for licensure.--
25 (1) An applicant applying for licensure as an
26 electrologist shall file a written application, accompanied by
27 the application for licensure fee prescribed in s. 478.55, on
28 a form provided by the board, showing to the satisfaction of
29 the board that the applicant:
30 (a) Is at least 18 years old.
31 (b) Is of good moral character.
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1 (c) Is a resident of the state.
2 (c)(d) Possesses a high school diploma or a graduate
3 equivalency diploma.
4 (d)(e) Has not committed an act in any jurisdiction
5 which would constitute grounds for disciplining an
6 electrologist in this state.
7 (e)(f)1. Has successfully completed the academic
8 requirements of an electrolysis training program, not to
9 exceed 120 hours, and the practical application thereof as
10 approved by the board; or
11 2. Was engaged in the practice of electrology prior to
12 October 1, 1991, and filed an application for licensure within
13 90 days after the date established by the board or by February
14 1, 1995, whichever comes last.
15 (2) Each applicant for licensure shall successfully
16 pass a written examination developed by the department or a
17 national examination that has, both of which have been
18 approved by the board. The examinations shall test the
19 applicant's knowledge relating to the practice of electrology,
20 including the applicant's professional skills and judgment in
21 the use of electrolysis techniques and methods, and any other
22 subjects which are useful to determine the applicant's fitness
23 to practice.
24 (3) The department, upon approval of the board, may
25 adopt a the American Electrology Association examination or
26 any other national examination in lieu of any part of the
27 examination required by this section. The board, with the
28 assistance of the council, shall establish standards for
29 acceptable performance.
30 (4) The department shall issue a license to practice
31 electrology to any applicant who passes the examination, pays
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1 the licensure fee as set forth in s. 478.55, and otherwise
2 meets the requirements of this chapter.
3 (5) The department shall conduct licensure
4 examinations at least two times a year biannually at locations
5 set by the board. However, such examinations may be conducted
6 at least three times each year through 1995. The department
7 board shall give public notice of the time and place of each
8 examination at least 60 days before it is administered and
9 shall mail notice of such examination to each applicant whose
10 application is timely filed, pursuant to board rule.
11 (6) The department may not issue a license to any
12 applicant who is under investigation in another jurisdiction
13 for an offense which would be a violation of this chapter,
14 until such investigation is complete. Upon completion of such
15 investigation, if the applicant is found guilty of such
16 offense, the board shall apply the applicable provisions of s.
17 478.52.
18 Section 146. Subsection (1) of section 478.46, Florida
19 Statutes, is amended to read:
20 478.46 Temporary permits.--
21 (1) If the department executive director of the board
22 determines that an applicant is qualified to be licensed under
23 s. 478.47 478.45, the department board may issue the applicant
24 a temporary permit to practice electrolysis electrology until
25 the next board meeting at which license applications are to be
26 considered, but not for a longer period of time. Only one
27 temporary permit shall be issued to an applicant, and it shall
28 not be renewable.
29 Section 147. Section 478.47, Florida Statutes, is
30 amended to read:
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1 478.47 Licensure by endorsement.--The department shall
2 issue a license by endorsement to any applicant who submits an
3 application and the required fees as set forth in s. 478.55
4 and who the board certifies has met the qualifications of s.
5 478.45(1) or who holds an active license or other authority to
6 practice electrology in a jurisdiction whose licensure
7 requirements are determined by the board to be equivalent to
8 the requirements for licensure in this state.
9 Section 148. Paragraph (d) of subsection (2) of
10 section 478.52, Florida Statutes, is amended, and paragraph
11 (u) is added to subsection (1) of said section, to read:
12 478.52 Disciplinary proceedings.--
13 (1) The following acts are grounds for which the
14 disciplinary actions in subsection (2) may be taken:
15 (u) Operating any electrolysis facility unless it has
16 been duly licensed as provided in this chapter.
17 (2) When the board finds any person guilty of any of
18 the grounds set forth in subsection (1), including conduct
19 that would constitute a substantial violation of subsection
20 (1) which occurred prior to licensure, it may enter an order
21 imposing one or more of the following penalties:
22 (d) Place the licensee on probation for a specified
23 time and subject the licensee to such conditions as the board
24 determines necessary, including, but not limited to, requiring
25 treatment, continuing education courses, reexamination, or
26 working under the supervision of another licensee.
27 Section 149. Subsections (1) and (2) of section
28 480.033, Florida Statutes, are amended to read:
29 480.033 Definitions.--As used in this act:
30 (1) "Board" means the Board of Massage Therapy.
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1 (2) "Department" means the Department of Health
2 Business and Professional Regulation.
3 Section 150. Section 480.034, Florida Statutes, is
4 amended to read:
5 480.034 Exemptions.--
6 (1) Nothing in this act shall modify or repeal any
7 provision of chapters 458-464, inclusive, or of chapter 476,
8 chapter 477, or chapter 486.
9 (2) Athletic trainers employed by or on behalf of a
10 professional athletic team performing or training within this
11 state shall be exempt from the provisions of this act.
12 (3) The state and its political subdivisions are
13 exempt from the registration requirements of this act.
14 (4) Treatments for the purpose of cleansing and
15 beautifying the skin or in conjunction with a weight loss
16 program, including herbal wraps, body scrubs, paraffin wax
17 treatments, and seaweed wraps, shall be exempt from the
18 provisions of this act.
19 (4)(5) An exemption granted is effective to the extent
20 that an exempted person's practice or profession overlaps with
21 the practice of massage.
22 Section 151. Subsection (1) of section 480.035,
23 Florida Statutes, is amended to read:
24 480.035 Board of Massage Therapy.--
25 (1) The Board of Massage Therapy is created within the
26 department. The board shall consist of seven members, who
27 shall be appointed by the Governor and whose function it shall
28 be to carry out the provisions of this act.
29 Section 152. Section 480.041, Florida Statutes, is
30 amended to read:
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1 480.041 Massage therapists; qualifications; licensure;
2 endorsement; provisional licensure.--
3 (1) Any person is qualified for licensure as a massage
4 therapist under this act who:
5 (a) Is at least 18 years of age or has received a high
6 school diploma or graduate equivalency diploma;
7 (b) Has completed a course of study at a
8 board-approved massage school or has completed an
9 apprenticeship program that meets standards adopted by the
10 board; and
11 (c) Has received a passing grade on an examination
12 administered by the department.
13 (2) Every person desiring to be examined for licensure
14 as a massage therapist shall apply to the department in
15 writing upon forms prepared and furnished by the department.
16 Such applicants shall be subject to the provisions of s.
17 480.046(1). Applicants may take an examination administered by
18 the department only upon meeting the requirements of this
19 section as determined by the board.
20 (3) Upon an applicant's passing the examination and
21 paying the initial licensure fee, the department shall issue
22 to the applicant a license, valid until the next scheduled
23 renewal date, to practice massage.
24 (4)(a) The board may issue to an applicant, without
25 examination, a provisional license to practice massage,
26 provided such applicant meets all other conditions and
27 requirements relating to qualification for licensure and
28 submits a fee pursuant to s. 480.044. Such applicant for a
29 provisional license shall be associated with a licensed
30 massage therapist and shall practice only under the
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1 supervision of such licensed massage therapist at a licensed
2 establishment.
3 (b) The provisional license, when granted, shall
4 include the name and address of the licensed massage therapist
5 with whom the applicant is associated. No licensed massage
6 therapist may supervise more than one provisional
7 licenseholder at the same time.
8 (c) The applicant must appear at the next examination
9 for licensure for which the applicant can be scheduled
10 according to the rules of the board and department. The
11 provisional license shall expire upon written notification by
12 the department that the applicant has failed the examination
13 or on the date of the scheduled examination, should the
14 applicant fail to appear. Acceptance of a provisional license
15 by an applicant shall be deemed to be consent for expiration
16 of that license in accordance with the provisions of this
17 chapter.
18 (d) No more than one provisional license may be issued
19 to an individual. No provisional license shall be issued to
20 an applicant who has previously failed the examination.
21 (4)(5) The board shall adopt rules:
22 (a) Establishing a minimum training program for
23 apprentices.
24 (b) Specifying standards and procedures for issuance
25 of a provisional license.
26 (b)(c) Providing for educational standards,
27 examination, and certification for the practice of colonic
28 irrigation, as defined in s. 480.033(6), by massage
29 therapists.
30 (c)(d) Specifying licensing procedures for
31 practitioners desiring to be licensed in this state who hold
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1 an active license and have practiced in any other state,
2 territory, or jurisdiction of the United States or any foreign
3 national jurisdiction which has licensing standards
4 substantially similar to, equivalent to, or more stringent
5 than the standards of this state.
