Senate Bill 2476

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    Florida Senate - 1998                                  SB 2476

    By Senator Clary





    7-1106A-98

  1                      A bill to be entitled

  2         An act relating to the Department of Business

  3         and Professional Regulation; amending s.

  4         455.2226, F.S.; requiring funeral directors and

  5         embalmers to provide proof of completion of

  6         continuing education requirements; amending s.

  7         455.2228, F.S.; requiring barbers and

  8         cosmetologists to provide proof of completion

  9         of continuing education requirements; amending

10         s. 455.273, F.S.; revising provisions related

11         to the submission and processing of proof of

12         completing of continuing education requirements

13         for licensees regulated by the department;

14         providing for the department to contract for

15         this service; deleting requirements that

16         licensees sign such proof; amending s. 474.211,

17         F.S.; deleting an affidavit requirement for

18         veterinarians; amending s. 489.115, F.S.;

19         deleting a signature requirement for

20         contractors; providing effective dates.

21

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

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24         Section 1.  Subsection (2) of section 455.2226, Florida

25  Statutes, is amended to read:

26         455.2226  Funeral directors and embalmers; instruction

27  on human immunodeficiency virus and acquired immune deficiency

28  syndrome.--

29         (2)  Each such licensee or certificateholder shall

30  provide proof of completion of continuing education

31  requirements, pursuant to departmental rule, in the same

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    Florida Senate - 1998                                  SB 2476
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  1  manner as any other continuing education requirement for

  2  license renewal submit confirmation of having completed said

  3  course, on a form as provided by the board, when submitting

  4  fees for each biennial renewal.

  5         Section 2.  Subsection (2) of section 455.2228, Florida

  6  Statutes, is amended to read:

  7         455.2228  Barbers and cosmetologists; instruction on

  8  human immunodeficiency virus and acquired immune deficiency

  9  syndrome.--

10         (2)  Each licensee shall provide proof of completion of

11  continuing education requirements, pursuant to departmental

12  rule, in the same manner as any other continuing education

13  requirements for license renewal. When filing fees for each

14  biennial renewal, each licensee shall submit confirmation of

15  having completed said course, on a form provided by the board

16  or by the department if there is no board.  At the time of the

17  subsequent biennial renewal when coursework is to be

18  completed, if the licensee has not submitted confirmation

19  which has been received and recorded by the board, or

20  department if there is no board, the department shall not

21  renew the license.

22         Section 3.  Subsection 455.273, Florida Statutes, is

23  amended to read:

24         455.273  Renewal and cancellation notices.--

25         (1)  At least 90 days before the end of a licensure

26  cycle, the Department of Business and Professional Regulation

27  shall:

28         (a)  Forward a licensure renewal notification to an

29  active or inactive licensee at the licensee's last known

30  address of record with the department.

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    Florida Senate - 1998                                  SB 2476
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  1         (b)  Forward a notice of pending cancellation of

  2  licensure to a delinquent status licensee at the licensee's

  3  last known address of record with the department.

  4         (2)  Each licensure renewal notification and each

  5  notice of pending cancellation of licensure must state

  6  conspicuously that a licensee who remains on inactive status

  7  for more than two consecutive biennial licensure cycles and

  8  who wishes to reactivate the license may be required to

  9  demonstrate the competency to resume active practice by

10  sitting for a special purpose examination or by completing

11  other reactivation requirements, as defined by rule of the

12  board or the department when there is no board.

13         (3)  Completion of continuing education requirements is

14  a mandatory prerequisite for license renewal, but the failure

15  to complete and report continuing education requirements is

16  not grounds for discipline. The license of a licensee who does

17  not complete required continuing education shall revert to a

18  delinquent status.

19         (4)  Any continuing education required for license

20  renewal must be completed 6 months before the end of a renewal

21  period. One year before the end of the renewal period, the

22  department shall notify the licensee of all approved

23  continuing education reported by the licensee as having been

24  completed.

