House Bill 1467e1
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CS/HB 1467, First Engrossed
1 A bill to be entitled
2 An act relating to regulation of health care
3 practitioners; providing for clinical trials to
4 be conducted on the use of the drug Secretin by
5 a nonprofit provider; requiring a report;
6 providing an appropriation; amending s.
7 232.435, F.S.; correcting a reference; amending
8 s. 381.026, F.S.; providing a definition;
9 amending s. 381.0261, F.S.; providing that the
10 Department of Health or a regulatory board,
11 rather than the Agency for Health Care
12 Administration, may impose an administrative
13 fine against any health care provider who fails
14 to make available to patients a summary of
15 their rights as required by law; amending s.
16 455.501, F.S.; redefining the terms "health
17 care practitioner" and "licensee"; amending s.
18 455.507, F.S.; revising provisions relating to
19 good standing of members of the Armed Forces
20 with administrative boards to provide
21 applicability to the department when there is
22 no board; providing gender neutral language;
23 amending s. 455.521, F.S.; providing powers and
24 duties of the department for the professions,
25 rather than boards, under its jurisdiction;
26 amending s. 455.544, F.S.; stating the purpose
27 of department and board rules; amending s.
28 455.557, F.S.; redefining the term "health care
29 practitioner" for purposes of standardized
30 credentializing; amending s. 455.564, F.S.;
31 prescribing the expiration date of an
1
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CS/HB 1467, First Engrossed
1 incomplete license application; revising the
2 form and style of licenses; providing authority
3 to the department when there is no board to
4 adopt rules; revising and providing
5 requirements relating to obtaining continuing
6 education credit in risk management; correcting
7 a reference; amending s. 455.565, F.S.;
8 providing exceptions to certain application
9 requirements; revising information required for
10 licensure of designated health care
11 professionals; revising requirements for
12 submitting fingerprints to the department for
13 renewal of licensure; amending s. 455.5651,
14 F.S.; prohibiting inclusion of certain
15 information in practitioner profiles; amending
16 s. 455.567, F.S.; defining sexual misconduct
17 and prohibiting it in the practice of a health
18 care profession; providing penalties; amending
19 s. 455.574, F.S.; revising provisions relating
20 to review of an examination after failure to
21 pass it; amending s. 455.587, F.S.; providing
22 authority to the department when there is no
23 board to determine by rule the amount of
24 license fees for the profession regulated;
25 providing for a fee for issuance of a wall
26 certificate to certain licensees or for a
27 duplicate wall certificate; amending s.
28 455.604, F.S.; requiring instruction on human
29 immunodeficiency virus and acquired immune
30 deficiency syndrome as a condition of licensure
31 and relicensure to practice dietetics and
2
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CS/HB 1467, First Engrossed
1 nutrition or nutrition counseling; amending s.
2 455.607, F.S.; correcting a reference; amending
3 s. 455.624, F.S.; revising and providing
4 grounds for discipline; providing penalties;
5 providing for assessment of certain costs;
6 amending s. 455.664, F.S.; requiring additional
7 health care practitioners to include a certain
8 statement in advertisements for free or
9 discounted services; correcting terminology;
10 amending s. 455.667, F.S.; authorizing the
11 department to obtain patient records, billing
12 records, insurance information, provider
13 contracts, and all attachments thereto under
14 certain circumstances for purposes of
15 disciplinary proceedings; providing for charges
16 for making reports or records available for
17 digital scanning; amending s. 455.687, F.S.;
18 providing for the suspension or restriction of
19 the license of any health care practitioner who
20 tests positive for drugs under certain
21 circumstances; amending s. 455.694, F.S.;
22 providing financial responsibility requirements
23 for midwives; creating s. 455.712, F.S.;
24 providing requirements for active status
25 licensure of certain business establishments;
26 amending s. 457.102, F.S.; defining the term
27 "prescriptive rights" with respect to
28 acupuncture; amending s. 458.307, F.S.;
29 correcting terminology and a reference;
30 removing an obsolete date; amending s. 458.309,
31 F.S.; providing for licensing and inspecting
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CS/HB 1467, First Engrossed
1 certain offices performing levels 2 and 3
2 surgery; amending s. 458.311, F.S.; revising
3 provisions relating to licensure as a physician
4 by examination; eliminating an obsolete
5 provision relating to licensure of medical
6 students from Nicaragua and another provision
7 relating to taking the examination without
8 applying for a license; amending s. 458.3115,
9 F.S.; updating terminology; amending s.
10 458.313, F.S.; revising provisions relating to
11 licensure by endorsement; repealing provisions
12 relating to reactivation of certain licenses
13 issued by endorsement; amending s. 458.315,
14 F.S.; providing additional requirements for
15 recipients of a temporary certificate for
16 practice in areas of critical need; amending s.
17 458.3165, F.S.; prescribing authorized
18 employment for holders of public psychiatry
19 certificates; correcting a reference; amending
20 s. 458.317, F.S.; providing for conversion of
21 an active license to a limited license for a
22 specified purpose; amending s. 458.319, F.S.;
23 revising requirements for submitting
24 fingerprints to the department for renewal of
25 licensure as a physician; amending s. 458.331,
26 F.S.; providing grounds for discipline;
27 providing penalties; amending s. 458.347, F.S.;
28 revising provisions relating to temporary
29 licensure as a physician assistant; amending s.
30 459.005, F.S.; providing for licensing and
31 inspecting certain offices performing levels 2
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CS/HB 1467, First Engrossed
1 and 3 surgery; amending s. 459.0075, F.S.;
2 providing for conversion of an active license
3 to a limited license for a specified purpose;
4 amending s. 459.008, F.S.; revising
5 requirements for submitting fingerprints to the
6 department for renewal of licensure as an
7 osteopathic physician; amending s. 459.015,
8 F.S.; revising and providing grounds for
9 discipline; providing penalties; amending s.
10 460.402, F.S.; providing an exemption from
11 regulation under ch. 460, F.S., relating to
12 chiropractic, for certain students; amending s.
13 460.403, F.S.; defining the term
14 "community-based internship" for purposes of
15 ch. 460, F.S.; redefining the terms "direct
16 supervision" and "registered chiropractic
17 assistant"; amending s. 460.406, F.S.; revising
18 requirements for licensure as a chiropractic
19 physician by examination to remove a provision
20 relating to a training program; amending s.
21 460.407, F.S.; revising requirements for
22 submitting fingerprints to the department for
23 renewal of licensure as a chiropractic
24 physician; amending s. 460.413, F.S.;
25 increasing the administrative fine; conforming
26 cross-references; amending s. 460.4165, F.S.;
27 revising requirements for certification of
28 chiropractic physician's assistants; providing
29 for supervision of registered chiropractic
30 physician's assistants; providing for biennial
31 renewal; providing fees; providing
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CS/HB 1467, First Engrossed
1 applicability to current certificateholders;
2 amending s. 460.4166, F.S.; authorizing
3 registered chiropractic assistants to be under
4 the direct supervision of a certified
5 chiropractic physician's assistant; amending s.
6 461.003, F.S.; defining the term "certified
7 podiatric X-ray assistant" and the term "direct
8 supervision" with respect thereto; redefining
9 the term "practice of podiatric medicine";
10 amending s. 461.006, F.S.; revising the
11 residency requirement to practice podiatric
12 medicine; amending s. 461.007, F.S.; revising
13 requirements for renewal of license to practice
14 podiatric medicine; revising requirements for
15 submitting fingerprints to the department for
16 renewal of licensure; amending s. 461.013,
17 F.S.; revising and providing grounds for
18 discipline; providing penalties; creating s.
19 461.0135, F.S.; providing requirements for
20 operation of X-ray machines by certified
21 podiatric X-ray assistants; amending s.
