House Bill 4681
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Florida House of Representatives - 1998 HB 4681
By the Committee on Health Care Standards & Regulatory
Reform and Representative Jones
1 A bill to be entitled
2 An act relating to regulation of professions;
3 amending s. 455.225, F.S.; revising probable
4 cause provisions and eliminating or revising
5 obsolete references; amending s. 455.564, F.S.;
6 authorizing the Department of Health and
7 regulatory boards thereunder to refuse to issue
8 an initial license under circumstances relating
9 to ongoing investigations or prosecutions;
10 providing for certain alternative continuing
11 education credit; amending s. 455.565, F.S.;
12 requiring certain applicants for restricted
13 licensure as a physician to submit a set of
14 fingerprints; amending s. 455.574, F.S.;
15 providing the Department of Health rulemaking
16 authority with respect to examinations;
17 amending ss. 20.43, 120.80, 212.08, 215.37,
18 240.215, 310.102, 337.162, 381.0039, 383.32,
19 395.0193, 395.0197, 395.3025, 400.211, 400.491,
20 400.518, 408.061, 408.704, 409.2598, 409.908,
21 415.1055, 415.5055, 415.51, 440.13, 455.209,
22 455.213, 455.218, 455.2285, 455.565, 455.5651,
23 455.641, 455.651, 455.698, 455.717, 457.103,
24 458.307, 458.311, 458.3115, 458.3124, 458.319,
25 458.331, 458.343, 458.347, 459.004, 459.008,
26 459.015, 459.019, 459.022, 460.4061, 460.407,
27 461.007, 462.01, 463.002, 463.003, 463.016,
28 464.004, 465.004, 465.006, 466.004, 466.007,
29 466.018, 466.022, 466.028, 467.003, 468.1135,
30 468.1145, 468.1185, 468.1295, 468.1665,
31 468.1755, 468.1756, 468.205, 468.219, 468.364,
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1 468.365, 468.402, 468.4315, 468.453, 468.456,
2 468.4571, 468.506, 468.507, 468.513, 468.518,
3 468.523, 468.526, 468.532, 468.535, 468.701,
4 468.703, 468.707, 468.711, 468.719, 468.801,
5 468.811, 469.009, 470.003, 470.036, 471.008,
6 471.015, 471.033, 471.038, 472.015, 473.3035,
7 473.308, 473.311, 473.323, 474.204, 474.214,
8 474.2145, 475.021, 475.181, 475.25, 475.624,
9 476.204, 477.029, 480.044, 481.2055, 481.213,
10 481.225, 481.2251, 481.306, 481.311, 481.325,
11 483.805, 483.807, 483.901, 484.002, 484.003,
12 484.014, 484.042, 484.056, 486.023, 486.115,
13 486.172, 489.129, 489.533, 490.004, 490.00515,
14 490.009, 490.015, 491.004, 491.0047, 491.005,
15 491.009, 491.015, 492.103, 492.113, 627.6407,
16 627.6619, 627.668, 627.912, 636.039, 641.27,
17 641.316, 641.55, 766.106, 766.305, 766.308,
18 766.314, 817.505, 865.09, and 937.031, F.S.;
19 correcting references, cross references,
20 definitions, and terminology relating to
21 authority and jurisdiction of the Department of
22 Health; amending ss. 215.20, 391.208, 391.217,
23 400.5575, 408.20, and 641.60, F.S.; correcting
24 cross references relating to the Health Care
25 Trust Fund; amending ss. 39.01, 320.0848,
26 322.125, 381.0031, 381.026, 381.0261, 381.0302,
27 382.002, 395.0191, 395.0195, 395.1041, 395.301,
28 404.22, 409.906, 415.1034, 415.503, 415.504,
29 440.106, 440.13, 440.134, 440.15, 455.654,
30 455.684, 455.691, 455.694, 455.697, 455.698,
31 456.31, 456.32, 459.002, 460.403, 460.404,
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1 460.405, 460.406, 460.408, 460.411, 460.412,
2 460.413, 460.4166, 461.001, 461.002, 461.003,
3 461.004, 461.006, 461.009, 461.012, 461.013,
4 461.0134, 461.014, 461.015, 461.018, 462.01,
5 464.003, 468.301, 468.302, 468.304, 468.307,
6 468.314, 476.044, 477.0135, 483.901, 486.021,
7 486.161, 621.03, 627.351, 627.357, 627.419,
8 627.6482, 641.316, 641.425, 725.01, 766.101,
9 766.102, 766.103, 766.105, 766.110, 766.1115,
10 817.234, 893.02, 945.047, and 984.03, F.S.;
11 revising terminology relating to chiropractic
12 and podiatric medicine; retitling chapters 460
13 and 461, F.S., to conform; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsections (4) and (9) of section 455.225,
19 Florida Statutes, are amended to read:
20 455.225 Disciplinary proceedings.--Disciplinary
21 proceedings for each board shall be within the jurisdiction of
22 the department.
23 (4) The determination as to whether probable cause
24 exists shall be made by majority vote of a probable cause
25 panel of the board, or by the department, as appropriate. Each
26 regulatory board shall provide by rule that the determination
27 of probable cause shall be made by a panel of its members or
28 by the department. Each board may provide by rule for multiple
29 probable cause panels composed of at least two members. Each
30 board may provide by rule that one or more members of the
31 panel or panels may be a former board member. The length of
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1 term or repetition of service of any such former board member
2 on a probable cause panel may vary according to the direction
3 of the board when authorized by board rule. Any probable cause
4 panel must include one of the board's former or present
5 consumer members, if one is available, willing to serve, and
6 is authorized to do so by the board chair. Any probable cause
7 panel must include a present board member. Any probable cause
8 panel must include a former or present professional board
9 member. However, any former professional board member serving
10 on the probable cause panel must hold an active valid license
11 for that profession. All proceedings of the panel are exempt
12 from s. 286.011 until 10 days after probable cause has been
13 found to exist by the panel or until the subject of the
14 investigation waives his or her privilege of confidentiality.
15 The probable cause panel may make a reasonable request, and
16 upon such request the department shall provide such additional
17 investigative information as is necessary to the determination
18 of probable cause. A request for additional investigative
19 information shall be made within 15 days from the date of
20 receipt by the probable cause panel of the investigative
21 report of the department. The probable cause panel or the
22 department, as may be appropriate, shall make its
23 determination of probable cause within 30 days after receipt
24 by it of the final investigative report of the department. The
25 secretary may grant extensions of the 15-day and the 30-day
26 time limits. In lieu of a finding of probable cause, the
27 probable cause panel, or the department when there is no
28 board, may issue a letter of guidance to the subject. If,
29 within the 30-day time limit, as may be extended, the probable
30 cause panel does not make a determination regarding the
31 existence of probable cause or does not issue a letter of
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1 guidance in lieu of a finding of probable cause, the
2 department agency, for disciplinary cases under its
3 jurisdiction, must make a determination regarding the
4 existence of probable cause within 10 days after the
5 expiration of the time limit. In addition, if the probable
6 cause panel finds no probable cause, the department may
7 determine within 10 days thereafter that probable cause
8 exists. If the probable cause panel finds that probable cause
9 exists, it shall direct the department to file a formal
10 complaint against the licensee. The department shall follow
11 the directions of the probable cause panel regarding the
12 filing of a formal complaint. If directed to do so, the
13 department shall file a formal complaint against the subject
14 of the investigation and prosecute that complaint pursuant to
15 chapter 120. However, the department may decide not to
16 prosecute the complaint if it finds that probable cause had
17 been improvidently found by the panel. In such cases, the
18 department shall refer the matter to the board. The board may
19 then file a formal complaint and prosecute the complaint
20 pursuant to chapter 120. The department shall also refer to
21 the board any investigation or disciplinary proceeding not
22 before the Division of Administrative Hearings pursuant to
23 chapter 120 or otherwise completed by the department within 1
24 year after the filing of a complaint. The department agency,
25 for disciplinary cases under its jurisdiction, must establish
26 a uniform reporting system to quarterly refer to each board
27 the status of any investigation or disciplinary proceeding
28 that is not before the Division of Administrative Hearings or
29 otherwise completed by the department or agency within 1 year
30 after the filing of the complaint. Annually, the agency, for
31 disciplinary cases under its jurisdiction if there is no
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1 board, or each board must establish a plan to reduce or
2 otherwise close any investigation or disciplinary proceeding
3 that is not before the Division of Administrative Hearings or
4 otherwise completed by the agency within 1 year after the
5 filing of the complaint. A probable cause panel or a board
6 may retain independent legal counsel, employ investigators,
7 and continue the investigation as it deems necessary; all
8 costs thereof shall be paid from the Professional Regulation
9 Trust Fund. All proceedings of the probable cause panel are
10 exempt from s. 120.525.
11 (9)(a) The department shall periodically notify the
12 person who filed the complaint of the status of the
13 investigation, whether probable cause has been found, and the
14 status of any civil action or administrative proceeding or
15 appeal.
16 (b) In any disciplinary case under the jurisdiction of
17 the Agency for Health Care Administration for which probable
18 cause has been found, the Agency for Health Care
19 Administration shall provide to the person who filed the
20 complaint a copy of the administrative complaint, including:
21 1. A written explanation of how an administrative
22 complaint is resolved by the disciplinary process.
23 2. A written explanation of how and when the person
24 may participate in the disciplinary process.
25 3. A written notice of any hearing before the Division
26 of Administrative Hearings or the regulatory board at which
27 final agency action is taken.
28 (c) In any disciplinary case for which probable cause
29 is not found, the Agency for Health Care Administration shall
30 so inform the person who filed the complaint and notify that
31 person that he or she may, within 60 days, provide any
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1 additional information to the probable cause panel which may
2 be relevant to the decision. In any administrative proceeding
3 under s. 120.57, the person who filed the disciplinary
4 complaint shall have the right to present oral or written
5 communication relating to the alleged disciplinary violations
6 or to the appropriate penalty.
7 Section 2. Subsections (1) and (5) of section 455.564,
8 Florida Statutes, are amended, present subsections (3) through
9 (10) are renumbered as subsections (4) through (11),
10 respectively, and a new subsection (3) is added to said
11 section, to read:
12 455.564 Department; general licensing provisions.--
13 (1) Any person desiring to be licensed in a profession
14 within the jurisdiction of the department shall apply to the
15 department in writing to take the licensure examination. The
16 application shall be made on a form prepared and furnished by
17 the department and shall require the social security number of
18 the applicant. The form shall be supplemented as needed to
19 reflect any material change in any circumstance or condition
20 stated in the application which takes place between the
21 initial filing of the application and the final grant or
22 denial of the license and which might affect the decision of
23 the department. In order to further the economic development
24 goals of the state, and notwithstanding any law to the
25 contrary, the department agency may enter into an agreement
26 with the county tax collector for the purpose of appointing
27 the county tax collector as the department's agency's agent to
28 accept applications for licenses and applications for renewals
29 of licenses. The agreement must specify the time within which
30 the tax collector must forward any applications and
31 accompanying application fees to the department agency.
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1 (3) The board, or the department when there is no
2 board, may refuse to issue an initial license to any applicant
3 who is under investigation or prosecution in any jurisdiction
4 for an action that would constitute a violation of this part
5 or the professional practice acts administered by the
6 department and the boards, until such time as the
7 investigation or prosecution is complete.
8 (6)(5) As a condition of renewal of a license, the
9 Board of Medicine, the Board of Osteopathic Medicine, the
10 Board of Chiropractic Medicine, and the Board of Podiatric
11 Medicine shall each require licensees which they respectively
12 regulate to periodically demonstrate their professional
13 competency by completing at least 40 hours of continuing
14 education every 2 years, which may include up to 1 hour of
15 risk management or cost containment and up to 2 hours of other
16 topics related to the applicable medical specialty, if
17 required by board rule. Each of such boards shall determine
18 whether any specific course requirements not otherwise
19 mandated by law shall be mandated and shall approve criteria
20 for, and the content of, any course mandated by such board.
21 Notwithstanding any other provision of law, the board, or the
22 department when there is no board, may approve by rule
23 alternative methods of obtaining risk management continuing
24 education credits, including personal attendance at a board
25 meeting in which a licensee is disciplined, service as a
26 volunteer expert witness for the department in licensure
27 disciplinary cases, and service as a probable cause panel
28 member following the expiration of a board member's term.
29 Section 3. Paragraph (a) of subsection (4) of section
30 455.565, Florida Statutes, is amended to read:
31
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1 455.565 Designated healthcare professionals;
2 information required for licensure.--
3 (4)(a) An applicant for initial licensure must submit
4 a set of fingerprints to the Department of Health in
5 accordance with s. 458.311, s. 458.3115, s. 458.3124, s.
6 458.313, s. 459.0055, s. 460.406, or s. 461.006.
7 Section 4. Subsection (1) of section 455.574, Florida
8 Statutes, is amended to read:
9 455.574 Department of Health; examinations.--
10 (1)(a) The department shall provide, contract, or
11 approve services for the development, preparation,
12 administration, scoring, score reporting, and evaluation of
13 all examinations, in consultation with the appropriate board.
14 The department shall certify that examinations developed and
15 approved by the department adequately and reliably measure an
16 applicant's ability to practice the profession regulated by
17 the department. After an examination developed or approved by
18 the department has been administered, the board, or the
19 department when there is no board, may reject any question
20 which does not reliably measure the general areas of
21 competency specified in the rules of the board. The
22 department may contract for the preparation, administration,
23 scoring, score reporting, and evaluation of examinations, when
24 such services are available and approved by the board.
25 (b) For each examination developed by the department
26 or contracted vendor, to the extent not otherwise specified by
27 statute, the board, or the department when there is no board,
28 shall by rule specify the general areas of competency to be
29 covered by each examination, the relative weight to be
30 assigned in grading each area tested, and the score necessary
31 to achieve a passing grade, and fees, where applicable, to
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1 cover the actual cost for any purchase, development, and
2 administration of required examinations. This subsection does
3 not apply to national examinations approved and administered
4 pursuant to paragraph (c). If a practical examination is
5 deemed to be necessary, the rules shall specify the criteria
6 by which examiners are to be selected, the grading criteria to
7 be used by the examiner, the relative weight to be assigned in
8 grading each criterion, and the score necessary to achieve a
9 passing grade. When a mandatory standardization exercise for a
10 practical examination is required by law, the board, or the
11 department when there is no board, may conduct such exercise.
12 Therefore, board members, or employees of the department when
13 there is no board, may serve as examiners at a practical
14 examination with the consent of the board or department, as
15 appropriate.
16 (c) The board, or the department when there is no
17 board, may approve by rule the use of any national examination
18 which the department has certified as meeting requirements of
19 national examinations and generally accepted testing standards
20 pursuant to department rules. Providers of examinations
21 seeking certification by the department shall pay the actual
22 costs incurred by the department in making a determination
23 regarding the certification. The name and number of a
24 candidate may be provided to a national contractor for the
25 limited purpose of preparing the grade tape and information to
26 be returned to the board or department; or, to the extent
27 otherwise specified by rule, the candidate may apply directly
28 to the vendor of the national examination and supply test
29 score information to the department. The department may
30 delegate to the board the duty to provide and administer the
31 examination. Any national examination approved by a board, or
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1 the department when there is no board, prior to October 1,
2 1997, is deemed certified under this paragraph.
3 (d) Each board, or the department when there is no
4 board, shall adopt rules regarding the security and monitoring
5 of examinations. The department shall implement those rules
6 adopted by the respective boards. In order to maintain the
7 security of examinations, the department may employ the
8 procedures set forth in s. 455.637 to seek fines and
9 injunctive relief against an examinee who violates the
10 provisions of s. 455.577 or the rules adopted pursuant to this
11 paragraph. The department, or any agent thereof, may, for the
12 purposes of investigation, confiscate any written,
13 photographic, or recording material or device in the
14 possession of the examinee at the examination site which the
15 department deems necessary to enforce such provisions or
16 rules.
17 (e) If the professional board with jurisdiction over
18 an examination concurs, the department may, for a fee, share
19 with any other state's licensing authority an examination
20 developed by or for the department unless prohibited by a
21 contract entered into by the department for development or
22 purchase of the examination. The department, with the
23 concurrence of the appropriate board, shall establish
24 guidelines that ensure security of a shared exam and shall
25 require that any other state's licensing authority comply with
26 those guidelines. Those guidelines shall be approved by the
27 appropriate professional board. All fees paid by the user
28 shall be applied to the department's examination and
29 development program for professions regulated by this part.
30
31
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1 The department may adopt rules necessary to implement this
2 subsection.
3 Section 5. Paragraph (g) of subsection (3) of section
4 20.43, Florida Statutes, is amended to read:
5 20.43 Department of Health.--There is created a
6 Department of Health.
7 (3) The following divisions of the Department of
8 Health are established:
9 (g) Division of Medical Quality Assurance, which is
10 responsible for the following boards and professions
11 established within the division:
12 1. Nursing assistants, as provided under s. 400.211.
13 2. Health care services pools, as provided under s.
14 402.48.
15 3. The Board of Acupuncture, created under chapter
16 457.
17 4. The Board of Medicine, created under chapter 458.
18 5. The Board of Osteopathic Medicine, created under
19 chapter 459.
20 6. The Board of Chiropractic Medicine, created under
21 chapter 460.
22 7. The Board of Podiatric Medicine, created under
23 chapter 461.
24 8. Naturopathy, as provided under chapter 462.
25 9. The Board of Optometry, created under chapter 463.
26 10. The Board of Nursing, created under chapter 464.
27 11. The Board of Pharmacy, created under chapter 465.
28 12. The Board of Dentistry, created under chapter 466.
29 13. Midwifery, as provided under chapter 467.
30 14. The Board of Speech-Language Pathology and
31 Audiology, created under part I of chapter 468.
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1 15. The Board of Nursing Home Administrators, created
2 under part II of chapter 468.
3 16. Occupational therapy, as provided under part III
4 of chapter 468.
5 17. Respiratory therapy, as provided under part V of
6 chapter 468.
7 18. Dietetics and nutrition practice, as provided
8 under part X of chapter 468.
9 19. Athletic trainers, as provided under part XIII XIV
10 of chapter 468.
11 20. Electrolysis, as provided under chapter 478.
12 21. The Board of Massage Therapy, created under
13 chapter 480.
14 22. The Board of Clinical Laboratory Personnel,
15 created under part III of chapter 483.
16 23. Medical physicists, as provided under part IV of
17 chapter 483.
18 24. The Board of Opticianry, created under part I of
19 chapter 484.
20 25. The Board of Hearing Aid Specialists, created
21 under part II of chapter 484.
22 26. The Board of Physical Therapy Practice, created
23 under chapter 486.
24 27. The Board of Psychology, created under chapter
25 490.
26 28. The Board of Clinical Social Work, Marriage and
27 Family Therapy, and Mental Health Counseling, created under
28 chapter 491.
29
30 The department may contract with the Agency for Health Care
31 Administration who shall provide consumer complaint,
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1 investigative, and prosecutorial services required by the
2 Division of Medical Quality Assurance, councils, or boards, as
3 appropriate.
4 Section 6. Paragraph (b) of subsection (4) of section
5 120.80, Florida Statutes, is amended, and subsection (15) is
6 added to said section, to read:
7 120.80 Exceptions and special requirements;
8 agencies.--
9 (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL
10 REGULATION.--
11 (b) Professional regulation.--Notwithstanding s.
12 120.57(1)(a), formal hearings may not be conducted by the
13 Secretary of Business and Professional Regulation, the
14 director of the Agency for Health Care Administration, or a
15 board or member of a board within the Department of Business
16 and Professional Regulation or the Agency for Health Care
17 Administration for matters relating to the regulation of
18 professions, as defined by part I of chapter 455.
19 (15) DEPARTMENT OF HEALTH.--Notwithstanding s.
20 120.57(1)(a), formal hearings may not be conducted by the
21 Secretary of Health, the director of the Agency for Health
22 Care Administration, or a board or member of a board within
23 the Department of Health or the Agency for Health Care
24 Administration for matters relating to the regulation of
25 health care practitioners, as defined by part II of chapter
26 455.
27 Section 7. Paragraph (o)2.d. of subsection (7) of
28 section 212.08, Florida Statutes, is amended to read:
29 212.08 Sales, rental, use, consumption, distribution,
30 and storage tax; specified exemptions.--The sale at retail,
31 the rental, the use, the consumption, the distribution, and
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1 the storage to be used or consumed in this state of the
2 following are hereby specifically exempt from the tax imposed
3 by this chapter.
4 (7) MISCELLANEOUS EXEMPTIONS.--
5 (o) Religious, charitable, scientific, educational,
6 and veterans' institutions and organizations.--
7 2. The provisions of this section authorizing
8 exemptions from tax shall be strictly defined, limited, and
9 applied in each category as follows:
10 d. "Educational institutions" means state
11 tax-supported or parochial, church and nonprofit private
12 schools, colleges, or universities which conduct regular
13 classes and courses of study required for accreditation by, or
14 membership in, the Southern Association of Colleges and
15 Schools, the Department of Education, the Florida Council of
16 Independent Schools, or the Florida Association of Christian
17 Colleges and Schools, Inc., or nonprofit private schools which
18 conduct regular classes and courses of study accepted for
19 continuing education credit by a Board of the Division of
20 Medical Quality Assurance of the Department of Health Business
21 and Professional Regulation or which conduct regular classes
22 and courses of study accepted for continuing education credit
23 by the American Medical Association. Nonprofit libraries, art
24 galleries, performing arts centers that provide educational
25 programs to school children, which programs involve
26 performances or other educational activities at the performing
27 arts center and serve a minimum of 50,000 school children a
28 year, and museums open to the public are defined as
29 educational institutions and are eligible for exemption. The
30 term "educational institutions" includes private nonprofit
31 organizations the purpose of which is to raise funds for
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1 schools teaching grades kindergarten through high school,
2 colleges, and universities. The term "educational
3 institutions" includes any nonprofit newspaper of free or paid
4 circulation primarily on university or college campuses which
5 holds a current exemption from federal income tax under s.
6 501(c)(3) of the Internal Revenue Code, and any educational
7 television or radio network or system established pursuant to
8 s. 229.805 or s. 229.8051 and any nonprofit television or
9 radio station which is a part of such network or system and
10 which holds a current exemption from federal income tax under
11 s. 501(c)(3) of the Internal Revenue Code. The term
12 "educational institutions" also includes state, district, or
13 other governing or administrative offices the function of
14 which is to assist or regulate the customary activities of
15 educational organizations or members. The term "educational
16 institutions" also includes a nonprofit educational cable
17 consortium which holds a current exemption from federal income
18 tax under s. 501(c)(3) of the Internal Revenue Code of 1986,
19 as amended, whose primary purpose is the delivery of
20 educational and instructional cable television programming and
21 whose members are composed exclusively of educational
22 organizations which hold a valid consumer certificate of
23 exemption and which are either an educational institution as
24 defined in this sub-subparagraph, or qualified as a nonprofit
25 organization pursuant to s. 501(c)(3) of the Internal Revenue
26 Code of 1986, as amended.
27 Section 8. Subsections (1), (2), and (4) of section
28 215.37, Florida Statutes, are amended to read:
29 215.37 Department of Business and Professional
30 Regulation and the boards to be financed from fees collected;
31
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1 moneys deposited in trust fund; service charge imposed and
2 deposited into the General Revenue Fund; appropriation.--
3 (1) All fees, licenses, and other charges assessed to
4 practitioners of professions, as defined in part I of chapter
5 455, by the Department of Business and Professional Regulation
6 or a board within the department shall be collected by the
7 department and shall be deposited in the State Treasury into
8 the Professional Regulation Trust Fund to the credit of the
9 department.
10 (2) The regulation by the department of professions,
11 as defined in part I of chapter 455, shall be financed solely
12 from revenue collected by it from fees and other charges and
13 deposited in the Professional Regulation Trust Fund, and all
14 such revenue is hereby appropriated to the department.
15 However, it is legislative intent that each profession shall
16 operate within its anticipated fees.
17 (4) The department shall submit a balanced legislative
18 budget for its regulation of professions, as defined in part I
19 of chapter 455, by division and operating budgets as required
20 of all governmental subdivisions in chapters 215 and 216, to
21 be based upon anticipated revenues. Prior to development of
22 the department's budget request to the Legislature, the
23 department shall request that each board submit its proposed
24 budget for the operation of the board, the board's office, and
25 other activities or expanded programs of the board for
26 possible inclusion in the department's budget request. Prior
27 to submission of the department's budget request to the
28 Legislature, each board, at a regularly scheduled board
29 meeting, shall review the proposed request related to its
30 regulation of a profession, as defined in part I of chapter
31 455, and either approve the proposed request or submit to the
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1 secretary written exceptions to the department's proposed
2 budget. Any board making such exceptions must specify its
3 objections, the reasons for such exceptions, and proposed
4 alternatives to the department's request. The secretary shall
5 consider all exceptions. When a majority of boards agree on an
6 exception, the secretary shall make adjustments to the
7 department's budget request related to its regulation of
8 professions, as defined in part I of chapter 455, to reflect
9 the majority position. If appropriate, the secretary shall
10 file an exception on behalf of the department. The secretary
11 shall submit to the Legislature the department's amended
12 budget request along with any unresolved exceptions.
13 Section 9. Subsection (3) of section 240.215, Florida
14 Statutes, is amended to read:
15 240.215 Payment of costs of civil action against
16 employees or members of the Board of Regents.--
17 (3) All faculty physicians employed by the Board of
18 Regents who are subject to the requirements of s. 455.564
19 455.2141 shall complete their risk management continuing
20 education on issues specific to academic medicine. Such
21 continuing education shall include instruction for the
22 supervision of resident physicians as required by the
23 Accreditation Council for Graduate Medical Education. The
24 boards described in s. 455.564 455.2141 shall adopt rules to
25 implement the provisions of this subsection.
26 Section 10. Subsections (1) and (2) and paragraphs (a)
27 and (c) of subsection (3) of section 310.102, Florida
28 Statutes, are amended to read:
29 310.102 Treatment programs for impaired pilots and
30 deputy pilots.--
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1 (1) The department shall, by rule, designate approved
2 treatment programs for pilots and deputy pilots under this
3 section. The department may adopt rules setting forth
4 appropriate criteria for approval of treatment providers based
5 on the policies and guidelines established by the Impaired
6 Practitioners Committee under s. 455.704.
7 (2) The department shall retain one or more impaired
8 practitioner consultants as recommended by the committee. A
9 consultant shall be a licensee under the jurisdiction of the
10 Division of Medical Quality Assurance within the Department of
11 Health, and at least one consultant must be a practitioner
12 licensed under chapter 458, chapter 459, or chapter 464. The
13 consultant shall assist the probable cause panel and
14 department in carrying out the responsibilities of this
15 section. This shall include working with department
16 investigators to determine whether a pilot or deputy pilot is,
17 in fact, impaired.
18 (3)(a) Whenever the department receives a written or
19 oral legally sufficient complaint alleging that a pilot or
20 deputy pilot licensed or certificated by the department is
21 impaired as a result of the misuse or abuse of alcohol or
22 drugs, or both, or due to a mental or physical condition which
23 could affect the pilot's or deputy pilot's ability to practice
24 with skill and safety, and no complaint against the pilot or
25 deputy pilot other than impairment exists, the reporting of
26 such information shall not constitute a complaint within the
27 meaning of s. 455.225 455.255 if the probable cause panel
28 finds:
29 1. The pilot or deputy pilot has acknowledged the
30 impairment problem.
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1 2. The pilot or deputy pilot has voluntarily enrolled
2 in an appropriate, approved treatment program.
3 3. The pilot or deputy pilot has voluntarily withdrawn
4 from piloting or limited the scope of piloting as determined
5 by the panel, in each case, until such time as the panel is
6 satisfied the pilot or deputy pilot has successfully completed
7 an approved treatment program.
8 4. The pilot or deputy pilot has executed releases for
9 medical records, authorizing the release of all records of
10 evaluations, diagnoses, and treatment of the pilot or deputy
11 pilot, including records of treatment for emotional or mental
12 conditions, to the consultant. The consultant shall make no
13 copies or reports of records that do not regard the issue of
14 the pilot's or deputy pilot's impairment and his or her
15 participation in a treatment program.
16 (c) Inquiries related to impairment treatment programs
17 designed to provide information to the pilot or deputy pilot
18 and others and which do not indicate that the pilot or deputy
19 pilot presents a danger to the public shall not constitute a
20 complaint within the meaning of s. 455.225 455.255 and shall
21 be exempt from the provisions of this subsection.
22 Section 11. Subsections (2) and (3) of section
23 337.162, Florida Statutes, are amended to read:
24 337.162 Professional services.--Professional services
25 provided to the department that fall below acceptable
26 professional standards may result in transportation project
27 delays, overruns, and reduced facility life. To minimize these
28 effects and ensure that quality services are received, the
29 Legislature hereby declares that licensed professionals shall
30 be held accountable for the quality of the services they
31 provide to the department.
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1 (2) Any person who is employed by the department and
2 who is licensed by the Department of Business and Professional
3 Regulation and who, through the course of his or her
4 employment, has knowledge or reason to believe that any person
5 has violated the provisions of state professional licensing
6 laws or rules shall submit a complaint about the violations to
7 the Department of Business and Professional Regulation.
8 Failure to submit a complaint about the violations may be
9 grounds for disciplinary action pursuant to part I of chapter
10 455 and the state licensing law applicable to that licensee.
11 The complaint submitted to the Department of Business and
12 Professional Regulation and maintained by the department is
13 confidential and exempt from s. 119.07(1).
14 (3) Any complaints submitted to the Department of
15 Business and Professional Regulation pursuant to subsections
16 (1) and (2) are confidential and exempt from s. 119.07(1)
17 pursuant to part I of chapter 455 and applicable state law.
18 Section 12. Section 381.0039, Florida Statutes, is
19 amended to read:
20 381.0039 Oversight of acquired immune deficiency
21 syndrome education programs.--The Department of Education, the
22 Department of Health, and the Department of Business and
23 Professional Regulation are directed to establish an
24 interagency agreement to oversee the quality and cost
25 efficiency of acquired immune deficiency syndrome education
26 programs being administered in the state pursuant to chapters
27 381, 455, 943, and 945 and part II of chapter 455. The
28 interagency agreement shall also include development, where
29 appropriate, of methods for coordinating educational programs
30 for various professional groups.
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1 Section 13. Subsection (3) of section 383.32, Florida
2 Statutes, is amended to read:
3 383.32 Clinical records.--
4 (3) Clinical records shall be kept confidential in
5 accordance with s. 455.667 455.241 and exempt from the
6 provisions of s. 119.07(1). A client's clinical records shall
7 be open to inspection only under the following conditions:
8 (a) A consent to release information has been signed
9 by the client; or
10 (b) The review is made by the department for a
11 licensure survey or complaint investigation.
12 Section 14. Subsections (1) and (4) of section
13 395.0193, Florida Statutes, are amended to read:
14 395.0193 Licensed facilities; peer review;
15 disciplinary powers; agency or partnership with physicians.--
16 (1) It is the intent of the Legislature that good
17 faith participants in the process of investigating and
18 disciplining physicians pursuant to the state-mandated peer
19 review process shall, in addition to receiving immunity from
20 retaliatory tort suits pursuant to s. 455.621455.225(12), be
21 protected from federal antitrust suits filed under the Sherman
22 Anti-Trust Act, 15 U.S.C.A. ss. 1 et seq. Such intent is
23 within the public policy of the state to secure the provision
24 of quality medical services to the public.
25 (4) All final disciplinary actions taken under
26 subsection (3) shall be reported within 10 working days to the
27 Division of Health Quality Assurance of the agency in writing
28 and shall specify the disciplinary action taken and the
29 specific grounds therefor. The division shall review each
30 report and determine whether it potentially involved conduct
31 by the licensee that is subject to disciplinary action, in
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1 which case s. 455.621 455.225 shall apply. The report shall
2 not be subject to inspection under s. 119.07(1) even if the
3 division's investigation results in a finding of probable
4 cause.
5 Section 15. Paragraph (b) of subsection (5) and
6 subsections (6) and (11) of section 395.0197, Florida
7 Statutes, are amended to read:
8 395.0197 Internal risk management program.--
9 (5)
10 (b) The information reported to the agency pursuant to
11 paragraph (a) which relates to persons licensed under chapter
12 458, chapter 459, chapter 461, or chapter 466 shall be
13 reviewed by the agency. The agency shall determine whether
14 any of the incidents potentially involved conduct by a health
15 care professional who is subject to disciplinary action, in
16 which case the provisions of s. 455.621 455.225 shall apply.
17 (6) If an adverse or untoward incident, whether
18 occurring in the licensed facility or arising from health care
19 prior to admission in the licensed facility, results in:
20 (a) The death of a patient;
21 (b) Brain or spinal damage to a patient;
22 (c) The performance of a surgical procedure on the
23 wrong patient; or
24 (d) A surgical procedure unrelated to the patient's
25 diagnosis or medical needs being performed on any patient,
26 including the surgical repair of injuries or damage resulting
27 from the planned surgical procedure, wrong site or wrong
28 procedure surgeries, and procedures to remove foreign objects
29 remaining from surgical procedures,
30
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1 the licensed facility shall report this incident to the agency
2 within 15 calendar days after its occurrence. The agency may
3 require an additional, final report. These reports shall not
4 be available to the public pursuant to s. 119.07(1) or any
5 other law providing access to public records, nor be
6 discoverable or admissible in any civil or administrative
7 action, except in disciplinary proceedings by the agency or
8 the appropriate regulatory board, nor shall they be available
9 to the public as part of the record of investigation for and
10 prosecution in disciplinary proceedings made available to the
11 public by the agency or the appropriate regulatory board.