6 Section 153. Section 480.0415, Florida Statutes, is
7 amended to read:
8 480.0415 License renewal.--The board shall prescribe
9 by rule the method for renewal of biennial licensure which
10 shall include continuing education requirements not to exceed
11 25 12 classroom hours per biennium. The board shall by rule
12 establish criteria for the approval of continuing education
13 programs or courses. The programs or courses approved by the
14 board may include correspondence courses that meet the
15 criteria for continuing education courses held in a classroom
16 setting.
17 Section 154. Subsection (1) of section 480.042,
18 Florida Statutes, is amended to read:
19 480.042 Examinations.--
20 (1) The board shall specify by rule the general areas
21 of competency to be covered by examinations for licensure.
22 These rules shall include the relative weight assigned in
23 grading each area, the grading criteria to be used by the
24 examiner, and the score necessary to achieve a passing grade.
25 The board shall ensure that examinations adequately measure
26 both an applicant's competency and his knowledge of related
27 statutory requirements. Professional testing services may be
28 utilized to formulate the examinations.
29 Section 155. Section 480.0425, Florida Statutes, as
30 amended by chapter 94-119, Laws of Florida, is repealed.
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1 Section 156. Subsection (7) of section 480.043,
2 Florida Statutes, is amended to read:
3 480.043 Massage establishments; requisites; licensure;
4 inspection.--
5 (7)(a) Once issued, no license for operation of a
6 massage establishment may be transferred from one owner
7 person, corporation, name, or location to another.
8 (b) A license may be transferred from one location to
9 another only after inspection and approval by the board and
10 receipt of an application and inspection fee set by rule of
11 the board, not to exceed $125.
12 (c) A license may be transferred from one business
13 name to another after approval by the board and receipt of an
14 application fee set by rule of the board, not to exceed $25.
15 Section 157. Subsection (1) of section 480.044,
16 Florida Statutes, is amended to read:
17 480.044 Fees; disposition.--
18 (1) The board shall set fees according to the
19 following schedule:
20 (a) Massage therapist application and examination fee:
21 not to exceed $250.
22 (b) Massage therapist initial licensure fee: not to
23 exceed $150.
24 (c) Establishment application fee: not to exceed
25 $200.
26 (d) Establishment licensure fee: not to exceed $150.
27 (e) Biennial establishment renewal fee: not to exceed
28 $150.
29 (f) Biennial massage therapist licensure renewal fee:
30 not to exceed $200.
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1 (g) Massage therapist reexamination fee: not to
2 exceed $250.
3 (h) Fee for apprentice: not to exceed $100.
4 (i) Colonics examination fee: not to exceed $100.
5 (j) Colonics reexamination fee: not to exceed $100.
6 (k) Application and provisional licensure fee: not to
7 exceed $50.
8 (k)(l) Application and reactivation for inactive
9 status of a massage therapist license fee: not to exceed
10 $250.
11 (l)(m) Renewal fee for inactive status: not to exceed
12 $250.
13 Section 158. Paragraph (a) of subsection (1) of
14 section 480.047, Florida Statutes, is amended to read:
15 480.047 Penalties.--
16 (1) It is unlawful for any person to:
17 (a) Hold himself or herself out as a massage therapist
18 or to practice massage unless duly licensed under this chapter
19 or unless otherwise specifically exempted from licensure under
20 this chapter as provided herein.
21 Section 159. Section 480.0485, Florida Statutes, is
22 created to read:
23 480.0485 Sexual misconduct in the practice of massage
24 therapy.--The massage therapist-patient relationship is
25 founded on mutual trust. Sexual misconduct in the practice of
26 massage therapy means violation of the massage
27 therapist-patient relationship through which the massage
28 therapist uses that relationship to induce or attempt to
29 induce the patient to engage, or to engage or attempt to
30 engage the patient, in sexual activity outside the scope of
31 practice or the scope of generally accepted examination or
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1 treatment of the patient. Sexual misconduct in the practice
2 of massage therapy is prohibited.
3 Section 160. Paragraph (f) of subsection (3) of
4 section 20.43, Florida Statutes, 1996 Supplement, is amended
5 to read:
6 20.43 Department of Health.--There is created a
7 Department of Health.
8 (3) The following divisions of the Department of
9 Health are established:
10 (f) Effective July 1, 1997, Division of Medical
11 Quality Assurance, which is responsible for the following
12 boards and professions established within the division:
13 1. Nursing assistants, as provided under s. 400.211.
14 2. Health care services pools, as provided under s.
15 402.48.
16 3. The Board of Acupuncture, created under chapter
17 457.
18 4. The Board of Medicine, created under chapter 458.
19 5. The Board of Osteopathic Medicine, created under
20 chapter 459.
21 6. The Board of Chiropractic, created under chapter
22 460.
23 7. The Board of Podiatric Medicine, created under
24 chapter 461.
25 8. Naturopathy, as provided under chapter 462.
26 9. The Board of Optometry, created under chapter 463.
27 10. The Board of Nursing, created under chapter 464.
28 11. The Board of Pharmacy, created under chapter 465.
29 12. The Board of Dentistry, created under chapter 466.
30 13. Midwifery, as provided under chapter 467.
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1 14. The Board of Speech-Language Pathology and
2 Audiology, created under part I of chapter 468.
3 15. The Board of Nursing Home Administrators, created
4 under part II of chapter 468.
5 16. Occupational therapy, as provided under part III
6 of chapter 468.
7 17. Respiratory therapy, as provided under part V of
8 chapter 468.
9 18. Dietetics and nutrition practice, as provided
10 under part X of chapter 468.
11 19. Athletic trainers, as provided under part XIV of
12 chapter 468.
13 20. Electrolysis, as provided under chapter 478.
14 21. The Board of Massage Therapy, created under
15 chapter 480.
16 22. The Board of Clinical Laboratory Personnel,
17 created under part III IV of chapter 483.
18 23. Medical physicists, as provided under part IV V of
19 chapter 483.
20 24. The Board of Opticianry, created under part I of
21 chapter 484.
22 25. The Board of Hearing Aid Specialists, created
23 under part II of chapter 484.
24 26. The Board of Physical Therapy Practice, created
25 under chapter 486.
26 27. The Board of Psychology, created under chapter
27 490.
28 28. The Board of Clinical Social Work, Marriage and
29 Family Therapy, and Mental Health Counseling, created under
30 chapter 491.
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1 The department shall contract with the Agency for Health Care
2 Administration who shall provide consumer complaint,
3 investigative, and prosecutorial services required by the
4 Division of Medical Quality Assurance, councils, or boards, as
5 appropriate.
6 Section 161. Paragraph (b) of subsection (2) of
7 section 381.81, Florida Statutes, is amended to read:
8 381.81 Minority Health Improvement Act.--
9 (2) DEFINITIONS.--As used in this section, the
10 following words and terms shall have the following meanings,
11 unless the context indicates another meaning or intent:
12 (b) "Health profession" means any regulated health
13 profession, including occupational therapy, as regulated under
14 part III of chapter 468; respiratory therapy, as regulated
15 under part V of chapter 468; physical therapy, as regulated
16 under chapter 486; midwifery, as regulated under chapter 467;
17 dietetics and nutrition practice, as regulated under part X of
18 chapter 468; electrolysis, as regulated under chapter 478;
19 nursing assistants, as regulated under s. 400.211; and those
20 professions regulated by: the Board of Medicine, created
21 under chapter 458; the Board of Osteopathic Medicine, created
22 under chapter 459; the Board of Acupuncture, created under
23 chapter 457; the Board of Chiropractic, created under chapter
24 460; the Board of Clinical Social Work, Marriage and Family
25 Therapy, and Mental Health Counseling, created under chapter
26 491; the Board of Dentistry, created under chapter 466; the
27 Board of Optometry, created under chapter 463; the Board of
28 Podiatric Medicine, created under chapter 461; the Board of
29 Nursing, created by chapter 464; the Board of Psychological
30 Examiners, created under chapter 490; the Board of
31 Speech-Language Pathology and Audiology, created under part I
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1 of chapter 468; the Board of Nursing Home Administrators,
2 created under part II of chapter 468; the Board of Clinical
3 Laboratory Personnel, created under part III IV of chapter
4 483; and the Board of Opticianry, created under part I of
5 chapter 484; and the Board of Hearing Aid Specialists, created
6 under part II of chapter 484.