22 464.008, F.S.; providing for remediation upon
23 failure to pass the examination to practice
24 nursing a specified number of times; amending
25 s. 464.022, F.S.; providing an exemption from
26 regulation relating to remedial courses;
27 amending s. 465.003, F.S.; defining the term
28 "data communication device"; revising the
29 definition of the term "practice of the
30 profession of pharmacy"; amending s. 465.016,
31 F.S.; authorizing the redispensing of unused or
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CS/HB 1467, First Engrossed
1 returned unit-dose medication by correctional
2 facilities under certain conditions; providing
3 a ground for which a pharmacist may be subject
4 to discipline by the Board of Pharmacy;
5 increasing the administrative fine; amending
6 ss. 465.014, 465.015, 465.0196, 468.812,
7 499.003, F.S.; correcting cross-references, to
8 conform; creating the Task Force for the Study
9 of Collaborative Drug Therapy Management;
10 providing for staff support from the
11 department; providing for participation by
12 specified associations and entities; providing
13 responsibilities; requiring a report to the
14 Legislature; amending s. 466.021, F.S.;
15 revising requirements relating to dental work
16 orders required of unlicensed persons; amending
17 s. 468.1155, F.S.; revising requirements for
18 provisional licensure to practice
19 speech-language pathology or audiology;
20 amending s. 468.1215, F.S.; revising
21 requirements for certification as a
22 speech-language pathologist or audiologist
23 assistant; amending s. 468.307, F.S.;
24 authorizing the issuance of subcategory
25 certificates in the field of radiologic
26 technology; amending s. 468.506, F.S.;
27 correcting references; amending s. 468.701,
28 F.S.; revising and removing definitions;
29 amending s. 468.703, F.S.; replacing the
30 Council of Athletic Training with a Board of
31 Athletic Training; providing for appointment of
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CS/HB 1467, First Engrossed
1 board members and their successors; providing
2 for staggering of terms; providing for
3 applicability of other provisions of law
4 relating to activities of regulatory boards;
5 providing for the board's headquarters;
6 amending ss. 468.705, 468.707, 468.709,
7 468.711, 468.719, 468.721, F.S., relating to
8 rulemaking authority, licensure by examination,
9 fees, continuing education, disciplinary
10 actions, and certain regulatory transition;
11 transferring to the board certain duties of the
12 department relating to regulation of athletic
13 trainers; amending s. 20.43, F.S.; placing the
14 board under the Division of Medical Quality
15 Assurance of the department; providing for
16 termination of the council and the terms of
17 council members; authorizing consideration of
18 former council members for appointment to the
19 board; amending s. 468.805, F.S.; revising
20 grandfathering provisions for the practice of
21 orthotics, prosthetics, or pedorthics; amending
22 s. 468.806, F.S.; providing for approval of
23 continuing education providers; amending s.
24 478.42, F.S.; redefining the term "electrolysis
25 or electrology"; amending s. 483.041, F.S.,
26 redefining the terms "clinical laboratory" and
27 "licensed practitioner" and defining the term
28 "clinical laboratory examination"; amending s.
29 483.807, F.S.; 483.803, F.S.; redefining the
30 terms "clinical laboratory examination" and
31 "licensed practitioner of the healing arts";
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CS/HB 1467, First Engrossed
1 revising a reference; amending s. revising
2 provisions relating to fees for approval as a
3 laboratory training program; amending s.
4 483.809, F.S.; revising requirements relating
5 to examination of clinical laboratory personnel
6 for licensure and to registration of clinical
7 laboratory trainees; amending s. 483.812, F.S.;
8 revising qualification requirements for
9 licensure of public health laboratory
10 scientists; amending s. 483.813, F.S.;
11 eliminating a provision authorizing conditional
12 licensure of clinical laboratory personnel for
13 a specified period; amending s. 483.821, F.S.;
14 authorizing continuing education or retraining
15 for candidates who fail an examination a
16 specified number of times; amending s. 483.824,
17 F.S.; revising qualifications of clinical
18 laboratory directors; amending s. 483.825,
19 F.S.; revising and providing grounds for
20 discipline; providing penalties; amending s.
21 483.901, F.S.; correcting a reference;
22 eliminating a provision authorizing temporary
23 licensure as a medical physicist; correcting
24 the name of a trust fund; amending s. 484.007,
25 F.S.; revising requirements for opticians who
26 supervise apprentices; amending s. 484.0512,
27 F.S.; requiring sellers of hearing aids to
28 refund within a specified period all moneys
29 required to be refunded under trial-period
30 provisions; amending s. 484.053, F.S.;
31 increasing the penalty applicable to prohibited
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CS/HB 1467, First Engrossed
1 acts relating to the dispensing of hearing
2 aids; amending s. 484.056, F.S.; providing that
3 violation of trial-period requirements is a
4 ground for disciplinary action; providing
5 penalties; amending ss. 486.041, 486.081,
6 486.103, and 486.107, F.S.; eliminating
7 provisions authorizing issuance of a temporary
8 permit to work as a physical therapist or
9 physical therapist assistant; amending s.
10 490.005, F.S.; revising educational
11 requirements for licensure as a psychologist by
12 examination; changing a date, to defer certain
13 educational requirements; amending s. 490.006,
14 F.S.; providing additional requirements for
15 licensure as a psychologist by endorsement;
16 amending s. 490.0085, F.S.; correcting the name
17 of a trust fund; amending s. 490.0148, F.S.;
18 authorizing release of a patient's
19 psychological record to certain persons
20 pursuant to workers' compensation provisions;
21 amending s. 491.0045, F.S.; revising
22 requirements for registration as a clinical
23 social worker intern, marriage and family
24 therapist intern, or mental health counselor
25 intern; amending s. 491.0046, F.S.; revising
26 requirements for provisional licensure of
27 clinical social workers, marriage and family
28 therapists, and mental health counselors;
29 amending s. 491.005, F.S.; revising
30 requirements for licensure of clinical social
31 workers, marriage and family therapists, and
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CS/HB 1467, First Engrossed
1 mental health counselors; providing for
2 certification of education of interns;
3 providing rulemaking authority to implement
4 education and experience requirements for
5 licensure as a clinical social worker, marriage
6 and family therapist, or mental health
7 counselor; revising future licensure
8 requirements for mental health counselors and
9 providing rulemaking authority for
10 implementation thereof; amending s. 491.006,
11 F.S.; revising requirements for licensure or
12 certification by endorsement; amending s.
13 491.0085, F.S.; requiring laws and rules
14 courses and providing for approval thereof,
15 including providers and programs; correcting
16 the name of a trust fund; amending s. 491.014,
17 F.S.; revising an exemption from regulation
18 relating to certain temporally limited
19 services; amending s. 499.012, F.S.; redefining
20 the term "wholesale distribution," relating to
21 the distribution of prescription drugs, to
22 provide for the exclusion of certain
23 activities; amending ss. 626.883, 641.316,
24 F.S.; requiring payments to a health care
25 provider by a fiscal intermediary to include an
26 explanation of services provided; creating a
27 Task Force on Telehealth; providing its duties;
28 requiring a report; amending s. 468.352, F.S.;
29 redefining the term "board"; amending s.
30 468.353, F.S.; conforming provision; providing
31 for the adoption of rules; amending s. 468.354,
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CS/HB 1467, First Engrossed
1 F.S.; creating the Board of Respiratory Care;
2 providing for membership, powers, and duties;
3 amending s. 468.355, F.S.; providing for
4 periodic rather than annual review of certain
5 examinations and standards; amending s.
6 458.357, F.S.; conforming provisions; deleting
7 obsolete provisions; amending s. 468.364, F.S.;
8 deleting an examination fee; amending s.
9 468.365, F.S.; conforming provisions; amending
10 s. 464.016, F.S., providing that the use of the
11 title "nurse" without being licensed or
12 certified is a crime; providing for a detailed
13 study and analysis of clinical laboratory
14 services for kidney dialysis patients; amending
15 s. 455.651, F.S.; providing for treble damages,
16 reasonable attorney fees, and costs for
17 improper disclosure of confidential
18 information; providing effective dates.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. (1) The Division of Children's Medical
23 Services of the Department of Health shall contract with a
24 private nonprofit provider affiliated with a teaching hospital
25 to conduct clinical trials, approved by a federally-sanctioned
26 institutional review board within the teaching hospital, on
27 the use of the drug Secretin to treat autism.
28 (2) The private nonprofit provider shall report its
29 findings to the Division of Children's Medical Services, the
30 President of the Senate, the Speaker of the House of
31 Representatives, and other appropriate bodies.
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CS/HB 1467, First Engrossed
1 Section 2. The sum of $50,000 is appropriated to the
2 Division of Children's Medical Services of the Department of
3 Health from the General Revenue Fund for the purpose of
4 implementing this act.
5 Section 3. Paragraph (b) of subsection (3) of
6 section 232.435, Florida Statutes, is amended to read:
7 232.435 Extracurricular athletic activities; athletic
8 trainers.--
9 (3)
10 (b) If a school district uses the services of an
11 athletic trainer who is not a teacher athletic trainer or a
12 teacher apprentice trainer within the requirements of this
13 section, such athletic trainer must be licensed as required by
14 part XIII XIV of chapter 468.
15 Section 4. Subsection (2) of section 381.026, Florida
16 Statutes, 1998 Supplement, is amended to read:
17 381.026 Florida Patient's Bill of Rights and
18 Responsibilities.--
19 (2) DEFINITIONS.--As used in this section and s.
20 381.0261, the term:
21 (a) "Department" means the Department of Health.
22 (b)(a) "Health care facility" means a facility
23 licensed under chapter 395.
24 (c)(b) "Health care provider" means a physician
25 licensed under chapter 458, an osteopathic physician licensed
26 under chapter 459, or a podiatric physician licensed under
27 chapter 461.
28 (d)(c) "Responsible provider" means a health care
29 provider who is primarily responsible for patient care in a
30 health care facility or provider's office.