12 However, the agency or the appropriate regulatory board shall
13 make available, upon written request by a health care
14 professional against whom probable cause has been found, any
15 such records which form the basis of the determination of
16 probable cause. The agency may investigate, as it deems
17 appropriate, any such incident and prescribe measures that
18 must or may be taken in response to the incident. The agency
19 shall review each incident and determine whether it
20 potentially involved conduct by the health care professional
21 who is subject to disciplinary action, in which case the
22 provisions of s. 455.621 455.225 shall apply.
23 (11) The agency shall have access to all licensed
24 facility records necessary to carry out the provisions of this
25 section. The records obtained are not available to the public
26 under s. 119.07(1), nor shall they be discoverable or
27 admissible in any civil or administrative action, except in
28 disciplinary proceedings by the agency or the appropriate
29 regulatory board, nor shall records obtained pursuant to s.
30 455.611 455.223 be available to the public as part of the
31 record of investigation for and prosecution in disciplinary
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1 proceedings made available to the public by the agency or the
2 appropriate regulatory board. However, the agency or the
3 appropriate regulatory board shall make available, upon
4 written request by a health care professional against whom
5 probable cause has been found, any such records which form the
6 basis of the determination of probable cause, except that,
7 with respect to medical review committee records, s. 766.101
8 controls.
9 Section 16. Paragraph (e) of subsection (4) of section
10 395.3025, Florida Statutes, is amended to read:
11 395.3025 Patient and personnel records; copies;
12 examination.--
13 (4) Patient records are confidential and must not be
14 disclosed without the consent of the person to whom they
15 pertain, but appropriate disclosure may be made without such
16 consent to:
17 (e) The agency upon subpoena issued pursuant to s.
18 455.611 455.223, but the records obtained thereby must be used
19 solely for the purpose of the agency and the appropriate
20 professional board in its investigation, prosecution, and
21 appeal of disciplinary proceedings. If the agency requests
22 copies of the records, the facility shall charge no more than
23 its actual copying costs, including reasonable staff time. The
24 records must be sealed and must not be available to the public
25 pursuant to s. 119.07(1) or any other statute providing access
26 to records, nor may they be available to the public as part of
27 the record of investigation for and prosecution in
28 disciplinary proceedings made available to the public by the
29 agency or the appropriate regulatory board. However, the
30 agency must make available, upon written request by a
31 practitioner against whom probable cause has been found, any
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1 such records that form the basis of the determination of
2 probable cause.
3 Section 17. Subsections (1) and (8) of section
4 400.211, Florida Statutes, are amended to read:
5 400.211 Persons employed as nursing assistants;
6 certification requirement.--
7 (1) A person must be certified pursuant to this
8 section, except a registered nurse or practical nurse licensed
9 in accordance with the provisions of chapter 464 or an
10 applicant for such licensure who is permitted to practice
11 nursing in accordance with rules promulgated by the Board of
12 Nursing pursuant to chapter 464, to serve as a nursing
13 assistant in any nursing home. The Department of Health
14 Business and Professional Regulation shall issue a certificate
15 to any person who:
16 (a) Has successfully completed a nursing assistant
17 program in a state-approved school and has achieved a minimum
18 score of 75 percent on the written portion of the Florida
19 Nursing Assistant Certification Test approved by the
20 Department of Health Business and Professional Regulation and
21 administered by state-approved test site personnel;
22 (b) Has achieved a minimum score of 75 percent on the
23 written and performance portions of the Florida Nursing
24 Assistant Certification Test approved by the Department of
25 Health Business and Professional Regulation and administered
26 by state-approved test site personnel; or
27 (c) Is currently certified in another state, is on
28 that state's registry, has no findings of abuse, and has
29 achieved a minimum score of 75 percent on the written portion
30 of the Florida Nursing Assistant Certification Test approved
31 by the Department of Health Business and Professional
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1 Regulation and administered by state-approved test site
2 personnel.
3
4 An oral examination shall be administered upon request.
5 (8) The Department of Health Business and Professional
6 Regulation may adopt such rules as are necessary to carry out
7 this section.
8 Section 18. Section 400.491, Florida Statutes, is
9 amended to read:
10 400.491 Clinical records.--The home health agency must
11 maintain for each patient a clinical record that includes the
12 services the home health agency provides directly and those
13 provided through arrangement with another health care
14 provider, except for those services provided by persons
15 referred under s. 400.509. Such records must contain
16 pertinent past and current medical, nursing, social and other
17 therapeutic information, the plan of treatment, and other such
18 information as is necessary for the safe and adequate care of
19 the patient. When home health services are terminated, the
20 record must show the date and reason for termination. Such
21 records are considered patient records under s. 455.667
22 400.241, and must be maintained by the home health agency for
23 5 years following termination of services. If a patient
24 transfers to another home health agency, a copy of his or her
25 record must be provided to the other home health agency upon
26 request.
27 Section 19. Subsection (1) of section 400.518, Florida
28 Statutes, is amended to read:
29 400.518 Prohibited referrals to home health
30 agencies.--
31
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1 (1) A physician licensed under chapter 458 or chapter
2 459 must comply with s. 455.654 455.236.
3 Section 20. Subsection (9) of section 408.061, Florida
4 Statutes, is amended to read:
5 408.061 Data collection; uniform systems of financial
6 reporting; information relating to physician charges;
7 confidentiality of patient records; immunity.--
8 (9) The identity of any health care provider, health
9 care facility, or health insurer who submits any data which is
10 proprietary business information to the agency pursuant to the
11 provisions of this section shall remain confidential and
12 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
13 I of the State Constitution. As used in this section,
14 "proprietary business information" shall include, but not be
15 limited to, information relating to specific provider contract
16 reimbursement information; information relating to security
17 measures, systems, or procedures; and information concerning
18 bids or other contractual data, the disclosure of which would
19 impair efforts to contract for goods or services on favorable
20 terms or would injure the affected entity's ability to compete
21 in the marketplace. Notwithstanding the provisions of this
22 subsection, any information obtained or generated pursuant to
23 the provisions of s. 407.61, either by the Health Care Cost
24 Containment Board or by the Agency for Health Care
25 Administration upon transfer to that agency of the duties and
26 functions of the Health Care Cost Containment Board, is not
27 confidential and exempt from the provisions of s. 119.07(1)
28 and s. 24(a), Art. I of the State Constitution. Such
29 proprietary business information may be used in published
30 analyses and reports or otherwise made available for public
31 disclosure in such manner as to preserve the confidentiality
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1 of the identity of the provider. This exemption shall not
2 limit the use of any information used in conjunction with
3 investigation or enforcement purposes under the provisions of
4 s. 455.621 455.225.
5 Section 21. Paragraph (b) of subsection (5) of section
6 408.704, Florida Statutes, is amended to read:
7 408.704 Agency duties and responsibilities related to
8 community health purchasing alliances.--The agency shall
9 assist in developing a statewide system of community health
10 purchasing alliances. To this end, the agency is responsible
11 for:
12 (5) Establishing a data system for accountable health
13 partnerships.
14 (b) The advisory data committee shall issue a report
15 and recommendations on each of the following subjects as each
16 is completed. A final report covering all subjects must be
17 included in the final Florida Health Plan to be submitted to
18 the Legislature on December 31, 1993. The report shall
19 include recommendations regarding:
20 1. Types of data to be collected. Careful
21 consideration shall be given to other data collection projects
22 and standards for electronic data interchanges already in
23 process in this state and nationally, to evaluating and
24 recommending the feasibility and cost-effectiveness of various
25 data collection activities, and to ensuring that data
26 reporting is necessary to support the evaluation of providers
27 with respect to cost containment, access, quality, control of
28 expensive technologies, and customer satisfaction analysis.
29 Data elements to be collected from providers include prices,
30 utilization, patient outcomes, quality, and patient
31 satisfaction. The completion of this task is the first
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1 priority of the advisory data committee. The agency shall
2 begin implementing these data collection activities
3 immediately upon receipt of the recommendations, but no later
4 than January 1, 1994. The data shall be submitted by
5 hospitals, other licensed health care facilities, pharmacists,
6 and group practices as defined in s. 455.654(3)(f)
7 455.236(3)(g).
8 2. A standard data set, a standard cost-effective
9 format for collecting the data, and a standard methodology for
10 reporting the data to the agency, or its designee, and to the
11 alliances. The reporting mechanisms must be designed to
12 minimize the administrative burden and cost to health care
13 providers and carriers. A methodology shall be developed for
14 aggregating data in a standardized format for making
15 comparisons between accountable health partnerships which
16 takes advantage of national models and activities.
17 3. Methods by which the agency should collect,
18 process, analyze, and distribute the data.
19 4. Standards for data interpretation. The advisory
20 data committee shall actively solicit broad input from the
21 provider community, carriers, the business community, and the
22 general public.
23 5. Structuring the data collection process to:
24 a. Incorporate safeguards to ensure that the health
25 care services utilization data collected is reviewed by
26 experienced, practicing physicians licensed to practice
27 medicine in this state;
28 b. Require that carrier customer satisfaction data
29 conclusions are validated by the agency;
30 c. Protect the confidentiality of medical information
31 to protect the patient's identity and to protect the privacy
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1 of individual physicians and patients. Proprietary data
2 submitted by insurers, providers, and purchasers are
3 confidential pursuant to s. 408.061; and
4 d. Afford all interested professional medical and
5 hospital associations and carriers a minimum of 60 days to
6 review and comment before data is released to the public.
7 6. Developing a data collection implementation
8 schedule, based on the data collection capabilities of
9 carriers and providers.
10 Section 22. Subsections (1) and (2) of section
11 409.2598, Florida Statutes, are amended to read:
12 409.2598 Suspension or denial of new or renewal
13 licenses; registrations; certifications.--
14 (1) The Title IV-D agency may petition the court that
15 entered the support order or the court that is enforcing the
16 support order to deny or suspend the license, registration, or
17 certificate issued under chapter 231, chapter 370, chapter
18 372, chapter 409, part II of chapter 455, or chapter 559 or s.
19 327.031 of any obligor with a delinquent child support
20 obligation or who fails, after receiving appropriate notice,
21 to comply with subpoenas, orders to appear, orders to show
22 cause, or similar orders relating to paternity or child
23 support proceedings. However, a petition may not be filed
24 until the Title IV-D agency has exhausted all other available
25 remedies. The purpose of this section is to promote the public
26 policy of the state as established in s. 409.2551.
27 (2) The Title IV-D agency is authorized to screen all
28 applicants for new or renewal licenses, registrations, or
29 certificates and current licenses, registrations, or
30 certificates and current licensees, registration holders, and
31 certificate holders of all licenses, registrations, and
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1 certificates issued under chapter 231, chapter 370, chapter
2 372, chapter 409, part II of chapter 455, or chapter 559 or s.
3 327.031 to ensure compliance with any child support obligation
4 and any subpoenas, orders to appear, orders to show cause, or
5 similar orders relating to paternity or child support
6 proceedings. If the Title IV-D agency determines that an
7 applicant, licensee, registration holder, or certificateholder
8 is an obligor who is delinquent on a support obligation or who
9 is not in compliance with a subpoena, order to appear, order
10 to show cause, or similar order relating to paternity or child
11 support proceedings, the Title IV-D agency shall certify the
12 delinquency pursuant to s. 61.14.
13 Section 23. Paragraph (d) of subsection (12) of
14 section 409.908, Florida Statutes, is amended to read:
15 409.908 Reimbursement of Medicaid providers.--Subject
16 to specific appropriations, the agency shall reimburse
17 Medicaid providers, in accordance with state and federal law,
18 according to methodologies set forth in the rules of the
19 agency and in policy manuals and handbooks incorporated by
20 reference therein. These methodologies may include fee
21 schedules, reimbursement methods based on cost reporting,
22 negotiated fees, competitive bidding pursuant to s. 287.057,
23 and other mechanisms the agency considers efficient and
24 effective for purchasing services or goods on behalf of
25 recipients. Payment for Medicaid compensable services made on
26 behalf of Medicaid eligible persons is subject to the
27 availability of moneys and any limitations or directions
28 provided for in the General Appropriations Act or chapter 216.
29 Further, nothing in this section shall be construed to prevent
30 or limit the agency from adjusting fees, reimbursement rates,
31 lengths of stay, number of visits, or number of services, or
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1 making any other adjustments necessary to comply with the
2 availability of moneys and any limitations or directions
3 provided for in the General Appropriations Act, provided the
4 adjustment is consistent with legislative intent.
5 (12)
6 (d) Notwithstanding paragraph (b), reimbursement fees
7 to physicians for providing total obstetrical services to
8 Medicaid recipients, which include prenatal, delivery, and
9 postpartum care, shall be at least $1,500 per delivery for a
10 pregnant woman with low medical risk and at least $2,000 per
11 delivery for a pregnant woman with high medical risk. However,
12 reimbursement to physicians working in Regional Perinatal
13 Intensive Care Centers designated pursuant to chapter 383, for
14 services to certain pregnant Medicaid recipients with a high
15 medical risk, may be made according to obstetrical care and
16 neonatal care groupings and rates established by the agency.
17 Nurse midwives licensed under chapter 464 or midwives licensed
18 under chapter 467 shall be reimbursed at no less than 80
19 percent of the low medical risk fee. The agency shall by rule
20 determine, for the purpose of this paragraph, what constitutes
21 a high or low medical risk pregnant woman and shall not pay
22 more based solely on the fact that a caesarean section was
23 performed, rather than a vaginal delivery. The agency shall by
24 rule determine a prorated payment for obstetrical services in
25 cases where only part of the total prenatal, delivery, or
26 postpartum care was performed. The Department of Health Agency
27 for Health Care Administration shall adopt rules within
28 chapter 467 for appropriate insurance coverage by such
29 licensees. Prior to the issuance and renewal of an active
30 license, or reactivation of an inactive license for midwives
31
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1 licensed under chapter 467, such licensees shall submit proof
2 of coverage with each application.
3 Section 24. Paragraph (g) of subsection (1) of section
4 415.1055, Florida Statutes, is amended to read:
5 415.1055 Notification to administrative entities,
6 subjects, and reporters; notification to law enforcement and
7 state attorneys.--
8 (1) NOTIFICATION TO ADMINISTRATIVE ENTITIES.--
9 (g) If at any time during a protective investigation
10 the department has reasonable cause to believe that
11 professional licensure violations have occurred, the
12 department shall notify the Division of Medical Quality
13 Assurance within the Department of Health Agency for Health
14 Care Administration. This notification must be in writing.
15 Section 25. Subsection (3) of section 415.5055,
16 Florida Statutes, is amended to read:
17 415.5055 Child protection teams; services; eligible
18 cases.--The department shall develop, maintain, and coordinate
19 the services of one or more multidisciplinary child protection
20 teams in each of the service districts of the department.
21 Such teams may be composed of representatives of appropriate
22 health, mental health, social service, legal service, and law
23 enforcement agencies. The Legislature finds that optimal
24 coordination of child protection teams and sexual abuse
25 treatment programs requires collaboration between the
26 Department of Health and the Department of Children and Family
27 Services. The two departments shall maintain an interagency
28 agreement that establishes protocols for oversight and
29 operations of child protection teams and sexual abuse
30 treatment programs. The Secretary of Health and the Director
31 of the Division of Children's Medical Services, in
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1 consultation with the Secretary of Children and Family
2 Services, shall maintain the responsibility for the screening,
3 employment, and, if necessary, the termination of child
4 protection team medical directors, at headquarters and in the
5 15 districts. Child protection team medical directors shall be
6 responsible for oversight of the teams in the districts.
7 (3) All records and reports of the child protection
8 team are confidential and exempt from the provisions of ss.
9 119.07(1) and 455.667 455.241, and shall not be disclosed,
10 except, upon request, to the state attorney, law enforcement,
11 the department, and necessary professionals, in furtherance of
12 the treatment or additional evaluative needs of the child or
13 by order of the court.
14
15 In all instances in which a child protection team is providing
16 certain services to abused or neglected children, other
17 offices and units of the department shall avoid duplicating
18 the provision of those services.
19 Section 26. Subsection (5) of section 415.51, Florida
20 Statutes, is amended to read:
21 415.51 Confidentiality of reports and records in cases
22 of child abuse or neglect.--
23 (5) All records and reports of the child protection
24 team are confidential and exempt from the provisions of ss.
25 119.07(1) and 455.667 455.241, and shall not be disclosed,
26 except, upon request, to the state attorney, law enforcement,
27 the department, and necessary professionals, in furtherance of
28 the treatment or additional evaluative needs of the child or
29 by order of the court.
30
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1 Section 27. Paragraph (h) of subsection (3) and
2 paragraph (c) of subsection (4) of section 440.13, Florida
3 Statutes, are amended to read:
4 440.13 Medical services and supplies; penalty for
5 violations; limitations.--
6 (3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
7 (h) The provisions of s. 455.654 455.236 are
8 applicable to referrals among health care providers, as
9 defined in subsection (1), treating injured workers.
10 (4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
11 DIVISION.--
12 (c) It is the policy for the administration of the
13 workers' compensation system that there be reasonable access
14 to medical information by all parties to facilitate the
15 self-executing features of the law. Notwithstanding the
16 limitations in s. 455.667 455.241 and subject to the
17 limitations in s. 381.004, upon the request of the employer,
18 the carrier, or the attorney for either of them, the medical
19 records of an injured employee must be furnished to those
20 persons and the medical condition of the injured employee must
21 be discussed with those persons, if the records and the
22 discussions are restricted to conditions relating to the
23 workplace injury. Any such discussions may be held before or
24 after the filing of a claim without the knowledge, consent, or
25 presence of any other party or his or her agent or
26 representative. A health care provider who willfully refuses
27 to provide medical records or to discuss the medical condition
28 of the injured employee, after a reasonable request is made
29 for such information pursuant to this subsection, shall be
30 subject by the division to one or more of the penalties set
31 forth in paragraph (8)(b).
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1 Section 28. Subsection (2) of section 455.209, Florida
2 Statutes, is amended to read:
3 455.209 Accountability and liability of board
4 members.--
5 (2) Each board member and each former board member
6 serving on a probable cause panel shall be exempt from civil
7 liability for any act or omission when acting in the member's
8 official capacity, and the department, or the Department of
9 Legal Affairs shall defend any such member in any action
10 against any board or member of a board arising from any such
11 act or omission. In addition, the department or the Department
12 of Legal Affairs may defend the member's company or business
13 in any action against the company or business if the
14 department or the Department of Legal Affairs determines that
15 the actions from which the suit arises are actions taken by
16 the member in the member's official capacity and were not
17 beyond the member's statutory authority. In providing such
18 defense, the department, the agency, or the Department of
19 Legal Affairs may employ or utilize the legal services of
20 outside counsel.
21 Section 29. Subsection (1) of section 455.213, Florida
22 Statutes, is amended to read:
23 455.213 General licensing provisions.--
24 (1) Any person desiring to be licensed shall apply to
25 the department in writing. The application for licensure shall
26 be made on a form prepared and furnished by the department and
27 include the applicant's social security number. The
28 application shall be supplemented as needed to reflect any
29 material change in any circumstance or condition stated in the
30 application which takes place between the initial filing of
31 the application and the final grant or denial of the license
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1 and which might affect the decision of the department agency.
2 In order to further the economic development goals of the
3 state, and notwithstanding any law to the contrary, the
4 department may enter into an agreement with the county tax
5 collector for the purpose of appointing the county tax
6 collector as the department's agent to accept applications for
7 licenses and applications for renewals of licenses. The
8 agreement must specify the time within which the tax collector
9 must forward any applications and accompanying application
10 fees to the department. In cases where a person applies or
11 schedules directly with a national examination organization or
12 examination vendor to take an examination required for
13 licensure, any organization-related or vendor-related fees
14 associated with the examination may be paid directly to the
15 organization or vendor.
16 Section 30. Subsection (6) of section 455.218, Florida
17 Statutes, is amended to read:
18 455.218 Foreign-trained professionals; special
19 examination and license provisions.--
20 (6) The department, for its boards, shall not issue an
21 initial license to, or renew a license of, any applicant or
22 licensee who is under investigation or prosecution in any
23 jurisdiction for an action which would constitute a violation
24 of this part or the professional practice acts administered by
25 the department or agency and the boards until such time as the
26 investigation or prosecution is complete, at which time the
27 provisions of the professional practice acts shall apply.
28 Section 31. Subsection (8) of section 455.2285,
29 Florida Statutes, is amended to read:
30 455.2285 Annual report concerning finances,
31 administrative complaints, disciplinary actions, and
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1 recommendations.--The department is directed to prepare and
2 submit a report to the President of the Senate and Speaker of
3 the House of Representatives by November 1 of each year. In
4 addition to finances and any other information the Legislature
5 may require, the report shall include statistics and relevant
6 information, profession by profession, detailing:
7 (8) A description of any effort by the department
8 agency, for any disciplinary cases under its jurisdiction, to
9 reduce or otherwise close any investigation or disciplinary
10 proceeding not before the Division of Administrative Hearings
11 under chapter 120 or otherwise not completed within 1 year
12 after the initial filing of a complaint under this chapter.
13 Section 32. Paragraph (b) of subsection (1) and
14 subsections (2) and (3) of section 455.565, Florida Statutes,
15 are amended to read:
16 455.565 Designated healthcare professionals;
17 information required for licensure.--
18 (1) Each person who applies for initial licensure as a
19 physician under chapter 458, chapter 459, chapter 460, or
20 chapter 461 must, at the time of application, and each
21 physician who applies for license renewal under chapter 458,
22 chapter 459, chapter 460, or chapter 461 must, in conjunction
23 with the renewal of such license and under procedures adopted
24 by the Department of Health, and in addition to any other
25 information that may be required from the applicant, furnish
26 the following information to the Department of Health:
27 (b) In addition to the information required under
28 paragraph (a), each applicant who seeks licensure under
29 chapter 458, chapter 459, or chapter 461, and who has
30 practiced previously in this state or in another jurisdiction
31 or a foreign country must provide the information required of
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1 licensees under those chapters pursuant to s. 455.697 455.247.
2 An applicant for licensure under chapter 460 who has practiced
3 previously in this state or in another jurisdiction or a
4 foreign country must provide the same information as is
5 required of licensees under chapter 458, pursuant to s.
6 455.697 455.247.
7 (2) Before the issuance of the licensure renewal
8 notice required by s. 455.714 455.273, the Department of
9 Health shall send a notice to each person licensed under
10 chapter 458, chapter 459, chapter 460, or chapter 461, at the
11 licensee's last known address of record with the department,
12 regarding the requirements for information to be submitted by
13 those practitioners pursuant to this section in conjunction
14 with the renewal of such license and under procedures adopted
15 by the department.
16 (3) Each person who has submitted information pursuant
17 to subsection (1) must update that information in writing by
18 notifying the Department of Health within 45 days after the
19 occurrence of an event or the attainment of a status that is
20 required to be reported by subsection (1). Failure to comply
21 with the requirements of this subsection to update and submit
22 information constitutes a ground for disciplinary action under
23 each respective licensing chapter and s. 455.624455.227(1)(k).
24 For failure to comply with the requirements of this subsection
25 to update and submit information, the department or board, as
26 appropriate, may:
27 (a) Refuse to issue a license to any person applying
28 for initial licensure who fails to submit and update the
29 required information.
30 (b) Issue a citation to any licensee who fails to
31 submit and update the required information and may fine the
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1 licensee up to $50 for each day that the licensee is not in
2 compliance with this subsection. The citation must clearly
3 state that the licensee may choose, in lieu of accepting the
4 citation, to follow the procedure under s. 455.621 455.225. If
5 the licensee disputes the matter in the citation, the
6 procedures set forth in s. 455.621 455.225 must be followed.
7 However, if the licensee does not dispute the matter in the
8 citation with the department within 30 days after the citation
9 is served, the citation becomes a final order and constitutes
10 discipline. Service of a citation may be made by personal
11 service or certified mail, restricted delivery, to the subject
12 at the licensee's last known address.
13 Section 33. Subsection (4) of section 455.5651,
14 Florida Statutes, is amended to read:
15 455.5651 Practitioner profile; creation.--
16 (4) The Department of Health shall include, with
17 respect to a practitioner licensed under chapter 458 or
18 chapter 459, a statement of how the practitioner has elected
19 to comply with the financial responsibility requirements of s.
20 458.320 or s. 459.0085. The department shall include, with
21 respect to practitioners licensed under chapter 458, chapter
22 459, or chapter 461, information relating to liability actions
23 which has been reported under s. 455.697 455.247 or s. 627.912
24 within the previous 10 years for any paid claim that exceeds
25 $5,000. Such claims information shall be reported in the
26 context of comparing an individual practitioner's claims to
27 the experience of other physicians within the same specialty
28 to the extent such information is available to the Department
29 of Health. If information relating to a liability action is
30 included in a practitioner's practitioner profile, the profile
31 must also include the following statement: "Settlement of a
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1 claim may occur for a variety of reasons that do not
2 necessarily reflect negatively on the professional competence
3 or conduct of the physician. A payment in settlement of a
4 medical malpractice action or claim should not be construed as
5 creating a presumption that medical malpractice has occurred."
6 Section 34. Section 455.641, Florida Statutes, is
7 amended to read:
8 455.641 Unlicensed activities; fees; disposition.--In
9 order to protect the public and to ensure a consumer-oriented
10 department, it is the intent of the Legislature that vigorous
11 enforcement of regulation for all professional activities is a
12 state priority. All enforcement costs should be covered by
13 professions regulated by the department. Therefore, the
14 department shall impose, upon initial licensure and each
15 renewal thereof, a special fee of $5 per licensee. Such fee
16 shall be in addition to all other fees collected from each
17 licensee and shall fund efforts to combat unlicensed activity.
18 The board with concurrence of the department, or the
19 department when there is no board, may earmark $5 of the
20 current licensure fee for this purpose, if such board, or
21 profession regulated by the department, is not in a deficit
22 and has a reasonable cash balance. The department shall make
23 direct charges to this fund by profession and shall not
24 allocate indirect overhead. The department shall seek board
25 advice regarding enforcement methods and strategies prior to
26 expenditure of funds. The department shall directly credit, by
27 profession, revenues received from the department's efforts to
28 enforce licensure provisions. The department shall include all
29 financial and statistical data resulting from unlicensed
30 activity enforcement as a separate category in the quarterly
31 management report provided for in s. 455.587 455.219. The
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1 department shall not charge the account of any profession for
2 the costs incurred on behalf of any other profession. For an
3 unlicensed activity account, a balance which remains at the
4 end of a renewal cycle may, with concurrence of the applicable
5 board and the department, be transferred to the operating fund
6 account of that profession.
7 Section 35. Subsection (2) of section 455.651, Florida
8 Statutes, is amended to read:
9 455.651 Disclosure of confidential information.--
10 (2) Any person who willfully violates any provision of
11 this section is guilty of a misdemeanor of the first degree,
12 punishable as provided in s. 775.082 or s. 775.083, and may be
13 subject to discipline pursuant to s. 455.624 455.227, and, if
14 applicable, shall be removed from office, employment, or the
15 contractual relationship.
16 Section 36. Subsection (1) of section 455.698, Florida
17 Statutes, is amended to read:
18 455.698 Reports of professional liability actions;
19 bankruptcies; Department of Health's responsibility to
20 provide.--
21 (1) The report of a claim or action for damages for
22 personal injury which is required to be provided to the
23 Department of Health under s. 455.697 455.247 or s. 627.912 is
24 public information except for the name of the claimant or
25 injured person, which remains confidential as provided in ss.
26 455.697455.247(2)(d) and 627.912(2)(e). The Department of
27 Health shall, upon request, make such report available to any
28 person.
29 Section 37. Subsection (2) of section 455.717, Florida
30 Statutes, is amended to read:
31 455.717 Address of record.--
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1 (2) Notwithstanding any other law, service by regular
2 mail to a licensee's last known address of record with the
3 department constitutes adequate and sufficient notice to the
4 licensee for any official communication to the licensee by the
5 board or the department except when other service is required
6 under s. 455.707 455.261.
7 Section 38. Subsection (2) of section 457.103, Florida
8 Statutes, is amended to read:
9 457.103 Board of Acupuncture; membership; appointment
10 and terms.--
11 (2) All provisions of part II of chapter 455 relating
12 to the board shall apply.
13 Section 39. Subsection (6) of section 458.307, Florida
14 Statutes, is amended to read:
15 458.307 Board of Medicine.--
16 (6) All provisions of part II of chapter 455 relating
17 to activities of the board shall apply.
18 Section 40. Paragraph (a) of subsection (9) of section
19 458.311, Florida Statutes, is amended to read:
20 458.311 Licensure by examination; requirements;
21 fees.--
22 (9)(a) Notwithstanding any of the provisions of this
23 section, an applicant who, at the time of his or her medical
24 education, was a citizen of the country of Nicaragua and, at
25 the time of application for licensure under this subsection,
26 is either a citizen of the country of Nicaragua or a citizen
27 of the United States may make initial application to the
28 department on or before July 1, 1992, for licensure subject to
29 this subsection and may reapply pursuant to board rule. Upon
30 receipt of such application, the department shall issue a
31 2-year restricted license to any applicant therefor upon the
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1 applicant's successful completion of the licensure examination
2 as described in paragraph (1)(a) and who the board certifies
3 has met the following requirements:
4 1. Is a graduate of a World Health Organization
5 recognized foreign medical institution located in a country in
6 the Western Hemisphere.
7 2. Received a medical education which has been
8 determined by the board to be substantially similar, at the
9 time of the applicant's graduation, to approved United States
10 medical programs.
11 3. Practiced medicine in the country of Nicaragua for
12 a period of 1 year prior to residing in the United States and
13 has lawful employment authority in the United States.
14 4. Has had his or her medical education verified by
15 the Florida Board of Medicine.
16 5. Successfully completed the Educational Commission
17 for Foreign Medical Graduates Examination or Foreign Medical
18 Graduate Examination in the Medical Sciences or successfully
19 completed a course developed for the University of Miami for
20 physician training equivalent to the course developed for such
21 purposes pursuant to chapter 74-105, Laws of Florida. No
22 person shall be permitted to enroll in the physician training
23 course until he or she has been certified by the board as
24 having met the requirements of this paragraph or conditionally
25 certified by the board as having substantially complied with
26 the requirements of this paragraph. Any person conditionally
27 certified by the board shall be required to establish, to the
28 board's satisfaction, full compliance with all the
29 requirements of this paragraph prior to completion of the
30 physician training course and shall not be permitted to sit
31
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1 for the licensure examination unless the board certifies that
2 all of the requirements of this paragraph have been met.
3
4 However, applicants eligible for licensure under s. 455.581
5 455.218 or subsection (9), 1988 Supplement to the Florida
6 Statutes 1987, as amended by s. 18, chapter 89-162, Laws of
7 Florida, and ss. 5 and 42, chapter 89-374, Laws of Florida,
8 and renumbered as subsection (8) by s. 5, chapter 89-374, Laws
9 of Florida, shall not be eligible to apply under this
10 subsection.
11 Section 41. Paragraph (c) of subsection (1) and
12 paragraph (a) of subsection (3) of section 458.3115, Florida
13 Statutes, are amended to read:
14 458.3115 Restricted license; certain foreign-licensed
15 physicians; United States Medical Licensing Examination
16 (USMLE) or agency-developed examination; restrictions on
17 practice; full licensure.--
18 (1)
19 (c) A person shall be eligible to take such
20 examination for restricted licensure if the person:
21 1. Has taken, upon approval by the board, and
22 completed, in November 1990 or November 1992, one of the
23 special preparatory medical update courses authorized by the
24 board and the University of Miami Medical School and
25 subsequently passed the final course examination; upon
26 approval by the board to take the course completed in 1990 or
27 in 1992, has a certificate of successful completion of that
28 course from the University of Miami or the Stanley H. Kaplan
29 course; or can document to the department that he or she was
30 one of the persons who took and successfully completed the
31 Stanley H. Kaplan course that was approved by the Board of
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1 Medicine and supervised by the University of Miami. At a
2 minimum, the documentation must include class attendance
3 records and the test score on the final course examination;
4 2. Applies to the agency and submits an application
5 fee that is nonrefundable and equivalent to the fee required
6 for full licensure;
7 3. Documents no less than 2 years of the active
8 practice of medicine in another jurisdiction;
9 4. Submits an examination fee that is nonrefundable
10 and equivalent to the fee required for full licensure plus the
11 actual per-applicant cost to the agency to provide either
12 examination described in this section;
13 5. Has not committed any act or offense in this or any
14 other jurisdiction that would constitute a substantial basis
15 for disciplining a physician under this chapter or part II of
16 chapter 455; and
17 6. Is not under discipline, investigation, or
18 prosecution in this or any other jurisdiction for an act that
19 would constitute a violation of this chapter or part II of
20 chapter 455 and that substantially threatened or threatens the
21 public health, safety, or welfare.
22 (3)(a) A restricted license issued by the agency under
23 this section is valid for 2 years unless sooner revoked or
24 suspended, and a restricted licensee is subject to the
25 requirements of this chapter, part II of chapter 455, and any
26 other provision of law not in conflict with this section.