7 Section 162. Section 483.800, Florida Statutes, is
8 amended to read:
9 483.800 Declaration of policy and statement of
10 purpose.--The purpose of this part is to protect the public
11 health, safety, and welfare of the people of this state from
12 the hazards of improper performance by clinical laboratory
13 personnel. Clinical laboratories provide essential services
14 to practitioners of the healing arts by furnishing vital
15 information that is essential to a determination of the
16 nature, cause, and extent of the condition involved.
17 Unreliable and inaccurate reports may cause unnecessary
18 anxiety, suffering, and financial burdens and may even
19 contribute directly to death. The protection of public and
20 individual health requires the licensure of clinical
21 laboratory personnel who meet minimum requirements for safe
22 practice. The Legislature finds that laboratory testing
23 technology continues to advance rapidly. The Legislature also
24 finds that a hospital training program under the direction of
25 the hospital clinical laboratory director offers an
26 opportunity for individuals already trained in health care
27 professions to expand the scope of their careers. The
28 Legislature further finds that there is an immediate need for
29 properly trained personnel to ensure patient access to
30 testing. Therefore, the Legislature recognizes the
31 patient-focused benefits of hospital-based training for
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1 laboratory and nonlaboratory personnel for testing within
2 hospitals and commercial laboratories the laboratory and at
3 alternate sites, and recognizes the benefits of a training
4 program approved by the Board of Clinical Laboratory Personnel
5 under the direction of the hospital clinical laboratory
6 director.
7 Section 163. Subsection (3) is added to section
8 483.801, Florida Statutes, to read:
9 483.801 Exemptions.--This part applies to all clinical
10 laboratories and clinical laboratory personnel within this
11 state, except:
12 (3) Advanced registered nurse practitioners licensed
13 under chapter 464 who perform provider-performed microscopy
14 procedures (PPMP) in an exclusive-use laboratory setting.
15 Section 164. Section 483.803, Florida Statutes, is
16 amended to read:
17 483.803 Definitions.--As used in this part, the term:
18 (1) "Board" means the Board of Clinical Laboratory
19 Personnel.
20 (2) "Clinical laboratory" means a clinical laboratory
21 as defined in s. 483.041(2).
22 (3) "Clinical laboratory examination" means an
23 examination performed on materials or specimens of the human
24 body to provide information or materials for use in the
25 diagnosis, prevention, or treatment of a disease or the
26 identification or assessment of a medical or physical
27 condition.
28 (4)(3) "Clinical laboratory personnel" includes a
29 clinical laboratory director, supervisor, technologist, blood
30 gas analyst, or technician who performs or is responsible for
31 laboratory test procedures, but the term does not include
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1 trainees, persons who perform screening for blood banks or
2 plasmapheresis centers, phlebotomists, or persons employed by
3 a clinical laboratory to perform manual pretesting duties or
4 clerical, personnel, or other administrative responsibilities.
5 (5)(4) "Clinical laboratory trainee" means any person
6 having qualifying education who is enrolled in a clinical
7 laboratory training program approved pursuant to s. 483.811
8 and who is seeking experience required to meet minimum
9 qualifications for licensing in this state. Trainees may
10 perform procedures under direct and responsible supervision of
11 duly licensed clinical laboratory personnel, but they may not
12 report test results.
13 (6)(5) "Department" means the Department of Health
14 Business and Professional Regulation.
15 (7)(6) "Licensed practitioner of the healing arts"
16 means a physician licensed pursuant to chapter 458, chapter
17 459, or chapter 460; a dentist licensed pursuant to chapter
18 466; or a person licensed pursuant to chapter 461 or chapter
19 462.
20 (8) "Public health laboratory scientist" means any
21 licensed director, supervisor, technologist, or technician
22 engaged in laboratory testing of human specimens in a state,
23 county, or municipal public health laboratory.
24 Section 165. Subsections (1) and (2) of section
25 483.809, Florida Statutes, are amended to read:
26 483.809 Licensure; examinations; registration of
27 trainees; approval of curricula.--
28 (1) LICENSING; QUALIFICATIONS.--
29 (a) The department shall provide biennial licensure of
30 all clinical laboratory personnel who the board certifies have
31 met meeting the requirements of this part and shall prescribe
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1 the qualifications necessary for such licensure. The license
2 of any person who fails to pay a required fee or otherwise
3 fails to qualify within 60 days after the date of expiration
4 of such license shall be automatically canceled without notice
5 or further proceedings unless the individual has made
6 application for inactive status pursuant to s. 483.819.
7 (b) Personnel qualifications may require appropriate
8 education, training, or experience or the passing of an
9 examination in appropriate subjects or any combination of
10 these, but no practitioner of the healing arts licensed to
11 practice in this state is required to obtain any license under
12 this part or to pay any fee hereunder except the fee required
13 for clinical laboratory licensure.
14 (2) EXAMINATIONS.--The department shall conduct
15 examinations required by board rules to determine in part the
16 qualification of clinical laboratory personnel for licensure.
17 An approved national certification examination may be accepted
18 in lieu of state examination for public health scientists.
19 Section 166. Section 483.812, Florida Statutes, is
20 created to read:
21 483.812 Public health laboratory scientists;
22 licensure.--
23 (1) Applicants at the director and supervisor level in
24 the category of public health who are registered by the
25 National Registry of Clinical Chemistry Certification or the
26 American Society of Microbiology may qualify under board rules
27 by passing the appropriate supervision and administration
28 examination.
29 (2)(a) A technologist applicant for licensure in the
30 category of public health microbiology, with a baccalaureate
31 degree in one of the biological sciences from an accredited
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1 institution, may use the American Society of Microbiology or
2 the National Registry of Microbiology Certification in Public
3 Health Microbiology to qualify for a technologist license in
4 public health microbiology. Such a technologist may work in a
5 public health microbiology laboratory.
6 (b) A technologist applicant for licensure in the
7 category of public health chemistry, with a baccalaureate
8 degree in one of the chemical, biological, or physical
9 sciences from an accredited institution, may use the National
10 Registry of Clinical Chemistry Certification to qualify for a
11 technologist license in public health chemistry. Such a
12 technologist may work in a public health chemistry laboratory.
13 (c) A technician applicant for licensure in the
14 category of public health, with a baccalaureate degree in one
15 of the chemical or biological sciences from an accredited
16 institution, may obtain a one-time, 3-year, conditional public
17 health technician license pending national certification by
18 the American Society of Microbiology or the National Registry
19 of Clinical Chemistry Certification. Such a technician may
20 perform testing only under the direct supervision of a
21 licensed pathologist, director, supervisor, or technologist.
22 (3) A person licensed by the Board of Clinical
23 Laboratory Personnel may work in a public health laboratory at
24 the appropriate level and specialty.
25 Section 167. Section 483.813, Florida Statutes, is
26 amended to read:
27 483.813 Clinical laboratory personnel license.--A
28 person may not conduct a clinical laboratory examination or
29 report the results of such examination unless such person is
30 licensed under this part to perform such procedures. However,
31 this provision does not apply to any practitioner of the
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1 healing arts authorized to practice in this state. The
2 department may grant a temporary license to any candidate it
3 deems properly qualified, for a period not to exceed 1 year,
4 or a conditional license for a period not to exceed 3 years 6
5 months.
6 Section 168. Section 483.823, Florida Statutes, is
7 amended to read:
8 483.823 Qualifications of clinical laboratory
9 personnel.--
10 (1) The board shall prescribe minimal qualifications
11 for clinical laboratory personnel and shall issue a license to
12 any person who meets the minimum qualifications and who
13 demonstrates that he possesses the character, training, and
14 ability to qualify in those areas for which the license is
15 sought.
16 (2) Personnel qualifications may require appropriate
17 education, training, or experience or the passing of an
18 examination in appropriate subjects or any combination of
19 these, but no practitioner of the healing arts licensed to
20 practice in this state is required to obtain any license under
21 this part or to pay any fee hereunder except the fee required
22 for clinical laboratory licensure.
23 Section 169. Section 483.825, Florida Statutes, is
24 amended to read:
25 483.825 Grounds for disciplinary action against
26 clinical laboratory personnel.--The following acts constitute
27 grounds for which disciplinary actions specified in s. 483.827
28 may be taken against applicants, registrants, and licensees
29 under this part clinical laboratory personnel:
30 (1) Attempting to obtain, obtaining, or renewing a
31 license or registration under this part by bribery, by
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1 fraudulent misrepresentation, or through an error of the
2 department or the board Making a fraudulent statement on an
3 application for a license or any other document required by
4 the department.
5 (2) Engaging in or attempting to engage in, or
6 representing himself as entitled to perform, any clinical
7 laboratory procedure or category of procedures not authorized
8 pursuant to his license.