31
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CS/HB 1467, First Engrossed
1 Section 5. Subsection (4) of section 381.0261, Florida
2 Statutes, 1998 Supplement, is amended to read:
3 381.0261 Summary of patient's bill of rights;
4 distribution; penalty.--
5 (4)(a) An administrative fine may be imposed by the
6 Agency for Health Care Administration when any health care
7 provider or health care facility fails to make available to
8 patients a summary of their rights, pursuant to s. 381.026 and
9 this section. Initial nonwillful violations shall be subject
10 to corrective action and shall not be subject to an
11 administrative fine. The Agency for Health Care Administration
12 may levy a fine against a health care facility of up to $5,000
13 for nonwillful violations, and up to $25,000 for intentional
14 and willful violations. Each intentional and willful violation
15 constitutes a separate violation and is subject to a separate
16 fine.
17 (b) An administrative fine may be imposed by the
18 appropriate regulatory board, or the department if there is no
19 board, when any health care provider fails to make available
20 to patients a summary of their rights, pursuant to s. 381.026
21 and this section. Initial nonwillful violations shall be
22 subject to corrective action and shall not be subject to an
23 administrative fine. The appropriate regulatory board or
24 department agency may levy a fine against a health care
25 provider of up to $100 for nonwillful violations and up to
26 $500 for willful violations. Each intentional and willful
27 violation constitutes a separate violation and is subject to a
28 separate fine.
29 Section 6. Subsections (4) and (6) of section 455.501,
30 Florida Statutes, are amended to read:
31 455.501 Definitions.--As used in this part, the term:
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CS/HB 1467, First Engrossed
1 (4) "Health care practitioner" means any person
2 licensed under s. 400.211; chapter 457; chapter 458; chapter
3 459; chapter 460; chapter 461; chapter 462; chapter 463;
4 chapter 464; chapter 465; chapter 466; chapter 467; part I,
5 part II, part III, part V, or part X, part XIII, or part XIV
6 of chapter 468; chapter 478; chapter 480; part III or part IV
7 of chapter 483; chapter 484; chapter 486; chapter 490; or
8 chapter 491.
9 (6) "Licensee" means any person or entity issued a
10 permit, registration, certificate, or license by the
11 department.
12 Section 7. Section 455.507, Florida Statutes, is
13 amended to read:
14 455.507 Members of Armed Forces in good standing with
15 administrative boards or department.--
16 (1) Any member of the Armed Forces of the United
17 States now or hereafter on active duty who, at the time of his
18 becoming such a member, was in good standing with any
19 administrative board of the state, or the department when
20 there is no board, and was entitled to practice or engage in
21 his or her profession or vocation in the state shall be kept
22 in good standing by such administrative board, or the
23 department when there is no board, without registering, paying
24 dues or fees, or performing any other act on his or her part
25 to be performed, as long as he or she is a member of the Armed
26 Forces of the United States on active duty and for a period of
27 6 months after his discharge from active duty as a member of
28 the Armed Forces of the United States, provided he or she is
29 not engaged in his or her licensed profession or vocation in
30 the private sector for profit.
31
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CS/HB 1467, First Engrossed
1 (2) The boards listed in s. ss. 20.165 and 20.43, or
2 the department when there is no board, shall adopt rules
3 exempting the spouses of members of the Armed Forces of the
4 United States from licensure renewal provisions, but only in
5 cases of absence from the state because of their spouses'
6 duties with the Armed Forces.
7 Section 8. Section 455.521, Florida Statutes, 1998
8 Supplement, is amended to read:
9 455.521 Department; powers and duties.--The
10 department, for the professions boards under its jurisdiction,
11 shall:
12 (1) Adopt rules establishing a procedure for the
13 biennial renewal of licenses; however, the department may
14 issue up to a 4-year license to selected licensees
15 notwithstanding any other provisions of law to the contrary.
16 Fees for such renewal shall not exceed the fee caps for
17 individual professions on an annualized basis as authorized by
18 law.
19 (2) Appoint the executive director of each board,
20 subject to the approval of the board.
21 (3) Submit an annual budget to the Legislature at a
22 time and in the manner provided by law.
23 (4) Develop a training program for persons newly
24 appointed to membership on any board. The program shall
25 familiarize such persons with the substantive and procedural
26 laws and rules and fiscal information relating to the
27 regulation of the appropriate profession and with the
28 structure of the department.
29 (5) Adopt rules pursuant to ss. 120.536(1) and 120.54
30 to implement the provisions of this part.
31
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1 (6) Establish by rules procedures by which the
2 department shall use the expert or technical advice of the
3 appropriate board for the purposes of investigation,
4 inspection, evaluation of applications, other duties of the
5 department, or any other areas the department may deem
6 appropriate.
7 (7) Require all proceedings of any board or panel
8 thereof and all formal or informal proceedings conducted by
9 the department, an administrative law judge, or a hearing
10 officer with respect to licensing or discipline to be
11 electronically recorded in a manner sufficient to assure the
12 accurate transcription of all matters so recorded.
13 (8) Select only those investigators, or consultants
14 who undertake investigations, who meet criteria established
15 with the advice of the respective boards.
16 (9) Allow applicants for new or renewal licenses and
17 current licensees to be screened by the Title IV-D child
18 support agency pursuant to s. 409.2598 to assure compliance
19 with a support obligation. The purpose of this subsection is
20 to promote the public policy of this state as established in
21 s. 409.2551. The department shall, when directed by the court,
22 suspend or deny the license of any licensee found to have a
23 delinquent support obligation. The department shall issue or
24 reinstate the license without additional charge to the
25 licensee when notified by the court that the licensee has
26 complied with the terms of the court order. The department
27 shall not be held liable for any license denial or suspension
28 resulting from the discharge of its duties under this
29 subsection.
30 Section 9.
31
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1 Section 10. Paragraph (k) of subsection (2) of section
2 455.557, Florida Statutes, 1998 Supplement, is amended to
3 read:
4 455.557 Standardized credentialing for health care
5 practitioners.--
6 (2) DEFINITIONS.--As used in this section, the term:
7 (k) "Health care practitioner" means any person
8 licensed, or, for credentialing purposes only, any person
9 applying for licensure, under chapter 458, chapter 459,
10 chapter 460, or chapter 461 or any person licensed under a
11 chapter subsequently made subject to this section by the
12 department with the approval of the applicable board, except a
13 person registered or applying for registration pursuant to s.
14 458.345 or 459.021.
15 Section 11. Subsections (1), (2), (6), (7), (8), and
16 (9) of section 455.564, Florida Statutes, 1998 Supplement, are
17 amended to read:
18 455.564 Department; general licensing provisions.--
19 (1) Any person desiring to be licensed in a profession
20 within the jurisdiction of the department shall apply to the
21 department in writing to take the licensure examination. The
22 application shall be made on a form prepared and furnished by
23 the department and shall require the social security number of
24 the applicant. The form shall be supplemented as needed to
25 reflect any material change in any circumstance or condition
26 stated in the application which takes place between the
27 initial filing of the application and the final grant or
28 denial of the license and which might affect the decision of
29 the department. An incomplete application shall expire 1 year
30 after initial filing. In order to further the economic
31 development goals of the state, and notwithstanding any law to
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CS/HB 1467, First Engrossed
1 the contrary, the department may enter into an agreement with
2 the county tax collector for the purpose of appointing the
3 county tax collector as the department's agent to accept
4 applications for licenses and applications for renewals of
5 licenses. The agreement must specify the time within which the
6 tax collector must forward any applications and accompanying
7 application fees to the department.
8 (2) Before the issuance of any license, the department
9 may charge an initial license fee as determined by rule of the
10 applicable board or, if no such board exists, by rule of the
11 department. Upon receipt of the appropriate license fee, the
12 department shall issue a license to any person certified by
13 the appropriate board, or its designee, as having met the
14 licensure requirements imposed by law or rule. The license
15 licensee shall consist of be issued a wallet-size
16 identification card and a wall card measuring 6 1/2 inches by
17 5 inches. In addition to the two-part license, the department,
18 at the time of initial licensure, shall issue a wall
19 certificate suitable for conspicuous display, which shall be
20 no smaller than 8 1/2 inches by 14 inches. The licensee shall
21 surrender to the department the wallet-size identification
22 card, the wall card, and the wall certificate, if one has been
23 issued by the department, if the licensee's license is
24 suspended or revoked. The department shall promptly return the
25 wallet-size identification card and the wall certificate to
26 the licensee upon reinstatement of a suspended or revoked
27 license.
28 (6) As a condition of renewal of a license, the Board
29 of Medicine, the Board of Osteopathic Medicine, the Board of
30 Chiropractic Medicine, and the Board of Podiatric Medicine
31 shall each require licensees which they respectively regulate
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1 to periodically demonstrate their professional competency by
2 completing at least 40 hours of continuing education every 2
3 years, which may include up to 1 hour of risk management or
4 cost containment and up to 2 hours of other topics related to
5 the applicable medical specialty, if required by board rule.