27 Upon expiration of such restricted license, a restricted
28 licensee shall become a full licensee if the restricted
29 licensee:
30
31
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1 1. Is not under discipline, investigation, or
2 prosecution for a violation which poses a substantial threat
3 to the public health, safety, or welfare; and
4 2. Pays all renewal fees required of a full licensee.
5 Section 42. Paragraph (d) of subsection (1) of section
6 458.3124, Florida Statutes, is amended to read:
7 458.3124 Restricted license; certain experienced
8 foreign-trained physicians.--
9 (1) A person who was trained in a medical school that
10 is listed in the World Directory of Medical Schools published
11 by the World Health Organization and is located in a country
12 other than the United States, Canada, or Puerto Rico may apply
13 to take Step III of the United States Medical Licensing
14 Examination, if the person:
15 (d) Is not subject to discipline, investigation, or
16 prosecution in any jurisdiction for acts that threaten the
17 public health, safety, or welfare or violate part II of
18 chapter 455 or this chapter; and
19 Section 43. Subsection (1) of section 458.319, Florida
20 Statutes, is amended to read:
21 458.319 Renewal of license.--
22 (1) The department shall renew a license upon receipt
23 of the renewal application, evidence that the applicant has
24 actively practiced medicine or has been on the active teaching
25 faculty of an accredited medical school for at least 2 years
26 of the immediately preceding 4 years, and a fee not to exceed
27 $500; provided, however, that if the licensee is either a
28 resident physician, assistant resident physician, fellow,
29 house physician, or intern in an approved postgraduate
30 training program, as defined by the board by rule, the fee
31 shall not exceed $100 per annum. If the licensee has not
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1 actively practiced medicine for at least 2 years of the
2 immediately preceding 4 years, the board shall require that
3 the licensee successfully complete a board-approved clinical
4 competency examination prior to renewal of the license.
5 "Actively practiced medicine" means that practice of medicine
6 by physicians, including those employed by any governmental
7 entity in community or public health, as defined by this
8 chapter, including physicians practicing administrative
9 medicine. An applicant for a renewed license must also submit
10 the information required under s. 455.565 to the department on
11 a form and under procedures specified by the department, along
12 with payment in an amount equal to the costs incurred by the
13 Department of Health for the statewide criminal background
14 check of the applicant. The applicant must submit a set of
15 fingerprints to the Department of Health on a form and under
16 procedures specified by the department, along with payment in
17 an amount equal to the costs incurred by the department for a
18 national criminal background check of the applicant for the
19 initial renewal of his or her license after January 1, 2000.
20 If the applicant fails to submit either the information
21 required under s. 455.565 or a set of fingerprints to the
22 department as required by this section, the department shall
23 issue a notice of noncompliance, and the applicant will be
24 given 30 additional days to comply. If the applicant fails to
25 comply within 30 days after the notice of noncompliance is
26 issued, the department or board, as appropriate, may issue a
27 citation to the applicant and may fine the applicant up to $50
28 for each day that the applicant is not in compliance with the
29 requirements of s. 455.565. The citation must clearly state
30 that the applicant may choose, in lieu of accepting the
31 citation, to follow the procedure under s. 455.621 455.225. If
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1 the applicant disputes the matter in the citation, the
2 procedures set forth in s. 455.621 455.225 must be followed.
3 However, if the applicant does not dispute the matter in the
4 citation with the department within 30 days after the citation
5 is served, the citation becomes a final order and constitutes
6 discipline. Service of a citation may be made by personal
7 service or certified mail, restricted delivery, to the subject
8 at the applicant's last known address. If an applicant has
9 submitted fingerprints to the department for a national
10 criminal history check upon initial licensure and is renewing
11 his or her license for the first time, then the applicant need
12 only submit the information and fee required for a statewide
13 criminal history check.
14 Section 44. Paragraph (e) of subsection (1) and
15 subsection (6) of section 458.331, Florida Statutes, are
16 amended to read:
17 458.331 Grounds for disciplinary action; action by the
18 board and department.--
19 (1) The following acts shall constitute grounds for
20 which the disciplinary actions specified in subsection (2) may
21 be taken:
22 (e) Failing to report to the department any person who
23 the licensee knows is in violation of this chapter or of the
24 rules of the department or the board. A treatment provider
25 approved pursuant to s. 455.707 455.261 shall provide the
26 department or consultant with information in accordance with
27 the requirements of s. 455.707455.261(3), (4), (5), and (6).
28 (6) Upon the department's receipt from an insurer or
29 self-insurer of a report of a closed claim against a physician
30 pursuant to s. 627.912 or from a health care practitioner of a
31 report pursuant to s. 455.697 455.247, or upon the receipt
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1 from a claimant of a presuit notice against a physician
2 pursuant to s. 766.106, the department shall review each
3 report and determine whether it potentially involved conduct
4 by a licensee that is subject to disciplinary action, in which
5 case the provisions of s. 455.621 455.225 shall apply.
6 However, if it is reported that a physician has had three or
7 more claims with indemnities exceeding $25,000 each within the
8 previous 5-year period, the department shall investigate the
9 occurrences upon which the claims were based and determine if
10 action by the department against the physician is warranted.
11 Section 45. Section 458.343, Florida Statutes, is
12 amended to read:
13 458.343 Subpoena of certain records.--Notwithstanding
14 the provisions of s. 455.667 455.241, the department may issue
15 subpoenas duces tecum requiring the names and addresses of
16 some or all of the patients of a physician against whom a
17 complaint has been filed pursuant to s. 455.621 455.225.
18 Section 46. Paragraph (g) of subsection (7) and
19 subsections (10) and (16) of section 458.347, Florida
20 Statutes, are amended to read:
21 458.347 Physician assistants.--
22 (7) PHYSICIAN ASSISTANT CERTIFICATION.--
23 (g) The Board of Medicine may impose any of the
24 penalties specified in ss. 455.624 455.227 and 458.331(2) upon
25 a physician assistant if the physician assistant or the
26 supervising physician has been found guilty of or is being
27 investigated for any act that constitutes a violation of this
28 chapter or part II of chapter 455.
29 (10) INACTIVE AND DELINQUENT STATUS.--A certificate on
30 inactive or delinquent status may be reactivated only as
31 provided in s. 455.711 455.271.
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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. 455.594455.221(1).
4 Section 47. Subsection (4) of section 459.004, Florida
5 Statutes, is amended to read:
6 459.004 Board of Osteopathic Medicine.--
7 (4) All provisions of part II of chapter 455 relating
8 to activities of the board shall apply.
9 Section 48. Subsection (1) of section 459.008, Florida
10 Statutes, is amended to read:
11 459.008 Renewal of licenses and certificates.--
12 (1) The department shall renew a license or
13 certificate upon receipt of the renewal application and fee.
14 An applicant for a renewed license must also submit the
15 information required under s. 455.565 to the department on a
16 form and under procedures specified by the department, along
17 with payment in an amount equal to the costs incurred by the
18 Department of Health for the statewide criminal background
19 check of the applicant. The applicant must submit a set of
20 fingerprints to the Department of Health on a form and under
21 procedures specified by the department, along with payment in
22 an amount equal to the costs incurred by the department for a
23 national criminal background check of the applicant for the
24 initial renewal of his or her license after January 1, 2000.
25 If the applicant fails to submit either the information
26 required under s. 455.565 or a set of fingerprints to the
27 department as required by this section, the department shall
28 issue a notice of noncompliance, and the applicant will be
29 given 30 additional days to comply. If the applicant fails to
30 comply within 30 days after the notice of noncompliance is
31 issued, the department or board, as appropriate, may issue a
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1 citation to the applicant and may fine the applicant up to $50
2 for each day that the applicant is not in compliance with the
3 requirements of s. 455.565. The citation must clearly state
4 that the applicant may choose, in lieu of accepting the
5 citation, to follow the procedure under s. 455.621 455.225. If
6 the applicant disputes the matter in the citation, the
7 procedures set forth in s. 455.621 455.225 must be followed.
8 However, if the applicant does not dispute the matter in the
9 citation with the department within 30 days after the citation
10 is served, the citation becomes a final order and constitutes
11 discipline. Service of a citation may be made by personal
12 service or certified mail, restricted delivery, to the subject
13 at the applicant's last known address. If an applicant has
14 submitted fingerprints to the department for a national
15 criminal history check upon initial licensure and is renewing
16 his or her license for the first time, then the applicant need
17 only submit the information and fee required for a statewide
18 criminal history check.
19 Section 49. Paragraph (e) of subsection (1) and
20 subsection (6) of section 459.015, Florida Statutes, are
21 amended to read:
22 459.015 Grounds for disciplinary action by the
23 board.--
24 (1) The following acts shall constitute grounds for
25 which the disciplinary actions specified in subsection (2) may
26 be taken:
27 (e) Failing to report to the department or the
28 department's impaired professional consultant any person who
29 the licensee or certificateholder knows is in violation of
30 this chapter or of the rules of the department or the board.
31 A treatment provider, approved pursuant to s. 455.707 455.261,
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1 shall provide the department or consultant with information in
2 accordance with the requirements of s. 455.707455.261(3), (4),
3 (5), and (6).
4 (6) Upon the department's receipt from an insurer or
5 self-insurer of a report of a closed claim against an
6 osteopathic physician pursuant to s. 627.912 or from a health
7 care practitioner of a report pursuant to s. 455.697 455.247,
8 or upon the receipt from a claimant of a presuit notice
9 against an osteopathic physician pursuant to s. 766.106, the
10 department shall review each report and determine whether it
11 potentially involved conduct by a licensee that is subject to
12 disciplinary action, in which case the provisions of s.
13 455.621 455.225 shall apply. However, if it is reported that
14 an osteopathic physician has had three or more claims with
15 indemnities exceeding $25,000 each within the previous 5-year
16 period, the department shall investigate the occurrences upon
17 which the claims were based and determine if action by the
18 department against the osteopathic physician is warranted.
19 Section 50. Section 459.019, Florida Statutes, is
20 amended to read:
21 459.019 Subpoena of certain records.--Notwithstanding
22 the provisions of s. 455.667 455.241, the department may issue
23 subpoenas duces tecum requiring the names and addresses of
24 some or all of the patients of an osteopathic physician
25 against whom a complaint has been filed pursuant to s. 455.621
26 455.225.
27 Section 51. Paragraph (f) of subsection (7) and
28 subsections (10) and (16) of section 459.022, Florida
29 Statutes, are amended to read:
30 459.022 Physician assistants.--
31 (7) PHYSICIAN ASSISTANT CERTIFICATION.--
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1 (f) The Board of Osteopathic Medicine may impose any
2 of the penalties specified in ss. 455.624 455.227 and
3 459.015(2) upon a physician assistant if the physician
4 assistant or the supervising physician has been found guilty
5 of or is being investigated for any act that constitutes a
6 violation of this chapter or part II of chapter 455.
7 (10) INACTIVE AND DELINQUENT STATUS.--A certificate on
8 inactive or delinquent status may be reactivated only as
9 provided in s. 455.711 455.271.
10 (16) LEGAL SERVICES.--The Department of Legal Affairs
11 shall provide legal services to the council as authorized in
12 s. 455.594455.221(1).
13 Section 52. Paragraph (c) of subsection (1) of section
14 460.4061, Florida Statutes, is amended to read:
15 460.4061 Restricted license.--
16 (1) An applicant for licensure as a chiropractic
17 physician may apply to the department for a restricted license
18 without undergoing a state or national written or clinical
19 competency examination for licensure if the applicant
20 initially applies not later than October 31, 1994, for the
21 restricted license and:
22 (c) Has never been disciplined for an offense that
23 would be a violation under this chapter or part II of chapter
24 455, imposed by another jurisdiction on the applicant's
25 license to practice as a chiropractic physician.
26 Section 53. Subsection (1) of section 460.407, Florida
27 Statutes, is amended to read:
28 460.407 Renewal of license.--
29 (1) The department shall renew a license upon receipt
30 of the renewal application and the fee set by the board not to
31 exceed $500. An applicant for a renewed license must also
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1 submit the information required under s. 455.565 to the
2 department on a form and under procedures specified by the
3 department, along with payment in an amount equal to the costs
4 incurred by the Department of Health for the statewide
5 criminal background check of the applicant. The applicant must
6 submit a set of fingerprints to the Department of Health on a
7 form and under procedures specified by the department, along
8 with payment in an amount equal to the costs incurred by the
9 department for a national criminal background check of the
10 applicant for the initial renewal of his or her license after
11 January 1, 2000. If the applicant fails to submit either the
12 information required under s. 455.565 or a set of fingerprints
13 to the department as required by this section, the department
14 shall issue a notice of noncompliance, and the applicant will
15 be given 30 additional days to comply. If the applicant fails
16 to comply within 30 days after the notice of noncompliance is
17 issued, the department or board, as appropriate, may issue a
18 citation to the applicant and may fine the applicant up to $50
19 for each day that the applicant is not in compliance with the
20 requirements of s. 455.565. The citation must clearly state
21 that the applicant may choose, in lieu of accepting the
22 citation, to follow the procedure under s. 455.621 455.225. If
23 the applicant disputes the matter in the citation, the
24 procedures set forth in s. 455.621 455.225 must be followed.
25 However, if the applicant does not dispute the matter in the
26 citation with the department within 30 days after the citation
27 is served, the citation becomes a final order and constitutes
28 discipline. Service of a citation may be made by personal
29 service or certified mail, restricted delivery, to the subject
30 at the applicant's last known address. If an applicant has
31 submitted fingerprints to the department for a national
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1 criminal history check upon initial licensure and is renewing
2 his or her license for the first time, then the applicant need
3 only submit the information and fee required for a statewide
4 criminal history check.
5 Section 54. Subsection (1) of section 461.007, Florida
6 Statutes, is amended to read:
7 461.007 Renewal of license.--
8 (1) The department shall renew a license upon receipt
9 of the renewal application and a fee not to exceed $350 set by
10 the board. An applicant for a renewed license must also submit
11 the information required under s. 455.565 to the department on
12 a form and under procedures specified by the department, along
13 with payment in an amount equal to the costs incurred by the
14 Department of Health for the statewide criminal background
15 check of the applicant. The applicant must submit a set of
16 fingerprints to the Department of Health on a form and under
17 procedures specified by the department, along with payment in
18 an amount equal to the costs incurred by the department for a
19 national criminal background check of the applicant for the
20 initial renewal of his or her license after January 1, 2000.
21 If the applicant fails to submit either the information
22 required under s. 455.565 or a set of fingerprints to the
23 department as required by this section, the department shall
24 issue a notice of noncompliance, and the applicant will be
25 given 30 additional days to comply. If the applicant fails to
26 comply within 30 days after the notice of noncompliance is
27 issued, the department or board, as appropriate, may issue a
28 citation to the applicant and may fine the applicant up to $50
29 for each day that the applicant is not in compliance with the
30 requirements of s. 455.565. The citation must clearly state
31 that the applicant may choose, in lieu of accepting the
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1 citation, to follow the procedure under s. 455.621 455.225. If
2 the applicant disputes the matter in the citation, the
3 procedures set forth in s. 455.621 455.225 must be followed.
4 However, if the applicant does not dispute the matter in the
5 citation with the department within 30 days after the citation
6 is served, the citation becomes a final order and constitutes
7 discipline. Service of a citation may be made by personal
8 service or certified mail, restricted delivery, to the subject
9 at the applicant's last known address. If an applicant has
10 submitted fingerprints to the department for a national
11 criminal history check upon initial licensure and is renewing
12 his or her license for the first time, then the applicant need
13 only submit the information and fee required for a statewide
14 criminal history check.
15 Section 55. Subsection (2) of section 462.01, Florida
16 Statutes, is amended to read:
17 462.01 Definitions.--As used in this chapter:
18 (2) "Department" means the Department of Health
19 Business and Professional Regulation.
20 Section 56. Subsection (2) of section 463.002, Florida
21 Statutes, is amended to read:
22 463.002 Definitions.--As used in this chapter, the
23 term:
24 (2) "Department" means the Department of Health
25 Business and Professional Regulation.
26 Section 57. Subsection (4) of section 463.003, Florida
27 Statutes, is amended to read:
28 463.003 Board of Optometry.--
29 (4) All applicable provisions of part II of chapter
30 455 relating to activities of regulatory boards shall apply.
31
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1 Section 58. Paragraph (h) of subsection (1) of section
2 463.016, Florida Statutes, is amended to read:
3 463.016 Grounds for disciplinary action; action by the
4 board.--
5 (1) The following acts shall constitute grounds for
6 which the disciplinary actions specified in subsection (2) may
7 be taken:
8 (h) A violation or repeated violations of provisions
9 of this chapter, or of part II of chapter 455, and any rules
10 promulgated pursuant thereto.
11 Section 59. Subsection (4) of section 464.004, Florida
12 Statutes, is amended to read:
13 464.004 Board of Nursing; membership; appointment;
14 terms.--
15 (4) All provisions of part II of chapter 455 relating
16 to activities of the board shall apply.
17 Section 60. Subsection (4) of section 465.004, Florida
18 Statutes, is amended to read:
19 465.004 Board of Pharmacy.--
20 (4) All provisions of part II of chapter 455 relating
21 to activities of the board shall apply.
22 Section 61. Section 465.006, Florida Statutes, is
23 amended to read:
24 465.006 Disposition of fees; expenditures.--All moneys
25 received under this chapter shall be deposited and expended
26 pursuant to the provisions of s. 455.587 215.37. All
27 expenditures for duties of the board authorized by this
28 chapter shall be paid upon presentation of vouchers approved
29 by the executive director of the board.
30 Section 62. Subsections (4) and (6) of section
31 466.004, Florida Statutes, are amended to read:
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1 466.004 Board of Dentistry.--
2 (4) The board is authorized to adopt all rules
3 necessary to carry out the provisions of this chapter and part
4 II of chapter 455, including the establishment of a fee to
5 defray the cost of duplicating any license certification or
6 permit, not to exceed $10 per duplication.
7 (6) All provisions of part II of chapter 455 relating
8 to the board shall apply.
9 Section 63. Paragraph (b) of subsection (4) of section
10 466.007, Florida Statutes, is amended to read:
11 466.007 Examination of dental hygienists.--
12 (4) To be licensed as a dental hygienist in this
13 state, an applicant must successfully complete the following:
14 (b) A practical or clinical examination. The
15 practical or clinical examination shall test competency in
16 areas to be established by rule of the board which shall
17 include testing the ability to adequately perform a
18 prophylaxis. On or after October 1, 1986, every applicant who
19 is otherwise qualified shall be eligible to take the
20 examination a total of three times, notwithstanding the number
21 of times the applicant has previously failed. If an applicant
22 fails the examination three times, the applicant shall no
23 longer be eligible to take the examination unless he or she
24 obtains additional educational requirements established by the
25 board. The department shall require a mandatory
26 standardization exercise pursuant to s. 455.574455.217(1)(b)
27 for all examiners prior to each practical or clinical
28 examination and shall retain for employment only those
29 dentists and dental hygienists who have substantially adhered
30 to the standard of grading established at such exercise. It is
31 the intent of the Legislature that the examinations relate to
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1 those procedures which are actually performed by a dental
2 hygienist in general practice.
3 Section 64. Subsection (1) of section 466.018, Florida
4 Statutes, is amended to read:
5 466.018 Dentist of record; patient records.--
6 (1) Each patient shall have a dentist of record. The
7 dentist of record shall remain primarily responsible for all
8 dental treatment on such patient regardless of whether the
9 treatment is rendered by the dentist or by another dentist,
10 dental hygienist, or dental assistant rendering such treatment
11 in conjunction with, at the direction or request of, or under
12 the supervision of such dentist of record. The dentist of
13 record shall be identified in the record of the patient. If
14 treatment is rendered by a dentist other than the dentist of
15 record or by a dental hygienist or assistant, the name or
16 initials of such person shall be placed in the record of the
17 patient. In any disciplinary proceeding brought pursuant to
18 this chapter or part II of chapter 455, it shall be presumed
19 as a matter of law that treatment was rendered by the dentist
20 of record unless otherwise noted on the patient record
21 pursuant to this section. The dentist of record and any other
22 treating dentist are subject to discipline pursuant to this
23 chapter or part II of chapter 455 for treatment rendered the
24 patient and performed in violation of such chapter. One of the
25 purposes of this section is to ensure that the responsibility
26 for each patient is assigned to one dentist in a multidentist
27 practice of any nature and to assign primary responsibility to
28 the dentist for treatment rendered by a dental hygienist or
29 assistant under her or his supervision. This section shall not
30 be construed to assign any responsibility to a dentist of
31 record for treatment rendered pursuant to a proper referral to
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1 another dentist not in practice with the dentist of record or
2 to prohibit a patient from voluntarily selecting a new dentist
3 without permission of the dentist of record.
4 Section 65. Subsection (1) of section 466.022, Florida
5 Statutes, is amended to read:
6 466.022 Peer review; records; immunity.--
7 (1) The Legislature finds that effective peer review
8 of consumer complaints by professional associations of
9 dentists is a valuable service to the public. In performing
10 such service, any member of a peer review organization or
11 committee shall, pursuant to s. 466.028(1)(f), report to the
12 department the name of any licensee who he or she believes has
13 violated this chapter. Any such peer review committee member
14 shall be afforded the privileges and immunities of any other
15 complainant or witness which are provided by s.
16 455.621455.225(11). Furthermore, a professional organization
17 or association of dentists which sponsors, sanctions, or
18 otherwise operates or participates in peer review activities
19 is hereby afforded the same privileges and immunities afforded
20 to any member of a duly constituted medical review committee
21 by s. 766.101(3).
22 Section 66. Paragraph (aa) of subsection (1) and
23 subsections (6) and (7) of section 466.028, Florida Statutes,
24 are amended to read:
25 466.028 Grounds for disciplinary action; action by the
26 board.--
27 (1) The following acts shall constitute grounds for
28 which the disciplinary actions specified in subsection (2) may
29 be taken:
30 (aa) The violation or the repeated violation of this
31 chapter, part II of chapter 455, or any rule promulgated
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1 pursuant to part II of chapter 455 or this chapter; the
2 violation of a lawful order of the board or department
3 previously entered in a disciplinary hearing; or failure to
4 comply with a lawfully issued subpoena of the board or
5 department.
6 (6) Upon the department's receipt from an insurer or
7 self-insurer of a report of a closed claim against a dentist
8 pursuant to s. 627.912 or upon the receipt from a claimant of
9 a presuit notice against a dentist pursuant to s. 766.106 the
10 department shall review each report and determine whether it
11 potentially involved conduct by a licensee that is subject to
12 disciplinary action, in which case the provisions of s.
13 455.621 455.225 shall apply. However, if it is reported that
14 a dentist has had any indemnity paid in excess of $25,000 in a
15 judgment or settlement or has had three or more claims for
16 dental malpractice within the previous 5-year period which
17 resulted in indemnity being paid, the department shall
18 investigate the occurrence upon which the claims were based
19 and determine if action by the department against the dentist
20 is warranted.
21 (7) Subject to the authority and conditions
22 established in s. 455.621 455.225, the probable cause panel of
23 the board may recommend that the department seek a specified
24 penalty in cases in which probable cause has been found and
25 the panel has directed that an administrative complaint be
26 filed. If the department seeks a penalty other than that
27 recommended by the probable cause panel, the department shall
28 provide the board with a written statement which sets forth
29 the reasons therefor. Nothing in this subsection shall
30 preclude a probable cause panel of any other board under the
31
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1 jurisdiction of the department from making similar
2 recommendations as penalties.
3 Section 67. Subsections (4) and (14) of section
4 467.003, Florida Statutes, are amended to read:
5 467.003 Definitions.--As used in this chapter, unless
6 the context otherwise requires:
7 (4) "Department" means the Department of Health
8 Business and Professional Regulation.
9 (14) "Secretary" means the Secretary of Health
10 Business and Professional Regulation.
11 Section 68. Subsection (5) of section 468.1135,
12 Florida Statutes, is amended to read:
13 468.1135 Board of Speech-Language Pathology and
14 Audiology.--
15 (5) All provisions of part II of chapter 455 relating
16 to activities of regulatory boards shall apply to the board.
17 Section 69. Subsection (10) of section 468.1145,
18 Florida Statutes, is amended to read:
19 468.1145 Fees; establishment; disposition.--
20 (10) All moneys derived from fees and fines imposed
21 pursuant to this part shall be deposited as required by s.
22 455.587 215.37.
23 Section 70. Subsection (4) of section 468.1185,
24 Florida Statutes, is amended to read:
25 468.1185 Licensure.--
26 (4) The board may refuse to certify any applicant who
27 is under investigation in any jurisdiction for an act which
28 would constitute a violation of this part or part II of
29 chapter 455 until the investigation is complete and
30 disciplinary proceedings have been terminated.
31
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1 Section 71. Subsection (1) of section 468.1295,
2 Florida Statutes, is 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. 455.637 455.228:
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 to practice
21 speech-language pathology or audiology contrary to this part,
22 part II of chapter 455, or any rule adopted pursuant thereto.
23 (m) Violating any provision of this part or part II of
24 chapter 455 or any rule adopted pursuant thereto.
25 (n) Misrepresenting the professional services
26 available in the fitting, sale, adjustment, service, or repair
27 of a hearing aid, or using any other term or title which might
28 connote the availability of professional services when such
29 use is not accurate.
30 (o) Representing, advertising, or implying that a
31 hearing aid or its repair is guaranteed without providing full
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1 disclosure of the identity of the guarantor; the nature,
2 extent, and duration of the guarantee; and the existence of
3 conditions or limitations imposed upon the guarantee.
4 (p) Representing, directly or by implication, that a
5 hearing aid utilizing bone conduction has certain specified
6 features, such as the absence of anything in the ear or
7 leading to the ear, or the like, without disclosing clearly
8 and conspicuously that the instrument operates on the bone
9 conduction principle and that in many cases of hearing loss
10 this type of instrument may not be suitable.
11 (q) Stating or implying that the use of any hearing
12 aid will improve or preserve hearing or prevent or retard the
13 progression of a hearing impairment or that it will have any
14 similar or opposite effect.
15 (r) Making any statement regarding the cure of the
16 cause of a hearing impairment by the use of a hearing aid.
17 (s) Representing or implying that a hearing aid is or
18 will be "custom-made," "made to order," or
19 "prescription-made," or in any other sense specially
20 fabricated for an individual, when such is not the case.
21 (t) Canvassing from house to house or by telephone,
22 either in person or by an agent, for the purpose of selling a
23 hearing aid, except that contacting persons who have evidenced
24 an interest in hearing aids, or have been referred as in need
25 of hearing aids, shall not be considered canvassing.
26 (u) Failing to notify the department in writing of a
27 change in current mailing and place-of-practice address within
28 30 days after such change.
29 (v) Failing to provide all information as described in
30 ss. 468.1225(5)(b), 468.1245(1), and 468.1246.
31
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1 (w) Exercising influence on a client in such a manner
2 as to exploit the client for financial gain of the licensee or
3 of a third party.
4 (x) Practicing or offering to practice beyond the
5 scope permitted by law or accepting and performing
6 professional responsibilities the licensee or
7 certificateholder knows, or has reason to know, the licensee
8 or certificateholder is not competent to perform.
9 (y) Aiding, assisting, procuring, or employing any
10 unlicensed person to practice speech-language pathology or
11 audiology.
12 (z) Delegating or contracting for the performance of
13 professional responsibilities by a person when the licensee
14 delegating or contracting for performance of such
15 responsibilities knows, or has reason to know, such person is
16 not qualified by training, experience, and authorization to
17 perform them.
18 (aa) Committing any act upon a patient or client which
19 would constitute sexual battery or which would constitute
20 sexual misconduct as defined pursuant to s. 468.1296.
21 (bb) Being unable to practice the profession for which
22 he or she is licensed or certified under this chapter with
23 reasonable skill or competence as a result of any mental or
24 physical condition or by reason of illness, drunkenness, or
25 use of drugs, narcotics, chemicals, or any other substance. In
26 enforcing this paragraph, upon a finding by the secretary, his
27 or her designee, or the board that probable cause exists to
28 believe that the licensee or certificateholder is unable to
29 practice the profession because of the reasons stated in this
30 paragraph, the department shall have the authority to compel a
31 licensee or certificateholder to submit to a mental or
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1 physical examination by a physician, psychologist, clinical
2 social worker, marriage and family therapist, or mental health
3 counselor designated by the department or board. If the
4 licensee or certificateholder refuses to comply with the
5 department's order directing the examination, such order may
6 be enforced by filing a petition for enforcement in the
7 circuit court in the circuit in which the licensee or
8 certificateholder resides or does business. The department
9 shall be entitled to the summary procedure provided in s.
10 51.011. A licensee or certificateholder affected under this
11 paragraph shall at reasonable intervals be afforded an
12 opportunity to demonstrate that he or she can resume the
13 competent practice for which he or she is licensed or
14 certified with reasonable skill and safety to patients.
15 Section 72. Subsection (4) of section 468.1665,
16 Florida Statutes, is amended to read:
17 468.1665 Board of Nursing Home Administrators;
18 membership; appointment; terms.--
19 (4) All provisions of part II of chapter 455 relating
20 to activities of regulatory boards shall apply.
21 Section 73. Paragraphs (a) and (h) of subsection (1)
22 of section 468.1755, Florida Statutes, are amended to read:
23 468.1755 Disciplinary proceedings.--
24 (1) The following acts shall constitute grounds for
25 which the disciplinary actions in subsection (2) may be taken:
26 (a) Violation of any provision of s. 455.624455.227(1)
27 or s. 468.1745(1).
28 (h) A violation or repeated violations of this part,
29 part II of chapter 455, or any rules promulgated pursuant
30 thereto.
31
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1 Section 74. Section 468.1756, Florida Statutes, is
2 amended to read:
3 468.1756 Statute of limitations.--An administrative
4 complaint may only be filed pursuant to s. 455.621 455.225 for
5 an act listed in paragraphs (1)(c)-(p) of s. 468.1755 within 4
6 years from the time of the incident giving rise to the
7 complaint, or within 4 years from the time the incident is
8 discovered or should have been discovered.
9 Section 75. Subsection (5) of section 468.205, Florida
10 Statutes, is amended to read:
11 468.205 Board of Occupational Therapy Practice.--
12 (5) All provisions of part II of chapter 455 relating
13 to activities of the board shall apply.
14 Section 76. Subsection (1) of section 468.219, Florida
15 Statutes, is amended to read:
16 468.219 Renewal of license; continuing education.--
17 (1) Licenses issued under this part are subject to
18 biennial renewal as provided in s. 455.521 455.203.
19 Section 77. Subsection (3) of section 468.364, Florida
20 Statutes, is amended to read:
21 468.364 Fees; establishment; disposition.--
22 (3) All moneys collected by the department under this
23 part shall be deposited as required by s. 455.587 215.37.
24 Section 78. Paragraph (j) of subsection (1) of section
25 468.365, Florida Statutes, is amended to read:
26 468.365 Disciplinary grounds and actions.--
27 (1) The following acts constitute grounds for which
28 the disciplinary actions in subsection (2) may be taken:
29 (j) Violation of any rule adopted pursuant to this
30 part or part II of chapter 455.
31
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1 Section 79. Paragraph (b) of subsection (1) of section
2 468.402, Florida Statutes, is amended to read:
3 468.402 Duties of the department; authority to issue
4 and revoke license; adoption of rules.--
5 (1) The department may take any one or more of the
6 actions specified in subsection (5) against any person who
7 has:
8 (b) Violated any provision of this part, part I of
9 chapter 455, any lawful disciplinary order of the department,
10 or any rule of the department.
11 Section 80. Subsection (3) of section 468.4315,
12 Florida Statutes, is amended to read:
13 468.4315 Regulatory Council of Community Association
14 Managers.--
15 (3) To the extent the council is authorized to
16 exercise functions otherwise exercised by a board pursuant to
17 part I of chapter 455, the provisions of part I of chapter 455
18 and s. 20.165 relating to regulatory boards shall apply,
19 including, but not limited to, provisions relating to board
20 rules and the accountability and liability of board members.
21 All proceedings and actions of the council are subject to the
22 provisions of chapter 120. In addition, the provisions of
23 part I of chapter 455 and s. 20.165 shall apply to the
24 department in carrying out the duties and authorities
25 conferred upon the department by this part.
26 Section 81. Paragraphs (c) and (d) of subsection (2)
27 of section 468.453, Florida Statutes, are amended to read:
28 468.453 Licensure required; qualifications;
29 examination; bond.--
30 (2) A person shall be licensed as an athlete agent if
31 the applicant:
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1 (c) Passes an examination provided by the department
2 which tests the applicant's proficiency to practice as an
3 athlete agent, including, but not limited to, knowledge of the
4 laws and rules of this state relating to athlete agents, this
5 part, and part I of chapter 455.
6 (d) Has completed the application form and remitted an
7 application fee not to exceed $500, an examination fee not to
8 exceed the actual cost for the examination plus $500, an
9 active licensure fee not to exceed $2,000, and all other
10 applicable fees provided for in this part or in part I of
11 chapter 455.
12 Section 82. Paragraph (a) of subsection (1) of section
13 468.456, Florida Statutes, is amended to read:
14 468.456 Prohibited acts.--
15 (1) The following acts shall be grounds for the
16 disciplinary actions provided for in subsection (3):
17 (a) A violation of any law relating to the practice as
18 an athlete agent including, but not limited to, violations of
19 this part and part I of chapter 455 and any rules promulgated
20 thereunder.