9 (3) Demonstrating incompetence or making consistent
10 errors in the performance of clinical laboratory examinations
11 or procedures or erroneous reporting.
12 (4) Performing a test and rendering a report thereon
13 to a person not authorized by law to receive such services.
14 (5) Having been convicted of a felony or of any crime
15 involving moral turpitude under the laws of any state or of
16 the United States. The record of conviction or a certified
17 copy thereof shall be conclusive evidence of such conviction.
18 (6) Having been adjudged mentally or physically
19 incompetent.
20 (7) Violating or aiding and abetting in the violation
21 of any provision of this part or the rules adopted hereunder.
22 (8) Reporting a test result when no laboratory test
23 was performed on a clinical specimen.
24 (9) Knowingly advertising false services or
25 credentials.
26 (10) Having a license revoked, suspended, or otherwise
27 acted against, including the denial of licensure, by the
28 licensing authority of another jurisdiction. The licensing
29 authority's acceptance of a relinquishment of a license,
30 stipulation, consent order, or other settlement, offered in
31 response to or in anticipation of the filing of administrative
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1 charges against the licensee, shall be construed as action
2 against the licensee.
3 (11) Failing to report to the board, in writing,
4 within 30 days if action under subsection (10) has been taken
5 against one's license to practice as clinical laboratory
6 personnel in another state, territory, or country.
7 (12) Being unable to perform or report clinical
8 laboratory examinations with reasonable skill and safety to
9 patients by reason of illness or use of alcohol, drugs,
10 narcotics, chemicals, or any other type of material or as a
11 result of any mental or physical condition. In enforcing this
12 paragraph, the department shall have, upon a finding of the
13 secretary or his or her designee that probable cause exists to
14 believe that the licensee is unable to practice because of the
15 reasons stated in this paragraph, the authority to issue an
16 order to compel a licensee to submit to a mental or physical
17 examination by physicians designated by the department. If
18 the licensee refuses to comply with such order, the
19 department's order directing such examination may be enforced
20 by filing a petition for enforcement in the circuit court
21 where the licensee resides or does business. The department
22 shall be entitled to the summary procedure provided in s.
23 51.011. A licensee affected under this paragraph shall at
24 reasonable intervals be afforded an opportunity to demonstrate
25 that he or she can resume competent practice with reasonable
26 skill and safety to patients.
27 (13) Delegating professional responsibilities to a
28 person when the licensee delegating such responsibilities
29 knows, or has reason to know, that such person is not
30 qualified by training, experience, or licensure to perform
31 them.
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1 Section 170. Section 483.828, Florida Statutes, is
2 created to read:
3 483.828 Penalty for violations.--
4 (1) Each of the following acts constitutes a felony of
5 the third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084:
7 (a) Practicing as clinical laboratory personnel
8 without an active license.
9 (b) Using or attempting to use a license to practice
10 as clinical laboratory personnel which is suspended or
11 revoked.
12 (c) Attempting to obtain or obtaining a license to
13 practice as clinical laboratory personnel by knowing
14 misrepresentation.
15 (2) Each of the following act constitutes a
16 misdemeanor of the first degree, punishable as provided in s.
17 775.082 or s. 775.083:
18 (a) Knowingly concealing information relating to
19 violations of this part.
20 (b) Making any willfully false oath or affirmation
21 whenever an oath or affirmation is required by this part.
22 (c) Leading the public to believe that one is licensed
23 as clinical laboratory personnel, or is engaged in licensed
24 practice as clinical laboratory personnel, without holding a
25 valid, active license.
26 Section 171. Section 483.901, Florida Statutes, is
27 amended to read:
28 483.901 Medical physicists; definitions; licensure.--
29 (1) SHORT TITLE.--This section may be cited as the
30 "Florida Medical Physicists Act."
31
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1 (2) DECLARATION OF LEGISLATIVE POLICY.--The
2 Legislature finds that the practice of medical physics by
3 incompetent persons is a threat to the public health and
4 safety. It is, therefore, the responsibility of this state to
5 protect the public health and safety from the harmful effects
6 of excessive and unnecessary radiation by ensuring that the
7 practice of medical physics is entrusted only to persons who
8 are licensed under this section.
9 (3) DEFINITIONS.--As used in this section, the term:
10 (a) "Agency" means the Agency for Health Care
11 Administration or its successor.
12 (a)(b) "Council" means the Advisory Council of Medical
13 Physicists in the Department of Health Agency for Health Care
14 Administration.
15 (b) "Department" means the Department of Health.
16 (c) "Diagnostic radiological physics" means the
17 specialty of medical physics which deals with the diagnostic
18 application and safe use of X rays, gamma rays from sealed
19 sources, ultrasonic radiation, radio frequency radiation, or
20 magnetic fields, and the use of equipment associated with the
21 production, use, measurement, and evaluation of the radiation
22 and the quality of the diagnostic image resulting from its
23 production and use.
24 (d) "License" means a certificate issued by the
25 department agency which authorizes the holder to practice
26 medical physics.
27 (e) "Licensed medical physicist" means a person who
28 holds a license issued under this section.
29 (f) "Medical health physics" means the specialty of
30 medical physics which deals with the safe use of X rays, gamma
31 rays, electron or other charged particle beams, neutrons,
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1 radionuclides, and radiation from sealed sources, for both
2 diagnostic and therapeutic purposes in human beings and the
3 use of equipment required to perform appropriate tests and
4 measurements that do not involve the direct application of
5 radiation to humans for diagnostic or therapeutic procedures.
6 (g) "Medical nuclear radiological physics" means the
7 specialty of medical physics which deals with the therapeutic
8 and diagnostic application and safe use of radionuclides,
9 except those used in sealed sources for therapeutic purposes,
10 and the use of equipment associated with the production, use,
11 measurement, and evaluation of radionuclides.
12 (h) "Medical physics" means the branch of physics
13 which is associated with the practice of medicine. It
14 includes the fields of diagnostic radiological physics,
15 therapeutic radiological physics, medical nuclear radiological
16 physics, and medical health physics.
17 (i) "Physician" means a doctor of medicine,
18 osteopathic medicine osteopathy, podiatry, dentistry, or
19 chiropractic who is licensed in this state and who prescribes
20 a radiological procedure.
21 (j) "Practice of medical physics" means the use of
22 principles and accepted protocols of physics to ensure assure
23 the correct quality, quantity, and placement of radiation
24 during the performance of a radiological procedure prescribed
25 by a physician which will protect the patient and others from
26 harmful excessive radiation. The term includes radiation beam
27 calibration and characterization quality assurance, instrument
28 specification, acceptance testing, shielding design,
29 protection analysis on radiation-emitting equipment and
30 radiopharmaceuticals, and consultation with a physician to
31 ensure assure accurate radiation dosage to a specific patient.
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1 (k) "Radiation" means ionizing or nonionizing
2 radiation above background levels which is used to perform a
3 diagnostic or therapeutic medical or dental radiological
4 procedure.
5 (l) "Radiological procedure" means a test,
6 measurement, calculation, or radiation exposure used in the
7 diagnosis or treatment of diseases or other medical or dental
8 conditions in human beings that includes therapeutic
9 radiation, diagnostic radiation, nuclear magnetic resonance,
10 or nuclear medicine procedures.
11 (m) "Therapeutic radiological physics" means that
12 specialty of medical physics which deals with the therapeutic
13 application and safe use of X rays, gamma rays, electron or
14 other charged particle beams, neutrons, or radiation from
15 radionuclide sources, and the use of equipment associated with
16 the production, use, measurement, and evaluation of that
17 radiation.
18 (4) COUNCIL.--The Advisory Council of Medical
19 Physicists is created in the Department of Health Agency for
20 Health Care Administration to advise the department in
21 regulating regulate the practice of medical physics in this
22 state.
23 (a) The council shall be composed of nine seven
24 members appointed by the secretary of the department director
25 as follows:
26 1. A licensed medical physicist who specializes in
27 diagnostic radiological physics.
28 2. A licensed medical physicist who specializes in
29 therapeutic radiological physics.
30 3. A licensed medical physicist who specializes in
31 medical nuclear radiological physics.
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1 4. A physician who is board certified by the American
2 Board of Radiology or its equivalent.
3 5. A physician who is board certified by the American
4 Osteopathic Board of Radiology or its equivalent.
5 6. A physician who is board certified by the American
6 Chiropractic Radiology Board of Chiropractic Radiology or its
7 equivalent.
8 7. Three A consumer members member who are is not, and
9 have has never been, licensed as a medical physicist or
10 licensed in any closely related profession.