6 The boards may require by rule that up to 1 hour of the
7 required 40 or more hours be in the area of risk management or
8 cost containment. This provision shall not be construed to
9 limit the number of hours that a licensee may obtain in risk
10 management or cost containment to be credited toward
11 satisfying the 40 or more required hours. This provision shall
12 not be construed to require the boards to impose any
13 requirement on licensees except for the completion of at least
14 40 hours of continuing education every 2 years. Each of such
15 boards shall determine whether any specific continuing
16 education course requirements not otherwise mandated by law
17 shall be mandated and shall approve criteria for, and the
18 content of, any continuing education course mandated by such
19 board. Notwithstanding any other provision of law, the board,
20 or the department when there is no board, may approve by rule
21 alternative methods of obtaining continuing education credits
22 in risk management. The alternative methods may include
23 attending a board meeting at which another a licensee is
24 disciplined, serving as a volunteer expert witness for the
25 department in a disciplinary case, or serving as a member of a
26 probable cause panel following the expiration of a board
27 member's term. Other boards within the Division of Medical
28 Quality Assurance, or the department if there is no board, may
29 adopt rules granting continuing education hours in risk
30 management for attending a board meeting at which another
31 licensee is disciplined, serving as a volunteer expert witness
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1 for the department in a disciplinary case, or serving as a
2 member of a probable cause panel following the expiration of a
3 board member's term.
4 (7) The respective boards within the jurisdiction of
5 the department, or the department when there is no board, may
6 adopt rules to provide for the use of approved videocassette
7 courses, not to exceed 5 hours per subject, to fulfill the
8 continuing education requirements of the professions they
9 regulate. Such rules shall provide for prior board approval of
10 the board, or the department when there is no board, of the
11 criteria for and content of such courses and shall provide for
12 a videocassette course validation form to be signed by the
13 vendor and the licensee and submitted to the department, along
14 with the license renewal application, for continuing education
15 credit.
16 (8) Any board that currently requires continuing
17 education for renewal of a license, or the department if there
18 is no board, shall adopt rules to establish the criteria for
19 continuing education courses. The rules may provide that up
20 to a maximum of 25 percent of the required continuing
21 education hours can be fulfilled by the performance of pro
22 bono services to the indigent or to underserved populations or
23 in areas of critical need within the state where the licensee
24 practices. The board, or the department if there is no board,
25 must require that any pro bono services be approved in advance
26 in order to receive credit for continuing education under this
27 subsection. The standard for determining indigency shall be
28 that recognized by the Federal Poverty Income Guidelines
29 produced by the United States Department of Health and Human
30 Services. The rules may provide for approval by the board, or
31 the department if there is no board, that a part of the
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1 continuing education hours can be fulfilled by performing
2 research in critical need areas or for training leading to
3 advanced professional certification. The board, or the
4 department if there is no board, may make rules to define
5 underserved and critical need areas. The department shall
6 adopt rules for administering continuing education
7 requirements adopted by the boards or the department if there
8 is no board.
9 (9) Notwithstanding any law to the contrary, an
10 elected official who is licensed under a practice act
11 administered by the Division of Medical Health Quality
12 Assurance may hold employment for compensation with any public
13 agency concurrent with such public service. Such dual service
14 must be disclosed according to any disclosure required by
15 applicable law.
16 Section 12. Subsections (1) and (4) of section
17 455.565, Florida Statutes, 1998 Supplement, are amended to
18 read:
19 455.565 Designated health care professionals;
20 information required for licensure.--
21 (1) Each person who applies for initial licensure as a
22 physician under chapter 458, chapter 459, chapter 460, or
23 chapter 461, except a person applying for registration
24 pursuant to s. 458.345 or s. 459.021, must, at the time of
25 application, and each physician who applies for license
26 renewal under chapter 458, chapter 459, chapter 460, or
27 chapter 461, except a person registered pursuant to s. 458.345
28 or s. 459.021, must, in conjunction with the renewal of such
29 license and under procedures adopted by the Department of
30 Health, and in addition to any other information that may be
31
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1 required from the applicant, furnish the following information
2 to the Department of Health:
3 (a)1. The name of each medical school that the
4 applicant has attended, with the dates of attendance and the
5 date of graduation, and a description of all graduate medical
6 education completed by the applicant, excluding any coursework
7 taken to satisfy medical licensure continuing education
8 requirements.
9 2. The name of each hospital at which the applicant
10 has privileges.
11 3. The address at which the applicant will primarily
12 conduct his or her practice.
13 4. Any certification that the applicant has received
14 from a specialty board that is recognized by the board to
15 which the applicant is applying.
16 5. The year that the applicant began practicing
17 medicine in any jurisdiction.
18 6. Any appointment to the faculty of a medical school
19 which the applicant currently holds and an indication as to
20 whether the applicant has had the responsibility for graduate
21 medical education within the most recent 10 years.
22 7. A description of any criminal offense of which the
23 applicant has been found guilty, regardless of whether
24 adjudication of guilt was withheld, or to which the applicant
25 has pled guilty or nolo contendere. A criminal offense
26 committed in another jurisdiction which would have been a
27 felony or misdemeanor if committed in this state must be
28 reported. If the applicant indicates that a criminal offense
29 is under appeal and submits a copy of the notice for appeal of
30 that criminal offense, the department must state that the
31 criminal offense is under appeal if the criminal offense is
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1 reported in the applicant's profile. If the applicant
2 indicates to the department that a criminal offense is under
3 appeal, the applicant must, upon disposition of the appeal,
4 submit to the department a copy of the final written order of
5 disposition.
6 8. A description of any final disciplinary action
7 taken within the previous 10 years against the applicant by
8 the agency regulating the profession that the applicant is or
9 has been licensed to practice, whether in this state or in any
10 other jurisdiction, by a specialty board that is recognized by
11 the American Board of Medical Specialities, the American
12 Osteopathic Association, or a similar national organization,
13 or by a licensed hospital, health maintenance organization,
14 prepaid health clinic, ambulatory surgical center, or nursing
15 home. Disciplinary action includes resignation from or
16 nonrenewal of medical staff membership or the restriction of
17 privileges at a licensed hospital, health maintenance
18 organization, prepaid health clinic, ambulatory surgical
19 center, or nursing home taken in lieu of or in settlement of a
20 pending disciplinary case related to competence or character.
21 If the applicant indicates that the disciplinary action is
22 under appeal and submits a copy of the document initiating an
23 appeal of the disciplinary action, the department must state
24 that the disciplinary action is under appeal if the
25 disciplinary action is reported in the applicant's profile.
26 (b) In addition to the information required under
27 paragraph (a), each applicant who seeks licensure under
28 chapter 458, chapter 459, or chapter 461, and who has
29 practiced previously in this state or in another jurisdiction
30 or a foreign country must provide the information required of
31 licensees under those chapters pursuant to s. 455.697. An
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1 applicant for licensure under chapter 460 who has practiced
2 previously in this state or in another jurisdiction or a
3 foreign country must provide the same information as is
4 required of licensees under chapter 458, pursuant to s.
5 455.697.
6 (4)(a) An applicant for initial licensure must submit
7 a set of fingerprints to the Department of Health in
8 accordance with s. 458.311, s. 458.3115, s. 458.3124, s.
9 458.313, s. 459.0055, s. 460.406, or s. 461.006.
10 (b) An applicant for renewed licensure who received an
11 initial license in this state after January 1, 1992, must
12 submit a set of fingerprints for the initial renewal of his or
13 her license after January 1, 2000, to the agency regulating
14 that profession in accordance with procedures established
15 under s. 458.319, s. 459.008, s. 460.407, or s. 461.007.
16 (c) The Department of Health shall submit the
17 fingerprints provided by an applicant for initial licensure to
18 the Florida Department of Law Enforcement for a statewide
19 criminal history check, and the Florida Department of Law
20 Enforcement shall forward the fingerprints to the Federal
21 Bureau of Investigation for a national criminal history check
22 of the applicant. The department shall submit the fingerprints
23 provided by an applicant for a renewed license who received an
24 initial license in this state after January 1, 1992, to the
25 Florida Department of Law Enforcement for a statewide criminal
26 history check, and the Florida Department of Law Enforcement
27 shall forward the fingerprints to the Federal Bureau of
28 Investigation for a national criminal history check for the
29 initial renewal of the applicant's license after January 1,
30 2000.; For any subsequent renewal of the applicant's license
31 and of any applicant who received an initial license in this
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CS/HB 1467, First Engrossed
1 state on or before January 1, 1992, the department shall
2 submit the required information for a statewide criminal
3 history check of the applicant.
4 Section 13. Present subsections (5), (6), and (7) of
5 section 455.5651, Florida Statutes, 1998 Supplement, are
6 renumbered as subsections (6), (7), and (8), respectively, and
7 a new subsection (5) is added to that section, to read:
8 455.5651 Practitioner profile; creation.--
9 (5) The Department of Health may not include
10 disciplinary action taken by a licensed hospital or an
11 ambulatory surgical center in the practitioner profile.