21 Section 83. Subsection (1) of section 468.4571,
22 Florida Statutes, is amended to read:
23 468.4571 Saving clauses.--
24 (1) An athlete agent registration valid on October 1,
25 1995, shall remain in full force and effect until the
26 expiration of the registration. Upon expiration of such valid
27 registration, the registrant shall be entitled to licensure
28 pursuant to this part, provided that any discipline in effect
29 pursuant to that registration shall be continued as discipline
30 under the new license. All regulation of athlete agents and
31 all licenses or permits for athlete agents shall be applied
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1 for and renewed in accordance with this part and part I of
2 chapter 455.
3 Section 84. Section 468.506, Florida Statutes, is
4 amended to read:
5 468.506 Dietetics and Nutrition Practice
6 Council.--There is created the Dietetics and Nutrition
7 Practice Council under the supervision of the board. The
8 council shall consist of four persons licensed under this part
9 and one consumer who is 60 years of age or older. Council
10 members shall be appointed by the board. Licensed members
11 shall be appointed based on the proportion of licensees within
12 each of the respective disciplines. Members shall be
13 appointed for 4-year staggered terms. In order to be eligible
14 for appointment, each licensed member must have been a
15 licensee under this part for at least 3 years prior to his or
16 her appointment. No council member shall serve more than two
17 successive terms. The board may delegate such powers and
18 duties to the council as it may deem proper to carry out the
19 operations and procedures necessary to effectuate the
20 provisions of this part. However, the powers and duties
21 delegated to the council by the board must encompass both
22 dietetics and nutrition practice and nutrition counseling. Any
23 time there is a vacancy on the council, any professional
24 association composed of persons licensed under this part may
25 recommend licensees to fill the vacancy to the board in a
26 number at least twice the number of vacancies to be filled,
27 and the board may appoint from the submitted list, in its
28 discretion, any of those persons so recommended. Any
29 professional association composed of persons licensed under
30 this part may file an appeal regarding a council appointment
31 with the director of the agency, whose decision shall be
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1 final. The board shall fix council members' compensation and
2 pay their expenses in the same manner as provided in s.
3 455.534 455.207.
4 Section 85. Section 468.507, Florida Statutes, is
5 amended to read:
6 468.507 Authority to adopt rules.--The board may adopt
7 such rules not inconsistent with law as may be necessary to
8 carry out the duties and authority conferred upon the board by
9 this part and part II of chapter 455. The powers and duties
10 of the board as set forth in this part shall in no way limit
11 or interfere with the powers and duties of the board as set
12 forth in chapter 458. All powers and duties of the board set
13 forth in this part shall be supplemental and additional powers
14 and duties to those conferred upon the board by chapter 458.
15 Section 86. Subsection (3) of section 468.513, Florida
16 Statutes, is amended to read:
17 468.513 Dietitian/nutritionist; licensure by
18 endorsement.--
19 (3) The agency shall not issue a license by
20 endorsement under this section to any applicant who is under
21 investigation in any jurisdiction for any act which would
22 constitute a violation of this part or part II of chapter 455
23 until such time as the investigation is complete and
24 disciplinary proceedings have been terminated.
25 Section 87. Paragraph (a) of subsection (1) of section
26 468.518, Florida Statutes, is amended to read:
27 468.518 Grounds for disciplinary action.--
28 (1) The following acts constitute grounds for which
29 the disciplinary actions in subsection (2) may be taken:
30 (a) Violating any provision of this part, any board or
31 agency rule adopted pursuant thereto, or any lawful order of
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1 the board or agency previously entered in a disciplinary
2 hearing held pursuant to this part, or failing to comply with
3 a lawfully issued subpoena of the agency. The provisions of
4 this paragraph also apply to any order or subpoena previously
5 issued by the Department of Health Business and Professional
6 Regulation during its period of regulatory control over this
7 part.
8 Section 88. Section 468.523, Florida Statutes, is
9 amended to read:
10 468.523 Applicability of s. 20.165 and pt. I of ch.
11 455.--All provisions of s. 20.165 and part I of chapter 455
12 relating to activities of regulatory boards shall apply.
13 Section 89. Subsection (3) of section 468.526, Florida
14 Statutes, is amended to read:
15 468.526 License required; fees.--
16 (3) Each employee leasing company and employee leasing
17 company group licensee shall pay to the department upon the
18 initial issuance of a license and upon each renewal thereafter
19 a license fee not to exceed $2,500 to be established by the
20 board. In addition to the license fee, the board shall
21 establish an annual assessment for each employee leasing
22 company and each employee leasing company group sufficient to
23 cover all costs for regulation of the profession pursuant to
24 this chapter, part I of chapter 455, and any other applicable
25 provisions of law. The annual assessment shall:
26 (a) Be due and payable upon initial licensure and
27 subsequent renewals thereof and 1 year before the expiration
28 of any licensure period; and
29 (b) Be based on a fixed percentage, variable classes,
30 or a combination of both, as determined by the board, of gross
31 Florida payroll for employees leased to clients by the
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1 applicant or licensee during the period beginning five
2 quarters before and ending one quarter before each assessment.
3 It is the intent of the Legislature that the greater weight of
4 total fees for licensure and assessments should be on larger
5 companies and groups.
6 Section 90. Paragraph (i) of subsection (1) of section
7 468.532, Florida Statutes, is amended to read:
8 468.532 Discipline.--
9 (1) The following constitute grounds for which
10 disciplinary action against a licensee may be taken by the
11 board:
12 (i) Violating any provision of this part or any lawful
13 order or rule issued under the provisions of this part or part
14 I of chapter 455.
15 Section 91. Subsection (1) of section 468.535, Florida
16 Statutes, is amended to read:
17 468.535 Investigations; audits; review.--
18 (1) The department may make investigations, audits, or
19 reviews within or outside this state as it deems necessary:
20 (a) To determine whether a person or company has
21 violated or is in danger of violating any provision of this
22 part, part I of chapter 455, or any rule or order thereunder;
23 or
24 (b) To aid in the enforcement of this part or part I
25 of chapter 455.
26 Section 92. Subsections (7) and (9) of section
27 468.701, Florida Statutes, are amended to read:
28 468.701 Definitions.--As used in this part, the term:
29 (7) "Department" means the Department of Health
30 Business and Professional Regulation.
31
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1 (9) "Secretary" means the Secretary of Health Business
2 and Professional Regulation.
3 Section 93. Subsections (2) and (4) of section
4 468.703, Florida Statutes, are amended to read:
5 468.703 Council of Athletic Training.--
6 (2) Four members of the council shall be licensed
7 athletic trainers. One member of the council shall be a
8 physician licensed under chapter 458 or chapter 459. One
9 member of the council shall be a physician licensed under
10 chapter 460 and certified in the specialty of sports medicine
11 by the Chiropractic Council on Sports Medicine. One member of
12 the council shall be a resident of this state who has never
13 worked as an athletic trainer, who has no financial interest
14 in the practice of athletic training, and who has never been a
15 licensed health care practitioner as defined in s.
16 455.501455.01(4). Members of the council shall serve staggered
17 4-year terms as determined by rule of the department; however,
18 no member may serve more than two consecutive terms.
19 (4) Members of the council shall be entitled to
20 compensation and reimbursement for expenses in the same manner
21 as board members are compensated and reimbursed under s.
22 455.534 455.207.
23 Section 94. Subsection (2) of section 468.707, Florida
24 Statutes, is amended to read:
25 468.707 Licensure by examination; requirements.--
26 (2) Pursuant to the requirements of s. 455.604
27 455.2228, each applicant shall complete a continuing education
28 course on human immunodeficiency virus and acquired immune
29 deficiency syndrome as part of initial licensure.
30 Section 95. Subsections (1) and (3) of section
31 468.711, Florida Statutes, are amended to read:
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1 468.711 Renewal of license; continuing education.--
2 (1) The department shall renew a license upon receipt
3 of the renewal application and fee, provided the applicant is
4 in compliance with the provisions of this part, part II of
5 chapter 455, and rules promulgated pursuant thereto.
6 (3) Pursuant to the requirements of s. 455.604
7 455.2228, each licensee shall complete a continuing education
8 course on human immunodeficiency virus and acquired immune
9 deficiency syndrome as part of biennial relicensure.
10 Section 96. Paragraph (a) of subsection (1) and
11 subsection (2) of section 468.719, Florida Statutes, are
12 amended to read:
13 468.719 Disciplinary actions.--
14 (1) The following acts shall be grounds for
15 disciplinary actions provided for in subsection (2):
16 (a) A violation of any law relating to the practice of
17 athletic training, including, but not limited to, any
18 violation of this part, s. 455.624 455.227, or any rule
19 adopted pursuant thereto.
20 (2) When the department finds any person guilty of any
21 of the acts set forth in subsection (1), the department may
22 enter an order imposing one or more of the penalties provided
23 in s. 455.624 455.227.
24 Section 97. Subsection (4) of section 468.801, Florida
25 Statutes, is amended to read:
26 468.801 Board of Orthotists and Prosthetists;
27 appointment; membership; terms; headquarters.--
28 (4) The provisions of part II of chapter 455 relating
29 to activities of regulatory boards apply to the board.
30 Section 98. Subsections (1) and (2) of section
31 468.811, Florida Statutes, are amended to read:
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1 468.811 Disciplinary proceedings.--
2 (1) The following acts are grounds for disciplinary
3 action against a licensee and the issuance of cease and desist
4 orders or other related action by the department, pursuant to
5 s. 455.624 455.227, against any person who engages in or aids
6 in a violation.
7 (a) Attempting to procure a license by fraudulent
8 misrepresentation.
9 (b) Having a license to practice orthotics,
10 prosthetics, or pedorthics revoked, suspended, or otherwise
11 acted against, including the denial of licensure in another
12 jurisdiction.
13 (c) Being convicted or found guilty of or pleading
14 nolo contendere to, regardless of adjudication, in any
15 jurisdiction, a crime that directly relates to the practice of
16 orthotics, prosthetics, or pedorthics, including violations of
17 federal laws or regulations regarding orthotics, prosthetics,
18 or pedorthics.
19 (d) Filing a report or record that the licensee knows
20 is false, intentionally or negligently failing to file a
21 report or record required by state or federal law, willfully
22 impeding or obstructing such filing, or inducing another
23 person to impede or obstruct such filing. Such reports or
24 records include only reports or records that are signed in a
25 person's capacity as a licensee under this act.
26 (e) Advertising goods or services in a fraudulent,
27 false, deceptive, or misleading manner.
28 (f) Violation of this act or part II of chapter 455,
29 or any rules adopted thereunder.
30 (g) Violation of an order of the board, agency, or
31 department previously entered in a disciplinary hearing or
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1 failure to comply with a subpoena issued by the board, agency,
2 or department.
3 (h) Practicing with a revoked, suspended, or inactive
4 license.
5 (i) Gross or repeated malpractice or the failure to
6 deliver orthotic, prosthetic, or pedorthic services with that
7 level of care and skill which is recognized by a reasonably
8 prudent licensed practitioner with similar professional
9 training as being acceptable under similar conditions and
10 circumstances.
11 (j) Failing to provide written notice of any
12 applicable warranty for an orthosis, prosthesis, or pedorthic
13 device that is provided to a patient.
14 (2) The board may enter an order imposing one or more
15 of the penalties in s. 455.624455.227(2) against any person
16 who violates any provision of subsection (1).
17 Section 99. Paragraph (b) of subsection (1) of section
18 469.009, Florida Statutes, is amended to read:
19 469.009 License revocation, suspension, and denial of
20 issuance or renewal.--
21 (1) The department may revoke, suspend, or deny the
22 issuance or renewal of a license; reprimand, censure, or place
23 on probation any contractor, consultant, financially
24 responsible officer, or business organization; require
25 financial restitution to a consumer; impose an administrative
26 fine not to exceed $5,000 per violation; require continuing
27 education; or assess costs associated with any investigation
28 and prosecution if the contractor or consultant, or business
29 organization or officer or agent thereof, is found guilty of
30 any of the following acts:
31 (b) Violating any provision of part I of chapter 455.
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1
2 For the purposes of this subsection, construction is
3 considered to be commenced when the contract is executed and
4 the contractor has accepted funds from the customer or lender.
5 Section 100. Subsection (4) of section 470.003,
6 Florida Statutes, is amended to read:
7 470.003 Board of Funeral Directors and Embalmers;
8 membership; appointment; terms.--
9 (4) All provisions of part I of chapter 455 and s.
10 20.165 relating to activities of regulatory boards shall
11 apply.
12 Section 101. Paragraph (h) of subsection (1) of
13 section 470.036, Florida Statutes, is amended to read:
14 470.036 Disciplinary proceedings.--
15 (1) The following acts constitute grounds for which
16 the disciplinary actions in subsection (2) may be taken:
17 (h) A violation or repeated violation of this chapter
18 or of part I of chapter 455 and any rules promulgated pursuant
19 thereto.
20 Section 102. Section 471.008, Florida Statutes, is
21 amended to read:
22 471.008 Rules of the board.--The board may adopt such
23 rules not inconsistent with law as may be necessary to carry
24 out the duties and authority conferred upon the board by this
25 chapter or part I of chapter 455.
26 Section 103. Subsection (4) of section 471.015,
27 Florida Statutes, is amended to read:
28 471.015 Licensure.--
29 (4) The department shall not issue a license by
30 endorsement to any applicant who is under investigation in
31 another state for any act that would constitute a violation of
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1 ss. 471.001-471.037 or of part I of chapter 455 until such
2 time as the investigation is complete and disciplinary
3 proceedings have been terminated.
4 Section 104. Paragraphs (c) and (h) of subsection (1)
5 of section 471.033, Florida Statutes, are amended to read:
6 471.033 Disciplinary proceedings.--
7 (1) The following acts constitute grounds for which
8 the disciplinary actions in subsection (3) may be taken:
9 (c) Having a license to practice engineering revoked,
10 suspended, or otherwise acted against, including the denial of
11 licensure, by the licensing authority of another state,
12 territory, or country, for any act that would constitute a
13 violation of this chapter or part I of chapter 455.
14 (h) Violating part I of chapter 455.
15 Section 105. Subsections (4) and (5) of section
16 471.038, Florida Statutes, are amended to read:
17 471.038 Florida Engineers Management Corporation.--
18 (4) The Florida Engineers Management Corporation is
19 created to provide administrative, investigative, and
20 prosecutorial services to the board in accordance with the
21 provisions of part I of chapter 455 and this chapter. The
22 corporation may hire staff as necessary to carry out its
23 functions. Such staff are not public employees for the
24 purposes of chapter 110 or chapter 112. The provisions of s.
25 768.28 apply to the corporation, which is deemed to be a
26 corporation primarily acting as an instrumentality of the
27 state, but which is not an agency within the meaning of s.
28 20.03(11). The corporation shall:
29 (a) Be a Florida corporation not for profit,
30 incorporated under the provisions of chapter 617.
31
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1 (b) Provide administrative, investigative, and
2 prosecutorial services to the board in accordance with the
3 provisions of part I of chapter 455 and this chapter.
4 (c) Receive, hold, and administer property and make
5 expenditures for the benefit of the board.
6 (d) Be approved by the board and the department to
7 operate for the benefit of the board and in the best interest
8 of the state.
9 (e) Operate under a fiscal year that begins on July 1
10 of each year and ends on June 30 of the following year.
11 (f) Have a seven-member board of directors, five of
12 whom are to be appointed by the board and must be registrants
13 regulated by the board and two of whom are to be appointed by
14 the secretary and must be laypersons not regulated by the
15 board. The corporation shall select its officers in accordance
16 with its bylaws. The members of the board of directors may be
17 removed by the board, with the concurrence of the department,
18 for the same reasons that a board member may be removed.
19 (g) Operate under a written contract with the
20 department which is approved by the board and renewed
21 annually. The initial contract must be entered into no later
22 than March 1, 1998. The contract must provide for:
23 1. Approval of the articles of incorporation and
24 bylaws of the corporation by the department and the board.
25 2. Submission by the corporation of an annual budget
26 that complies with board rules for approval by the board and
27 the department.
28 3. Annual certification by the board and the
29 department that the corporation is complying with the terms of
30 the contract in a manner consistent with the goals and
31
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1 purposes of the board and in the best interest of the state.
2 This certification must be reported in the board's minutes.
3 4. Employment by the department of a contract
4 administrator to actively supervise the administrative,
5 investigative, and prosecutorial activities of the corporation
6 to ensure compliance with the contract and the provisions of
7 part I of chapter 455 and this chapter and to act as a liaison
8 for the department, the board, and the corporation to ensure
9 the effective operation of the corporation.
10 5. Funding of the corporation through appropriations
11 allocated to the regulation of professional engineers from the
12 Professional Regulation Trust Fund.
13 6. The reversion to the board, or the state if the
14 board ceases to exist, of moneys and property held in trust by
15 the corporation for the benefit of the board, if the
16 corporation is no longer approved to operate for the board or
17 the board ceases to exist.
18 7. The securing and maintaining by the corporation,
19 during the term of the contract and for all acts performed
20 during the term of the contract, of all liability insurance
21 coverages in an amount to be approved by the department to
22 defend, indemnify, and hold harmless the corporation and its
23 officers and employees, the department and its employees, and
24 the state against all claims arising from state and federal
25 laws. Such insurance coverage must be with insurers qualified
26 and doing business in the state. The corporation must provide
27 proof of insurance to the department. The department and its
28 employees and the state are exempt from and are not liable for
29 any sum of money which represents a deductible, which sums
30 shall be the sole responsibility of the corporation. Violation
31
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1 of this subparagraph shall be grounds for terminating the
2 contract.
3 (h) Provide for an annual financial and compliance
4 audit of its financial accounts and records by an independent
5 certified public accountant in conjunction with the Auditor
6 General. The annual audit report must be submitted to the
7 board and the department for review and approval. Copies of
8 the audit must be submitted to the secretary and the
9 Legislature together with any other information requested by
10 the secretary, the board, or the Legislature.
11 (i) Submit to the secretary, the board, and the
12 Legislature, on or before January 1 of each year, a report on
13 the status of the corporation which includes, but is not
14 limited to, information concerning the programs and funds that
15 have been transferred to the corporation. The report must
16 include: the number of license applications received; the
17 number approved and denied and the number of licenses issued;
18 the number of examinations administered and the number of
19 applicants who passed or failed the examination; the number of
20 complaints received; the number determined to be legally
21 sufficient; the number dismissed; the number determined to
22 have probable cause; the number of administrative complaints
23 issued and the status of the complaints; and the number and
24 nature of disciplinary actions taken by the board.
25 (5) The corporation may not exercise any authority
26 specifically assigned to the board under part I of chapter 455
27 or this chapter, including determining probable cause to
28 pursue disciplinary action against a licensee, taking final
29 action on license applications or in disciplinary cases, or
30 adopting administrative rules under chapter 120.
31
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1 Section 106. Subsection (4) of section 472.015,
2 Florida Statutes, is amended to read:
3 472.015 Licensure.--
4 (4) The department shall not issue a license by
5 endorsement to any applicant who is under investigation in
6 another state for any act that would constitute a violation of
7 ss. 472.001-472.041 or part I of chapter 455 until such time
8 as the investigation is complete and disciplinary proceedings
9 have been terminated.
10 Section 107. Subsection (1) of section 473.3035,
11 Florida Statutes, is amended to read:
12 473.3035 Division of Certified Public Accounting.--
13 (1) All services concerning this chapter, including,
14 but not limited to, recordkeeping services, examination
15 services, legal services, and investigative services, and
16 those services in part I of chapter 455 necessary to perform
17 the duties of this chapter shall be provided by the Division
18 of Certified Public Accounting. The board may, by majority
19 vote, delegate a duty or duties to the appropriate division
20 within the department. The board may, by majority vote,
21 rescind any such delegation of duties at any time.
22 Section 108. Subsection (5) of section 473.308,
23 Florida Statutes, is amended to read:
24 473.308 Licensure.--
25 (5) The board may refuse to certify for licensure any
26 applicant who is under investigation in another state for any
27 act which would constitute a violation of this act or part I
28 of chapter 455, until such time as the investigation is
29 complete and disciplinary proceedings have been terminated.
30 Section 109. Subsection (1) of section 473.311,
31 Florida Statutes, is amended to read:
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1 473.311 Renewal of license.--
2 (1) The department shall renew a license upon receipt
3 of the renewal application and fee and upon certification by
4 the board that the licensee has satisfactorily completed the
5 continuing education requirements of s. 473.312 and has passed
6 an examination approved by the board on part I of chapter 455
7 and this chapter and the related administrative rules.
8 Section 110. Paragraph (h) of subsection (1) of
9 section 473.323, Florida Statutes, is amended to read:
10 473.323 Disciplinary proceedings.--
11 (1) The following acts constitute grounds for which
12 the disciplinary actions in subsection (3) may be taken:
13 (h) Violation of any rule adopted pursuant to this
14 chapter or part I of chapter 455.
15 Section 111. Subsection (3) of section 474.204,
16 Florida Statutes, is amended to read:
17 474.204 Board of Veterinary Medicine.--
18 (3) All provisions of part I of chapter 455 relating
19 to activities of regulatory boards shall apply.
20 Section 112. Paragraph (f) of subsection (1) of
21 section 474.214, Florida Statutes, is amended to read:
22 474.214 Disciplinary proceedings.--
23 (1) The following acts shall constitute grounds for
24 which the disciplinary actions in subsection (2) may be taken:
25 (f) Violating any provision of this chapter or part I
26 of chapter 455, a rule of the board or department, or a lawful
27 order of the board or department previously entered in a
28 disciplinary hearing, or failing to comply with a lawfully
29 issued subpoena of the department.
30 Section 113. Section 474.2145, Florida Statutes, is
31 amended to read:
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1 474.2145 Subpoena of certain records.--Notwithstanding
2 any provision of law to the contrary the provisions of s.
3 455.241, the department may issue subpoenas duces tecum
4 requiring the names and addresses of some or all the clients
5 of a licensed veterinarian against whom a complaint has been
6 filed pursuant to s. 455.225 when the information has been
7 deemed necessary and relevant to the investigation as
8 determined by the secretary of the department.
9 Section 114. Subsection (1) of section 475.021,
10 Florida Statutes, is amended to read:
11 475.021 Division of Real Estate.--
12 (1) All services concerning this chapter, including,
13 but not limited to, recordkeeping services, examination
14 services, legal services, and investigative services, and
15 those services in part I of chapter 455 necessary to perform
16 the duties of this chapter shall be provided by the Division
17 of Real Estate. The commission may, by majority vote,
18 delegate a duty or duties to the appropriate division within
19 the department. The commission may, by majority vote, rescind
20 any such delegation of duties at any time.
21 Section 115. Subsection (3) of section 475.181,
22 Florida Statutes, is amended to read:
23 475.181 Licensure.--
24 (3) The department may not issue a license to any
25 applicant who is under investigation in any other state,
26 territory, or jurisdiction of the United States or any foreign
27 national jurisdiction for any act that would constitute a
28 violation of this part or part I of chapter 455 until such
29 time as the investigation is complete and disciplinary
30 proceedings have been terminated.
31
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1 Section 116. Paragraph (e) of subsection (1) of
2 section 475.25, Florida Statutes, is amended to read:
3 475.25 Discipline.--
4 (1) The commission may deny an application for
5 licensure, registration, or permit, or renewal thereof; may
6 place a licensee, registrant, or permittee on probation; may
7 suspend a license, registration, or permit for a period not
8 exceeding 10 years; may revoke a license, registration, or
9 permit; may impose an administrative fine not to exceed $1,000
10 for each count or separate offense; and may issue a reprimand,
11 and any or all of the foregoing, if it finds that the
12 licensee, registrant, permittee, or applicant:
13 (e) Has violated any of the provisions of this chapter
14 or any lawful order or rule made or issued under the
15 provisions of this chapter or part I of chapter 455.
16 Section 117. Subsection (4) of section 475.624,
17 Florida Statutes, is amended to read:
18 475.624 Discipline.--The board may deny an application
19 for registration, licensure, or certification; investigate the
20 actions of any appraiser registered, licensed, or certified
21 under this section; and may reprimand, fine, revoke, or
22 suspend, for a period not to exceed 10 years, the
23 registration, license, or certification of any such appraiser,
24 or place any such appraiser on probation if it finds that the
25 registrant, licensee, or certificateholder:
26 (4) Has violated any of the provisions of this section
27 or any lawful order or rule issued under the provisions of
28 this section or part I of chapter 455.
29 Section 118. Paragraph (i) of subsection (1) of
30 section 476.204, Florida Statutes, is amended to read:
31 476.204 Penalties.--
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1 (1) It is unlawful for any person to:
2 (i) Violate or refuse to comply with any provision of
3 this chapter or part I of chapter 455 or a rule or final order
4 of the board.
5 Section 119. Paragraph (i) of subsection (1) of
6 section 477.029, Florida Statutes, is amended to read:
7 477.029 Penalty.--
8 (1) It is unlawful for any person to:
9 (i) Violate or refuse to comply with any provision of
10 this chapter or part I of chapter 455 or a rule or final order
11 of the board or the department.
12 Section 120. Subsection (5) of section 480.044,
13 Florida Statutes, is amended to read:
14 480.044 Fees; disposition.--
15 (5) All moneys collected by the department from fees
16 authorized by this act shall be paid into the Medical Quality
17 Assurance Professional Regulation Trust Fund in the department
18 and shall be applied in accordance with the provisions of ss.
19 455.587 215.37 and 455.219. The Legislature may appropriate
20 any excess moneys from this fund to the General Revenue Fund.
21 Section 121. Section 481.2055, Florida Statutes, is
22 amended to read:
23 481.2055 Authority to make rules.--The board may adopt
24 such rules, not inconsistent with law, as may be necessary to
25 carry out the duties and authority conferred upon the board by
26 this part and part I of chapter 455.
27 Section 122. Subsection (5) of section 481.213,
28 Florida Statutes, is amended to read:
29 481.213 Licensure.--
30 (5) The board may refuse to certify any applicant who
31 is under investigation in any jurisdiction for any act which
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1 would constitute a violation of this part or of part I of
2 chapter 455 until such time as the investigation is complete
3 and disciplinary proceedings have been terminated.
4 Section 123. Paragraphs (a) and (c) of subsection (1)
5 of section 481.225, Florida Statutes, are amended to read:
6 481.225 Disciplinary proceedings against registered
7 architects.--
8 (1) The following acts constitute grounds for which
9 the disciplinary actions in subsection (3) may be taken:
10 (a) Violating any provision of s. 455.227(1), s.
11 481.221, or s. 481.223, or any rule of the board or department
12 lawfully adopted pursuant to this part or part I of chapter
13 455.
14 (c) Having a license to practice architecture revoked,
15 suspended, or otherwise acted against, including the denial of
16 licensure, by the licensing authority of another state,
17 territory, or country, for any act that would constitute a
18 violation of this part or of part I of chapter 455.
19 Section 124. Paragraph (b) of subsection (1) of
20 section 481.2251, Florida Statutes, is amended to read:
21 481.2251 Disciplinary proceedings against registered
22 interior designers.--
23 (1) The following acts constitute grounds for which
24 the disciplinary actions specified in subsection (2) may be
25 taken:
26 (b) Having a license to practice interior design
27 revoked, suspended, or otherwise acted against, including the
28 denial of licensure, by the licensing authority of another
29 jurisdiction for any act which would constitute a violation of
30 this part or of part I of chapter 455;
31
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1 Section 125. Section 481.306, Florida Statutes, is
2 amended to read:
3 481.306 Authority to make rules.--The board may adopt
4 such rules, not inconsistent with law, as may be necessary to
5 carry out the duties and authority conferred upon the board by
6 this chapter and part I of chapter 455.
7 Section 126. Subsection (5) of section 481.311,
8 Florida Statutes, is amended to read:
9 481.311 Licensure.--
10 (5) The board may refuse to certify any applicant who
11 is under investigation in any jurisdiction for any act which
12 would constitute a violation of this act or of part I of
13 chapter 455, until the investigation is complete and
14 disciplinary proceedings have been terminated.
15 Section 127. Paragraph (h) of subsection (1) of
16 section 481.325, Florida Statutes, is amended to read:
17 481.325 Disciplinary proceedings.--
18 (1) The following acts constitute grounds for which
19 the disciplinary actions in subsection (3) may be taken:
20 (h) Violation of any rule adopted pursuant to this
21 part or part I of chapter 455.
22 Section 128. Subsection (5) of section 483.805,
23 Florida Statutes, is amended to read:
24 483.805 Board of Clinical Laboratory Personnel.--
25 (5) All provisions of part II of chapter 455 relating
26 to activities of regulatory boards shall apply to the board.
27 Section 129. Subsection (10) of section 483.807,
28 Florida Statutes, is amended to read:
29 483.807 Fees; establishment; disposition.--
30 (10) All fees shall be established, collected, and
31 deposited in accordance with s. 455.587 455.219.
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1 Section 130. Paragraph (j) of subsection (4) and
2 paragraph (b) of subsection (5) of section 468.901, Florida
3 Statutes, are amended to read:
4 483.901 Medical physicists; definitions; licensure.--
5 (4) COUNCIL.--The Advisory Council of Medical
6 Physicists is created in the Department of Health to advise
7 the department in regulating the practice of medical physics
8 in this state.
9 (j) A council member may be removed from the council
10 if the member:
11 1. Did not have the required qualifications at the
12 time of appointment;
13 2. Does not maintain the required qualifications while
14 serving on the council; or
15 3. Fails to attend the regularly scheduled council
16 meetings in a calendar year as required by s. 455.534 455.207.
17 (5) POWERS OF COUNCIL.--The council shall:
18 (b) Recommend practice standards for the practice of
19 medical physics which are consistent with the Guidelines for
20 Ethical Practice for Medical Physicists prepared by the
21 American Association of Physicists in Medicine and
22 disciplinary guidelines adopted under s. 455.627 455.2273.
23 Section 131. Subsection (1) of section 484.002,
24 Florida Statutes, is amended to read:
25 484.002 Definitions.--As used in this part:
26 (1) "Department" means the Department of Health
27 Business and Professional Regulation.
28 Section 132. Subsection (1) of section 484.003,
29 Florida Statutes, is amended to read:
30 484.003 Board of Opticianry; membership; appointment;
31 terms.--
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1 (1) The Board of Opticianry is created within the
2 Department of Health Business and Professional Regulation and
3 shall consist of seven members to be appointed by the Governor
4 and confirmed by the Senate.
5 Section 133. Subsection (1) of section 484.014,
6 Florida Statutes, is amended to read:
7 484.014 Disciplinary actions.--
8 (1) The following acts relating to the practice of
9 opticianry shall be grounds for both disciplinary action
10 against an optician as set forth in this section and cease and
11 desist or other related action by the department as set forth
12 in s. 455.637 455.228 against any person operating an optical
13 establishment who engages in, aids, or abets any such
14 violation:
15 (a) Procuring or attempting to procure a license by
16 misrepresentation, bribery, or fraud or through an error of
17 the department or the board.
18 (b) Procuring or attempting to procure a license for
19 any other person by making or causing to be made any false
20 representation.
21 (c) Making or filing a report or record which the
22 licensee knows to be false, intentionally or negligently
23 failing to file a report or record required by federal or
24 state law, willfully impeding or obstructing such filing, or
25 inducing another person to do so. Such reports or records
26 shall include only those which the person is required to make
27 or file as an optician.
28 (d) Failing to make fee or price information readily
29 available by providing such information upon request or upon
30 the presentation of a prescription.
31
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1 (e) Advertising goods or services in a manner which is
2 fraudulent, false, deceptive, or misleading in form or
3 content.
4 (f) Fraud or deceit, or negligence, incompetency, or
5 misconduct, in the authorized practice of opticianry.
6 (g) Violation or repeated violation of this part or of
7 part II of chapter 455 or any rules promulgated pursuant
8 thereto.
9 (h) Practicing with a revoked, suspended, inactive, or
10 delinquent license.
11 (i) Violation of a lawful order of the board or
12 department previously entered in a disciplinary hearing or
13 failing to comply with a lawfully issued subpoena of the
14 department.
15 (j) Violation of any provision of s. 484.012.
16 (k) Conspiring with another licensee or with any
17 person to commit an act, or committing an act, which would
18 coerce, intimidate, or preclude another licensee from lawfully
19 advertising her or his services.
20 (l) Willfully submitting to any third-party payor a
21 claim for services which were not provided to a patient.
22 (m) Failing to keep written prescription files.
23 (n) Willfully failing to report any person who the
24 licensee knows is in violation of this part or of rules of the
25 department or the board.
26 (o) Exercising influence on a client in such a manner
27 as to exploit the client for financial gain of the licensee or
28 of a third party.
29 (p) Gross or repeated malpractice.
30 (q) Permitting any person not licensed as an optician
31 in this state to fit or dispense any lenses, spectacles,
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1 eyeglasses, or other optical devices which are part of the
2 practice of opticianry.
3 (r) Being convicted or found guilty of, or entering a
4 plea of nolo contendere to, regardless of adjudication, in a
5 court of this state or other jurisdiction, a crime which
6 relates to the ability to practice opticianry or to the
7 practice of opticianry.
8 (s) Having been disciplined by a regulatory agency in
9 another state for any offense that would constitute a
10 violation of Florida law or rules regulating opticianry.