11 (b) The secretary of the department director shall
12 appoint the medical physicist members of the council from a
13 list of candidates who are licensed to practice medical
14 physics.
15 (c) The secretary of the department director shall
16 appoint the physician members member of the council from a
17 list of candidates who are licensed to practice medicine in
18 this state and are board certified in diagnostic radiology,
19 therapeutic radiology, or radiation oncology.
20 (d) The secretary of the department director shall
21 appoint the public members member of the council.
22 (e) As the term of each member expires, the secretary
23 of the department director shall appoint the successor for a
24 term of 4 3 years. A member shall serve until the member's
25 his successor is appointed, unless physically unable to do so.
26 (f) An individual is ineligible to serve more than two
27 full consecutive 4-year 3-year terms.
28 (g) If a vacancy on the council occurs, the director
29 shall appoint a member to serve for a 4-year 3-year term.
30
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1 (h) A council member must be a United States citizen
2 and must have been a resident of this state for 2 consecutive
3 years immediately before being appointed.
4 1. A member of the council who is a medical physicist
5 must have practiced for at least 6 years before being
6 appointed or be board certified for the specialty in which the
7 member practices.
8 2. A member of the council who is a physician must be
9 licensed to practice medicine in this state and must have
10 practiced diagnostic radiology or radiation oncology in this
11 state for at least 2 years before being appointed.
12 3. The public members member of the council must not
13 have a financial interest in any endeavor related to the
14 practice of medical physics.
15 (i) Notwithstanding any other provision of this
16 subsection, no later than January 1, 1996, the secretary of
17 the department director shall make the initial appointments to
18 the council as follows:
19 1. One member who is engaged in the practice of
20 medical physics, one physician member, and one public member,
21 each of whom is to be appointed to serve until June 30, 1996;
22 2. One member who is engaged in the practice of
23 medical physics and one physician member, each of whom is to
24 be appointed to serve until June 30, 1997; and
25 3. One member who is engaged in the practice of
26 medical physics and one physician member, each of whom is to
27 be appointed to serve until June 30, 1998.
28 (j) A council member may be removed from the council
29 if the member:
30 1. Did not have the required qualifications at the
31 time of appointment;
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1 2. Does not maintain the required qualifications while
2 serving on the council; or
3 3. Fails to attend the regularly scheduled council
4 meetings in a calendar year as required by s. 455.207.
5 (k) Members of the council may not receive
6 compensation for their services; however, they are entitled to
7 reimbursement, from funds deposited in the Medical Quality
8 Assurance Health Care Trust Fund, for necessary travel
9 expenses as specified in s. 112.061 for each day they engage
10 in the business of the council.
11 (l) At the first regularly scheduled meeting of each
12 calendar year, the council shall elect a presiding officer and
13 an assistant presiding officer from among its members. The
14 council shall meet at least once each year and at other times
15 in accordance with department requirements agency rules.
16 (m) The department agency shall provide administrative
17 support to the council for all licensing activities.
18 (n) The council may conduct its meetings
19 electronically.
20 (5) POWERS OF COUNCIL.--The council shall:
21 (a) Recommend rules to administer this section.
22 (b) Recommend practice standards for the practice of
23 medical physics which are consistent with the Guidelines for
24 Ethical Practice for Medical Physicists prepared by the
25 American Association of Physicists in Medicine and
26 disciplinary guidelines adopted under s. 455.2273.
27 (c) Develop and recommend continuing education
28 requirements for licensed medical physicists.
29 (6) LICENSE REQUIRED.--An individual may not engage in
30 the practice of medical physics, including the specialties of
31 diagnostic radiological physics, therapeutic radiological
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1 physics, medical nuclear radiological physics, or medical
2 health physics, without a license issued by the department
3 agency for the appropriate specialty.
4 (a) The department agency shall adopt rules to
5 administer this section which specify license application and
6 renewal fees, continuing education requirements, and standards
7 for practicing medical physics. The council shall recommend
8 to the department agency continuing education requirements
9 that shall be a condition of license renewal. The department
10 agency shall require a minimum of 24 hours per biennium of
11 continuing education offered by an organization recommended by
12 the council and approved by the department. The department,
13 upon recommendation of the council, may adopt rules to specify
14 continuing education requirements for persons who hold a
15 license in more than one specialty.
16 (b) In order to apply for a medical physicist license
17 in one or more specialties, a person must file an individual
18 application for each specialty with the department agency.
19 The application must be on a form prescribed by the department
20 agency and must be accompanied by a nonrefundable application
21 fee for each specialty.
22 (c) The department may issue a license to an eligible
23 applicant if the applicant meets all license requirements. At
24 any time before the department agency issues or renews a
25 license, the applicant may request in writing that the
26 application be withdrawn. To reapply, the applicant must
27 submit a new application and an additional nonrefundable
28 application fee and must meet all current licensure
29 requirements.
30
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1 (d) The department agency shall review each completed
2 application for a license which the department agency
3 receives.
4 (e) The agency may issue a license to an eligible
5 applicant if the applicant meets all license requirements.
6 1. Licenses must be uniform and must include:
7 a. The name of the licensee;
8 b. The medical physics specialty that the licensee may
9 practice; and
10 c. The expiration date of the license.
11 2. A license certificate is the property of the agency
12 and must be surrendered on demand.
13 3. The agency shall adopt rules establishing a
14 procedure for the biennial renewal of licenses.
15 4. A person may renew an unexpired license by meeting
16 the renewal requirements, paying the nonrefundable renewal fee
17 before the expiration of the license, and meeting continuing
18 education requirements.
19 5. The cost to renew a license within 90 days after
20 the license has expired is the normal renewal fee plus a
21 penalty in the amount of half the renewal fee.
22 6. The cost to renew a license that has been expired
23 for more than 90 days but less than 2 years is the normal
24 renewal fee plus a penalty in the amount of the renewal fee.
25 7. A license may not be renewed after it has been
26 expired for more than 2 years. To be relicensed, a person
27 must comply with all current application requirements to
28 practice medical physics and must submit a new application and
29 nonrefundable application fee to the agency.
30
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1 (e)(f) On receipt of an application and fee as
2 specified in this section, the department agency may issue a
3 license to practice medical physics in this state:
4 1. Until October 1, 1997, to a person who meets any of
5 the following requirements:
6 a. Earned from an accredited college or university a
7 doctoral degree in physics, medical physics, biophysics,
8 radiological physics, medical health physics, or nuclear
9 engineering and has at least 2 years' experience in the
10 practice of the medical physics specialty for which
11 application is made.
12 b. Earned from an accredited college or university a
13 master's degree in physics, medical physics, biophysics,
14 radiological physics, medical health physics, or nuclear
15 engineering and has at least 3 years' experience in the
16 practice of the medical physics specialty for which
17 application is made.
18 c. Earned from an accredited college or university a
19 bachelor's degree in physics and has at least 5 years'
20 experience in the practice of the medical physics specialty
21 for which application is made.
22 d. Has at least 8 years' experience in the practice of
23 the medical physics specialty for which application is made, 2
24 years of which must have been earned within the 4 years
25 immediately preceding application for licensure.
26 e. Is board certified in the medical physics specialty
27 in which the applicant applies to practice by the American
28 Board of Radiology for diagnostic radiological physics,
29 therapeutic radiological physics, or medical nuclear
30 radiological physics; by the American Board of Medical Physics
31 or the Canadian Board of Medical Physics for diagnostic
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1 radiological physics, therapeutic radiological physics, or
2 medical nuclear radiological physics; or by the American Board
3 of Health Physics or an equivalent certifying body approved by
4 the agency.
5 1. Until October 1, 1997, to a person who has earned
6 from an accredited college or university a master's degree or
7 doctoral degree in physics, medical physics, biophysics,
8 radiological physics, medical health physics, or nuclear
9 engineering, and has at least 2 years of experience in the
10 practice of the medical physics specialty for which
11 application is made during the 4 years immediately before the
12 application is made.
13 2. On or after October 1, 1997, to a person who:
14 a. Holds a license to practice medical physics in this
15 state; or
16 b. is board certified in the medical physics specialty
17 in which the applicant applies to practice by the American
18 Board of Radiology for diagnostic radiological physics,
19 therapeutic radiological physics, or medical nuclear
20 radiological physics; by the American Board of Medical Physics
21 for diagnostic radiological physics, therapeutic radiological
22 physics, or medical nuclear radiological physics; or by the
23 American Board of Health Physics or an equivalent certifying
24 body approved by the department agency.