12 Section 14. Section 455.567, Florida Statutes, is
13 amended to read:
14 455.567 Sexual misconduct; disqualification for
15 license, certificate, or registration.--
16 (1) Sexual misconduct in the practice of a health care
17 profession means violation of the professional relationship
18 through which the health care practitioner uses such
19 relationship to engage or attempt to engage the patient or
20 client, or an immediate family member of the patient or client
21 in, or to induce or attempt to induce such person to engage
22 in, verbal or physical sexual activity outside the scope of
23 the professional practice of such health care profession.
24 Sexual misconduct in the practice of a health care profession
25 is prohibited.
26 (2) Each board within the jurisdiction of the
27 department, or the department if there is no board, shall
28 refuse to admit a candidate to any examination and refuse to
29 issue a license, certificate, or registration to any applicant
30 if the candidate or applicant has:
31
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1 (a)(1) Had any license, certificate, or registration
2 to practice any profession or occupation revoked or
3 surrendered based on a violation of sexual misconduct in the
4 practice of that profession under the laws of any other state
5 or any territory or possession of the United States and has
6 not had that license, certificate, or registration reinstated
7 by the licensing authority of the jurisdiction that revoked
8 the license, certificate, or registration; or
9 (b)(2) Committed any act in any other state or any
10 territory or possession of the United States which if
11 committed in this state would constitute sexual misconduct.
12
13 For purposes of this subsection, a licensing authority's
14 acceptance of a candidate's relinquishment of a license which
15 is offered in response to or in anticipation of the filing of
16 administrative charges against the candidate's license
17 constitutes the surrender of the license.
18 Section 15. Subsection (2) of section 455.574, Florida
19 Statutes, 1998 Supplement, is amended to read:
20 455.574 Department of Health; examinations.--
21 (2) For each examination developed by the department
22 or a contracted vendor, the board, or the department when
23 there is no board, shall adopt rules providing for
24 reexamination of any applicants who failed an examination
25 developed by the department or a contracted vendor. If both a
26 written and a practical examination are given, an applicant
27 shall be required to retake only the portion of the
28 examination on which the applicant failed to achieve a passing
29 grade, if the applicant successfully passes that portion
30 within a reasonable time, as determined by rule of the board,
31 or the department when there is no board, of passing the other
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CS/HB 1467, First Engrossed
1 portion. Except for national examinations approved and
2 administered pursuant to this section, the department shall
3 provide procedures for applicants who fail an examination
4 developed by the department or a contracted vendor to review
5 their examination questions, answers, papers, grades, and
6 grading key for the questions the candidate answered
7 incorrectly or, if not feasible, the parts of the examination
8 failed. Applicants shall bear the actual cost for the
9 department to provide examination review pursuant to this
10 subsection. An applicant may waive in writing the
11 confidentiality of the applicant's examination grades.
12 Section 16. Subsection (1) of section 455.587, Florida
13 Statutes, is amended, present subsections (2) through (7) are
14 renumbered as subsections (3) through (8), respectively, and a
15 new subsection (2) is added to that section, to read:
16 455.587 Fees; receipts; disposition for boards within
17 the department.--
18 (1) Each board within the jurisdiction of the
19 department, or the department when there is no board, shall
20 determine by rule the amount of license fees for the its
21 profession it regulates, based upon long-range estimates
22 prepared by the department of the revenue required to
23 implement laws relating to the regulation of professions by
24 the department and the board. Each board, or the department
25 if there is no board, shall ensure that license fees are
26 adequate to cover all anticipated costs and to maintain a
27 reasonable cash balance, as determined by rule of the agency,
28 with advice of the applicable board. If sufficient action is
29 not taken by a board within 1 year after notification by the
30 department that license fees are projected to be inadequate,
31 the department shall set license fees on behalf of the
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CS/HB 1467, First Engrossed
1 applicable board to cover anticipated costs and to maintain
2 the required cash balance. The department shall include
3 recommended fee cap increases in its annual report to the
4 Legislature. Further, it is the legislative intent that no
5 regulated profession operate with a negative cash balance. The
6 department may provide by rule for advancing sufficient funds
7 to any profession operating with a negative cash balance. The
8 advancement may be for a period not to exceed 2 consecutive
9 years, and the regulated profession must pay interest.
10 Interest shall be calculated at the current rate earned on
11 investments of a trust fund used by the department to
12 implement this part. Interest earned shall be allocated to the
13 various funds in accordance with the allocation of investment
14 earnings during the period of the advance.
15 (2) Each board, or the department if there is no
16 board, may charge a fee not to exceed $25, as determined by
17 rule, for the issuance of a wall certificate pursuant to s.
18 455.564(2) requested by a licensee who was licensed prior to
19 July 1, 1998, or for the issuance of a duplicate wall
20 certificate requested by any licensee.
21 Section 17. Subsections (1) and (6) of section
22 455.604, Florida Statutes, 1998 Supplement, are amended to
23 read:
24 455.604 Requirement for instruction for certain
25 licensees on human immunodeficiency virus and acquired immune
26 deficiency syndrome.--
27 (1) The appropriate board shall require each person
28 licensed or certified under chapter 457; chapter 458; chapter
29 459; chapter 460; chapter 461; chapter 463; chapter 464;
30 chapter 465; chapter 466; part II, part III, or part V, or
31 part X of chapter 468; or chapter 486 to complete a continuing
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CS/HB 1467, First Engrossed
1 educational course, approved by the board, on human
2 immunodeficiency virus and acquired immune deficiency syndrome
3 as part of biennial relicensure or recertification. The course
4 shall consist of education on the modes of transmission,
5 infection control procedures, clinical management, and
6 prevention of human immunodeficiency virus and acquired immune
7 deficiency syndrome. Such course shall include information on
8 current Florida law on acquired immune deficiency syndrome and
9 its impact on testing, confidentiality of test results,
10 treatment of patients, and any protocols and procedures
11 applicable to human immunodeficiency virus counseling and
12 testing, reporting, the offering of HIV testing to pregnant
13 women, and partner notification issues pursuant to ss. 381.004
14 and 384.25.
15 (6) The board shall require as a condition of granting
16 a license under the chapters and parts specified in subsection
17 (1) that an applicant making initial application for licensure
18 complete an educational course acceptable to the board on
19 human immunodeficiency virus and acquired immune deficiency
20 syndrome. An applicant who has not taken a course at the time
21 of licensure shall, upon an affidavit showing good cause, be
22 allowed 6 months to complete this requirement.
23 Section 18. Subsection (1) of section 455.607, Florida
24 Statutes, is amended to read:
25 455.607 Athletic trainers and massage therapists;
26 requirement for instruction on human immunodeficiency virus
27 and acquired immune deficiency syndrome.--
28 (1) The board, or the department where there is no
29 board, shall require each person licensed or certified under
30 part XIII XIV of chapter 468 or chapter 480 to complete a
31 continuing educational course approved by the board, or the
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CS/HB 1467, First Engrossed
1 department where there is no board, on human immunodeficiency
2 virus and acquired immune deficiency syndrome as part of
3 biennial relicensure or recertification. The course shall
4 consist of education on modes of transmission, infection
5 control procedures, clinical management, and prevention of
6 human immunodeficiency virus and acquired immune deficiency
7 syndrome, with an emphasis on appropriate behavior and
8 attitude change.
9 Section 19. Paragraphs (t), (u), (v), (w), and (x) are
10 added to subsection (1) of section 455.624, Florida Statutes,
11 subsection (2) of that section is amended, present subsection
12 (3) of that section is renumbered as subsection (4) and
13 amended, present subsections (4) and (5) of that subsection
14 are renumbered as subsections (5) and (6), respectively, and a
15 new subsection (3) is added to that section, to read:
16 455.624 Grounds for discipline; penalties;
17 enforcement.--
18 (1) The following acts shall constitute grounds for
19 which the disciplinary actions specified in subsection (2) may
20 be taken:
21 (t) Failing to comply with the requirements of ss.
22 381.026 and 381.0261 to provide patients with information
23 about their patient rights and how to file a patient
24 complaint.
25 (u) Engaging or attempting to engage a patient or
26 client in verbal or physical sexual activity. For the purposes
27 of this section, a patient or client shall be presumed to be
28 incapable of giving free, full, and informed consent to verbal
29 or physical sexual activity.
30 (v) Failing to comply with the requirements for
31 profiling and credentialing, including, but not limited to,
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1 failing to provide initial information, failing to timely
2 provide updated information, or making misleading, untrue,
3 deceptive, or fraudulent representations on a profile,
4 credentialing, or initial or renewal licensure application.
5 (w) Failing to report to the board, or the department
6 if there is no board, in writing within 30 days after the
7 licensee has been convicted or found guilty of, or entered a
8 plea of nolo contendere to, regardless of adjudication, a
9 crime in any jurisdiction. Convictions, findings,
10 adjudications, and pleas entered into prior to the enactment
11 of this paragraph must be reported in writing to the board, or
12 department if there is no board, on or before October 1, 1999.
13 (x) Using information about people involved in motor
14 vehicle accidents which has been derived from accident reports
15 made by law enforcement officers or persons involved in
16 accidents pursuant to s. 316.066, or using information
17 published in a newspaper or other news publication or through
18 a radio or television broadcast that has used information
19 gained from such reports, for the purposes of commercial or
20 any other solicitation whatsoever of the people involved in
21 such accidents.