11 (t) Being unable to practice opticianry with
12 reasonable skill and safety by reason of illness or use of
13 drugs, narcotics, chemicals, or any other type of material or
14 as a result of any mental or physical condition. An optician
15 affected under this paragraph shall at reasonable intervals be
16 afforded an opportunity to demonstrate that she or he can
17 resume the competent practice of opticianry with reasonable
18 skill and safety to her or his customers.
19 Section 134. Subsection (4) of section 484.042,
20 Florida Statutes, is amended to read:
21 484.042 Board of Hearing Aid Specialists; membership,
22 appointment, terms.--
23 (4) All provisions of part II of chapter 455 relating
24 to activities of regulatory boards apply to the board.
25 However, notwithstanding the requirement of s.
26 455.621455.225(4) that the board provide by rule for the
27 determination of probable cause by a panel composed of its
28 members or by the department, the board may provide by rule
29 that its probable cause panel may be composed of one current
30 member of the board and one past member of the board, as long
31 as the past member is a licensed hearing aid specialist in
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1 good standing. The past board member shall be appointed to
2 the panel for a maximum of 2 years by the chair of the board
3 with the approval of the secretary.
4 Section 135. Subsection (1) of section 484.056,
5 Florida Statutes, is amended to read:
6 484.056 Disciplinary proceedings.--
7 (1) The following acts relating to the practice of
8 dispensing hearing aids shall be grounds for both disciplinary
9 action against a hearing aid specialist as set forth in this
10 section and cease and desist or other related action by the
11 department as set forth in s. 455.637 455.228 against any
12 person owning or operating a hearing aid establishment who
13 engages in, aids, or abets any such violation:
14 (a) Violation of any provision of s. 455.624455.227(1)
15 or s. 484.053.
16 (b) Attempting to procure a license to dispense
17 hearing aids by bribery, by fraudulent misrepresentations, or
18 through an error of the department or the board.
19 (c) Having a license to dispense hearing aids revoked,
20 suspended, or otherwise acted against, including the denial of
21 licensure, by the licensing authority of another state,
22 territory, or country.
23 (d) Being convicted or found guilty of, or entering a
24 plea of nolo contendere to, regardless of adjudication, a
25 crime in any jurisdiction which directly relates to the
26 practice of dispensing hearing aids or the ability to practice
27 dispensing hearing aids, including violations of any federal
28 laws or regulations regarding hearing aids.
29 (e) Making or filing a report or record which the
30 licensee knows to be false, intentionally or negligently
31 failing to file a report or record required by state or
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1 federal law, willfully impeding or obstructing such filing, or
2 inducing another person to impede or obstruct such filing.
3 Such reports or records shall include only those reports or
4 records which are signed in one's capacity as a licensed
5 hearing aid specialist.
6 (f) Advertising goods or services in a manner which is
7 fraudulent, false, deceptive, or misleading in form or
8 content.
9 (g) Proof that the licensee is guilty of fraud or
10 deceit or of negligence, incompetency, or misconduct in the
11 practice of dispensing hearing aids.
12 (h) Violation or repeated violation of this part or of
13 part II of chapter 455, or any rules promulgated pursuant
14 thereto.
15 (i) Violation of a lawful order of the board or
16 department previously entered in a disciplinary hearing or
17 failure to comply with a lawfully issued subpoena of the board
18 or department.
19 (j) Practicing with a revoked, suspended, inactive, or
20 delinquent license.
21 (k) Using, or causing or promoting the use of, any
22 advertising matter, promotional literature, testimonial,
23 guarantee, warranty, label, brand, insignia, or other
24 representation, however disseminated or published, which is
25 misleading, deceiving, or untruthful.
26 (l) Showing or demonstrating, or, in the event of
27 sale, delivery of, a product unusable or impractical for the
28 purpose represented or implied by such action.
29 (m) Misrepresentation of professional services
30 available in the fitting, sale, adjustment, service, or repair
31 of a hearing aid, or use of the terms "doctor," "clinic,"
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1 "clinical," "medical audiologist," "clinical audiologist,"
2 "research audiologist," or "audiologic" or any other term or
3 title which might connote the availability of professional
4 services when such use is not accurate.
5 (n) Representation, advertisement, or implication that
6 a hearing aid or its repair is guaranteed without providing
7 full disclosure of the identity of the guarantor; the nature,
8 extent, and duration of the guarantee; and the existence of
9 conditions or limitations imposed upon the guarantee.
10 (o) Representing, directly or by implication, that a
11 hearing aid utilizing bone conduction has certain specified
12 features, such as the absence of anything in the ear or
13 leading to the ear, or the like, without disclosing clearly
14 and conspicuously that the instrument operates on the bone
15 conduction principle and that in many cases of hearing loss
16 this type of instrument may not be suitable.
17 (p) Making any predictions or prognostications as to
18 the future course of a hearing impairment, either in general
19 terms or with reference to an individual person.
20 (q) Stating or implying that the use of any hearing
21 aid will improve or preserve hearing or prevent or retard the
22 progression of a hearing impairment or that it will have any
23 similar or opposite effect.
24 (r) Making any statement regarding the cure of the
25 cause of a hearing impairment by the use of a hearing aid.
26 (s) Representing or implying that a hearing aid is or
27 will be "custom-made," "made to order," or "prescription-made"
28 or in any other sense specially fabricated for an individual
29 person when such is not the case.
30 (t) Canvassing from house to house or by telephone
31 either in person or by an agent for the purpose of selling a
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1 hearing aid, except that contacting persons who have evidenced
2 an interest in hearing aids, or have been referred as in need
3 of hearing aids, shall not be considered canvassing.
4 (u) Failure to submit to the board on an annual basis,
5 or such other basis as may be provided by rule, certification
6 of testing and calibration of audiometric testing equipment on
7 the form approved by the board.
8 (v) Failing to provide all information as described in
9 s. 484.051(1).
10 (w) Exercising influence on a client in such a manner
11 as to exploit the client for financial gain of the licensee or
12 of a third party.
13 Section 136. Subsection (4) of section 486.023,
14 Florida Statutes, is amended to read:
15 486.023 Board of Physical Therapy Practice.--
16 (4) All provisions of part II of chapter 455 relating
17 to activities of the board shall apply.
18 Section 137. Section 486.115, Florida Statutes, is
19 amended to read:
20 486.115 Disposition of fees.--All moneys collected by
21 the department under this chapter shall be deposited and
22 expended pursuant to the provisions of s. 455.587 215.37.
23 Section 138. Section 486.172, Florida Statutes, is
24 amended to read:
25 486.172 Application of s. 455.514 455.11.--The
26 provisions of s. 455.514 455.11 shall also be applicable to
27 the provisions of this chapter.
28 Section 139. Paragraph (c) of subsection (1) and
29 paragraph (a) of subsection (11) of section 489.129, Florida
30 Statutes, are amended to read:
31 489.129 Disciplinary proceedings.--
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1 (1) The board may take any of the following actions
2 against any certificateholder or registrant: place on
3 probation or reprimand the licensee, revoke, suspend, or deny
4 the issuance or renewal of the certificate, registration, or
5 certificate of authority, require financial restitution to a
6 consumer for financial harm directly related to a violation of
7 a provision of this part, impose an administrative fine not to
8 exceed $5,000 per violation, require continuing education, or
9 assess costs associated with investigation and prosecution, if
10 the contractor, financially responsible officer, or business
11 organization for which the contractor is a primary qualifying
12 agent, a financially responsible officer, or a secondary
13 qualifying agent responsible under s. 489.1195 is found guilty
14 of any of the following acts:
15 (c) Violating any provision of part I of chapter 455.
16
17 For the purposes of this subsection, construction is
18 considered to be commenced when the contract is executed and
19 the contractor has accepted funds from the customer or lender.
20 (11)(a) Notwithstanding the provisions of chapter
21 chapters 120 and part I of chapter 455, upon receipt of a
22 legally sufficient consumer complaint alleging a violation of
23 this part, the department may provide by rule for binding
24 arbitration between the complainant and the certificateholder
25 or registrant, provided the following conditions exist:
26 1. There is evidence that the complainant has suffered
27 or is likely to suffer monetary damages resulting from the
28 violation of this part;
29 2. The certificateholder or registrant does not have a
30 history of repeated or similar violations;
31
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1 3. Reasonable grounds exist to believe that the public
2 interest will be better served by arbitration than by
3 disciplinary action; and
4 4. The complainant and certificateholder or registrant
5 have not previously entered into private arbitration, and no
6 civil court action based on the same transaction has been
7 filed.
8 Section 140. Paragraph (a) of subsection (1) and
9 paragraphs (a) and (e) of subsection (7) of section 489.533,
10 Florida Statutes, are amended to read:
11 489.533 Disciplinary proceedings.--
12 (1) The following acts shall constitute grounds for
13 disciplinary actions as provided in subsection (2):
14 (a) Violating any provision of s. 489.531 or part I of
15 chapter 455.
16
17 For the purposes of this subsection, construction is
18 considered to be commenced when the contract is executed and
19 the contractor has accepted funds from the customer or lender.
20 (7)(a) The department may, by rule, provide for a
21 mediation process for the complainant and the licensee.
22 Notwithstanding the provisions of chapter chapters 120 and
23 part I of chapter 455, upon receipt of a legally sufficient
24 consumer complaint alleging a violation of this part, both the
25 licensee and the complainant may consent in writing to
26 mediation within 15 days following notification of this
27 process by the department. The department may suspend all
28 action in the matter for 45 days when notice of consent to
29 mediation is received by the department. If the mediation
30 process is successfully concluded within the 60-day period,
31 the department may close the case file with a notation of the
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1 disposition and the licensee's record shall reflect only that
2 a complaint was filed and resolved through mediation. If
3 mediation is rejected by either the complainant or licensee,
4 or should said parties fail to reach a mediated solution
5 within the 60-day period, the department shall process the
6 complaint in the manner required by chapter chapters 120 and
7 part I of chapter 455. The mediator shall provide a written
8 report to the department of the mediation results within 10
9 days of the conclusion of the mediation process as provided by
10 rule.
11 (e) The department, in conjunction with the board,
12 shall determine by rule the types of cases which may be
13 included in the mediation process. The department may initiate
14 or continue disciplinary action, pursuant to part I of chapter
15 455 and this chapter against the licensee as determined by
16 rule.
17 Section 141. Subsection (5) of section 490.004,
18 Florida Statutes, is amended to read:
19 490.004 Board of Psychology.--
20 (5) All applicable provisions of part II of chapter
21 455 relating to activities of regulatory boards shall apply to
22 the board.
23 Section 142. Section 490.00515, Florida Statutes, is
24 amended to read:
25 490.00515 Exemptions from public records and meetings
26 requirements.--The exemptions from s. 119.07(1) provided by
27 ss. 455.621455.225(2) and (10) and 455.707455.261(3)(e) and
28 (5)(a) also apply to information concerning a provisional
29 psychologist regulated by the Agency for Health Care
30 Administration and the Department of Health under this
31 chapter, a registered clinical social worker intern, a
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1 registered marriage and family therapist intern, a registered
2 mental health counselor intern, a provisional clinical social
3 worker, a provisional marriage and family therapist, or a
4 provisional mental health counselor regulated by the Agency
5 for Health Care Administration and the Department of Health
6 under chapter 491. The exemption from s. 286.011 provided by
7 s. 455.621455.225(4) also applies to the proceedings of a
8 probable cause panel with respect to an investigation
9 concerning a provisional psychologist, a registered clinical
10 social worker intern, a registered marriage and family
11 therapist intern, a registered mental health counselor intern,
12 a provisional clinical social worker, a provisional marriage
13 and family therapist, or a provisional mental health counselor
14 regulated by the agency and department under this chapter or
15 chapter 491. This section is subject to the Open Government
16 Sunset Review Act of 1995 in accordance with s. 119.15 and
17 shall stand repealed on October 2, 2002, unless reviewed and
18 saved from repeal through reenactment by the Legislature.
19 Section 143. Paragraph (q) of subsection (2) of
20 section 490.009, Florida Statutes, is amended to read:
21 490.009 Discipline.--
22 (2) The following acts of a licensee, provisional
23 licensee, or applicant are grounds for which the disciplinary
24 actions listed in subsection (1) may be taken:
25 (q) Violating provisions of this chapter, or of part
26 II of chapter 455, or any rules adopted pursuant thereto.
27 Section 144. Subsection (1) of section 490.015,
28 Florida Statutes, is amended to read:
29 490.015 Duties of the department.--
30 (1) All functions reserved to boards under part II of
31 chapter 455 shall be exercised by the department with respect
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1 to the regulation of school psychologists and in a manner
2 consistent with the exercise of its regulatory functions.
3 Section 145. Subsection (6) of section 491.004,
4 Florida Statutes, is amended to read:
5 491.004 Board of Clinical Social Work, Marriage and
6 Family Therapy, and Mental Health Counseling.--
7 (6) All applicable provisions of part II of chapter
8 455 relating to activities of regulatory boards shall apply to
9 the board.
10 Section 146. Section 491.0047, Florida Statutes, is
11 amended to read:
12 491.0047 Exemptions from public records and meetings
13 requirements.--The exemptions from s. 119.07(1) provided by
14 ss. 455.621455.225(2) and (10) and 455.707455.261(3)(e) and
15 (5)(a) also apply to information concerning a provisional
16 psychologist regulated by the Agency for Health Care
17 Administration and the Department of Health under chapter 490,
18 a registered clinical social worker intern, a registered
19 marriage and family therapist intern, a registered mental
20 health counselor intern, a provisional clinical social worker,
21 a provisional marriage and family therapist, or a provisional
22 mental health counselor regulated by the Agency for Health
23 Care Administration and the Department of Health under this
24 chapter. The exemption from s. 286.011 provided by s.
25 455.621455.225(4) also applies to the proceedings of a
26 probable cause panel with respect to an investigation
27 concerning a provisional psychologist, a registered clinical
28 social worker intern, a registered marriage and family
29 therapist intern, a registered mental health counselor intern,
30 a provisional clinical social worker, a provisional marriage
31 and family therapist, or a provisional mental health counselor
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1 regulated by the agency and department under chapter 490 or
2 this chapter. This section is subject to the Open Government
3 Sunset Review Act of 1995 in accordance with s. 119.15 and
4 shall stand repealed on October 2, 2002, unless reviewed and
5 saved from repeal through reenactment by the Legislature.
6 Section 147. Paragraph (c) of subsection (4) of
7 section 491.005, Florida Statutes, is amended to read:
8 491.005 Licensure by examination.--
9 (4) Upon verification of documentation and payment of
10 a fee not to exceed $200, as set by board rule, plus the
11 actual per applicant cost to the department for purchase of
12 the examination from the Professional Examination Service for
13 the National Academy of Certified Clinical Mental Health
14 Counselors or a similar national organization, the department
15 shall issue a license as a mental health counselor to an
16 applicant who the board certifies:
17 (c) Has had not less than 2 years of clinical
18 experience in mental health counseling, which must be at the
19 post-master's level under the supervision of a licensed mental
20 health counselor or the equivalent who is a qualified
21 supervisor as determined by the board. An individual who
22 intends to practice in Florida to satisfy the clinical
23 experience requirements must register pursuant to s. 491.0045
24 prior to commencing practice. If a graduate has a master's
25 degree with a major related to the practice of mental health
26 counseling which did not include all the coursework required
27 under sub-subparagraphs (b)1.a.-c., credit for the
28 post-master's level clinical experience shall not commence
29 until the applicant has completed a minimum of seven of the
30 courses required under sub-subparagraphs (b)1.a.-c., as
31 determined by the board, one of which must be a course in
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1 psychopathology or abnormal psychology. A doctoral internship
2 may be applied toward the clinical experience requirement. The
3 clinical experience requirement may be met by work performed
4 on or off the premises of the supervising mental health
5 counselor or the equivalent, provided the off-premises work is
6 not the independent private practice rendering of services
7 that does not have a licensed mental health professional, as
8 determined by the board, on the premises at the same time the
9 intern is providing services.
10 Section 148. Paragraph (q) of subsection (2) of
11 section 491.009, Florida Statutes, is amended to read:
12 491.009 Discipline.--
13 (2) The following acts of a licensee, provisional
14 licensee, registered intern, certificateholder, or applicant
15 are grounds for which the disciplinary actions listed in
16 subsection (1) may be taken:
17 (q) Violating provisions of this chapter, or of part
18 II of chapter 455, or any rules adopted pursuant thereto.
19 Section 149. Subsection (1) of section 491.015,
20 Florida Statutes, is amended to read:
21 491.015 Duties of the department as to certified
22 master social workers.--
23 (1) All functions reserved to boards under part II of
24 chapter 455 shall be exercised by the department with respect
25 to the regulation of certified master social workers and in a
26 manner consistent with the exercise of its regulatory
27 functions.
28 Section 150. Subsection (2) of section 492.103,
29 Florida Statutes, is amended to read:
30 492.103 Board of Professional Geologists.--
31
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1 (2) All provisions of part I of chapter 455 relating
2 to activities of the board shall apply.
3 Section 151. Paragraph (h) of subsection (1) of
4 section 492.113, Florida Statutes, is amended to read:
5 492.113 Disciplinary proceedings.--
6 (1) The following acts constitute grounds for which
7 the disciplinary actions in subsection (3) may be taken:
8 (h) Violation of part I of chapter 455.
9 Section 152. Section 627.6407, Florida Statutes, is
10 amended to read:
11 627.6407 Massage.--Any policy of health insurance that
12 provides coverage for massage shall also cover the services of
13 persons licensed to practice massage pursuant to chapter 480,
14 where the massage, as defined in chapter 480, has been
15 prescribed by a physician licensed under chapter 458, chapter
16 459, chapter 460, or chapter 461, as being medically necessary
17 and the prescription specifies the number of treatments.
18 Section 153. Section 627.6619, Florida Statutes, is
19 amended to read:
20 627.6619 Massage.--Any policy of health insurance that
21 provides coverage for massage shall also cover the services of
22 persons licensed to practice massage pursuant to chapter 480,
23 where the massage, as defined in chapter 480, has been
24 prescribed by a physician licensed under chapter 458, chapter
25 459, chapter 460, or chapter 461, as being medically necessary
26 and the prescription specifies the number of treatments.
27 Section 154. Subsection (3) of section 627.668,
28 Florida Statutes, is amended to read:
29 627.668 Optional coverage for mental and nervous
30 disorders required; exception.--
31
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1 (3) Insurers must maintain strict confidentiality
2 regarding psychiatric and psychotherapeutic records submitted
3 to an insurer for the purpose of reviewing a claim for
4 benefits payable under this section. These records submitted
5 to an insurer are subject to the limitations of s. 455.667
6 455.241, relating to the furnishing of patient records.
7 Section 155. Paragraph (e) of subsection (2) and
8 subsections (1) and (3) of section 627.912, Florida Statutes,
9 are amended to read:
10 627.912 Professional liability claims and actions;
11 reports by insurers.--
12 (1) Each self-insurer authorized under s. 627.357 and
13 each insurer or joint underwriting association providing
14 professional liability insurance to a practitioner of medicine
15 licensed under chapter 458, to a practitioner of osteopathic
16 medicine licensed under chapter 459, to a podiatric physician
17 podiatrist licensed under chapter 461, to a dentist licensed
18 under chapter 466, to a hospital licensed under chapter 395,
19 to a crisis stabilization unit licensed under part IV of
20 chapter 394, to a health maintenance organization certificated
21 under part I of chapter 641, to clinics included in chapter
22 390, to an ambulatory surgical center as defined in s.
23 395.002, or to a member of The Florida Bar shall report in
24 duplicate to the Department of Insurance any claim or action
25 for damages for personal injuries claimed to have been caused
26 by error, omission, or negligence in the performance of such
27 insured's professional services or based on a claimed
28 performance of professional services without consent, if the
29 claim resulted in:
30 (a) A final judgment in any amount.
31 (b) A settlement in any amount.
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1 (c) A final disposition not resulting in payment on
2 behalf of the insured.
3
4 Reports shall be filed with the department and, if the insured
5 party is licensed under chapter 458, chapter 459, chapter 461,
6 or chapter 466, with the Department of Health Agency for
7 Health Care Administration, no later than 30 days following
8 the occurrence of any event listed in paragraph (a), paragraph
9 (b), or paragraph (c). The Department of Health Agency for
10 Health Care Administration shall review each report and
11 determine whether any of the incidents that resulted in the
12 claim potentially involved conduct by the licensee that is
13 subject to disciplinary action, in which case the provisions
14 of s. 455.621 455.225 shall apply. The Department of Health
15 Agency for Health Care Administration, as part of the annual
16 report required by s. 455.644 455.2285, shall publish annual
17 statistics, without identifying licensees, on the reports it
18 receives, including final action taken on such reports by the
19 Department of Health agency or the appropriate regulatory
20 board.
21 (2) The reports required by subsection (1) shall
22 contain:
23 (e) The name and address of the injured person. This
24 information is confidential and exempt from the provisions of
25 s. 119.07(1), and must not be disclosed by the department
26 without the injured person's consent, except for disclosure by
27 the department to the Department of Health Agency for Health
28 Care Administration. This information may be used by the
29 department for purposes of identifying multiple or duplicate
30 claims arising out of the same occurrence.
31
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1 (3) Upon request by the Department of Health Agency
2 for Health Care Administration, the department shall provide
3 the Department of Health agency with any information received
4 under this section related to persons licensed under chapter
5 458, chapter 459, chapter 461, or chapter 466. For purposes of
6 safety management, the department shall annually provide the
7 Department of Health with copies of the reports in cases
8 resulting in an indemnity being paid to the claimants.
9 Section 156. Section 636.039, Florida Statutes, is
10 amended to read:
11 636.039 Examination by the department.--The department
12 shall examine the affairs, transactions, accounts, business
13 records, and assets of any prepaid limited health service
14 organization, in the same manner and subject to the same terms
15 and conditions that apply to insurers under part II of chapter
16 624, as often as it deems it expedient for the protection of
17 the people of this state, but not less frequently than once
18 every 3 years. In lieu of making its own financial
19 examination, the department may accept an independent
20 certified public accountant's audit report prepared on a
21 statutory accounting basis consistent with this act. However,
22 except when the medical records are requested and copies
23 furnished pursuant to s. 455.667 455.241, medical records of
24 individuals and records of physicians providing service under
25 contract to the prepaid limited health service organization
26 are not subject to audit, but may be subject to subpoena by
27 court order upon a showing of good cause. For the purpose of
28 examinations, the department may administer oaths to and
29 examine the officers and agents of a prepaid limited health
30 service organization concerning its business and affairs. The
31 expenses of examination of each prepaid limited health service
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1 organization by the department are subject to the same terms
2 and conditions as apply to insurers under part II of chapter
3 624. Expenses of all examinations of a prepaid limited health
4 service organization may never exceed a maximum of $20,000 for
5 any 1-year period.
6 Section 157. Subsection (1) of section 641.27, Florida
7 Statutes, is amended to read:
8 641.27 Examination by the department.--
9 (1) The department shall examine the affairs,
10 transactions, accounts, business records, and assets of any
11 health maintenance organization as often as it deems it
12 expedient for the protection of the people of this state, but
13 not less frequently than once every 3 years. In lieu of
14 making its own financial examination, the department may
15 accept an independent certified public accountant's audit
16 report prepared on a statutory accounting basis consistent
17 with this part. However, except when the medical records are
18 requested and copies furnished pursuant to s. 455.667 455.241,
19 medical records of individuals and records of physicians
20 providing service under contract to the health maintenance
21 organization shall not be subject to audit, although they may
22 be subject to subpoena by court order upon a showing of good
23 cause. For the purpose of examinations, the department may
24 administer oaths to and examine the officers and agents of a
25 health maintenance organization concerning its business and
26 affairs. The examination of each health maintenance
27 organization by the department shall be subject to the same
28 terms and conditions as apply to insurers under chapter 624.
29 In no event shall expenses of all examinations exceed a
30 maximum of $20,000 for any 1-year period. Any rehabilitation,
31 liquidation, conservation, or dissolution of a health
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1 maintenance organization shall be conducted under the
2 supervision of the department, which shall have all power with
3 respect thereto granted to it under the laws governing the
4 rehabilitation, liquidation, reorganization, conservation, or
5 dissolution of life insurance companies.
6 Section 158. Paragraph (b) of subsection (2) and
7 subsection (5) of section 641.316, Florida Statutes, are
8 amended to read:
9 641.316 Fiscal intermediary services.--
10 (2)
11 (b) The term "fiscal intermediary services
12 organization" means a person or entity which performs
13 fiduciary or fiscal intermediary services to health care
14 professionals who contract with health maintenance
15 organizations other than a fiscal intermediary services
16 organization owned, operated, or controlled by a hospital
17 licensed under chapter 395, an insurer licensed under chapter
18 624, a third-party administrator licensed under chapter 626, a
19 prepaid limited health organization licensed under chapter
20 636, a health maintenance organization licensed under this
21 chapter, or physician group practices as defined in s.
22 455.654455.236(3)(f).
23 (5) Any fiscal intermediary services organization,
24 other than a fiscal intermediary services organization owned,
25 operated, or controlled by a hospital licensed under chapter
26 395, an insurer licensed under chapter 624, a third-party
27 administrator licensed under chapter 626, a prepaid limited
28 health organization licensed under chapter 636, a health
29 maintenance organization licensed under this chapter, or
30 physician group practices as defined in s.
31 455.654455.236(3)(f), must register with the department and
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1 meet the requirements of this section. In order to register as
2 a fiscal intermediary services organization, the organization
3 must comply with ss. 641.21(1)(c) and (d) and 641.22(6).
4 Should the department determine that the fiscal intermediary
5 services organization does not meet the requirements of this
6 section, the registration shall be denied. In the event that
7 the registrant fails to maintain compliance with the
8 provisions of this section, the department may revoke or
9 suspend the registration. In lieu of revocation or suspension
10 of the registration, the department may levy an administrative
11 penalty in accordance with s. 641.25.
12 Section 159. Paragraphs (b) and (c) of subsection (5)
13 and subsections (6) and (8) of section 641.55, Florida
14 Statutes, are amended to read:
15 641.55 Internal risk management program.--
16 (5)
17 (b) The information reported to the agency under
18 paragraph (a) which relates to providers licensed under
19 chapter 458, chapter 459, chapter 461, or chapter 466 must
20 also be reported to the agency quarterly. The agency shall
21 review the information and determine whether any of the
22 incidents potentially involved conduct by a licensee that is
23 subject to disciplinary action, in which case s. 455.621
24 455.225 applies.
25 (c) Except as otherwise provided in this subsection,
26 any identifying information contained in the annual report and
27 the quarterly reports under paragraphs (a) and (b) is
28 confidential and exempt from s. 119.07(1). This information
29 must not be available to the public as part of the record of
30 investigation for and prosecution in disciplinary proceedings
31 made available to the public by the agency or the appropriate
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1 regulatory board. However, the agency shall make available,
2 upon written request by a practitioner against whom probable
3 cause has been found, any such information contained in the
4 records that form the basis of the determination of probable
5 cause under s. 455.621 455.225.
6 (6) If an adverse or untoward incident, whether
7 occurring in the facilities of the organization or arising
8 from health care prior to enrollment by the organization or
9 admission to the facilities of the organization or in a
10 facility of one of its providers, results in:
11 (a) The death of a patient;
12 (b) Severe brain or spinal damage to a patient;
13 (c) A surgical procedure being performed on the wrong
14 patient; or
15 (d) A surgical procedure unrelated to the patient's
16 diagnosis or medical needs being performed on any patient,
17
18 the organization must report this incident to the agency
19 within 3 working days after its occurrence. A more detailed
20 followup report must be submitted to the agency within 10 days
21 after the first report. The agency may require an additional,
22 final report. Reports under this subsection must be sent
23 immediately by the agency to the appropriate regulatory board
24 whenever they contain references to a provider licensed under
25 chapter 458, chapter 459, chapter 461, or chapter 466. These
26 reports are confidential and are exempt from s. 119.07(1).
27 This information is not available to the public as part of the
28 record of investigation for and prosecution in disciplinary
29 proceedings made available to the public by the agency or the
30 appropriate regulatory board. However, the agency shall make
31 available, upon written request by a practitioner against whom
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1 probable cause has been found, any such information contained
2 in the records that form the basis of the determination of
3 probable cause under s. 455.621 455.225. The agency may
4 investigate, as it deems appropriate, any such incident and
5 prescribe measures that must or may be taken by the
6 organization in response to the incident. The agency shall
7 review each incident and determine whether it potentially
8 involved conduct by the licensee which is subject to
9 disciplinary action, in which case s. 455.621 455.225 applies.
10 (8) The agency and, upon subpoena issued under s.
11 455.611 455.223, the appropriate regulatory board must be
12 given access to all organization records necessary to carry
13 out the provisions of this section. Any identifying
14 information contained in the records obtained under this
15 section is confidential and exempt from s. 119.07(1). The
16 identifying information contained in records obtained under s.
17 455.611 455.223 is exempt from s. 119.07(1) to the extent that
18 it is part of the record of investigation for and prosecution
19 in disciplinary proceedings made available to the public by
20 the agency or the appropriate regulatory board. However, the
21 agency must make available, upon written request by a
22 practitioner against whom probable cause has been found, any
23 such information contained in the records that form the basis
24 of the determination of probable cause under s. 455.621
25 455.225, except that, with respect to medical review committee
26 records, s. 766.101 controls.
27
28 The gross data compiled under this section or s. 395.0197
29 shall be furnished by the agency upon request to organizations
30 to be utilized for risk management purposes. The agency shall
31
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1 adopt rules necessary to carry out the provisions of this
2 section.
3 Section 160. Subsection (2) of section 766.106,
4 Florida Statutes, is amended to read:
5 766.106 Notice before filing action for medical
6 malpractice; presuit screening period; offers for admission of
7 liability and for arbitration; informal discovery; review.--
8 (2) After completion of presuit investigation pursuant
9 to s. 766.203 and prior to filing a claim for medical
10 malpractice, a claimant shall notify each prospective
11 defendant and, if any prospective defendant is a health care
12 provider licensed under chapter 458, chapter 459, chapter 460,
13 chapter 461, or chapter 466, the Department of Health Business
14 and Professional Regulation by certified mail, return receipt
15 requested, of intent to initiate litigation for medical
16 malpractice. Notice to the Department of Health Business and
17 Professional Regulation must include the full name and address
18 of the claimant; the full names and any known addresses of any
19 health care providers licensed under chapter 458, chapter 459,
20 chapter 460, chapter 461, or chapter 466 who are prospective
21 defendants identified at the time; the date and a summary of
22 the occurrence giving rise to the claim; and a description of
23 the injury to the claimant. The requirement for notice to the
24 Department of Health Business and Professional Regulation does
25 not impair the claimant's legal rights or ability to seek
26 relief for his or her claim, and the notice provided to the
27 department is not discoverable or admissible in any civil or
28 administrative action. The Department of Health Business and
29 Professional Regulation shall review each incident and
30 determine whether it involved conduct by a licensee which is
31
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1 potentially subject to disciplinary action, in which case the
2 provisions of s. 455.621 455.225 apply.
3 Section 161. Subsection (4) of section 766.305,
4 Florida Statutes, is amended to read:
5 766.305 Filing of claims and responses; medical
6 disciplinary review.--
7 (4) Upon receipt of such petition, the Division of
8 Medical Quality Assurance shall review the information therein
9 and determine whether it involved conduct by a physician
10 licensed under chapter 458 or an osteopathic physician
11 licensed under chapter 459 that is subject to disciplinary
12 action, in which case the provisions of s. 455.621 455.225
13 shall apply.
14 Section 162. Subsection (2) of section 766.308,
15 Florida Statutes, is amended to read:
16 766.308 Medical advisory panel review and
17 recommendations; procedure.--
18 (2) The Department of Insurance shall develop a plan
19 which provides the method and procedure for such medical
20 advisory panel review and shall develop such plan in
21 coordination with the Division of Medical Quality Assurance of
22 the Department of Health Business and Professional Regulation
23 and the Children's Medical Services Program Office of the
24 Department of Health and Rehabilitative Services.
25 Section 163. Paragraph (b) of subsection (4) of
26 section 766.314, Florida Statutes, is amended to read:
27 766.314 Assessments; plan of operation.--
28 (4) The following persons and entities shall pay into
29 the association an initial assessment in accordance with the
30 plan of operation:
31
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1 (b)1. On or before October 15, 1988, all physicians
2 licensed pursuant to chapter 458 or chapter 459 as of October
3 1, 1988, other than participating physicians, shall be
4 assessed an initial assessment of $250, which must be paid no
5 later than December 1, 1988.
6 2. Any such physician who becomes licensed after
7 September 30, 1988, and before January 1, 1989, shall pay into
8 the association an initial assessment of $250 upon licensure.
9 3. Any such physician who becomes licensed on or after
10 January 1, 1989, shall pay an initial assessment equal to the
11 most recent assessment made pursuant to this paragraph,
12 paragraph (5)(a), or paragraph (7)(b).
13 4. However, if the physician is a physician specified
14 in this subparagraph, the assessment is not applicable:
15 a. A resident physician, assistant resident physician,
16 or intern in an approved postgraduate training program, as
17 defined by the Board of Medicine or the Board of Osteopathic
18 Medicine by rule;
19 b. A retired physician who has withdrawn from the
20 practice of medicine but who maintains an active license as
21 evidenced by an affidavit filed with the Department of Health
22 Business and Professional Regulation. Prior to reentering the
23 practice of medicine in this state, a retired physician as
24 herein defined must notify the Board of Medicine or the Board
25 of Osteopathic Medicine and pay the appropriate assessments
26 pursuant to this section;
27 c. A physician who holds a limited license pursuant to
28 s. 458.317 and who is not being compensated for medical
29 services;
30 d. A physician who is employed full time by the United
31 States Department of Veterans Affairs and whose practice is
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1 confined to United States Department of Veterans Affairs
2 hospitals; or
3 e. A physician who is a member of the Armed Forces of
4 the United States and who meets the requirements of s. 455.507
5 455.02.