25 (f)(g) A licensee shall:
26 1. Display the license in a place accessible to the
27 public; and
28 2. Report immediately any change in the licensee's
29 address or name to the department agency.
30 (g) The following acts are grounds for which the
31 disciplinary actions in paragraph (h) may be taken:
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1 1. Obtaining or attempting to obtain a license by
2 bribery, fraud, knowing misrepresentation, or concealment of
3 material fact or through an error of the department.
4 2. Having a license denied, revoked, suspended, or
5 otherwise acted against in another jurisdiction.
6 3. Being convicted or found guilty of, or entering a
7 plea of nolo contendere to, regardless of adjudication, a
8 crime in any jurisdiction which relates to the practice of, or
9 the ability to practice, the profession of medical physics.
10 4. Willfully failing to file a report or record
11 required for medical physics or willfully impeding or
12 obstructing the filing of a report or record required by this
13 section or inducing another person to do so.
14 5. Making misleading, deceptive, or fraudulent
15 representations in or related to the practice of medical
16 physics.
17 6. Willfully failing to report any known violation of
18 this section or any rule adopted thereunder.
19 7. Willfully or repeatedly violating a rule adopted
20 under this section or an order of the department.
21 8. Failing to perform any statutory or legal
22 obligation placed upon a licensee.
23 9. Aiding, assisting, procuring, employing, or
24 advising any unlicensed person to practice medical physics
25 contrary to this section or any rule adopted thereunder.
26 10. Delegating or contracting for the performance of
27 professional responsibilities by a person when the licensee
28 delegating or contracting such responsibilities knows, or has
29 reason to know, such person is not qualified by training,
30 experience, and authorization to perform them.
31
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1 11. Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities the licensee knows, or has
4 reason to know, the licensee is not competent to perform.
5 12. Gross or repeated malpractice or the inability to
6 practice medical physics with reasonable skill and safety.
7 13. Judicially determined mental incompetency.
8 14. Being unable to practice medical physics with
9 reasonable skill and safety because of a mental or physical
10 condition or illness or the use of alcohol, controlled
11 substances, or any other substance which impairs one's ability
12 to practice.
13 a. The department may, upon probable cause, compel a
14 licensee to submit to a mental or physical examination by
15 physicians designated by the department. The cost of an
16 examination shall be borne by the licensee, and the licensee's
17 failure to submit to such an examination constitutes an
18 admission of the allegations against the licensee, consequent
19 upon which a default and a final order may be entered without
20 the taking of testimony or presentation of evidence, unless
21 the failure was due to circumstances beyond the licensee's
22 control.
23 b. A licensee who is disciplined under this
24 subparagraph shall, at reasonable intervals, be afforded an
25 opportunity to demonstrate that the licensee can resume the
26 practice of medical physics with reasonable skill and safety.
27 c. With respect to any proceeding under this
28 subparagraph, the record of proceedings or the orders entered
29 by the department may not be used against a licensee in any
30 other proceeding.
31
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1 (h) When the department finds any person guilty of any
2 of the grounds set forth in paragraph (g), including conduct
3 that would constitute a substantial violation of paragraph (g)
4 which occurred prior to licensure, it may enter an order
5 imposing one or more of the following penalties:
6 1. Deny the application for licensure.
7 2. Revoke or suspend the license.
8 3. Impose an administrative fine for each count or
9 separate offense.
10 4. Place the licensee on probation for a specified
11 time and subject the licensee to such conditions as the
12 department determines necessary, including requiring
13 treatment, continuing education courses, or working under the
14 monitoring or supervision of another licensee.
15 5. Restrict a licensee's practice.
16 6. Issue a reprimand to the licensee.
17 (i) The department may not issue or reinstate a
18 license to a person it has deemed unqualified until it is
19 satisfied that such person has complied with the terms and
20 conditions of the final order and that the licensee can safely
21 practice medical physics.
22 (h) The agency may refuse to issue or renew a license,
23 suspend or revoke a license, or reprimand the licensee for the
24 following:
25 1. Obtaining or renewing a license by means of fraud,
26 misrepresentation, or concealment of material fact;
27 2. Having made an application for or held a license
28 issued by the licensing authority of another state, territory,
29 or jurisdiction which was denied, suspended, or revoked by
30 that licensing authority without so informing the agency;
31
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1 3. Engaging in unprofessional conduct related to the
2 practice of medical physics that has endangered or is likely
3 to endanger the health, safety, or welfare of the public;
4 4. Violating this section, a rule of the agency, or
5 the practice standards for medical physics; or
6 5. Being convicted of a felony or of a misdemeanor
7 that directly relates to a person's duties and
8 responsibilities as a licensed medical physicist.
9 (j)(i) The department agency may issue a temporary
10 license to an applicant pending completion of the application
11 process.
12 (7) FEES.--The fee for the initial license application
13 shall be $500 and is nonrefundable. The fee for license
14 renewal may not be more than $500. These fees may cover only
15 the costs incurred by the department agency and the council to
16 administer this section. By July 1 each year, the department
17 agency shall advise the council if the fees are insufficient
18 to administer this section.
19 (8) DISPOSITION OF FEES.--The department agency shall
20 deposit all funds received into the Health Care Trust Fund.
21 (9) PENALTY FOR VIOLATIONS.--It is a felony of the
22 third degree, punishable as provided in s. 775.082, s.
23 775.083, or s. 775.084, to:
24 (a) Practice or attempt to practice medical physics or
25 hold oneself out to be a licensed medical physicist without
26 holding an active license.
27 (b) Practice or attempt to practice medical physics
28 under a name other than one's own.
29 (c) Use or attempt to use a revoked or suspended
30 license or the license of another.
31
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1 (9) OFFENSES.--A person is in violation of this
2 section if the person intentionally or knowingly:
3 (a) Practices medical physics in violation of this
4 section; or
5 (b) Uses letters, terminology, symbols, or signs to
6 indicate or imply qualifications or licensure to practice
7 medical physics in any manner for which the person is not
8 licensed.
9 (10) PENALTIES.--
10 (a) A person who violates this section or any rule
11 adopted under this section is guilty of a felony of the third
12 degree, punishable as provided in s. 775.082, s. 775.083, or
13 s. 775.084.
14 (b) The agency may modify, deny, suspend, or revoke a
15 license, or may impose an administrative fine not to exceed
16 $1,000 per violation, for the violation of any provision of
17 this section, rule adopted under this section, or terms or
18 conditions of any license issued by the agency. The agency
19 shall develop specific disciplinary guidelines in accordance
20 with s. 455.2273.
21 1. In determining the amount of a fine that is to be
22 levied for a violation, the following factors must be
23 considered:
24 a. The severity of the violation and the extent to
25 which this section, any rule adopted under this section, or
26 any term or condition of any license was violated.
27 b. Any action taken by the licensee to correct the
28 violation.
29 c. Any previous violation by the licensee.
30 2. All amounts collected under this section must be
31 deposited in the Health Care Trust Fund.
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1 (c) If the agency determines that the licensee
2 presents a clear and present danger to the public health or
3 safety, the agency may issue an emergency order that
4 immediately suspends or revokes his license.
5 (10)(11) EXEMPTIONS.--This section does not apply to:
6 (a) A physician who is licensed by this state to the
7 extent that the physician he practices within the scope of the
8 physician's his training, education, and licensure;
9 (b) A person who is licensed under part IV of chapter
10 468 to the extent that the person he practices within the
11 scope of the person's his training, education, and licensure;
12 (c) A person who performs beam calibration and
13 characterization, quality assurance, instrument specification,
14 acceptance testing, shielding design, or protection analysis
15 on radiation-emitting equipment or radiopharmaceuticals in
16 connection with procedures that are not involved with the
17 diagnosis or treatment of disease or other medical or dental
18 conditions in humans;
19 (d) A person who is employed by a federal or state
20 regulatory agency and is performing duties within the scope of
21 the person's employment;
22 (e) A student or intern who practices medical physics
23 in conjunction with a program at an accredited college or
24 university to the extent that the student or intern is
25 adequately supervised by a licensed medical physicist or
26 licensed physician; or
27 (f) A dentist or any person working under the
28 dentist's his supervision pursuant to chapter 466 to the
29 extent that the dentist or the person supervised by the
30 dentist is practicing within the scope of his or her training,
31 education, and licensure.
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1 (12) LICENSURE EXCEPTION.--Notwithstanding the
2 provisions of subsections (1)-(11), any medical physicist who,
3 as of July 1, 1995, has practiced medical physics for 5 years
4 or longer is entitled to continue to so practice and need not
5 be licensed as a medical physicist.