22 (2) When the board, or the department when there is no
23 board, finds any person guilty of the grounds set forth in
24 subsection (1) or of any grounds set forth in the applicable
25 practice act, including conduct constituting a substantial
26 violation of subsection (1) or a violation of the applicable
27 practice act which occurred prior to obtaining a license, it
28 may enter an order imposing one or more of the following
29 penalties:
30 (a) Refusal to certify, or to certify with
31 restrictions, an application for a license.
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1 (b) Suspension or permanent revocation of a license.
2 (c) Restriction of practice.
3 (d) Imposition of an administrative fine not to exceed
4 $10,000 $5,000 for each count or separate offense.
5 (e) Issuance of a reprimand.
6 (f) Placement of the licensee on probation for a
7 period of time and subject to such conditions as the board, or
8 the department when there is no board, may specify. Those
9 conditions may include, but are not limited to, requiring the
10 licensee to undergo treatment, attend continuing education
11 courses, submit to be reexamined, work under the supervision
12 of another licensee, or satisfy any terms which are reasonably
13 tailored to the violations found.
14 (g) Corrective action.
15 (h) Imposition of an administrative fine in accordance
16 with s. 381.0261 for violations regarding patient rights.
17
18 In determining what action is appropriate, the board, or
19 department when there is no board, must first consider what
20 sanctions are necessary to protect the public or to compensate
21 the patient. Only after those sanctions have been imposed may
22 the disciplining authority consider and include in the order
23 requirements designed to rehabilitate the practitioner. All
24 costs associated with compliance with orders issued under this
25 subsection are the obligation of the practitioner.
26 (3) Notwithstanding subsection (2), if the ground for
27 disciplinary action is the first-time failure of the licensee
28 to satisfy continuing education requirements established by
29 the board, or by the department if there is no board, the
30 board or department, as applicable, shall issue a citation in
31 accordance with s. 455.617 and assess a fine, as determined by
33
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1 the board or department by rule. In addition, for each hour of
2 continuing education not completed or completed late, the
3 board or department, as applicable, may require the licensee
4 to take 1 additional hour of continuing education for each
5 hour not completed or completed late.
6 (4)(3) In addition to any other discipline imposed
7 pursuant to this section or discipline imposed for a violation
8 of any practice act, the board, or the department when there
9 is no board, may assess costs related to the investigation and
10 prosecution of the case excluding costs associated with an
11 attorney's time. In any case where the board or the department
12 imposes a fine or assessment and the fine or assessment is not
13 paid within a reasonable time, such reasonable time to be
14 prescribed in the rules of the board, or the department when
15 there is no board, or in the order assessing such fines or
16 costs, the department or the Department of Legal Affairs may
17 contract for the collection of, or bring a civil action to
18 recover, the fine or assessment.
19 Section 20. Section 455.664, Florida Statutes, is
20 amended to read:
21 455.664 Advertisement by a health care practitioner
22 provider of free or discounted services; required
23 statement.--In any advertisement for a free, discounted fee,
24 or reduced fee service, examination, or treatment by a health
25 care practitioner provider licensed under chapter 458, chapter
26 459, chapter 460, chapter 461, chapter 462, chapter 463,
27 chapter 464, chapter 465, chapter 466, chapter 467, chapter
28 478, chapter 483, chapter 484, or chapter 486, chapter 490, or
29 chapter 491, the following statement shall appear in capital
30 letters clearly distinguishable from the rest of the text:
31 THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A
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1 RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR
2 PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT
3 IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING
4 TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED
5 FEE SERVICE, EXAMINATION, OR TREATMENT. However, the required
6 statement shall not be necessary as an accompaniment to an
7 advertisement of a licensed health care practitioner provider
8 defined by this section if the advertisement appears in a
9 classified directory the primary purpose of which is to
10 provide products and services at free, reduced, or discounted
11 prices to consumers and in which the statement prominently
12 appears in at least one place.
13 Section 21. Subsection (7) of section 455.667, Florida
14 Statutes, 1998 Supplement, is amended to read:
15 455.667 Ownership and control of patient records;
16 report or copies of records to be furnished.--
17 (7)(a)1. The department may obtain patient records and
18 insurance information, if the complaint being investigated
19 alleges inadequate medical care based on termination of
20 insurance. The department may obtain patient access these
21 records pursuant to a subpoena without written authorization
22 from the patient if the department and the probable cause
23 panel of the appropriate board, if any, find reasonable cause
24 to believe that a health care practitioner has excessively or
25 inappropriately prescribed any controlled substance specified
26 in chapter 893 in violation of this part or any professional
27 practice act or that a health care practitioner has practiced
28 his or her profession below that level of care, skill, and
29 treatment required as defined by this part or any professional
30 practice act; provided, however, the and also find that
31
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1 appropriate, reasonable attempts were made to obtain a patient
2 release.
3 2. The department may obtain patient records and
4 insurance information pursuant to a subpoena without written
5 authorization from the patient if the department and the
6 probable cause panel of the appropriate board, if any, find
7 reasonable cause to believe that a health care practitioner
8 has provided inadequate medical care based on termination of
9 insurance and also find that appropriate, reasonable attempts
10 were made to obtain a patient release.
11 3. The department may obtain patient records, billing
12 records, insurance information, provider contracts, and all
13 attachments thereto pursuant to a subpoena without written
14 authorization from the patient if the department and probable
15 cause panel of the appropriate board, if any, find reasonable
16 cause to believe that a health care practitioner has submitted
17 a claim, statement, or bill using a billing code that would
18 result in payment greater in amount than would be paid using a
19 billing code that accurately describes the services performed,
20 requested payment for services that were not performed by that
21 health care practitioner, used information derived from a
22 written report of an automobile accident generated pursuant to
23 chapter 316 to solicit or obtain patients personally or
24 through an agent regardless of whether the information is
25 derived directly from the report or a summary of that report
26 or from another person, solicited patients fraudulently,
27 received a kickback as defined in s. 455.657, violated the
28 patient brokering provisions of s. 817.505, or presented or
29 caused to be presented a false or fraudulent insurance claim
30 within the meaning of s. 817.234(1)(a), and also find that,
31 within the meaning of s. 817.234(1)(a), patient authorization
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1 cannot be obtained because the patient cannot be located or is
2 deceased, incapacitated, or suspected of being a participant
3 in the fraud or scheme, and if the subpoena is issued for
4 specific and relevant records.
5 (b) Patient records, billing records, insurance
6 information, provider contracts, and all attachments thereto
7 record obtained by the department pursuant to this subsection
8 shall be used solely for the purpose of the department and the
9 appropriate regulatory board in disciplinary proceedings. The
10 records shall otherwise be confidential and exempt from s.
11 119.07(1). This section does not limit the assertion of the
12 psychotherapist-patient privilege under s. 90.503 in regard to
13 records of treatment for mental or nervous disorders by a
14 medical practitioner licensed pursuant to chapter 458 or
15 chapter 459 who has primarily diagnosed and treated mental and
16 nervous disorders for a period of not less than 3 years,
17 inclusive of psychiatric residency. However, the health care
18 practitioner shall release records of treatment for medical
19 conditions even if the health care practitioner has also
20 treated the patient for mental or nervous disorders. If the
21 department has found reasonable cause under this section and
22 the psychotherapist-patient privilege is asserted, the
23 department may petition the circuit court for an in camera
24 review of the records by expert medical practitioners
25 appointed by the court to determine if the records or any part
26 thereof are protected under the psychotherapist-patient
27 privilege.
28 Section 22. Subsection (16) of section 455.667,
29 Florida Statutes, is amended to read:
30 455.667 Ownership and control of patient records;
31 report or copies of records to be furnished.--
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1 (16) A health care practitioner or records owner
2 furnishing copies of reports or records or making the reports
3 or records available for digital scanning pursuant to this
4 section shall charge no more than the actual cost of copying,
5 including reasonable staff time, or the amount specified in
6 administrative rule by the appropriate board, or the
7 department when there is no board.
8 Section 23. Subsection (3) is added to section
9 455.687, Florida Statutes, to read:
10 455.687 Certain health care practitioners; immediate
11 suspension of license.--
12 (3) The department may issue an emergency order
13 suspending or restricting the license of any health care
14 practitioner as defined in s. 455.501(4) who tests positive
15 for any drug on any government or private-sector preemployment
16 or employer-ordered confirmed drug test, as defined in s.
17 112.0455, when the practitioner does not have a lawful
18 prescription and legitimate medical reason for using such
19 drug. The practitioner shall be given 48 hours from the time
20 of notification to the practitioner of the confirmed test
21 result to produce a lawful prescription for the drug before an
22 emergency order is issued.