6 f. A physician who is employed full time by the State
7 of Florida and whose practice is confined to state-owned
8 correctional institutions, a county health department, or
9 state-owned mental health or developmental services
10 facilities, or who is employed full time by the Department of
11 Health.
12 Section 164. Paragraph (b) of subsection (3) of
13 section 817.505, Florida Statutes, is amended to read:
14 817.505 Patient brokering prohibited; exceptions;
15 penalties.--
16 (3) This section shall not apply to:
17 (b) Any payment, compensation, or financial
18 arrangement within a group practice as defined in s. 455.654
19 455.236, provided such payment, compensation, or arrangement
20 is not to or from persons who are not members of the group
21 practice.
22 Section 165. Subsection (7) of section 865.09, Florida
23 Statutes, is amended to read:
24 865.09 Fictitious name registration.--
25 (7) EXEMPTIONS.--A business formed by an attorney
26 licensed to practice law in this state, or by a person
27 licensed by the Department of Business and Professional
28 Regulation or the Department of Health, for the purpose of
29 practicing his or her licensed profession need not be
30 registered under this section, notwithstanding that it
31
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1 transacts business ancillary to the practice of such
2 profession.
3 Section 166. Section 937.031, Florida Statutes, is
4 amended to read:
5 937.031 Dental records of missing persons; access and
6 use.--When a person has been reported missing and has not been
7 located within 30 days after such report, the law enforcement
8 agency conducting the investigation of the missing person
9 shall request the family or next of kin to provide written
10 consent to contact the dentist of the missing person and
11 request that person's dental records. Notwithstanding the
12 provisions of s. 455.667 455.241, a dentist, upon receipt of
13 proof of written consent, shall release a copy of the dental
14 records of the missing person to the law enforcement agency
15 requesting such records, providing or encoding the dental
16 records in a form requested by the Department of Law
17 Enforcement. The law enforcement agency shall then enter the
18 dental records into the criminal justice information system
19 for the purpose of comparing such records to those of
20 unidentified deceased persons.
21 Section 167. Paragraph (hh) of subsection (4) of
22 section 215.20, Florida Statutes, is amended to read:
23 215.20 Certain income and certain trust funds to
24 contribute to the General Revenue Fund.--
25 (4) The income of a revenue nature deposited in the
26 following described trust funds, by whatever name designated,
27 is that from which the deductions authorized by subsection (3)
28 shall be made:
29 (hh) The Health Care Trust Fund established pursuant
30 to s. 408.16 455.2205.
31
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1 The enumeration of the foregoing moneys or trust funds shall
2 not prohibit the applicability thereto of s. 215.24 should the
3 Governor determine that for the reasons mentioned in s. 215.24
4 the money or trust funds should be exempt herefrom, as it is
5 the purpose of this law to exempt income from its force and
6 effect when, by the operation of this law, federal matching
7 funds or contributions or private grants to any trust fund
8 would be lost to the state.
9 Section 168. Subsection (3) of section 391.208,
10 Florida Statutes, is amended to read:
11 391.208 Administrative fines; disposition of fees and
12 fines.--
13 (3) Fees and fines received by the agency under this
14 part shall be deposited in the Health Care Trust Fund created
15 in s. 408.16 455.2205.
16 Section 169. Section 391.217, Florida Statutes, is
17 amended to read:
18 391.217 Disposition of moneys from fines and
19 fees.--All moneys received from administrative fines pursuant
20 to s. 391.208 and all moneys received from fees collected
21 pursuant to s. 391.205 shall be deposited in the Health Care
22 Trust Fund created in s. 408.16 455.2205.
23 Section 170. Section 400.5575, Florida Statutes, is
24 amended to read:
25 400.5575 Disposition of fees and administrative
26 fines.--Fees and fines received by the agency under this part
27 shall be deposited in the Health Care Trust Fund established
28 pursuant to s. 408.16 455.2205. These funds may be used to
29 offset the costs of the licensure program, including the costs
30 of conducting background investigations, verifying information
31 submitted, and processing applications.
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1 Section 171. Subsection (2) of section 408.20, Florida
2 Statutes, is amended to read:
3 408.20 Assessments; Health Care Trust Fund.--
4 (2) All moneys collected are to be deposited into the
5 Health Care Trust Fund created pursuant to s. 408.16 455.2205.
6 The Health Care Trust Fund shall be subject to the service
7 charge imposed pursuant to chapter 215.
8 Section 172. Paragraph (b) of subsection (5) of
9 section 641.60, Florida Statutes, is amended to read:
10 641.60 Statewide Managed Care Ombudsman Committee.--
11 (5)
12 (b) Travel expenses for the statewide committee shall
13 be funded from the Health Maintenance Organization Quality
14 Care Trust Fund, created by s. 408.16 641.57. The statewide
15 committee may solicit grants, gifts, donations, bequests, or
16 other payments including money, property, or services from any
17 governmental or public entity or private entity or person to
18 fund other expenses of the committee and the district
19 committees. Any such moneys received shall be deposited into
20 a trust fund administered by the agency.
21 Section 173. Paragraph (a) of subsection (36) of
22 section 39.01, Florida Statutes, is amended to read:
23 39.01 Definitions.--When used in this chapter:
24 (36) "Neglect" occurs when the parent or legal
25 custodian of a child or, in the absence of a parent or legal
26 custodian, the person primarily responsible for the child's
27 welfare deprives a child of, or allows a child to be deprived
28 of, necessary food, clothing, shelter, or medical treatment or
29 permits a child to live in an environment when such
30 deprivation or environment causes the child's physical,
31 mental, or emotional health to be significantly impaired or to
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1 be in danger of being significantly impaired. The foregoing
2 circumstances shall not be considered neglect if caused
3 primarily by financial inability unless actual services for
4 relief have been offered to and rejected by such person. A
5 parent or guardian legitimately practicing religious beliefs
6 in accordance with a recognized church or religious
7 organization who thereby does not provide specific medical
8 treatment for a child shall not, for that reason alone, be
9 considered a negligent parent or guardian; however, such an
10 exception does not preclude a court from ordering the
11 following services to be provided, when the health of the
12 child so requires:
13 (a) Medical services from a licensed physician,
14 dentist, optometrist, podiatric physician podiatrist, or other
15 qualified health care provider; or
16 Section 174. Paragraph (a) of subsection (1) of
17 section 320.0848, Florida Statutes, is amended to read:
18 320.0848 Persons who have disabilities; issuance of
19 disabled parking permits; temporary permits; permits for
20 certain providers of transportation services to persons who
21 have disabilities.--
22 (1)(a) The Department of Highway Safety and Motor
23 Vehicles or its authorized agents shall, upon application and
24 receipt of the fee, issue a disabled parking permit for a
25 period of up to 4 years that ends on the applicant's birthday
26 to any person who has long-term mobility problems, or a
27 temporary disabled parking permit not to exceed 1 year to any
28 person who has temporary mobility problems. The person must
29 be currently certified by a physician licensed under chapter
30 458, chapter 459, or chapter 460, or by a podiatric physician
31 podiatrist licensed under chapter 461, by the Division of
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1 Blind Services of the Department of Labor and Employment
2 Security, or by the Adjudication Office of the United States
3 Department of Veterans Affairs or its predecessor as being
4 legally blind or as having any of the following disabilities
5 that limit or impair his or her ability to walk:
6 1. Inability to walk 200 feet without stopping to
7 rest.
8 2. Inability to walk without the use of or assistance
9 from a brace, cane, crutch, prosthetic device, or other
10 assistive device, or without the assistance of another person.
11 If the assistive device significantly restores the person's
12 ability to walk to the extent that the person can walk without
13 severe limitation, the person is not eligible for the
14 exemption parking permit.
15 3. The need to permanently use a wheelchair.
16 4. Restriction by lung disease to the extent that the
17 person's forced (respiratory) expiratory volume for 1 second,
18 when measured by spirometry, is less than 1 liter, or the
19 person's arterial oxygen is less than 60 mm/hg on room air at
20 rest.
21 5. Use of portable oxygen.
22 6. Restriction by cardiac condition to the extent that
23 the person's functional limitations are classified in severity
24 as Class III or Class IV according to standards set by the
25 American Heart Association.
26 7. Severe limitation in the person's ability to walk
27 due to an arthritic, neurological, or orthopedic condition.
28 Section 175. Subsection (1) of section 322.125,
29 Florida Statutes, is amended to read:
30 322.125 Medical Advisory Board.--
31
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1 (1) There shall be a Medical Advisory Board composed
2 of not fewer than 12 or more than 25 members, at least one of
3 whom must be 60 years of age or older and all but one of whose
4 medical and other specialties must relate to driving
5 abilities, which number must include a doctor of medicine who
6 is employed by the Department of Highway Safety and Motor
7 Vehicles in Tallahassee, who shall serve as administrative
8 officer for the board. The executive director of the
9 Department of Highway Safety and Motor Vehicles shall
10 recommend persons to serve as board members. Every member but
11 two must be a doctor of medicine licensed to practice medicine
12 in this or any other state and must be a member in good
13 standing of the Florida Medical Association or the Florida
14 Osteopathic Association. One member must be an optometrist
15 licensed to practice optometry in this state and must be a
16 member in good standing of the Florida Optometric Association.
17 One member must be a chiropractic physician chiropractor
18 licensed to practice chiropractic medicine in this state.
19 Members shall be approved by the Cabinet and shall serve
20 4-year staggered terms. The board membership must, to the
21 maximum extent possible, consist of equal representation of
22 the disciplines of the medical community treating the mental
23 or physical disabilities that could affect the safe operation
24 of motor vehicles.
25 Section 176. Subsection (1) of section 381.0031,
26 Florida Statutes, is amended to read:
27 381.0031 Report of diseases of public health
28 significance to department.--
29 (1) Any practitioner, licensed in Florida to practice
30 medicine, osteopathic medicine, chiropractic medicine,
31 naturopathy, or veterinary medicine, who diagnoses or suspects
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1 the existence of a disease of public health significance shall
2 immediately report the fact to the Department of Health.
3 Section 177. Paragraph (b) of subsection (2) of
4 section 381.026, Florida Statutes, is amended to read:
5 381.026 Florida Patient's Bill of Rights and
6 Responsibilities.--
7 (2) DEFINITIONS.--As used in this section, the term:
8 (b) "Health care provider" means a physician licensed
9 under chapter 458, an osteopathic physician licensed under
10 chapter 459, or a podiatric physician podiatrist licensed
11 under chapter 461.
12 Section 178. Section 381.0261, Florida Statutes, is
13 amended to read:
14 381.0261 Distribution of summary.--The Department of
15 Health and Rehabilitative Services shall have printed and made
16 continuously available to health care facilities licensed
17 under chapter 395, physicians licensed under chapter 458,
18 osteopathic physicians licensed under chapter 459, and
19 podiatric physicians podiatrists licensed under chapter 461 a
20 summary of the Florida Patient's Bill of Rights and
21 Responsibilities. In adopting and making public the summary
22 of the Florida Patient's Bill of Rights and Responsibilities,
23 health care providers and health care facilities are not
24 limited to the format in which the Department of Health and
25 Rehabilitative Services prints and distributes the summary.
26 Section 179. Paragraph (b) of subsection (2) and
27 subsection (5) of section 381.0302, Florida Statutes, are
28 amended to read:
29 381.0302 Florida Health Services Corps.--
30 (2) As used in this section, the term:
31
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1 (b) "Florida Health Services Corps" means a program
2 authorized by this section which:
3 1. Offers scholarships to allopathic, osteopathic,
4 chiropractic, podiatric, dental, physician assistant, and
5 nursing students, and loan repayment assistance and travel and
6 relocation expenses to allopathic and osteopathic residents
7 and physicians, chiropractic physicians chiropractors,
8 podiatric physicians podiatrists, nurse practitioners,
9 dentists, and physician assistants, in return for service in a
10 public health care program or in a medically underserved area.
11 2. Offers membership on a voluntary basis to
12 physicians and other health care personnel who provide
13 uncompensated care.
14 (5) The department may award scholarships to students
15 studying medicine, osteopathic medicine, chiropractic
16 medicine, podiatric medicine, nursing, or dentistry.
17 (a) The program shall require a student who receives a
18 scholarship to accept an assignment in a public health care
19 program or work in a specific community located in a medically
20 underserved area upon completion of primary care training.
21 The department shall determine assignments. If a practitioner
22 is assigned to a medically underserved area, the practitioner
23 must treat Medicaid patients and other patients with low
24 incomes.
25 (b) An eligible student must be pursuing a full-time
26 course of study in:
27 1. Allopathic or osteopathic medicine, including
28 physician assistants;
29 2. Dentistry;
30 3. Podiatric medicine;
31
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1 4. Nursing, including registered nurses, nurse
2 midwives, and other nurse practitioners; or
3 5. Chiropractic medicine.
4 (c) In selecting students to participate in the
5 scholarship program, priority shall be given to students who
6 indicate a desire to practice a primary care specialty in a
7 medically underserved area after their obligation is completed
8 and who indicate an intent to practice medical specialties for
9 which the department has a need.
10 (d) Scholarship assistance shall consist of
11 reimbursement for tuition and other educational costs such as
12 books, supplies, equipment, transportation, and monthly living
13 expense stipends. The department shall pay the same amount for
14 living expense stipends as is paid by the National Health
15 Services Corps. Each monthly living expense stipend shall be
16 for a 12-month period beginning with the first month of each
17 school year in which the student is a participant. The
18 department may reimburse a participant for books, supplies,
19 and equipment based on average costs incurred by participants
20 for these items. The department shall prescribe, by rule,
21 eligible expenses for reimbursement and allowable amounts.
22 (e) For an allopathic or osteopathic medical student,
23 enrollment in the corps may begin in the second year of
24 medical school or in any year thereafter. For a nursing
25 student or other student, enrollment may occur in any year.
26 (f) For a student who receives scholarship assistance,
27 participation in the corps after completion of training shall
28 be 1 year for each school year of scholarship assistance, up
29 to a maximum of 3 years. The period of obligated service
30 shall begin when the participant is assigned by the department
31 to a public health program or to a medically underserved area.
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1 Section 180. Subsection (11) of section 382.002,
2 Florida Statutes, is amended to read:
3 382.002 Definitions.--As used in this chapter, the
4 term:
5 (11) "Physician" means a person authorized to practice
6 medicine, osteopathic medicine, or chiropractic medicine
7 pursuant to chapter 458, chapter 459, or chapter 460.
8 Section 181. Subsection (1) of section 395.0191,
9 Florida Statutes, is amended to read:
10 395.0191 Staff membership and clinical privileges.--
11 (1) No licensed facility, in considering and acting
12 upon an application for staff membership or clinical
13 privileges, shall deny the application of a qualified doctor
14 of medicine licensed under chapter 458, a doctor of
15 osteopathic medicine licensed under chapter 459, a doctor of
16 dentistry licensed under chapter 466, a doctor of podiatric
17 medicine podiatry licensed under chapter 461, or a
18 psychologist licensed under chapter 490 for such staff
19 membership or clinical privileges within the scope of his or
20 her respective licensure solely because the applicant is
21 licensed under any of such chapters.
22 Section 182. Section 395.0195, Florida Statutes, is
23 amended to read:
24 395.0195 Access of chiropractic physicians
25 chiropractors to diagnostic reports.--Each hospital shall set
26 standards and procedures which provide for reasonable access
27 by licensed chiropractic physicians chiropractors to the
28 reports of diagnostic X rays and laboratory tests of licensed
29 facilities, subject to the same standards and procedures as
30 other licensed physicians. However, this section does not
31
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1 require a licensed facility to grant staff privileges to a
2 chiropractic physician chiropractor.
3 Section 183. Paragraph (g) of subsection (3) of
4 section 395.1041, Florida Statutes, is amended to read:
5 395.1041 Access to emergency services and care.--
6 (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
7 FACILITY OR HEALTH CARE PERSONNEL.--
8 (g) Neither the hospital nor its employees, nor any
9 physician, dentist, or podiatric physician podiatrist shall be
10 liable in any action arising out of a refusal to render
11 emergency services or care if the refusal is made after
12 screening, examining, and evaluating the patient, and is based
13 on the determination, exercising reasonable care, that the
14 person is not suffering from an emergency medical condition or
15 a determination, exercising reasonable care, that the hospital
16 does not have the service capability or is at service capacity
17 to render those services.
18 Section 184. Subsection (6) of section 395.301,
19 Florida Statutes, is amended to read:
20 395.301 Itemized patient bill; form and content
21 prescribed by the agency.--
22 (6) No physician, dentist, podiatric physician
23 podiatrist, or licensed facility may add to the price charged
24 by any third party except for a service or handling charge
25 representing a cost actually incurred as an item of expense;
26 however, the physician, dentist, podiatric physician
27 podiatrist, or licensed facility is entitled to fair
28 compensation for all professional services rendered. The
29 amount of the service or handling charge, if any, shall be set
30 forth clearly in the bill to the patient.
31
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1 Section 185. Paragraph (b) of subsection (5) of
2 section 404.22, Florida Statutes, is amended to read:
3 404.22 Radiation machines and components;
4 inspection.--
5 (5)
6 (b) The fee schedule and frequency of inspections
7 shall be determined as follows:
8 1. Radiation machines which are used in the practice
9 of medicine, chiropractic medicine, osteopathic medicine, or
10 naturopathic medicine shall be inspected at least once every 2
11 years, but not more than annually, for an annual fee which is
12 not less than $83 or more than $145 for the first radiation
13 machine within an office or facility and not less than $36 or
14 more than $85 for each additional radiation machine therein.
15 2. Radiation machines which are used in the practice
16 of veterinary medicine shall be inspected at least once every
17 3 years for an annual fee which is not less than $28 or more
18 than $50 for the first radiation machine within an office or
19 facility and not less than $19 or more than $34 for each
20 additional radiation machine therein.
21 3. Radiation machines which are used for educational
22 or industrial purposes shall be inspected at least once every
23 3 years for an annual fee which is not less than $26 or more
24 than $47 for the first radiation machine within an office or
25 facility and not less than $12 or more than $23 for each
26 additional radiation machine therein.
27 4. Radiation machines which are used in the practice
28 of dentistry or podiatric medicine podiatry shall be inspected
29 at least once every 5 years but not more often than once every
30 4 years for an annual fee which is not less than $16 or more
31 than $31 for the first radiation machine within an office or
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1 facility and not less than $5 or more than $11 for each
2 additional radiation machine therein.
3 5. Radiation machines which accelerate particles and
4 are used in the healing arts shall be inspected at least
5 annually for an annual fee which is not less than $153 or more
6 than $258 for the first radiation machine within an office or
7 facility and not less than $87 or more than $148 for each
8 additional radiation machine therein.
9 6. Radiation machines which accelerate particles and
10 are used for educational or industrial purposes shall be
11 inspected at least once every 2 years for an annual fee which
12 is not less than $46 or more than $81 for the first radiation
13 machine within an office or facility and not less than $26 or
14 more than $48 for each additional radiation machine therein.
15 7. If a radiation machine fails to meet the applicable
16 standards upon initial inspection, the department may
17 reinspect the radiation machine and charge a reinspection fee
18 in accordance with the same schedule of fees as in
19 subparagraphs 1. through 6.
20 Section 186. Subsection (18) of section 409.906,
21 Florida Statutes, is amended to read:
22 409.906 Optional Medicaid services.--Subject to
23 specific appropriations, the agency may make payments for
24 services which are optional to the state under Title XIX of
25 the Social Security Act and are furnished by Medicaid
26 providers to recipients who are determined to be eligible on
27 the dates on which the services were provided. Any optional
28 service that is provided shall be provided only when medically
29 necessary and in accordance with state and federal law.
30 Nothing in this section shall be construed to prevent or limit
31 the agency from adjusting fees, reimbursement rates, lengths
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1 of stay, number of visits, or number of services, or making
2 any other adjustments necessary to comply with the
3 availability of moneys and any limitations or directions
4 provided for in the General Appropriations Act or chapter 216.
5 Optional services may include:
6 (18) PODIATRIC SERVICES.--The agency may pay for
7 services, including diagnosis and medical, surgical,
8 palliative, and mechanical treatment, related to ailments of
9 the human foot and lower leg, if provided to a recipient by a
10 podiatric physician podiatrist licensed under state law.
11 Section 187. Paragraph (a) of subsection (1) of
12 section 415.1034, Florida Statutes, is amended to read:
13 415.1034 Mandatory reporting of abuse, neglect, or
14 exploitation of disabled adults or elderly persons; mandatory
15 reports of death.--
16 (1) MANDATORY REPORTING.--
17 (a) Any person, including, but not limited to, any:
18 1. Physician, osteopathic physician, medical examiner,
19 chiropractic physician chiropractor, nurse, or hospital
20 personnel engaged in the admission, examination, care, or
21 treatment of disabled adults or elderly persons;
22 2. Health professional or mental health professional
23 other than one listed in subparagraph 1.;
24 3. Practitioner who relies solely on spiritual means
25 for healing;
26 4. Nursing home staff; assisted living facility staff;
27 adult day care center staff; adult family-care home staff;
28 social worker; or other professional adult care, residential,
29 or institutional staff;
30 5. State, county, or municipal criminal justice
31 employee or law enforcement officer;
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1 6. Human rights advocacy committee or long-term care
2 ombudsman council member; or
3 7. Bank, savings and loan, or credit union officer,
4 trustee, or employee,
5
6 who knows, or has reasonable cause to suspect, that a disabled
7 adult or an elderly person has been or is being abused,
8 neglected, or exploited shall immediately report such
9 knowledge or suspicion to the central abuse registry and
10 tracking system on the single statewide toll-free telephone
11 number.
12 Section 188. Subsection (14) of section 415.503,
13 Florida Statutes, is amended to read:
14 415.503 Definitions of terms used in ss.
15 415.502-415.514.--As used in ss. 415.502-415.514:
16 (14) "Physician" means any licensed physician,
17 dentist, podiatric physician podiatrist, or optometrist and
18 includes any intern or resident.
19 Section 189. Paragraph (a) of subsection (1) of
20 section 415.504, Florida Statutes, is amended to read:
21 415.504 Mandatory reports of child abuse or neglect;
22 mandatory reports of death; central abuse hotline.--
23 (1) Any person, including, but not limited to, any:
24 (a) Physician, osteopathic physician, medical
25 examiner, chiropractic physician chiropractor, nurse, or
26 hospital personnel engaged in the admission, examination,
27 care, or treatment of persons;
28
29 who knows, or has reasonable cause to suspect, that a child is
30 an abused, abandoned, or neglected child shall report such
31
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1 knowledge or suspicion to the department in the manner
2 prescribed in subsection (2).
3 Section 190. Subsection (2) of section 440.106,
4 Florida Statutes, is amended to read:
5 440.106 Civil remedies; administrative penalties.--
6 (2) Whenever a physician, osteopathic physician,
7 chiropractic physician chiropractor, podiatric physician
8 podiatrist, or other practitioner is determined to have
9 violated s. 440.105, the Board of Medicine as set forth in
10 chapter 458, the Board of Osteopathic Medicine as set forth in
11 chapter 459, the Board of Chiropractic Medicine as set forth
12 in chapter 460, the Board of Podiatric Medicine as set forth
13 in chapter 461, or other appropriate licensing authority,
14 shall hold an administrative hearing to consider the
15 imposition of administrative sanctions as provided by law
16 against said physician, osteopathic physician, chiropractic
17 physician chiropractor, or other practitioner.
18 Section 191. Paragraph (r) of subsection (1) of
19 section 440.13, Florida Statutes, is amended to read:
20 440.13 Medical services and supplies; penalty for
21 violations; limitations.--
22 (1) DEFINITIONS.--As used in this section, the term:
23 (r) "Physician" or "doctor" means a physician licensed
24 under chapter 458, an osteopathic physician licensed under
25 chapter 459, a chiropractic physician chiropractor licensed
26 under chapter 460, a podiatric physician podiatrist licensed
27 under chapter 461, an optometrist licensed under chapter 463,
28 or a dentist licensed under chapter 466, each of whom must be
29 certified by the division as a health care provider.
30 Section 192. Paragraph (k) of subsection (1) of
31 section 440.134, Florida Statutes, is amended to read:
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1 440.134 Workers' compensation managed care
2 arrangement.--
3 (1) As used in this section, the term:
4 (k) "Primary care provider" means, except in the case
5 of emergency treatment, the initial treating physician and,
6 when appropriate, continuing treating physician, who may be a
7 family practitioner, general practitioner, or internist
8 physician licensed under chapter 458; a family practitioner,
9 general practitioner, or internist osteopathic physician
10 licensed under chapter 459; a chiropractic physician
11 chiropractor licensed under chapter 460; a podiatric physician
12 podiatrist licensed under chapter 461; an optometrist licensed
13 under chapter 463; or a dentist licensed under chapter 466.
14 Section 193. Paragraph (a) of subsection (3) of
15 section 440.15, Florida Statutes, is amended to read:
16 440.15 Compensation for disability.--Compensation for
17 disability shall be paid to the employee, subject to the
18 limits provided in s. 440.12(2), as follows:
19 (3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
20 (a) Impairment benefits.--
21 1. Once the employee has reached the date of maximum
22 medical improvement, impairment benefits are due and payable
23 within 20 days after the carrier has knowledge of the
24 impairment.
25 2. The three-member panel, in cooperation with the
26 division, shall establish and use a uniform permanent
27 impairment rating schedule. This schedule must be based on
28 medically or scientifically demonstrable findings as well as
29 the systems and criteria set forth in the American Medical
30 Association's Guides to the Evaluation of Permanent
31 Impairment; the Snellen Charts, published by American Medical
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1 Association Committee for Eye Injuries; and the Minnesota
2 Department of Labor and Industry Disability Schedules. The
3 schedule should be based upon objective findings. The schedule
4 shall be more comprehensive than the AMA Guides to the
5 Evaluation of Permanent Impairment and shall expand the areas
6 already addressed and address additional areas not currently
7 contained in the guides. On August 1, 1979, and pending the
8 adoption, by rule, of a permanent schedule, Guides to the
9 Evaluation of Permanent Impairment, copyright 1977, 1971,
10 1988, by the American Medical Association, shall be the
11 temporary schedule and shall be used for the purposes hereof.
12 For injuries after July 1, 1990, pending the adoption by
13 division rule of a uniform disability rating schedule, the
14 Minnesota Department of Labor and Industry Disability Schedule
15 shall be used unless that schedule does not address an injury.
16 In such case, the Guides to the Evaluation of Permanent
17 Impairment by the American Medical Association shall be used.
18 Determination of permanent impairment under this schedule must
19 be made by a physician licensed under chapter 458, a doctor of
20 osteopathic medicine licensed under chapters 458 and 459, a
21 chiropractic physician chiropractor licensed under chapter
22 460, a podiatric physician podiatrist licensed under chapter
23 461, an optometrist licensed under chapter 463, or a dentist
24 licensed under chapter 466, as appropriate considering the
25 nature of the injury. No other persons are authorized to
26 render opinions regarding the existence of or the extent of
27 permanent impairment.
28 3. All impairment income benefits shall be based on an
29 impairment rating using the impairment schedule referred to in
30 subparagraph 2. Impairment income benefits are paid weekly at
31 the rate of 50 percent of the employee's average weekly
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1 temporary total disability benefit not to exceed the maximum
2 weekly benefit under s. 440.12. An employee's entitlement to
3 impairment income benefits begins the day after the employee
4 reaches maximum medical improvement or the expiration of
5 temporary benefits, whichever occurs earlier, and continues
6 until the earlier of:
7 a. The expiration of a period computed at the rate of
8 3 weeks for each percentage point of impairment; or
9 b. The death of the employee.
10 4. After the employee has been certified by a doctor
11 as having reached maximum medical improvement or 6 weeks
12 before the expiration of temporary benefits, whichever occurs
13 earlier, the certifying doctor shall evaluate the condition of
14 the employee and assign an impairment rating, using the
15 impairment schedule referred to in subparagraph 2.
16 Compensation is not payable for the mental, psychological, or
17 emotional injury arising out of depression from being out of
18 work. If the certification and evaluation are performed by a
19 doctor other than the employee's treating doctor, the
20 certification and evaluation must be submitted to the treating
21 doctor, and the treating doctor must indicate agreement or
22 disagreement with the certification and evaluation. The
23 certifying doctor shall issue a written report to the
24 division, the employee, and the carrier certifying that
25 maximum medical improvement has been reached, stating the
26 impairment rating, and providing any other information
27 required by the division. If the employee has not been
28 certified as having reached maximum medical improvement before
29 the expiration of 102 weeks after the date temporary total
30 disability benefits begin to accrue, the carrier shall notify
31 the treating doctor of the requirements of this section.
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1 5. The carrier shall pay the employee impairment
2 income benefits for a period based on the impairment rating.
3 Section 194. Paragraph (a) of subsection (3) of
4 section 455.654, Florida Statutes, is amended to read:
5 455.654 Financial arrangements between referring
6 health care providers and providers of health care services.--
7 (3) DEFINITIONS.--For the purpose of this section, the
8 word, phrase, or term:
9 (a) "Board" means any of the following boards relating
10 to the respective professions: the Board of Medicine as
11 created in s. 458.307; the Board of Osteopathic Medicine as
12 created in s. 459.004; the Board of Chiropractic Medicine as
13 created in s. 460.404; the Board of Podiatric Medicine as
14 created in s. 461.004; the Board of Optometry as created in s.
15 463.003; the Board of Pharmacy as created in s. 465.004; and
16 the Board of Dentistry as created in s. 466.004.
17 Section 195. Section 455.684, Florida Statutes, is
18 amended to read:
19 455.684 Chiropractic and podiatric health care; denial
20 of payment; limitation.--A chiropractic physician licensed
21 under chapter 460 or a podiatric physician podiatrist licensed
22 under chapter 461 shall not be denied payment for treatment
23 rendered solely on the basis that the chiropractic physician
24 chiropractor or podiatric physician podiatrist is not a member
25 of a particular preferred provider organization or exclusive
26 provider organization which is composed only of physicians
27 licensed under the same chapter.
28 Section 196. Paragraph (a) of subsection (1) of
29 section 455.691, Florida Statutes, is amended to read:
30 455.691 Treatment of Medicare beneficiaries; refusal,
31 emergencies, consulting physicians.--
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1 (1) Effective as of January 1, 1993, as used in this
2 section, the term:
3 (a) "Physician" means a physician licensed under
4 chapter 458, an osteopathic physician licensed under chapter
5 459, a chiropractic physician chiropractor licensed under
6 chapter 460, a podiatric physician podiatrist licensed under
7 chapter 461, or an optometrist licensed under chapter 463.
8 Section 197. Subsection (1) of section 455.694,
9 Florida Statutes, is amended to read:
10 455.694 Boards regulating certain health care
11 practitioners.--
12 (1) As a prerequisite for licensure or license
13 renewal, the Board of Acupuncture, the Board of Chiropractic
14 Medicine, the Board of Podiatric Medicine, and the Board of
15 Dentistry shall, by rule, require that all health care
16 practitioners licensed under the respective board, and the
17 Board of Nursing shall, by rule, require that advanced
18 registered nurse practitioners certified under s. 464.012,
19 maintain medical malpractice insurance or provide proof of
20 financial responsibility in an amount and in a manner
21 determined by the board to be sufficient to cover claims
22 arising out of the rendering of or failure to render
23 professional care and services in this state.
24 Section 198. Subsection (1) of section 455.697,
25 Florida Statutes, is amended to read:
26 455.697 Health care practitioners; reports on
27 professional liability claims and actions.--
28 (1) Any practitioner of medicine licensed pursuant to
29 the provisions of chapter 458, practitioner of osteopathic
30 medicine licensed pursuant to the provisions of chapter 459,
31 podiatric physician podiatrist licensed pursuant to the
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1 provisions of chapter 461, or dentist licensed pursuant to the
2 provisions of chapter 466 shall report to the department any
3 claim or action for damages for personal injury alleged to
4 have been caused by error, omission, or negligence in the
5 performance of such licensee's professional services or based
6 on a claimed performance of professional services without
7 consent if the claim was not covered by an insurer required to
8 report under s. 627.912 and the claim resulted in:
9 (a) A final judgment in any amount.
10 (b) A settlement in any amount.
11 (c) A final disposition not resulting in payment on
12 behalf of the licensee.
13
14 Reports shall be filed with the department no later than 60
15 days following the occurrence of any event listed in paragraph
16 (a), paragraph (b), or paragraph (c).
17 Section 199. Subsection (2) of section 455.698,
18 Florida Statutes, is amended to read:
19 455.698 Reports of professional liability actions;
20 bankruptcies; Department of Health's responsibility to
21 provide.--
22 (2) Any information in the possession of the
23 Department of Health which relates to a bankruptcy proceeding
24 by a practitioner of medicine licensed under chapter 458, a
25 practitioner of osteopathic medicine licensed under chapter
26 459, a podiatric physician podiatrist licensed under chapter
27 461, or a dentist licensed under chapter 466 is public
28 information. The Department of Health shall, upon request,
29 make such information available to any person.