6 Section 172. Subsection (2) of section 484.041,
7 Florida Statutes, is amended to read:
8 484.041 Definitions.--As used in this part, the term:
9 (2) "Department" means the Department of Health
10 Business and Professional Regulation.
11 Section 173. Subsection (1) of section 484.042,
12 Florida Statutes, is amended to read:
13 484.042 Board of Hearing Aid Specialists; membership,
14 appointment, terms.--
15 (1) The Board of Hearing Aid Specialists is created
16 within the Department of Health Business and Professional
17 Regulation and shall consist of nine members to be appointed
18 by the Governor and confirmed by the Senate.
19 Section 174. Subsection (2) of section 484.051,
20 Florida Statutes, is amended to read:
21 484.051 Itemization of prices; delivery of hearing
22 aid; receipt, packaging, disclaimer, guarantee.--
23 (2) Any person who fits and sells a hearing aid shall,
24 at the time of delivery, provide the purchaser with a receipt
25 containing the seller's signature, the address of his regular
26 place of business, and his license or trainee registration
27 number, if applicable, together with the brand, model,
28 manufacturer or manufacturer's identification code, and serial
29 number of the hearing aid furnished and the amount charged for
30 the hearing aid. The receipt also shall specify whether the
31 hearing aid is new, used, or rebuilt and shall specify the
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1 length of time and other terms of the guarantee and by whom
2 the hearing aid is guaranteed. When the client has requested
3 an itemized list of prices, the receipt shall also provide an
4 itemization of the total purchase price, including, but not
5 limited to, the cost of the aid, earmold, batteries and other
6 accessories, and any services. Notice of the availability of
7 this service shall be displayed in a conspicuous manner in the
8 office. The receipt also shall state that any complaint
9 concerning the hearing aid and guarantee therefor, if not
10 reconciled with the licensee from whom the hearing aid was
11 purchased, should be directed by the purchaser to the
12 Department of Health Business and Professional Regulation. The
13 address and telephone number of such office shall be stated on
14 the receipt.
15 Section 175. Subsection (2) of section 486.021,
16 Florida Statutes, is amended to read:
17 486.021 Definitions.--In this chapter, unless the
18 context otherwise requires, the term:
19 (2) "Department" means the Department of Health
20 Business and Professional Regulation.
21 Section 176. Section 486.023, Florida Statutes, is
22 amended to read:
23 486.023 Board of Physical Therapy Practice.--
24 (1) There is created within the department the Board
25 of Physical Therapy Practice, composed of seven members,
26 recommended by the Florida Physical Therapy Association and
27 appointed by the Governor and, subject to confirmation by the
28 Senate.
29 (2) Five board members shall be licensed physical
30 therapists in good standing in this state who are residents of
31 this state and who have been engaged in the practice of
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1 physical therapy for at least 4 years immediately prior to
2 their appointment. One licensed physical therapist board
3 member may be a full-time faculty member teaching in a
4 physical therapy curriculum in an educational institution in
5 this state. One of The two remaining members shall be
6 residents a resident of this state who have has never been a
7 licensed health care practitioners practitioner. One of the
8 two remaining members shall be a health care practitioner
9 licensed under chapter 458 or chapter 459 who is a resident of
10 this state and has been engaged as a licensed health care
11 practitioner for at least 4 years immediately prior to his or
12 her appointment.
13 (3) Within 90 days after October 1, 1989, the Governor
14 shall appoint the board as follows:
15 (a) Two members for terms of 2 years each.
16 (b) Two members for terms of 3 years each.
17 (c) Three members for terms of 4 years each.
18 (3)(4) As the terms of the members expire, the
19 Governor shall appoint successors for terms of 4 years, and
20 such members shall serve until their successors are appointed.
21 (4)(5) All provisions of chapter 455 relating to
22 activities of the board shall apply.
23 Section 177. Section 486.031, Florida Statutes, is
24 amended to read:
25 486.031 Physical therapist; licensing
26 requirements.--To be eligible for licensing as a physical
27 therapist, 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 of physical
31 therapy which has been approved for the educational
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1 preparation of physical therapists by the appropriate
2 accrediting agency recognized by the Commission on Recognition
3 of Postsecondary Accreditation (formerly the National
4 Commission on Accrediting and the Federation of Regional
5 Accrediting Commissions of Higher Education) or the United
6 States Department of Education at the time of his graduation
7 and have passed, to the satisfaction of the board, the
8 American Registry Examination prior to 1971 or a national an
9 examination approved administered by the board department to
10 determine his fitness for practice as a physical therapist as
11 hereinafter provided; or
12 (b) Have received a diploma from a program in physical
13 therapy in a foreign country and have educational credentials
14 deemed equivalent to those required for the educational
15 preparation of physical therapists in this country, as
16 recognized by the appropriate agency as identified by the
17 board, and have passed to the satisfaction of the board an
18 examination administered by the department to determine his
19 fitness for practice as a physical therapist as hereinafter
20 provided; or
21 (c) Be entitled to licensure without examination as
22 provided in s. 486.081.
23 Section 178. Section 486.041, Florida Statutes, is
24 amended to read:
25 486.041 Physical therapist; application for license;
26 fee; temporary permit.--
27 (1) A person who desires to be licensed as a physical
28 therapist shall apply to the department board in writing on a
29 form furnished by the department. He shall embody in that
30 application evidence under oath, satisfactory to the board, of
31 his possessing the qualifications preliminary to examination
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1 required by s. 486.031. He shall pay to the department at the
2 time of filing his application a fee not to exceed $100, as
3 fixed by the board, plus the actual per applicant cost to the
4 department for purchase of the examination from the
5 Professional Examination Services for the American Physical
6 Therapist's Association or a similar national organization.
7 If an applicant is deemed ineligible to take the examination,
8 that part of his application fee which is to be used for
9 examination expenses shall be returned.
10 (2) If a person desires to practice physical therapy
11 before becoming licensed through examination, he shall apply
12 to the board for a temporary permit in accordance with rules
13 adopted pursuant to this chapter.
14 (a) A temporary permit shall only be issued for a
15 limited period of time, not to exceed 1 year, and shall not be
16 renewable. A temporary permit shall automatically expire if an
17 applicant fails the examination.
18 (b) An applicant for licensure by examination and
19 practicing under a temporary permit shall do so only under the
20 direct supervision of a licensed physical therapist.
21 Section 179. Section 486.051, Florida Statutes, is
22 amended to read:
23 486.051 Physical therapist; examination of
24 applicant.--The department shall provide for examination of
25 applicants for licensing as physical therapists at least once
26 a year, and more often at the discretion of the board, at a
27 time and place to be determined by the department. The
28 examinations of an applicant for licensing as a physical
29 therapist shall be administered by the department, in
30 accordance with rules adopted by the board, to test the
31 applicant's qualifications and shall include the taking of a
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1 written test by the applicant. If an applicant fails to pass
2 the examination in three attempts, he shall not be eligible
3 for reexamination unless he completes additional educational
4 or training requirements prescribed by the board. An
5 applicant who has completed the additional educational 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, he is no
9 longer eligible to take the examination.
10 Section 180. Section 486.081, Florida Statutes, is
11 amended to read:
12 486.081 Physical therapist; issuance of license
13 without examination to person passing examination of another
14 authorized examining board; temporary permit; fee.--
15 (1) The board may cause a license to be issued through
16 the department without examination to any applicant who
17 presents evidence satisfactory to the board of having passed
18 the American Registry Examination prior to 1971 or an
19 examination in physical therapy before a similar lawfully
20 authorized examining board of another state, the District of
21 Columbia, a territory, or a foreign country, if the standards
22 for licensure in physical therapy in such other state,
23 district, territory, or foreign country are determined by the
24 board to be as high as those of this state, as established by
25 rules adopted pursuant to this chapter. Any person who holds a
26 license pursuant to this section may use the words "physical
27 therapist" or "physiotherapist," or the letters "P.T.," in
28 connection with his name or place of business to denote his
29 licensure hereunder.
30 (2) At the time of making application for licensure
31 without examination pursuant to the terms of this section, the
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1 applicant shall pay to the department a fee not to exceed $175
2 as fixed by the board, no part of which will be returned.
3 (3) If a person desires to practice physical therapy
4 before becoming licensed through endorsement, he shall apply
5 to the board for a temporary permit in accordance with rules
6 adopted pursuant to this chapter. A temporary permit shall
7 only be issued for a limited period of time, not to exceed 1
8 year, and shall not be renewable.