23 Section 24. Section 455.694, Florida Statutes, 1998
24 Supplement, is amended to read:
25 455.694 Financial responsibility requirements for
26 Boards regulating certain health care practitioners.--
27 (1) As a prerequisite for licensure or license
28 renewal, the Board of Acupuncture, the Board of Chiropractic
29 Medicine, the Board of Podiatric Medicine, and the Board of
30 Dentistry shall, by rule, require that all health care
31 practitioners licensed under the respective board, and the
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1 Board of Nursing shall, by rule, require that advanced
2 registered nurse practitioners certified under s. 464.012, and
3 the department shall, by rule, require that midwives maintain
4 medical malpractice insurance or provide proof of financial
5 responsibility in an amount and in a manner determined by the
6 board or department to be sufficient to cover claims arising
7 out of the rendering of or failure to render professional care
8 and services in this state.
9 (2) The board or department may grant exemptions upon
10 application by practitioners meeting any of the following
11 criteria:
12 (a) Any person licensed under chapter 457, chapter
13 460, chapter 461, s. 464.012, or chapter 466, or chapter 467
14 who practices exclusively as an officer, employee, or agent of
15 the Federal Government or of the state or its agencies or its
16 subdivisions. For the purposes of this subsection, an agent
17 of the state, its agencies, or its subdivisions is a person
18 who is eligible for coverage under any self-insurance or
19 insurance program authorized by the provisions of s.
20 768.28(15) or who is a volunteer under s. 110.501(1).
21 (b) Any person whose license or certification has
22 become inactive under chapter 457, chapter 460, chapter 461,
23 chapter 464, or chapter 466, or chapter 467 and who is not
24 practicing in this state. Any person applying for
25 reactivation of a license must show either that such licensee
26 maintained tail insurance coverage which provided liability
27 coverage for incidents that occurred on or after October 1,
28 1993, or the initial date of licensure in this state,
29 whichever is later, and incidents that occurred before the
30 date on which the license became inactive; or such licensee
31 must submit an affidavit stating that such licensee has no
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1 unsatisfied medical malpractice judgments or settlements at
2 the time of application for reactivation.
3 (c) Any person holding a limited license pursuant to
4 s. 455.561, and practicing under the scope of such limited
5 license.
6 (d) Any person licensed or certified under chapter
7 457, chapter 460, chapter 461, s. 464.012, or chapter 466, or
8 chapter 467 who practices only in conjunction with his or her
9 teaching duties at an accredited school or in its main
10 teaching hospitals. Such person may engage in the practice of
11 medicine to the extent that such practice is incidental to and
12 a necessary part of duties in connection with the teaching
13 position in the school.
14 (e) Any person holding an active license or
15 certification under chapter 457, chapter 460, chapter 461, s.
16 464.012, or chapter 466, or chapter 467 who is not practicing
17 in this state. If such person initiates or resumes practice
18 in this state, he or she must notify the department of such
19 activity.
20 (f) Any person who can demonstrate to the board or
21 department that he or she has no malpractice exposure in the
22 state.
23 (3) Notwithstanding the provisions of this section,
24 the financial responsibility requirements of ss. 458.320 and
25 459.0085 shall continue to apply to practitioners licensed
26 under those chapters.
27 Section 25. Section 455.712, Florida Statutes, is
28 created to read:
29 455.712 Business establishments; requirements for
30 active status licenses.--
31
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1 (1) A business establishment regulated by the Division
2 of Medical Quality Assurance pursuant to this part may provide
3 regulated services only if the business establishment has an
4 active status license. A business establishment that provides
5 regulated services without an active status license is in
6 violation of this section and s. 455.624, and the board, or
7 the department if there is no board, may impose discipline on
8 the business establishment.
9 (2) A business establishment must apply with a
10 complete application, as defined by rule of the board, or the
11 department if there is no board, to renew an active status
12 license before the license expires. If a business
13 establishment fails to renew before the license expires, the
14 license becomes delinquent, except as otherwise provided in
15 statute, in the license cycle following expiration.
16 (3) A delinquent business establishment must apply
17 with a complete application, as defined by rule of the board,
18 or the department if there is no board, for active status
19 within 6 months after becoming delinquent. Failure of a
20 delinquent business establishment to renew the license within
21 the 6 months after the expiration date of the license renders
22 the license null without any further action by the board or
23 the department. Any subsequent licensure shall be as a result
24 of applying for and meeting all requirements imposed on a
25 business establishment for new licensure.
26 (4) The status or a change in status of a business
27 establishment license does not alter in any way the right of
28 the board, or of the department if there is no board, to
29 impose discipline or to enforce discipline previously imposed
30 on a business establishment for acts or omissions committed by
31
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1 the business establishment while holding a license, whether
2 active or null.
3 (5) This section applies to any a business
4 establishment registered, permitted, or licensed by the
5 department to do business. Business establishments include,
6 but are not limited to, dental laboratories, electrology
7 facilities, massage establishments, pharmacies, and health
8 care services pools.
9 Section 26. Subsection (7) is added to section
10 457.102, Florida Statutes, 1998 Supplement, to read:
11 457.102 Definitions.--As used in this chapter:
12 (7) "Prescriptive rights" means the prescription,
13 administration, and use of needles and devices, restricted
14 devices, and prescription devices that are used in the
15 practice of acupuncture and oriental medicine.
16 Section 27. Subsections (2) and (4) of section
17 458.307, Florida Statutes, 1998 Supplement, are amended to
18 read:
19 458.307 Board of Medicine.--
20 (2) Twelve members of the board must be licensed
21 physicians in good standing in this state who are residents of
22 the state and who have been engaged in the active practice or
23 teaching of medicine for at least 4 years immediately
24 preceding their appointment. One of the physicians must be on
25 the full-time faculty of a medical school in this state, and
26 one of the physicians must be in private practice and on the
27 full-time staff of a statutory teaching hospital in this state
28 as defined in s. 408.07. At least one of the physicians must
29 be a graduate of a foreign medical school. The remaining
30 three members must be residents of the state who are not, and
31 never have been, licensed health care practitioners. One
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1 member must be a health care hospital risk manager licensed
2 certified under s. 395.10974 part IX of chapter 626. At least
3 one member of the board must be 60 years of age or older.
4 (4) The board, in conjunction with the department,
5 shall establish a disciplinary training program for board
6 members. The program shall provide for initial and periodic
7 training in the grounds for disciplinary action, the actions
8 which may be taken by the board and the department, changes in
9 relevant statutes and rules, and any relevant judicial and
10 administrative decisions. After January 1, 1989, No member of
11 the board shall participate on probable cause panels or in
12 disciplinary decisions of the board unless he or she has
13 completed the disciplinary training program.
14 Section 28. Subsection (3) is added to section
15 458.309, Florida Statutes, 1998 Supplement, to read:
16 458.309 Authority to make rules.--
17 (3) All physicians which perform level 2 procedures
18 lasting more than 5 minutes and all level 3 surgical
19 procedures in an office setting must register the office with
20 the department unless that office is licensed as a facility
21 pursuant to chapter 395. Registration information shall not
22 include the specific type of surgery performed by the
23 physician. The department shall inspect the physician's office
24 annually unless the office is accredited by a nationally
25 recognized accrediting agency or an accrediting organzation
26 subsequently approved by the Board of Medicine. The actual
27 costs for registration and inspection or accrediatation shall
28 be paid by the person seeking to register and operate the
29 office setting in which office surgery is performed.
30 Section 29. Section 458.311, Florida Statutes, 1998
31 Supplement, is amended to read:
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1 458.311 Licensure by examination; requirements;
2 fees.--
3 (1) Any person desiring to be licensed as a physician,
4 who does not hold a valid license in any state, shall apply to
5 the department on forms furnished by the department to take
6 the licensure examination. The department shall license
7 examine each applicant who whom the board certifies:
8 (a) Has completed the application form and remitted a
9 nonrefundable application fee not to exceed $500 and an
10 examination fee not to exceed $300 plus the actual per
11 applicant cost to the department for purchase of the
12 examination from the Federation of State Medical Boards of the
13 United States or a similar national organization, which is
14 refundable if the applicant is found to be ineligible to take
15 the examination.
16 (b) Is at least 21 years of age.
17 (c) Is of good moral character.
18 (d) Has not committed any act or offense in this or
19 any other jurisdiction which would constitute the basis for
20 disciplining a physician pursuant to s. 458.331.
21 (e) For any applicant who has graduated from medical
22 school after October 1, 1992, has completed the equivalent of
23 2 academic years of preprofessional, postsecondary education,
24 as determined by rule of the board, which shall include, at a
25 minimum, courses in such fields as anatomy, biology, and
26 chemistry prior to entering medical school.
27 (f) Meets one of the following medical education and
28 postgraduate training requirements:
29 1.a. Is a graduate of an allopathic medical school or
30 allopathic college recognized and approved by an accrediting
31 agency recognized by the United States Office of Education or
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1 is a graduate of an allopathic medical school or allopathic
2 college within a territorial jurisdiction of the United States
3 recognized by the accrediting agency of the governmental body
4 of that jurisdiction;
5 b. If the language of instruction of the medical
6 school is other than English, has demonstrated competency in
7 English through presentation of a satisfactory grade on the
8 Test of Spoken English of the Educational Testing Service or a
9 similar test approved by rule of the board; and
10 c. Has completed an approved residency of at least 1
11 year.
