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.--

31

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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.

31

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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.

31

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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

31

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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

31

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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.

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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.

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