9 Section 181. Section 486.102, Florida Statutes, is
10 amended to read:
11 486.102 Physical therapist assistant; licensing
12 requirements.--To be eligible for licensing by the board as a
13 physical therapist assistant, an applicant must:
14 (1) Be at least 18 years old;
15 (2) Be of good moral character; and
16 (3)(a) Have been graduated from a school giving a
17 course of not less than 2 years for physical therapist
18 assistants, which has been approved for the educational
19 preparation of physical therapist assistants by the
20 appropriate accrediting agency recognized by the Commission on
21 Recognition of Postsecondary Accreditation (formerly the
22 National Commission on Accrediting and the Federation of
23 Regional Accrediting Commissions of Higher Education) or the
24 United States Department of Education at the time of his
25 graduation and have passed to the satisfaction of the board an
26 examination administered by the department to determine his
27 fitness for practice as a physical therapist assistant as
28 hereinafter provided; or
29 (b) Have been graduated from a school giving a course
30 for physical therapist assistants in a foreign country and
31 have educational credentials deemed equivalent to those
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1 required for the educational preparation of physical therapist
2 assistants in this country, as recognized by the appropriate
3 agency as identified by the board, and passed to the
4 satisfaction of the board an examination conducted by the
5 department to determine his fitness for practice as a physical
6 therapist assistant as hereinafter provided; or
7 (c) Be entitled to licensure without examination as
8 provided in s. 486.107.
9 Section 182. Section 486.103, Florida Statutes, is
10 amended to read:
11 486.103 Physical therapist assistant; application for
12 license; fee; temporary permit.--
13 (1) A person who desires to be licensed as a physical
14 therapist assistant shall apply to the department board in
15 writing on a form furnished by the department. He shall
16 embody in that application evidence under oath, satisfactory
17 to the board, of his possessing the qualifications preliminary
18 to examination required by s. 486.104. He shall pay to the
19 department at the time of filing his application a fee not to
20 exceed $100, as fixed by the board, plus the actual per
21 applicant cost to the department for purchase of the
22 examination from the Professional Examination Services for the
23 American Physical Therapist's Association or a similar
24 national organization. If an applicant is deemed ineligible
25 to take the examination, that part of his application fee
26 which is to be used for examination expenses shall be
27 returned.
28 (2) If a person desires to work as a physical
29 therapist assistant before being licensed through examination,
30 he shall apply for a temporary permit in accordance with rules
31 adopted pursuant to this chapter.
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1 (a) A temporary permit shall only be issued for a
2 limited period of time, not to exceed 1 year, and shall not be
3 renewable. A temporary permit shall automatically expire if an
4 applicant fails the examination.
5 (b) An applicant for licensure by examination who is
6 practicing under a temporary permit shall do so only under the
7 direct supervision of a licensed physical therapist.
8 Section 183. Section 486.104, Florida Statutes, is
9 amended to read:
10 486.104 Physical therapist assistant; examination of
11 applicant.--The department shall provide for examination of
12 applicants for licensing as physical therapist assistants at
13 least once a year, and more often at the discretion of the
14 board, at a time and place to be determined by the department.
15 The examination of an applicant for licensing as a physical
16 therapist assistant shall be provided by the department, in
17 accordance with rules adopted by the board, to test the
18 applicant's qualifications and shall include the taking of a
19 written test by the applicant. If an applicant fails to pass
20 the examination in three attempts, he shall not be eligible
21 for reexamination unless he completes additional educational
22 or training requirements prescribed by the board. An
23 applicant who has completed the additional educational or
24 training requirements prescribed by the board may take the
25 examination on two more occasions. If the applicant has
26 failed to pass the examination after five attempts, he is no
27 longer eligible to take the examination.
28 Section 184. Section 486.123, Florida Statutes, is
29 created to read:
30 486.123 Sexual misconduct in the practice of physical
31 therapy.--The physical therapist-patient relationship is
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1 founded on mutual trust. Sexual misconduct in the practice of
2 physical therapy means violation of the physical
3 therapist-patient relationship through which the physical
4 therapist uses that relationship to induce or attempt to
5 induce the patient to engage, or to engage or attempt to
6 engage the patient, in sexual activity outside the scope of
7 practice or the scope of generally accepted examination or
8 treatment of the patient. Sexual misconduct in the practice
9 of physical therapy is prohibited.
10 Section 185. Paragraph (g) is added to subsection (2)
11 of section 486.125, Florida Statutes, to read:
12 486.125 Refusal, revocation, or suspension of license;
13 administrative fines and other disciplinary measures.--
14 (2) When the board finds any person guilty of any of
15 the grounds set forth in subsection (1), it may enter an order
16 imposing one or more of the following penalties:
17 (g) Recovery of actual costs of investigation and
18 prosecution.
19 Section 186. Subsection (11) is added to section
20 641.495, Florida Statutes, 1996 Supplement, to read:
21 641.495 Requirements for issuance and maintenance of
22 certificate.--
23 (11) The organization shall designate a medical
24 director who is a physician licensed under chapter 458 or
25 chapter 459.
26 Section 187. Subsection (3) of section 499.012,
27 Florida Statutes, is amended to read:
28 499.012 Wholesale distribution; definitions; permits;
29 general requirements.--
30 (3)(a) A person that engages in wholesale distribution
31 of prescription drugs in this state must have a wholesale
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1 distributor's permit issued by the department, except as noted
2 in this section. Each establishment must be separately
3 permitted except as noted in this subsection.
4 (a) A separate establishment permit is not required
5 when a permitted prescription drug wholesaler consigns a
6 prescription drug to a pharmacy that is permitted under
7 chapter 465 and located in this state, provided that:
8 1. The consignor wholesaler notifies the department in
9 writing of the contract to consign prescription drugs to a
10 pharmacy along with the identity and location of each
11 consignee pharmacy;
12 2. The pharmacy maintains its permit under chapter
13 465;
14 3. The consignor wholesaler, which has no legal
15 authority to dispense prescription drugs, complies with all
16 wholesale distribution requirements of s. 499.0121 with
17 respect to the consigned drugs and maintains records
18 documenting the transfer of title or other completion of the
19 wholesale distribution of the consigned prescription drugs;
20 4. The distribution of the prescription drug is
21 otherwise lawful under this chapter and other applicable law;
22 5. Open packages containing prescription drugs within
23 a pharmacy are the responsibility of the pharmacy, regardless
24 of how the drugs are titled; and
25 6. The pharmacy dispenses the consigned prescription
26 drug in accordance with the limitations of its permit under
27 chapter 465 or returns the consigned prescription drug to the
28 consignor wholesaler. In addition, a person who holds title to
29 prescription drugs may transfer the drugs to a person
30 permitted or licensed to handle the reverse distribution or
31 destruction of drugs. Any other distribution by and means of
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1 the consigned prescription drug by any person, not limited to
2 the consignor wholesaler or consignee pharmacy, to any other
3 person is prohibited.
4 (b) A wholesale distributor's permit is not required
5 for the one-time transfer of title of a pharmacy's lawfully
6 acquired prescription drug inventory by a pharmacy with a
7 valid permit issued under chapter 465 to a consignor
8 prescription drug wholesaler, permitted under this chapter, in
9 accordance with a written consignment agreement between the
10 pharmacy and that wholesaler if: the permitted pharmacy and
11 the permitted prescription drug wholesaler comply with all of
12 the provisions of paragraph (3)(a) and the prescription drugs
13 continue to be within the permitted pharmacy's inventory for
14 dispensing in accordance with the limitations of the pharmacy
15 permit under chapter 465. A consignor drug wholesaler may not
16 use the pharmacy as a wholesale distributor through which it
17 distributes the legend drugs to other pharmacies. Nothing in
18 this section is intended to prevent a wholesale drug
19 distributor from obtaining this inventory in the event of
20 nonpayment by the pharmacy.
21 (c)(b) The department shall require information from
22 each wholesale distributor as part of the permit and renewal
23 of such permit, as required under s. 499.01.
24 Section 188. The Board of Medicine shall adopt rules
25 to establish practice guidelines for physicians to safely
26 prescribe phentermine, fenfluramine, and other drugs used to
27 treat obesity.
28 Section 189. The Board of Osteopathic Medicine shall
29 adopt rules to establish practice guidelines for physicians to
30 safely prescribe phentermine, fenfluramine, and other drugs
31 used to treat obesity.
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1 Section 190. Subsections (6) through (11) of section
2 409.9122, Florida Statutes, 1996 Supplement, are redesignated
3 as subsections (7) through (12), respectively, and a new
4 subsection (6) is added to that section to read:
5 409.9122 Mandatory Medicaid managed care enrollment;
6 programs and procedures.--
7