30 Section 200. Subsection (2) of section 456.31, Florida
31 Statutes, is amended to read:
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1 456.31 Legislative intent.--
2 (2) It is the intent of the Legislature to provide for
3 certain practitioners of the healing arts, such as a trained
4 and qualified dentist, to use hypnosis for hypnoanesthesia or
5 for the allaying of anxiety in relation to dental work;
6 however, under no circumstances shall it be legal or proper
7 for the dentist or the individual to whom the dentist may
8 refer the patient, to use hypnosis for the treatment of the
9 neurotic difficulties of a patient. The same applies to the
10 optometrist, podiatric physician podiatrist, chiropractic
11 physician chiropractor, osteopathic physician, or physician of
12 medicine.
13 Section 201. Subsections (2) and (3) of section
14 456.32, Florida Statutes, are amended to read:
15 456.32 Definitions.--In construing this chapter, the
16 words, phrases, or terms, unless the context otherwise
17 indicates, shall have the following meanings:
18 (2) "Healing arts" shall mean the practice of
19 medicine, surgery, psychiatry, dentistry, osteopathic
20 medicine, chiropractic medicine, naturopathy, podiatric
21 medicine podiatry, chiropody, psychology, clinical social
22 work, marriage and family therapy, mental health counseling,
23 and optometry.
24 (3) "Practitioner of the healing arts" shall mean a
25 person licensed under the laws of the state to practice
26 medicine, surgery, psychiatry, dentistry, osteopathic
27 medicine, chiropractic medicine, naturopathy, podiatric
28 medicine podiatry, chiropody, psychology, clinical social
29 work, marriage and family therapy, mental health counseling,
30 or optometry within the scope of his or her professional
31 training and competence and within the purview of the statutes
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1 applicable to his or her respective profession, and who may
2 refer a patient for treatment by a qualified person, who shall
3 employ hypnotic techniques under the supervision, direction,
4 prescription, and responsibility of such referring
5 practitioner.
6 Section 202. The catchline of section 459.002, Florida
7 Statutes, is amended to read:
8 459.002 Chapter not applicable to practice of
9 medicine, surgery, chiropractic medicine, etc.--
10 Section 203. Chapter 460, Florida Statutes, entitled
11 "Chiropractic," is retitled "Chiropractic Medicine."
12 Section 204. Subsections (2) and (4) and paragraphs
13 (a) and (e) of subsection (8) of section 460.403, Florida
14 Statutes, are amended to read:
15 460.403 Definitions.--As used in this chapter, the
16 term:
17 (2) "Board" means the Board of Chiropractic Medicine.
18 (4) "Chiropractic physician" means any person licensed
19 to practice chiropractic medicine pursuant to this chapter.
20 (8)(a) "Practice of chiropractic medicine" means a
21 noncombative principle and practice consisting of the science,
22 philosophy, and art of the adjustment, manipulation, and
23 treatment of the human body in which vertebral subluxations
24 and other malpositioned articulations and structures that are
25 interfering with the normal generation, transmission, and
26 expression of nerve impulse between the brain, organs, and
27 tissue cells of the body, thereby causing disease, are
28 adjusted, manipulated, or treated, thus restoring the normal
29 flow of nerve impulse which produces normal function and
30 consequent health by chiropractic physicians using specific
31 chiropractic adjustment or manipulation techniques taught in
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1 chiropractic colleges accredited by the Council on
2 Chiropractic Education. No person other than a licensed
3 chiropractic physician may render chiropractic services,
4 chiropractic adjustments, or chiropractic manipulations.
5 (e) The term "chiropractic medicine," "chiropractic,"
6 "doctor of chiropractic," or "chiropractor" shall be
7 synonymous with "chiropractic physician," and each term shall
8 be construed to mean a practitioner of chiropractic medicine
9 as the same has been defined herein. Chiropractic physicians
10 may analyze and diagnose the physical conditions of the human
11 body to determine the abnormal functions of the human organism
12 and to determine such functions as are abnormally expressed
13 and the cause of such abnormal expression.
14 Section 205. Section 460.404, Florida Statutes, is
15 amended to read:
16 460.404 Board of Chiropractic Medicine; membership;
17 appointment; terms.--
18 (1) The Board of Chiropractic Medicine is created
19 within the department and shall consist of seven members to be
20 appointed by the Governor and confirmed by the Senate.
21 (2) Five members of the board must be licensed
22 chiropractic physicians who are residents of the state and who
23 have been licensed chiropractic physicians engaged in the
24 practice of chiropractic medicine for at least 4 years. The
25 remaining two members must be residents of the state who are
26 not, and have never been, licensed as chiropractic physicians
27 or members of any closely related profession. At least one
28 member of the board must be 60 years of age or older.
29 (3) As the terms of the members expire, the Governor
30 shall appoint successors for terms of 4 years, and such
31 members shall serve until their successors are appointed.
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1 (4) All provisions of part II of chapter 455 relating
2 to the board shall apply.
3 Section 206. Section 460.405, Florida Statutes, is
4 amended to read:
5 460.405 Authority to make rules.--The Board of
6 Chiropractic Medicine is authorized to make such rules not
7 inconsistent with law as are necessary to carry out the duties
8 and authority conferred upon the board by this chapter.
9 Section 207. Paragraphs (c) and (e) of subsection (1)
10 and subsection (3) of section 460.406, Florida Statutes, are
11 amended to read:
12 460.406 Licensure by examination.--
13 (1) Any person desiring to be licensed as a
14 chiropractic physician shall apply to the department to take
15 the licensure examination. There shall be an application fee
16 set by the board not to exceed $100 which shall be
17 nonrefundable. There shall also be an examination fee not to
18 exceed $500 plus the actual per applicant cost to the
19 department for purchase of portions of the examination from
20 the National Board of Chiropractic Examiners or a similar
21 national organization, which may be refundable if the
22 applicant is found ineligible to take the examination. The
23 department shall examine each applicant who the board
24 certifies has:
25 (c) Submitted proof satisfactory to the department
26 that he or she is a graduate of a chiropractic college which
27 is accredited by or has status with the Council on
28 Chiropractic Education or its predecessor agency. However, any
29 applicant who is a graduate of a chiropractic college that was
30 initially accredited by the Council on Chiropractic Education
31 in 1995, who graduated from such college within the 4 years
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1 immediately preceding such accreditation, and who is otherwise
2 qualified shall be eligible to take the examination. No
3 application for a license to practice chiropractic medicine
4 shall be denied solely because the applicant is a graduate of
5 a chiropractic college that subscribes to one philosophy of
6 chiropractic medicine as distinguished from another.
7 (e) Completed not less than a 3-month training program
8 in this state of not less than 300 hours with a chiropractic
9 physician licensed in this state. The chiropractic physician
10 candidate may perform all services offered by the licensed
11 chiropractic physician, but must be under the supervision of
12 the licensed chiropractic physician until the results of the
13 first licensure examination for which the candidate has
14 qualified have been received, at which time the candidate's
15 training program shall be terminated. However, an applicant
16 who has practiced chiropractic medicine in any other state,
17 territory, or jurisdiction of the United States or any foreign
18 national jurisdiction for at least 5 years as a licensed
19 chiropractic physician need not be required to complete the
20 3-month training program as a requirement for licensure.
21 (3) An applicant for the licensure examination may
22 elect not to take the certification examination to use
23 acupuncture. The department shall, in addition to the
24 licensing exam, offer an examination for certification to use
25 acupuncture. An applicant may elect to take the certification
26 examination at the time of taking the licensure examination.
27 Passage of the certification examination shall not grant any
28 applicant the right to practice chiropractic medicine absent
29 the passage of the licensing examination.
30 Section 208. Paragraph (b) of subsection (1) of
31 section 460.408, Florida Statutes, is amended to read:
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1 460.408 Continuing chiropractic education.--
2 (1) The board shall require licensees to periodically
3 demonstrate their professional competence as a condition of
4 renewal of a license by completing up to 40 hours of
5 continuing education.
6 (b) The board shall approve those courses that build
7 upon the basic courses required for the practice of
8 chiropractic medicine, and the board may also approve courses
9 in adjunctive modalities.
10 Section 209. Subsection (1) and paragraph (c) of
11 subsection (2) of section 460.411, Florida Statutes, are
12 amended to read:
13 460.411 Violations and penalties.--
14 (1) Each of the following acts constitutes a violation
15 of this chapter and is a felony of the third degree,
16 punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084:
18 (a) Practicing or attempting to practice chiropractic
19 medicine without an active license or with a license
20 fraudulently obtained.
21 (b) Using or attempting to use a license to practice
22 chiropractic medicine which has been suspended or revoked.
23 (2) Each of the following acts constitutes a violation
24 of this chapter and is a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083:
26 (c) Using the name or title "chiropractic physician,"
27 "doctor of chiropractic," "chiropractic medicine," or any
28 other name or title which would lead the public to believe
29 that such person is engaging in the practice of chiropractic
30 medicine, unless such person is licensed as a chiropractic
31 physician in this state.
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1 Section 210. Section 460.412, Florida Statutes, is
2 amended to read:
3 460.412 Sexual misconduct in the practice of
4 chiropractic medicine.--The chiropractic physician-patient
5 relationship is founded on mutual trust. Sexual misconduct in
6 the practice of chiropractic medicine means violation of the
7 chiropractic physician-patient relationship through which the
8 chiropractic physician uses said relationship to induce or
9 attempt to induce the patient to engage, or to engage or
10 attempt to engage the patient, in sexual activity outside the
11 scope of practice or the scope of generally accepted
12 examination or treatment of the patient. Sexual misconduct in
13 the practice of chiropractic medicine is prohibited.
14 Section 211. Paragraphs (a), (b), (c), (h), (k), (m),
15 (q), (r), and (s) of subsection (1) and subsection (3) of
16 section 460.413, Florida Statutes, are amended to read:
17 460.413 Grounds for disciplinary action; action by the
18 board.--
19 (1) The following acts shall constitute grounds for
20 which the disciplinary actions specified in subsection (2) may
21 be taken:
22 (a) Attempting to obtain, obtaining, or renewing a
23 license to practice chiropractic medicine by bribery, by
24 fraudulent misrepresentations, or through an error of the
25 department or the board.
26 (b) Having a license to practice chiropractic medicine
27 revoked, suspended, or otherwise acted against, including the
28 denial of licensure, by the licensing authority of another
29 state, territory, or country.
30 (c) Being convicted or found guilty, regardless of
31 adjudication, of a crime in any jurisdiction which directly
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1 relates to the practice of chiropractic medicine or to the
2 ability to practice chiropractic medicine. Any plea of nolo
3 contendere shall be considered a conviction for purposes of
4 this chapter.
5 (h) Aiding, assisting, procuring, or advising any
6 unlicensed person to practice chiropractic medicine contrary
7 to this chapter or to a rule of the department or the board.
8 (k) Making misleading, deceptive, untrue, or
9 fraudulent representations in the practice of chiropractic
10 medicine or employing a trick or scheme in the practice of
11 chiropractic medicine when such trick or scheme fails to
12 conform to the generally prevailing standards of treatment in
13 the chiropractic medical community.
14 (m) Failing to keep legibly written chiropractic
15 medical records that identify clearly by name and credentials
16 the licensed chiropractic physician rendering, ordering,
17 supervising, or billing for each examination or treatment
18 procedure and that justify the course of treatment of the
19 patient, including, but not limited to, patient histories,
20 examination results, test results, X rays, and diagnosis of a
21 disease, condition, or injury. X rays need not be retained
22 for more than 4 years.
23 (q) Being unable to practice chiropractic medicine
24 with reasonable skill and safety to patients by reason of
25 illness or use of alcohol, drugs, narcotics, chemicals, or any
26 other type of material or as a result of any mental or
27 physical condition. In enforcing this paragraph, upon a
28 finding by the secretary of the department, or his or her
29 designee, or the probable cause panel of the board that
30 probable cause exists to believe that the licensee is unable
31 to practice the profession because of reasons stated in this
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1 paragraph, the department shall have the authority to compel a
2 licensee to submit to a mental or physical examination by a
3 physician designated by the department. If the licensee
4 refuses to comply with the department's order, the department
5 may file a petition for enforcement in the circuit court of
6 the circuit in which the licensee resides or does business.
7 The department shall be entitled to the summary procedure
8 provided in s. 51.011. The record of proceedings to obtain a
9 compelled mental or physical examination shall not be used
10 against a licensee in any other proceedings. A chiropractic
11 physician affected under this paragraph shall at reasonable
12 intervals be afforded an opportunity to demonstrate that she
13 or he can resume the competent practice of chiropractic
14 medicine with reasonable skill and safety to patients.
15 (r) Gross or repeated malpractice or the failure to
16 practice chiropractic medicine at a level of care, skill, and
17 treatment which is recognized by a reasonably prudent
18 chiropractic physician as being acceptable under similar
19 conditions and circumstances. The board shall give great
20 weight to the standards for malpractice in s. 766.102 in
21 interpreting this provision. A recommended order by an
22 administrative law judge, or a final order of the board
23 finding a violation under this section shall specify whether
24 the licensee was found to have committed "gross malpractice,"
25 "repeated malpractice," or "failure to practice chiropractic
26 medicine with that level of care, skill, and treatment which
27 is recognized as being acceptable under similar conditions and
28 circumstances" or any combination thereof, and any publication
29 by the board shall so specify.
30 (s) Performing any procedure or prescribing any
31 therapy which, by the prevailing standards of chiropractic
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1 medical practice in the community, would constitute
2 experimentation on human subjects, without first obtaining
3 full, informed, and written consent.
4 (3) The department shall not reinstate the license of
5 a chiropractic physician, or cause a license to be issued to a
6 person the board has deemed unqualified, until such time as
7 the board is satisfied that she or he has complied with all
8 the terms and conditions set forth in the final order and that
9 such person is capable of safely engaging in the practice of
10 chiropractic medicine.
11 Section 212. Subsection (1) of section 460.4166,
12 Florida Statutes, is amended to read:
13 460.4166 Registered chiropractic assistants.--
14 (1) DEFINITION.--As used in this section, "registered
15 chiropractic assistant" means a professional, multiskilled
16 person dedicated to assisting in all aspects of chiropractic
17 medical practice under the direct supervision and
18 responsibility of a chiropractic physician. A registered
19 chiropractic assistant assists with patient care management,
20 executes administrative and clinical procedures, and often
21 performs managerial and supervisory functions. Competence in
22 the field also requires that a registered chiropractic
23 assistant adhere to ethical and legal standards of
24 professional practice, recognize and respond to emergencies,
25 and demonstrate professional characteristics.
26 Section 213. Chapter 461, Florida Statutes, entitled
27 "Podiatry," is retitled "Podiatric Medicine."
28 Section 214. Section 461.001, Florida Statutes, is
29 amended to read:
30 461.001 Legislative findings; intent; scope.--The
31 Legislature finds that the practice of podiatric medicine by
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1 unskilled and incompetent practitioners presents a danger to
2 the public health and safety. The Legislature finds further
3 that it is difficult for the public to make an informed choice
4 about podiatric physicians podiatrists and that the
5 consequences of a wrong choice could seriously endanger their
6 health and safety. The sole legislative purpose for enacting
7 this chapter is to ensure that every podiatric physician
8 podiatrist practicing in this state meet minimum requirements
9 for safe practice. It is the legislative intent that
10 podiatric physicians podiatrists who fall below minimum
11 competency or who otherwise present a danger to the public
12 health be prohibited from practicing in this state.
13 Section 215. Subsection (3) of section 461.002,
14 Florida Statutes, is amended to read:
15 461.002 Exceptions.--
16 (3) This chapter shall not apply to the practice of
17 podiatric medicine by graduate podiatric physicians
18 podiatrists in the United States Army, Air Force, Marines,
19 Navy, Public Health Service, Coast Guard, or United States
20 Department of Veterans Affairs in the discharge of their
21 official duties.
22 Section 216. Subsections (3) and (4) of section
23 461.003, Florida Statutes, are amended to read:
24 461.003 Definitions.--As used in this chapter:
25 (3) "Practice of podiatric medicine" means the
26 diagnosis or medical, surgical, palliative, and mechanical
27 treatment of ailments of the human foot and leg. The surgical
28 treatment of ailments of the human foot and leg shall be
29 limited anatomically to that part below the anterior tibial
30 tubercle. The practice of podiatric medicine shall include
31 the amputation of the toes or other parts of the foot but
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1 shall not include the amputation of the foot or leg in its
2 entirety. A podiatric physician podiatrist may prescribe
3 drugs that relate specifically to the scope of practice
4 authorized herein.
5 (4) "Podiatric physician Podiatrist" means any person
6 licensed to practice podiatric medicine pursuant to this
7 chapter.
8 Section 217. Subsections (2) and (4) of section
9 461.004, Florida Statutes, are amended to read:
10 461.004 Board of Podiatric Medicine; membership;
11 appointment; terms.--
12 (2) Five members of the board must be licensed
13 podiatric physicians podiatrists who are residents of the
14 state and who have been licensed podiatric physicians
15 podiatrists engaged in the practice of podiatric medicine for
16 at least 4 years. The remaining two members must be residents
17 of the state who are not, and have never been, licensed as
18 podiatric physicians podiatrists or members of any closely
19 related profession. At least one member of the board must be
20 60 years of age or older.
21 (4) All provisions of part II of chapter 455 relating
22 to the board shall apply. However, notwithstanding the
23 requirement of s. 455.621455.225(4) that the board provide by
24 rule for the determination of probable cause by a panel
25 composed of its members or by the department, the board may
26 provide by rule that its probable cause panel may be composed
27 of one current member of the board and one past member of the
28 board, as long as the past member is a licensed podiatric
29 physician podiatrist in good standing. The past board member
30 must be appointed to the panel by the chair of the board with
31 the approval of the secretary for a maximum of 2 years.
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1 Section 218. Subsection (1) of section 461.006,
2 Florida Statutes, is amended to read:
3 461.006 Licensure by examination.--
4 (1) Any person desiring to be licensed as a podiatric
5 physician podiatrist shall apply to the department to take the
6 licensure examination. The department shall examine each
7 applicant who the board certifies:
8 (a) Has completed the application form and remitted a
9 nonrefundable application fee set by the board not to exceed
10 $100 and an examination fee set by the board not to exceed
11 $350.
12 (b) Is at least 18 years of age.
13 (c) Has received a degree from a school or college of
14 podiatric medicine or chiropody recognized and approved by the
15 Council on Podiatry Education of the American Podiatric
16 Medical Association. For applicants who matriculated prior to
17 1953, the course of study shall have been at least 3 years.
18 For applicants who matriculated during or subsequent to 1953,
19 the course of study shall be at least 4 years or the total
20 hourly equivalent of a 4-year course of study.
21 (d) Beginning October 1, 1995, has satisfactorily
22 completed one of the following clinical experience
23 requirements:
24 1. One year of residency in a residency program
25 approved by the board.
26 2. Ten years of continuous, active licensed practice
27 of podiatric medicine in another state immediately preceding
28 the submission of the application and completion of at least
29 the same continuing educational requirements during those 10
30 years as are required of podiatric physicians podiatrists
31 licensed in this state.
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1 (e) Has submitted to the department a set of
2 fingerprints on a form and under procedures specified by the
3 department, along with payment in an amount equal to the costs
4 incurred by the Department of Health for the criminal
5 background check of the applicant.
6 Section 219. Section 461.009, Florida Statutes, is
7 amended to read:
8 461.009 Itemized patient billing.--Whenever a
9 podiatric physician podiatrist licensed under this chapter
10 renders professional services to a patient, the podiatric
11 physician podiatrist is required, upon request, to submit to
12 the patient, to the patient's insurer, or to the
13 administrative agency for any federal or state health program
14 under which the patient is entitled to benefits, an itemized
15 statement of the specific services rendered and the charge for
16 each, no later than the podiatric physician's podiatrist's
17 next regular billing cycle which follows the fifth day after
18 rendering of professional services. A podiatric physician
19 podiatrist may not condition the furnishing of an itemized
20 statement upon prior payment of the bill.
21 Section 220. Paragraphs (a) and (c) of subsection (2)
22 of section 461.012, Florida Statutes, are amended to read:
23 461.012 Violations and penalties.--
24 (2) Each of the following acts constitutes a violation
25 of this chapter and is a misdemeanor of the first degree,
26 punishable as provided in s. 775.082 or s. 775.083:
27 (a) Selling or fraudulently obtaining or furnishing
28 any podiatric medicine podiatry diploma, license, or record of
29 registration or aiding or abetting in the same.
30 (c) Using the name or title "Podiatric Physician,"
31 "Podiatrist," "Doctor of Podiatry," or "Doctor of Podiatric
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1 Medicine" or using the phrase "foot clinic," "foot doctor,"
2 "quiropedista," or any other name, title, or phrase which
3 would lead the public to believe that such person is engaging
4 in the practice of podiatric medicine unless such person is
5 licensed as a podiatric physician podiatrist in this state.
6 Section 221. Paragraphs (h), (i), (o), (p), (r), (s),
7 (w), and (aa) of subsection (1), paragraph (f) of subsection
8 (2), and subsections (3), (5), and (6) of section 461.013,
9 Florida Statutes, are amended to read:
10 461.013 Grounds for disciplinary action; action by the
11 board; investigations by department.--
12 (1) The following acts shall constitute grounds for
13 which the disciplinary actions specified in subsection (2) may
14 be taken:
15 (h) Failing to perform any statutory or legal
16 obligation placed upon a licensed podiatric physician
17 podiatrist.
18 (i) Making or filing a report which the licensee knows
19 to be false, intentionally or negligently failing to file a
20 report or record required by state or federal law, willfully
21 impeding or obstructing such filing or inducing another person
22 to do so. Such report or records shall include only those
23 which are signed in the capacity of a licensed podiatric
24 physician podiatrist.
25 (o) Prescribing, dispensing, administering, mixing, or
26 otherwise preparing a legend drug, including all controlled
27 substances, other than in the course of the podiatric
28 physician's podiatrist's professional practice. For the
29 purposes of this paragraph, it shall be legally presumed that
30 prescribing, dispensing, administering, mixing, or otherwise
31 preparing legend drugs, including all controlled substances,
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1 inappropriately or in excessive or inappropriate quantities is
2 not in the best interest of the patient and is not in the
3 course of the podiatric physician's podiatrist's professional
4 practice, without regard to her or his intent.
5 (p) Prescribing, dispensing, or administering any
6 medicinal drug appearing on any schedule set forth in chapter
7 893 by the podiatric physician podiatrist to herself or
8 himself except those prescribed, dispensed, or administered to
9 the podiatric physician podiatrist by another practitioner
10 authorized to prescribe, dispense, or administer them.
11 (r) Being unable to practice podiatric medicine with
12 reasonable skill and safety to patients by reason of illness
13 or use of alcohol, drugs, narcotics, chemicals, or any other
14 type of material or as a result of any mental or physical
15 condition. In enforcing this paragraph the department shall,
16 upon probable cause, have authority to compel a podiatric
17 physician podiatrist to submit to a mental or physical
18 examination by physicians designated by the department.
19 Failure of a podiatric physician podiatrist to submit to such
20 examination when directed shall constitute an admission of the
21 allegations against her or him, unless the failure was due to
22 circumstances beyond her or his control, consequent upon which
23 a default and final order may be entered without the taking of
24 testimony or presentation of evidence. A podiatric physician
25 podiatrist affected under this paragraph shall at reasonable
26 intervals be afforded an opportunity to demonstrate that she
27 or he can resume the competent practice of podiatric medicine
28 with reasonable skill and safety to patients.
29 (s) Gross or repeated malpractice or the failure to
30 practice podiatric medicine at a level of care, skill, and
31 treatment which is recognized by a reasonably prudent
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1 podiatric physician podiatrist as being acceptable under
2 similar conditions and circumstances. The board shall give
3 great weight to the standards for malpractice in s. 766.102 in
4 interpreting this section. As used in this paragraph,
5 "repeated malpractice" includes, but is not limited to, three
6 or more claims for medical malpractice within the previous
7 5-year period resulting in indemnities being paid in excess of
8 $10,000 each to the claimant in a judgment or settlement and
9 which incidents involved negligent conduct by the podiatric
10 physicians podiatrists. As used in this paragraph, "gross
11 malpractice" or "the failure to practice podiatric medicine
12 podiatry with the level of care, skill, and treatment which is
13 recognized by a reasonably prudent similar podiatric physician
14 podiatrist as being acceptable under similar conditions and
15 circumstances" shall not be construed so as to require more
16 than one instance, event, or act.
17 (w) Violating any provision of this chapter or part II
18 of chapter 455, any rule of the board or department, or a
19 lawful order of the board or department previously entered in
20 a disciplinary hearing or failing to comply with a lawfully
21 issued subpoena of the board or department.
22 (aa) Failing to report to the department any licensee
23 under chapter 458 or chapter 459 who the podiatric physician
24 podiatrist knows has violated the grounds for disciplinary
25 action set out in the law under which that person is licensed
26 and who provides health care services in a facility licensed
27 under chapter 395, or a health maintenance organization
28 certificated under part I of chapter 641, in which the
29 podiatric physician podiatrist also provides services.
30
31
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1 (2) When the board finds any person guilty of any of
2 the grounds set forth in subsection (1), it may enter an order
3 imposing one or more of the following penalties:
4 (f) Placing the podiatric physician podiatrist on
5 probation for a period of time and subject to such conditions
6 as the board may specify, including requiring the podiatric
7 physician podiatrist to submit to treatment, to attend
8 continuing education courses, to submit to reexamination, and
9 to work under the supervision of another podiatric physician
10 podiatrist.
11 (3) The department shall not reinstate the license of
12 a podiatric physician podiatrist, or cause a license to be
13 issued to a person the board has deemed unqualified, until
14 such time as the board is satisfied that she or he has
15 complied with all the terms and conditions set forth in the
16 final order and that such person is capable of safely engaging
17 in the practice of podiatric medicine.
18 (5)(a) Upon the department's receipt from an insurer
19 or self-insurer of a report of a closed claim against a
20 podiatric physician podiatrist pursuant to s. 627.912, or upon
21 the receipt from a claimant of a presuit notice against a
22 podiatric physician podiatrist pursuant to s. 766.106, the
23 department shall review each report and determine whether it
24 potentially involved conduct by a licensee that is subject to
25 disciplinary action, in which case the provisions of s.
26 455.621 455.225 shall apply. However, if it is reported that a
27 podiatric physician podiatrist has had three or more claims
28 with indemnities exceeding $25,000 each within the previous
29 5-year period, the department shall investigate the
30 occurrences upon which the claims were based and determine if
31
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1 action by the department against the podiatric physician
2 podiatrist is warranted.
3 (b) Upon the department's receipt from the Department
4 of Health and Rehabilitative Services pursuant to s. 395.0197
5 of the name of the podiatric physician podiatrist whose
6 conduct may constitute grounds for disciplinary action by the
7 department, the department shall investigate the occurrences
8 upon which the report was based and determine if action by the
9 department against the podiatric physician podiatrist is
10 warranted.
11 (6) When an investigation of a podiatric physician
12 podiatrist is undertaken, the department shall promptly
13 furnish to the podiatric physician podiatrist or her or his
14 attorney a copy of the complaint or document which resulted in
15 the initiation of the investigation. The podiatric physician
16 podiatrist may submit a written response to the information
17 contained in such complaint or document within 45 days after
18 service to the podiatric physician podiatrist of the complaint
19 or document. The podiatric physician's podiatrist's written
20 response shall be considered by the probable cause panel.
21 Section 222. Section 461.0134, Florida Statutes, is
22 amended to read:
23 461.0134 Prescription or administration of dimethyl
24 sulfoxide (DMSO); written release and information
25 requirements.--
26 (1) A podiatric physician No podiatrist licensed under
27 this chapter may not shall be subject to disciplinary action
28 by the board for prescribing or administering dimethyl
29 sulfoxide (DMSO) to a patient under the podiatric physician's
30 podiatrist's care who has requested the substance as long as
31
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1 the podiatric physician podiatrist complies with the
2 requirements of this section.
3 (2) The patient, after being fully informed as to
4 alternative methods of treatment and their potential for cure
5 and upon request for the administration of dimethyl sulfoxide
6 (DMSO) by the patient's podiatric physician podiatrist, shall
7 sign a written release, releasing the podiatric physician
8 podiatrist and, when applicable, the hospital or health
9 facility from any liability therefor.
10 (3) The podiatric physician podiatrist shall inform
11 the patient in writing if dimethyl sulfoxide (DMSO) has not
12 been approved as a treatment or cure by the Food and Drug
13 Administration of the United States Department of Health and
14 Human Services for the disorder for which it is being
15 prescribed.
16 Section 223. Subsection (2) of section 461.014,
17 Florida Statutes, is amended to read:
18 461.014 Residency.--The board shall encourage and
19 develop podiatric residency programs in hospitals in this
20 state and shall establish such programs by the promulgation of
21 rules, subject to the following conditions:
22 (2) A residency program may be established only at a
23 hospital where a duly licensed podiatric physician podiatrist
24 is on the hospital staff or is otherwise in a supervisory
25 position.
26 Section 224. Subsection (2) of section 461.015,
27 Florida Statutes, is amended to read:
28 461.015 Saving clauses.--
29 (2) Each podiatric physician podiatrist who is duly
30 licensed on June 30, 1979, shall be entitled to hold such
31
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1 license. Henceforth, such license shall be renewed in
2 accordance with the provisions of this act.
3 Section 225. Section 461.018, Florida Statutes, is
4 amended to read:
5 461.018 Limited scope of practice; area of
6 need.--Those persons holding valid certificates on October 1,
7 1991, who were certified pursuant to chapters 88-205 and
8 88-392, Laws of Florida, and who have been practicing under a
9 board-approved protocol for at least 2 years are eligible to
10 receive a podiatric medicine podiatry license to practice
11 without supervision under their present limited scope of
12 practice of the nonsurgical treatment of corns, calluses, and
13 ingrown toenails in a specially designated area of need as
14 provided by rule of the board.
15 Section 226. Subsection (1) of section 462.01, Florida
16 Statutes, is amended to read:
17 462.01 Definitions.--As used in this chapter:
18 (1) "Natureopathy" and "Naturopathy" shall be
19 construed as synonymous terms and mean the use and practice of
20 psychological, mechanical, and material health sciences to aid
21 in purifying, cleansing, and normalizing human tissues for the
22 preservation or restoration of health, according to the
23 fundamental principles of anatomy, physiology, and applied
24 psychology, as may be required. Naturopathic practice
25 employs, among other agencies, phytotherapy, dietetics,
26 psychotherapy, suggestotherapy, hydrotherapy, zone therapy,
27 biochemistry, external applications, electrotherapy,
28 mechanotherapy, mechanical and electrical appliances, hygiene,
29 first aid, sanitation, and heliotherapy; provided, however,
30 that nothing in this chapter shall be held or construed to
31 authorize any naturopathic physician licensed hereunder to
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1 practice materia medica or surgery or chiropractic medicine,
2 nor shall the provisions of this law in any manner apply to or
3 affect the practice of osteopathic medicine, chiropractic
4 medicine, Christian Science, or any other treatment authorized
5 and provided for by law for the cure or prevention of disease
6 and ailments.
7 Section 227. Paragraph (b) of subsection (3) of
8 section 464.003, Florida Statutes, is amended to read:
9 464.003 Definitions.--As used in this chapter:
10 (3)
11 (b) "Practice of practical nursing" means the
12 performance of selected acts, including the administration of
13 treatments and medications, in the care of the ill, injured,
14 or infirm and the promotion of wellness, maintenance of
15 health, and prevention of illness of others under the
16 direction of a registered nurse, a licensed physician, a
17 licensed osteopathic physician, a licensed podiatric physician
18 podiatrist, or a licensed dentist.
19
20 The professional nurse and the practical nurse shall be
21 responsible and accountable for making decisions that are
22 based upon the individual's educational preparation and
23 experience in nursing.
24 Section 228. Subsections (2), (6), (8), and (10) of
25 section 468.301, Florida Statutes, are amended to read:
26 468.301 Definitions.--As used in this part, the term:
27 (2) "Basic X-ray machine operator-podiatric medicine
28 operator-podiatry" means a person who is employed by and under
29 the direct supervision of a licensed podiatric physician
30 podiatrist to perform only those radiographic functions that
31 are within the scope of practice of a podiatric physician
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1 podiatrist licensed pursuant to chapter 461, specifically
2 excluding nuclear medicine and radiation therapy procedures.
3 (6) "Direct supervision" means supervision and control
4 by a licensed practitioner who assumes legal liability for the
5 services rendered by the basic X-ray machine operator or basic
6 X-ray machine operator-podiatric medicine operator-podiatry,
7 which supervision requires the physical presence of the
8 licensed practitioner for consultation and direction of the
9 actions of the basic X-ray machine operator or basic X-ray
10 machine operator-podiatric medicine operator-podiatry.
11 (8) "General radiographer" means a person who is
12 employed and certificated in radiography, other than a basic
13 X-ray machine operator or basic X-ray machine
14 operator-podiatric medicine operator-podiatry.
15 (10) "Licensed practitioner" means a person who is
16 licensed or otherwise authorized by law to practice medicine,
17 podiatric medicine podiatry, chiropody, osteopathic medicine,
18 naturopathy, or chiropractic medicine in this state.