25         (5)(a)  The department shall monitor completion of

26  continuing education requirements for licensees or may

27  contract for the monitoring of such requirements. The

28  department or its contractor may:

29         1.  Establish a continuing education audit fee for

30  continuing education providers or licensees who complete

31  self-directed study or any other approved, self-directed,

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    Florida Senate - 1998                                  SB 2476
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  1  nonstructured continuing education. The continuing education

  2  audit fee must be approved by the department and may not

  3  exceed $    per course.

  4         2.  Collect from continuing education providers or

  5  licensees who complete self-directed study or any other

  6  approved continuing education, sufficient information, as

  7  determined by board rule, or by department rule where there is

  8  no board, to determine whether the requirements for continuing

  9  education have been met.

10         3.  When the monitoring of continuing education is

11  performed by contract, provide in the contract that the audit

12  fee is to be paid directly to the contractor and not to the

13  department.

14         (b)  A board, or the department where there is no

15  board, may require licensees who take continuing education

16  from national providers or from providers who offer continuing

17  education on a limited basis, or in other situations where it

18  would be more practicable, to report directly to the monitor

19  and pay the monitor a continuing-education audit fee. Such fee

20  may be a different amount than the fee paid by providers, in

21  order to reflect the additional expenses incurred by the

22  monitor, but may not exceed $      per course.

23         (6)  The department shall establish by rule a procedure

24  for notifying licensees who do not timely complete continuing

25  education requirements and the procedure for ineligible

26  licensees to regain eligibility for renewal. Such rule may

27  provide for a late processing fee, not to exceed $    .

28         (7)  Subsections (3)-(6) do not apply to licensees

29  during the renewal cycle in effect on the effective date of

30  this act if less than 12 months remain in the renewal cycle.

31  For such licensees, pre-existing law related to renewals and

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    Florida Senate - 1998                                  SB 2476
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  1  continuing education applies until the next renewal cycle,

  2  except that monitoring will be performed by random

  3  post-renewal audits.

  4         (8)  Affidavits, reports, or other signed documents,

  5  for proof of continuing education are not required, and

  6  submission of the renewal notice and payment of the renewal

  7  fee by the licensee constitutes the licensee's affirmation of

  8  compliance with all statutory and rule requirements associated

  9  with license renewal.

10         Section 4.  Subsection (1) of section 474.211, Florida

11  Statutes, is amended to read:

12         474.211  Renewal of license.--

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

14  of the renewal application and fee and an affidavit of

15  compliance with continuing education requirements set by rule

16  of the board.

17         Section 5.  Paragraph (c) of subsection (4) of section

18  489.115, Florida Statutes, is amended to read:

19         489.115  Certification and registration; endorsement;

20  reciprocity; renewals; continuing education.--

21         (4)

22         (c)  The certificateholder or registrant shall

23  complete, sign, and forward the renewal application to the

24  department, together with the appropriate fee. Upon receipt of

25  the application and fee, the department shall renew the

26  certificate or registration.

27         Section 6.  This act shall take effect upon becoming a

28  law, except that section 3 shall take effect on the date the

29  Department of Business and Professional Regulation executes a

30  contract to monitor continuing education, on the date the

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    Florida Senate - 1998                                  SB 2476
    7-1106A-98




  1  department announces its decision to conduct such monitoring

  2  in-house, or on October 1, 1999, whichever occurs first.

  3

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  5                          SENATE SUMMARY

  6    Revises provisions related to the submission and
      processing of proof of compliance with continuing
  7    education requirements by the Department of Business and
      Professional Regulation. Provides for funeral directors
  8    and embalmers, barbers, and cosmetologists to comply in
      the same manner as other licensees. Provides authority
  9    for the department to contract with outside vendors for
      such services. Deletes a requirement that veterinarians
10    provide affidavits and that contractors sign submissions
      regarding continuing education requirements. (See bill
11    for details.)

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