19 Section 229. Paragraph (b) of subsection (2),
20 paragraphs (b) and (c) of subsection (3), and paragraph (a) of
21 subsection (6) of section 468.302, Florida Statutes, are
22 amended to read:
23 468.302 Use of radiation; identification of certified
24 persons; limitations; exceptions.--
25 (2)
26 (b) A person holding a certificate as a basic X-ray
27 machine operator-podiatric medicine operator-podiatry may use
28 the title "Basic X-ray Machine Operator-Podiatric Medicine
29 Operator-Podiatry."
30
31
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1 No other person is entitled to so use a title or letters
2 contained in this subsection or to hold himself or herself out
3 in any way, whether orally or in writing, expressly or by
4 implication, as being so certified.
5 (3)
6 (b) A basic X-ray machine operator or basic X-ray
7 machine operator-podiatric medicine operator-podiatry may not
8 practice radiologic technology in walk-in emergency centers,
9 freestanding breast clinics, freestanding cancer clinics,
10 state mental hospitals, state correctional institutions, or in
11 any facility regulated under chapter 390, chapter 392, chapter
12 393, chapter 394, or chapter 641. For a facility licensed
13 under chapter 395, a basic X-ray machine operator may only
14 perform the procedures specified in paragraph (a) in a
15 hospital with a capacity of 150 beds or less. If such a
16 hospital has or acquires radiographic or fluoroscopic
17 equipment other than general diagnostic radiographic and
18 general fluoroscopic equipment, that hospital shall keep a
19 record documenting which personnel performed each radiographic
20 or fluoroscopic procedure. For purposes of this paragraph, a
21 walk-in emergency center shall not include a
22 physician-operated walk-in clinic which operates with or
23 without appointments and with extended hours and which does
24 not hold itself out to the public as an emergency center.
25 (c) A person holding a certificate as a basic X-ray
26 machine operator-podiatric medicine operator-podiatry may
27 perform only podiatric radiographic procedures under the
28 direct supervision and control of a licensed podiatric
29 physician podiatrist.
30 (6) Requirement for certification does not apply to:
31
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1 (a) A hospital resident who is not a licensed
2 practitioner in this state or a student enrolled in and
3 attending a school or college of medicine, osteopathic
4 medicine, chiropody, podiatric medicine podiatry, or
5 chiropractic medicine or a radiologic technology educational
6 program and who applies radiation to a human being while under
7 the direct supervision of a licensed practitioner.
8 Section 230. Paragraph (b) of subsection (4) of
9 section 468.304, Florida Statutes, is amended to read:
10 468.304 Certification examination; admission.--The
11 department shall admit to examination for certification any
12 applicant who pays to the department a nonrefundable fee not
13 to exceed $100 and submits satisfactory evidence, verified by
14 oath or affirmation, that she or he:
15 (4)
16 (b)1. With respect to an applicant for a basic X-ray
17 machine operator's certificate, has completed a course of
18 study approved by the department with appropriate study
19 material provided the applicant by the department;
20 2. With respect to an applicant for a basic X-ray
21 machine operator-podiatric medicine operator-podiatry
22 certificate, has completed a course of study approved by the
23 department, provided that such course of study shall be
24 limited to that information necessary to perform radiographic
25 procedures within the scope of practice of a podiatric
26 physician podiatrist licensed pursuant to chapter 461;
27 3. With respect only to an applicant for a general
28 radiographer's certificate who is a basic X-ray machine
29 operator certificateholder, has completed an educational
30 program or a 2-year training program that takes into account
31 the types of procedures and level of supervision usually and
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1 customarily practiced in a hospital, which educational or
2 training program complies with the rules of the department; or
3 4. With respect only to an applicant for a nuclear
4 medicine technologist's certificate who is a general
5 radiographer certificateholder, has completed an educational
6 program or a 2-year training program that takes into account
7 the types of procedures and level of supervision usually and
8 customarily practiced in a hospital, which educational or
9 training program complies with the rules of the department.
10
11 No application for a limited computed tomography certificate
12 shall be accepted. All persons holding valid computed
13 tomography certificates as of October 1, 1984, are subject to
14 the provisions of s. 468.309.
15 Section 231. Paragraph (a) of subsection (2) of
16 section 468.307, Florida Statutes, is amended to read:
17 468.307 Certificate; issuance; possession; display.--
18 (2)(a) The department may, at its discretion, issue a
19 temporary certificate to:
20 1. An applicant who has completed an educational
21 program and is awaiting examination for a certificate
22 specified in s. 468.302(2)(b), (c), (e), or (f), if the
23 applicant has met all other requirements established pursuant
24 to s. 468.304.
25 2. A basic X-ray machine operator, if such person is
26 under the direct supervision of a licensed practitioner and
27 the licensed practitioner has not requested issuance of a
28 temporary certificate within the previous 18 months, upon
29 application by a licensed practitioner who is practicing in an
30 office of five of fewer licensed practitioners.
31
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1 3. A basic X-ray machine operator-podiatric medicine
2 operator-podiatry, if such person is under the direct
3 supervision of a licensed podiatric physician podiatrist and
4 the licensed podiatric physician podiatrist has not requested
5 issuance of a temporary certificate within the previous 18
6 months, upon application by a licensed podiatric physician
7 podiatrist who is practicing in an office of five or fewer
8 licensed podiatric physicians podiatrists.
9 Section 232. Paragraphs (j) and (k) of subsection (2)
10 of section 468.314, Florida Statutes, are amended to read:
11 468.314 Advisory Council on Radiation Protection;
12 appointment; terms; powers; duties.--
13 (2) The council shall be comprised of:
14 (j) A board-certified chiropractic radiologist.
15 (k) A board-certified podiatric physician podiatrist.
16 Section 233. Subsection (1) of section 476.044,
17 Florida Statutes, is amended to read:
18 476.044 Exemptions.--This chapter does not apply to
19 the following persons when practicing pursuant to their
20 professional responsibilities and duties:
21 (1) Persons authorized under the laws of this state to
22 practice medicine, surgery, osteopathic medicine, chiropractic
23 medicine, naturopathy, or podiatric medicine podiatry;
24 Section 234. Paragraph (a) of subsection (1) of
25 section 477.0135, Florida Statutes, is amended to read:
26 477.0135 Exemptions.--
27 (1) This chapter does not apply to the following
28 persons when practicing pursuant to their professional or
29 occupational responsibilities and duties:
30 (a) Persons authorized under the laws of this state to
31 practice medicine, surgery, osteopathic medicine, chiropractic
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1 medicine, massage, naturopathy, or podiatric medicine
2 podiatry.
3 Section 235. Paragraph (i) of subsection (3),
4 paragraph (a) of subsection (4), and paragraph (j) of
5 subsection (6) of section 483.901, Florida Statutes, are
6 amended to read:
7 483.901 Medical physicists; definitions; licensure.--
8 (3) DEFINITIONS.--As used in this section, the term:
9 (i) "Physician" means a doctor of medicine,
10 osteopathic medicine, podiatric medicine podiatry, dentistry,
11 or chiropractic medicine who is licensed in this state and who
12 prescribes a radiological procedure.
13 (4) COUNCIL.--The Advisory Council of Medical
14 Physicists is created in the Department of Health to advise
15 the department in regulating the practice of medical physics
16 in this state.
17 (a) The council shall be composed of nine members
18 appointed by the secretary of the department as follows:
19 1. A licensed medical physicist who specializes in
20 diagnostic radiological physics.
21 2. A licensed medical physicist who specializes in
22 therapeutic radiological physics.
23 3. A licensed medical physicist who specializes in
24 medical nuclear radiological physics.
25 4. A physician who is board certified by the American
26 Board of Radiology or its equivalent.
27 5. A physician who is board certified by the American
28 Osteopathic Board of Radiology or its equivalent.
29 6. A chiropractic physician who practices radiology is
30 board certified by the American Chiropractic Radiology Board
31 or its equivalent.
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1 7. Three consumer members who are not, and have never
2 been, licensed as a medical physicist or licensed in any
3 closely related profession.
4 (6) LICENSE REQUIRED.--An individual may not engage in
5 the practice of medical physics, including the specialties of
6 diagnostic radiological physics, therapeutic radiological
7 physics, medical nuclear radiological physics, or medical
8 health physics, without a license issued by the department for
9 the appropriate specialty.
10 (j) The department may issue a temporary license to an
11 applicant pending completion of the application process for
12 board certification.
13 Section 236. Subsection (11) of section 486.021,
14 Florida Statutes, is amended to read:
15 486.021 Definitions.--In this chapter, unless the
16 context otherwise requires, the term:
17 (11) "Practice of physical therapy" means the
18 performance of physical therapy assessments and the treatment
19 of any disability, injury, disease, or other health condition
20 of human beings, or the prevention of such disability, injury,
21 disease, or other condition of health, and rehabilitation as
22 related thereto by the use of the physical, chemical, and
23 other properties of air; electricity; exercise; massage; the
24 performance of acupuncture only upon compliance with the
25 criteria set forth by the Board of Medicine, when no
26 penetration of the skin occurs; the use of radiant energy,
27 including ultraviolet, visible, and infrared rays; ultrasound;
28 water; the use of apparatus and equipment in the application
29 of the foregoing or related thereto; the performance of tests
30 of neuromuscular functions as an aid to the diagnosis or
31 treatment of any human condition; or the performance of
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1 electromyography as an aid to the diagnosis of any human
2 condition only upon compliance with the criteria set forth by
3 the Board of Medicine. A physical therapist may implement a
4 plan of treatment for a patient. The physical therapist shall
5 refer the patient to or consult with a health care
6 practitioner licensed under chapter 458, chapter 459, chapter
7 460, chapter 461, or chapter 466, if the patient's condition
8 is found to be outside the scope of physical therapy. If
9 physical therapy treatment for a patient is required beyond 21
10 days for a condition not previously assessed by a practitioner
11 of record, the physical therapist shall obtain a practitioner
12 of record who will review and sign the plan. A health care
13 practitioner licensed under chapter 458, chapter 459, chapter
14 460, chapter 461, or chapter 466 and engaged in active
15 practice is eligible to serve as a practitioner of record. The
16 use of roentgen rays and radium for diagnostic and therapeutic
17 purposes and the use of electricity for surgical purposes,
18 including cauterization, are not authorized under the term
19 "physical therapy" as used in this chapter. The practice of
20 physical therapy as defined in this chapter does not authorize
21 a physical therapy practitioner to practice chiropractic
22 medicine as defined in chapter 460, including specific spinal
23 manipulation. For the performance of specific chiropractic
24 spinal manipulation, a physical therapist shall refer the
25 patient to a health care practitioner licensed under chapter
26 460. Nothing in this subsection authorizes a physical
27 therapist to implement a plan of treatment for a patient
28 currently being treated in a facility licensed pursuant to
29 chapter 395.
30 Section 237. Subsection (1) of section 486.161,
31 Florida Statutes, is amended to read:
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1 486.161 Exemptions.--
2 (1) No provision of this chapter shall be construed to
3 prohibit any person licensed in this state from using any
4 physical agent as a part of, or incidental to, the lawful
5 practice of her or his profession under the statutes
6 applicable to the profession of chiropractic physician
7 chiropractor, podiatric physician podiatrist, doctor of
8 medicine, massage therapist, nurse, osteopathic physician or
9 surgeon, occupational therapist, or naturopath.
10 Section 238. 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, chiropractic physicians chiropractors, dentists,
22 osteopathic physicians, physicians and surgeons, doctors of
23 medicine, doctors of dentistry, podiatric physicians
24 podiatrists, chiropodists, architects, veterinarians,
25 attorneys at law, and life insurance agents.
26 Section 239. Paragraph (h) of subsection (4) of
27 section 627.351, Florida Statutes, is amended to 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 licensed under chapter 459; podiatric
4 physicians podiatrists licensed under chapter 461; dentists
5 licensed under chapter 466; chiropractic physicians
6 chiropractors licensed under chapter 460; naturopaths licensed
7 under chapter 462; nurses licensed under chapter 464; midwives
8 licensed under chapter 467; clinical laboratories registered
9 under chapter 483; physician assistants certified under
10 chapter 458; physical therapists and physical therapist
11 assistants licensed under chapter 486; health maintenance
12 organizations certificated under part I of chapter 641;
13 ambulatory surgical centers licensed under chapter 395; other
14 medical facilities as defined in subparagraph 2.; blood banks,
15 plasma centers, industrial clinics, and renal dialysis
16 facilities; or professional associations, partnerships,
17 corporations, joint ventures, or other associations for
18 professional activity by health care 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 240. Paragraph (b) of subsection (1) of
5 section 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 licensed under chapter 459.
13 4. Podiatric physician Podiatrist licensed under
14 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. Chiropractic physician Chiropractor licensed under
20 chapter 460.
21 8. Psychologist licensed under chapter 490.
22 9. Optometrist licensed under chapter 463.
23 10. Dentist licensed under chapter 466.
24 11. Pharmacist licensed under chapter 465.
25 12. Registered nurse, licensed practical nurse, or
26 advanced registered nurse practitioner licensed or registered
27 under chapter 464.
28 13. Other medical facility.
29 14. Professional association, partnership,
30 corporation, joint venture, or other association established
31
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1 by the individuals set forth in subparagraphs 2., 3., 4., 7.,
2 8., 9., 10., 11., and 12. for professional activity.
3 Section 241. Subsection (3) of section 627.419,
4 Florida Statutes, is amended to read:
5 627.419 Construction of policies.--
6 (3) Notwithstanding any other provision of law, when
7 any health insurance policy, health care services plan, or
8 other contract provides for the payment for procedures
9 specified in the policy or contract which are within the scope
10 of an optometrist's or podiatric physician's podiatrist's
11 professional license, such policy shall be construed to
12 include payment to an optometrist or podiatric physician
13 podiatrist who performs such procedures. In the case of
14 podiatric medicine podiatry services, such payments shall be
15 made in accordance with the coverage now provided for medical
16 and surgical benefits.
17 Section 242. Subsection (10) of section 627.6482,
18 Florida Statutes, is amended to read:
19 627.6482 Definitions.--As used in ss.
20 627.648-627.6498, the term:
21 (10) "Physician" means a physician licensed under
22 chapter 458; an osteopathic physician licensed under chapter
23 459; a chiropractic physician chiropractor licensed under
24 chapter 460; a podiatric physician podiatrist licensed under
25 chapter 461; or, for purposes of oral surgery only, a dental
26 surgeon licensed under chapter 466.
27 Section 243. Subsection (1) of section 641.316,
28 Florida Statutes, is amended to read:
29 641.316 Fiscal intermediary services.--
30 (1) It is the intent of the Legislature, through the
31 adoption of this section, to ensure the financial soundness of
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1 fiscal intermediary services organizations established to
2 develop, manage, and administer the business affairs of health
3 care professional providers such as medical doctors, doctors
4 of osteopathy, doctors of chiropractic medicine, doctors of
5 podiatric medicine, doctors of dentistry, or other health
6 professionals regulated by the Department of Health.
7 Section 244. Subsection (3) of section 641.425,
8 Florida Statutes, is amended to read:
9 641.425 Construction of contracts.--
10 (3) Notwithstanding any other provision of law, when
11 any contract provides for the payment for procedures which are
12 specified in the contract and are within the scope of an
13 optometrist's or podiatric physician's podiatrist's
14 professional license, such contract shall be construed to
15 include payment to an optometrist or podiatric physician
16 podiatrist who performs such procedures. In the case of
17 podiatric medicine podiatry services, payments shall be made
18 in accordance with the coverage now provided for medical and
19 surgical benefits.
20 Section 245. Section 725.01, Florida Statutes, is
21 amended to read:
22 725.01 Promise to pay another's debt, etc.--No action
23 shall be brought whereby to charge any executor or
24 administrator upon any special promise to answer or pay any
25 debt or damages out of her or his own estate, or whereby to
26 charge the defendant upon any special promise to answer for
27 the debt, default or miscarriage of another person or to
28 charge any person upon any agreement made upon consideration
29 of marriage, or upon any contract for the sale of lands,
30 tenements or hereditaments, or of any uncertain interest in or
31 concerning them, or for any lease thereof for a period longer
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1 than 1 year, or upon any agreement that is not to be performed
2 within the space of 1 year from the making thereof, or whereby
3 to charge any health care provider upon any guarantee,
4 warranty, or assurance as to the results of any medical,
5 surgical, or diagnostic procedure performed by any physician
6 licensed under chapter 458, osteopathic physician licensed
7 under chapter 459, chiropractic physician chiropractor
8 licensed under chapter 460, podiatric physician podiatrist
9 licensed under chapter 461, or dentist licensed under chapter
10 466, unless the agreement or promise upon which such action
11 shall be brought, or some note or memorandum thereof shall be
12 in writing and signed by the party to be charged therewith or
13 by some other person by her or him thereunto lawfully
14 authorized.
15 Section 246. Paragraph (b) of subsection (1) of
16 section 766.101, Florida Statutes, is amended to read:
17 766.101 Medical review committee, immunity from
18 liability.--
19 (1) As used in this section:
20 (b) The term "health care providers" means physicians
21 licensed under chapter 458, osteopathic physicians licensed
22 under chapter 459, podiatric physicians podiatrists licensed
23 under chapter 461, optometrists licensed under chapter 463,
24 dentists licensed under chapter 466, chiropractic physicians
25 chiropractors licensed under chapter 460, pharmacists licensed
26 under chapter 465, or hospitals or ambulatory surgical centers
27 licensed under chapter 395.
28 Section 247. Paragraph (a) of subsection (6) of
29 section 766.102, Florida Statutes, is amended to read:
30 766.102 Medical negligence; standards of recovery.--
31
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1 (6)(a) In any action for damages involving a claim of
2 negligence against a physician licensed under chapter 458,
3 osteopathic physician licensed under chapter 459, podiatric
4 physician podiatrist licensed under chapter 461, or
5 chiropractic physician chiropractor licensed under chapter 460
6 providing emergency medical services in a hospital emergency
7 department, the court shall admit expert medical testimony
8 only from physicians, osteopathic physicians, podiatric
9 physicians podiatrists, and chiropractic physicians
10 chiropractors who have had substantial professional experience
11 within the preceding 5 years while assigned to provide
12 emergency medical services in a hospital emergency department.
13 Section 248. Subsection (3) of section 766.103,
14 Florida Statutes, is amended to read:
15 766.103 Florida Medical Consent Law.--
16 (3) No recovery shall be allowed in any court in this
17 state against any physician licensed under chapter 458,
18 osteopathic physician licensed under chapter 459, chiropractic
19 physician chiropractor licensed under chapter 460, podiatric
20 physician podiatrist licensed under chapter 461, or dentist
21 licensed under chapter 466 in an action brought for treating,
22 examining, or operating on a patient without his or her
23 informed consent when:
24 (a)1. The action of the physician, osteopathic
25 physician, chiropractic physician chiropractor, podiatric
26 physician podiatrist, or dentist in obtaining the consent of
27 the patient or another person authorized to give consent for
28 the patient was in accordance with an accepted standard of
29 medical practice among members of the medical profession with
30 similar training and experience in the same or similar medical
31 community; and
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1 2. A reasonable individual, from the information
2 provided by the physician, osteopathic physician, chiropractic
3 physician chiropractor, podiatric physician podiatrist, or
4 dentist, under the circumstances, would have a general
5 understanding of the procedure, the medically acceptable
6 alternative procedures or treatments, and the substantial
7 risks and hazards inherent in the proposed treatment or
8 procedures, which are recognized among other physicians,
9 osteopathic physicians, chiropractic physicians chiropractors,
10 podiatric physicians podiatrists, or dentists in the same or
11 similar community who perform similar treatments or
12 procedures; or
13 (b) The patient would reasonably, under all the
14 surrounding circumstances, have undergone such treatment or
15 procedure had he or she been advised by the physician,
16 osteopathic physician, chiropractic physician chiropractor,
17 podiatric physician podiatrist, or dentist in accordance with
18 the provisions of paragraph (a).
19 Section 249. Paragraphs (b) and (i) of subsection (1),
20 paragraph (e) of subsection (2), and paragraph (b) of
21 subsection (3) of section 766.105, Florida Statutes, are
22 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 licensed under chapter 459.
31
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1 4. Podiatric physician Podiatrist licensed under
2 chapter 461.
3 5. Health maintenance organization certificated under
4 part I of chapter 641.
5 6. Ambulatory surgical center licensed under chapter
6 395.
7 7. "Other medical facility" as defined in paragraph
8 (c).
9 8. Professional association, partnership, corporation,
10 joint venture, or other association by the individuals set
11 forth in subparagraphs 2., 3., and 4. for professional
12 activity.
13 (i) The term "house physician" means any physician,
14 osteopathic physician, podiatric physician podiatrist, or
15 dentist except: a physician, osteopathic physician, podiatric
16 physician podiatrist, or dentist with staff privileges at a
17 hospital; a physician, osteopathic physician, podiatric
18 physician podiatrist, or dentist providing emergency room
19 services; an anesthesiologist, pathologist, or radiologist; or
20 a physician, osteopathic physician, podiatric physician
21 podiatrist, or dentist who performs a service for a fee.
22 (2) COVERAGE.--
23 (e) The coverage afforded by the fund for a
24 participating hospital or ambulatory surgical center shall
25 apply to the officers, trustees, volunteer workers, trainees,
26 committee members (including physicians, osteopathic
27 physicians, podiatric physicians podiatrists, and dentists),
28 and employees of the hospital or ambulatory surgical center,
29 other than employed physicians licensed under chapter 458,
30 physician assistants licensed under chapter 458, osteopathic
31 physicians licensed under chapter 459, dentists licensed under
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1 chapter 466, and podiatric physicians podiatrists licensed
2 under chapter 461. However, the coverage afforded by the fund
3 for a participating hospital shall apply to house physicians,
4 interns, employed physician residents in a resident training
5 program, or physicians performing purely administrative duties
6 for the participating hospitals other than the treatment of
7 patients. This coverage shall apply to the hospital or
8 ambulatory surgical center and those included in this
9 subsection as one health care provider.
10 (3) THE FUND.--
11 (b) Fund administration and operation.--
12 1. The fund shall operate subject to the supervision
13 and approval of a board of governors consisting of a
14 representative of the insurance industry appointed by the
15 Insurance Commissioner, an attorney appointed by The Florida
16 Bar, a representative of physicians appointed by the Florida
17 Medical Association, a representative of physicians' insurance
18 appointed by the Insurance Commissioner, a representative of
19 physicians' self-insurance appointed by the Insurance
20 Commissioner, two representatives of hospitals appointed by
21 the Florida Hospital Association, a representative of hospital
22 insurance appointed by the Insurance Commissioner, a
23 representative of hospital self-insurance appointed by the
24 Insurance Commissioner, a representative of the osteopathic
25 physicians' or podiatric physicians' podiatrists' insurance or
26 self-insurance appointed by the Insurance Commissioner, and a
27 representative of the general public appointed by the
28 Insurance Commissioner. The board of governors shall, during
29 the first meeting after June 30 of each year, choose one of
30 its members to serve as chair of the board and another member
31 to serve as vice chair of the board. The members of the board
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1 shall be appointed to serve terms of 4 years, except that the
2 initial appointments of a representative of the general public
3 by the Insurance Commissioner, an attorney by The Florida Bar,
4 a representative of physicians by the Florida Medical
5 Association, and one of the two representatives of the Florida
6 Hospital Association shall be for terms of 3 years;
7 thereafter, such representatives shall be appointed for terms
8 of 4 years. Subsequent to initial appointments for 4-year
9 terms, the representative of the osteopathic physicians' or
10 podiatric physicians' podiatrists' insurance or self-insurance
11 appointed by the Insurance Commissioner and the representative
12 of hospital self-insurance appointed by the Insurance
13 Commissioner shall be appointed for 2-year terms; thereafter,
14 such representatives shall be appointed for terms of 4 years.
15 Each appointed member may designate in writing to the chair an
16 alternate to act in the member's absence or incapacity. A
17 member of the board, or the member's alternate, may be
18 reimbursed from the assets of the fund for expenses incurred
19 by him or her as a member, or alternate member, of the board
20 and for committee work, but he or she may not otherwise be
21 compensated by the fund for his or her service as a board
22 member or alternate.
23 2. There shall be no liability on the part of, and no
24 cause of action of any nature shall arise against, the fund or
25 its agents or employees, professional advisers or consultants,
26 members of the board of governors or their alternates, or the
27 Department of Insurance or its representatives for any action
28 taken by them in the performance of their powers and duties
29 pursuant to this section.
30 Section 250. Subsection (2) of section 766.110,
31 Florida Statutes, is amended to read:
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1 766.110 Liability of health care facilities.--
2 (2) Every hospital licensed under chapter 395 may
3 carry liability insurance or adequately insure itself in an
4 amount of not less than $1.5 million per claim, $5 million
5 annual aggregate to cover all medical injuries to patients
6 resulting from negligent acts or omissions on the part of
7 those members of its medical staff who are covered thereby in
8 furtherance of the requirements of ss. 458.320 and 459.0085.
9 Self-insurance coverage extended hereunder to a member of a
10 hospital's medical staff meets the financial responsibility
11 requirements of ss. 458.320 and 459.0085 if the physician's
12 coverage limits are not less than the minimum limits
13 established in ss. 458.320 and 459.0085 and the hospital is a
14 verified trauma center as of July 1, 1990, that has extended
15 self-insurance coverage continuously to members of its medical
16 staff for activities both inside and outside of the hospital
17 since January 1, 1987. Any insurer authorized to write
18 casualty insurance may make available, but shall not be
19 required to write, such coverage. The hospital may assess on
20 an equitable and pro rata basis the following professional
21 health care providers for a portion of the total hospital
22 insurance cost for this coverage: physicians licensed under
23 chapter 458, osteopathic physicians licensed under chapter
24 459, podiatric physicians podiatrists licensed under chapter
25 461, dentists licensed under chapter 466, and nurses licensed
26 under chapter 464. The hospital may provide for a deductible
27 amount to be applied against any individual health care
28 provider found liable in a law suit in tort or for breach of
29 contract. The legislative intent in providing for the
30 deductible to be applied to individual health care providers
31 found negligent or in breach of contract is to instill in each
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1 individual health care provider the incentive to avoid the
2 risk of injury to the fullest extent and ensure that the
3 citizens of this state receive the highest quality health care
4 obtainable.
5 Section 251. Paragraph (d) of subsection (3) of
6 section 766.1115, Florida Statutes, is amended to read:
7 766.1115 Health care providers; creation of agency
8 relationship with governmental contractors.--
9 (3) DEFINITIONS.--As used in this section, the term:
10 (d) "Health care provider" or "provider" means:
11 1. A birth center licensed under chapter 383.
12 2. An ambulatory surgical center licensed under
13 chapter 395.
14 3. A hospital licensed under chapter 395.
15 4. A physician licensed, or physician assistant
16 certified, under chapter 458.
17 5. An osteopathic physician licensed, or osteopathic
18 physician assistant certified, under chapter 459.
19 6. A chiropractic physician licensed under chapter
20 460.
21 7. A podiatric physician podiatrist licensed under
22 chapter 461.
23 8. A registered nurse, nurse midwife, licensed
24 practical nurse, or advanced registered nurse practitioner
25 licensed or registered under chapter 464 or any facility which
26 employs nurses licensed or registered under chapter 464 to
27 supply all or part of the care delivered under this section.
28 9. A midwife licensed under chapter 467.
29 10. A health maintenance organization certificated
30 under part I of chapter 641.
31
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1 11. A health care professional association and its
2 employees or a corporate medical group and its employees.
3 12. Any other medical facility the primary purpose of
4 which is to deliver human medical diagnostic services or which
5 delivers nonsurgical human medical treatment, and which
6 includes an office maintained by a provider.
7 13. Any other health care professional, practitioner,
8 provider, or facility under contract with a governmental
9 contractor.
10
11 The term includes any nonprofit corporation qualified as
12 exempt from federal income taxation under s. 501(c) of the
13 Internal Revenue Code which delivers health care services
14 provided by licensed professionals listed in this paragraph,
15 any federally funded community health center, and any
16 volunteer corporation or volunteer health care provider that
17 delivers health care services.
18 Section 252. Subsection (2) of section 817.234,
19 Florida Statutes, is amended to read:
20 817.234 False and fraudulent insurance claims.--
21 (2) Any physician licensed under chapter 458,
22 osteopathic physician licensed under chapter 459, chiropractic
23 physician chiropractor licensed under chapter 460, or other
24 practitioner licensed under the laws of this state who
25 knowingly and willfully assists, conspires with, or urges any
26 insured party to fraudulently violate any of the provisions of
27 this section or part XI of chapter 627, or any person who, due
28 to such assistance, conspiracy, or urging by said physician,
29 osteopathic physician, chiropractic physician chiropractor, or
30 practitioner, knowingly and willfully benefits from the
31 proceeds derived from the use of such fraud, is guilty of a
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1 felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084. In the event that a
3 physician, osteopathic physician, chiropractic physician
4 chiropractor, or practitioner is adjudicated guilty of a
5 violation of this section, the Board of Medicine as set forth
6 in chapter 458, the Board of Osteopathic Medicine as set forth
7 in chapter 459, the Board of Chiropractic Medicine as set
8 forth in chapter 460, or other appropriate licensing authority
9 shall hold an administrative hearing to consider the
10 imposition of administrative sanctions as provided by law
11 against said physician, osteopathic physician, chiropractic
12 physician chiropractor, or practitioner.
13 Section 253. Subsection (18) of section 893.02,
14 Florida Statutes, is amended to read:
15 893.02 Definitions.--The following words and phrases
16 as used in this chapter shall have the following meanings,
17 unless the context otherwise requires:
18 (18) "Practitioner" means a physician licensed
19 pursuant to chapter 458, a dentist licensed pursuant to
20 chapter 466, a veterinarian licensed pursuant to chapter 474,
21 an osteopathic physician licensed pursuant to chapter 459, a
22 naturopath licensed pursuant to chapter 462, or a podiatric
23 physician podiatrist licensed pursuant to chapter 461,
24 provided such practitioner holds a valid federal controlled
25 substance registry number.
26 Section 254. The catchline and subsection (1) of
27 section 945.047, Florida Statutes, are amended to read:
28 945.047 Licensing requirements for physicians,
29 osteopathic physicians, and chiropractic physicians
30 chiropractors employed by the department.--
31
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1 (1) The Department of Corrections shall employ only
2 physicians, osteopathic physicians, or chiropractic physicians
3 holding licenses in good standing to practice medicine in this
4 state, except that, by October 1, 1980, no more than 10
5 percent of the total number of such physicians employed by the
6 department may be exempted from the provisions of this
7 subsection. Each such exempted physician shall hold a valid
8 license to practice medicine, osteopathic medicine, or
9 chiropractic medicine in another state and shall have been
10 certified by the appropriate board as eligible for admission
11 for examination in this state under chapter 458, chapter 459,
12 or chapter 460, as applicable. The appropriate board shall not
13 certify as eligible for admission for examination any person
14 who has been adjudged unqualified or guilty of any of the acts
15 enumerated in the disciplinary provisions contained in chapter
16 458, chapter 459, or chapter 460, as applicable.
17 Section 255. Paragraph (a) of subsection (39) of
18 section 984.03, Florida Statutes, is amended to read:
19 984.03 Definitions.--When used in this chapter, the
20 term:
21 (39) "Neglect" occurs when the parent or legal
22 custodian of a child or, in the absence of a parent or legal
23 custodian, the person primarily responsible for the child's
24 welfare deprives a child of, or allows a child to be deprived
25 of, necessary food, clothing, shelter, or medical treatment or
26 permits a child to live in an environment when such
27 deprivation or environment causes the child's physical,
28 mental, or emotional health to be significantly impaired or to
29 be in danger of being significantly impaired. The foregoing
30 circumstances shall not be considered neglect if caused
31 primarily by financial inability unless actual services for
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1 relief have been offered to and rejected by such person. A
2 parent or guardian legitimately practicing religious beliefs
3 in accordance with a recognized church or religious
4 organization who thereby does not provide specific medical
5 treatment for a child shall not, for that reason alone, be
6 considered a negligent parent or guardian; however, such an
7 exception does not preclude a court from ordering the
8 following services to be provided, when the health of the
9 child so requires:
10 (a) Medical services from a licensed physician,
11 dentist, optometrist, podiatric physician podiatrist, or other
12 qualified health care provider; or
13 (b) Treatment by a duly accredited practitioner who
14 relies solely on spiritual means for healing in accordance
15 with the tenets and practices of a well-recognized church or
16 religious organization.
17 Section 256. This act shall take effect July 1 of the
18 year in which enacted.
19
20 *****************************************
21 HOUSE SUMMARY
22
Provides technical corrections and changes to various
23 provisions of law relating to regulation of professions.
Revises probable cause provisions and eliminates or
24 revises obsolete references. Authorizes the Department of
Health and regulatory boards thereunder to refuse to
25 issue an initial license under circumstances relating to
ongoing investigations or prosecutions. Provides for
26 certain alternative continuing education credit. Requires
certain applicants for restricted licensure as a
27 physician to submit a set of fingerprints. Provides the
Department of Health rulemaking authority with respect to
28 examinations. Corrects references, cross references,
definitions, and terminology relating to authority and
29 jurisdiction of the Department of Health. Corrects cross
references relating to the Health Care Trust Fund.
30 Revises terminology relating to chiropractic and
podiatric medicine. Retitles chapters 460 and 461, F.S.,
31 to conform. See bill for details.
189