12 2.a. Is a graduate of an allopathic a foreign medical
13 school registered with the World Health Organization and
14 certified pursuant to s. 458.314 as having met the standards
15 required to accredit medical schools in the United States or
16 reasonably comparable standards;
17 b. If the language of instruction of the foreign
18 medical school is other than English, has demonstrated
19 competency in English through presentation of the Educational
20 Commission for Foreign Medical Graduates English proficiency
21 certificate or by a satisfactory grade on the Test of Spoken
22 English of the Educational Testing Service or a similar test
23 approved by rule of the board; and
24 c. Has completed an approved residency of at least 1
25 year.
26 3.a. Is a graduate of an allopathic a foreign medical
27 school which has not been certified pursuant to s. 458.314;
28 b. Has had his or her medical credentials evaluated by
29 the Educational Commission for Foreign Medical Graduates,
30 holds an active, valid certificate issued by that commission,
31
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1 and has passed the examination utilized by that commission;
2 and
3 c. Has completed an approved residency of at least 1
4 year; however, after October 1, 1992, the applicant shall have
5 completed an approved residency or fellowship of at least 2
6 years in one specialty area. However, to be acceptable, the
7 fellowship experience and training must be counted toward
8 regular or subspecialty certification by a board recognized
9 and certified by the American Board of Medical Specialties.
10 (g) Has submitted to the department a set of
11 fingerprints on a form and under procedures specified by the
12 department, along with a payment in an amount equal to the
13 costs incurred by the Department of Health for the criminal
14 background check of the applicant.
15 (h) Has obtained a passing score, as established by
16 rule of the board, on the licensure examination of the United
17 States Medical Licensing Examination (USMLE); or a combination
18 of the United States Medical Licensing Examination (USMLE),
19 the examination of the Federation of State Medical Boards of
20 the United States, Inc. (FLEX), or the examination of the
21 National Board of Medical Examiners up to the year 2000; or
22 for the purpose of examination of any applicant who was
23 licensed on the basis of a state board examination and who is
24 currently licensed in at least one other jurisdiction of the
25 United States or Canada, and who has practiced pursuant to
26 such licensure for a period of at least 10 years, use of the
27 Special Purpose Examination of the Federation of State Medical
28 Boards of the United States (SPEX) upon receipt of a passing
29 score as established by rule of the board. However, for the
30 purpose of examination of any applicant who was licensed on
31 the basis of a state board examination prior to 1974, who is
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1 currently licensed in at least three other jurisdictions of
2 the United States or Canada, and who has practiced pursuant to
3 such licensure for a period of at least 20 years, this
4 paragraph does not apply.
5 (2) As prescribed by board rule, the board may require
6 an applicant who does not pass the national licensing
7 examination after five attempts to complete additional
8 remedial education or training. The board shall prescribe the
9 additional requirements in a manner that permits the applicant
10 to complete the requirements and be reexamined within 2 years
11 after the date the applicant petitions the board to retake the
12 examination a sixth or subsequent time.
13 (3) Notwithstanding the provisions of subparagraph
14 (1)(f)3., a graduate of a foreign medical school need not
15 present the certificate issued by the Educational Commission
16 for Foreign Medical Graduates or pass the examination utilized
17 by that commission if the graduate:
18 (a) Has received a bachelor's degree from an
19 accredited United States college or university.
20 (b) Has studied at a medical school which is
21 recognized by the World Health Organization.
22 (c) Has completed all of the formal requirements of
23 the foreign medical school, except the internship or social
24 service requirements, and has passed part I of the National
25 Board of Medical Examiners examination or the Educational
26 Commission for Foreign Medical Graduates examination
27 equivalent.
28 (d) Has completed an academic year of supervised
29 clinical training in a hospital affiliated with a medical
30 school approved by the Council on Medical Education of the
31 American Medical Association and upon completion has passed
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1 part II of the National Board of Medical Examiners examination
2 or the Educational Commission for Foreign Medical Graduates
3 examination equivalent.
4 (4) The department and the board shall assure that
5 applicants for licensure meet the criteria in subsection (1)
6 through an investigative process. When the investigative
7 process is not completed within the time set out in s.
8 120.60(1) and the department or board has reason to believe
9 that the applicant does not meet the criteria, the secretary
10 or the secretary's designee may issue a 90-day licensure delay
11 which shall be in writing and sufficient to notify the
12 applicant of the reason for the delay. The provisions of this
13 subsection shall control over any conflicting provisions of s.
14 120.60(1).
15 (5) The board may not certify to the department for
16 licensure any applicant who is under investigation in another
17 jurisdiction for an offense which would constitute a violation
18 of this chapter until such investigation is completed. Upon
19 completion of the investigation, the provisions of s. 458.331
20 shall apply. Furthermore, the department may not issue an
21 unrestricted license to any individual who has committed any
22 act or offense in any jurisdiction which would constitute the
23 basis for disciplining a physician pursuant to s. 458.331.
24 When the board finds that an individual has committed an act
25 or offense in any jurisdiction which would constitute the
26 basis for disciplining a physician pursuant to s. 458.331,
27 then the board may enter an order imposing one or more of the
28 terms set forth in subsection (9).
29 (6) Each applicant who passes the examination and
30 meets the requirements of this chapter shall be licensed as a
31 physician, with rights as defined by law.
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1 (7) Upon certification by the board, the department
2 shall impose conditions, limitations, or restrictions on a
3 license by examination if the applicant is on probation in
4 another jurisdiction for an act which would constitute a
5 violation of this chapter.
6 (8) When the board determines that any applicant for
7 licensure by examination has failed to meet, to the board's
8 satisfaction, each of the appropriate requirements set forth
9 in this section, it may enter an order requiring one or more
10 of the following terms:
11 (a) Refusal to certify to the department an
12 application for licensure, certification, or registration;
13 (b) Certification to the department of an application
14 for licensure, certification, or registration with
15 restrictions on the scope of practice of the licensee; or
16 (c) Certification to the department of an application
17 for licensure, certification, or registration with placement
18 of the physician on probation for a period of time and subject
19 to such conditions as the board may specify, including, but
20 not limited to, requiring the physician to submit to
21 treatment, attend continuing education courses, submit to
22 reexamination, or work under the supervision of another
23 physician.
24 (9)(a) Notwithstanding any of the provisions of this
25 section, an applicant who, at the time of his or her medical
26 education, was a citizen of the country of Nicaragua and, at
27 the time of application for licensure under this subsection,
28 is either a citizen of the country of Nicaragua or a citizen
29 of the United States may make initial application to the
30 department on or before July 1, 1992, for licensure subject to
31 this subsection and may reapply pursuant to board rule. Upon
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1 receipt of such application, the department shall issue a
2 2-year restricted license to any applicant therefor upon the
3 applicant's successful completion of the licensure examination
4 as described in paragraph (1)(a) and who the board certifies
5 has met the following requirements:
6 1. Is a graduate of a World Health Organization
7 recognized foreign medical institution located in a country in
8 the Western Hemisphere.
9 2. Received a medical education which has been
10 determined by the board to be substantially similar, at the
11 time of the applicant's graduation, to approved United States
12 medical programs.
13 3. Practiced medicine in the country of Nicaragua for
14 a period of 1 year prior to residing in the United States and
15 has lawful employment authority in the United States.
16 4. Has had his or her medical education verified by
17 the Florida Board of Medicine.
18 5. Successfully completed the Educational Commission
19 for Foreign Medical Graduates Examination or Foreign Medical
20 Graduate Examination in the Medical Sciences or successfully
21 completed a course developed for the University of Miami for
22 physician training equivalent to the course developed for such
23 purposes pursuant to chapter 74-105, Laws of Florida. No
24 person shall be permitted to enroll in the physician training
25 course until he or she has been certified by the board as
26 having met the requirements of this paragraph or conditionally
27 certified by the board as having substantially complied with
28 the requirements of this paragraph. Any person conditionally
29 certified by the board shall be required to establish, to the
30 board's satisfaction, full compliance with all the
31 requirements of this paragraph prior to completion of the
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1 physician training course and shall not be permitted to sit
2 for the licensure examination unless the board certifies that
3 all of the requirements of this paragraph have been met.
4
5 However, applicants eligible for licensure under s. 455.581 or
6 subsection (9), 1988 Supplement to the Florida Statutes 1987,
7 as amended by s. 18, chapter 89-162, Laws of Florida, and ss.
8 5 and 42, chapter 89-374, Laws of Florida, and renumbered as
9 subsection (8) by s. 5, chapter 89-374, Laws of Florida, shall
10 not be eligible to apply under this subsection.
11 (b) The holder of a restricted license issued pursuant
12 to this subsection may practice medicine for the first year
13 only under the direct supervision, as defined by board rule,
14 of a board-approved physician.
15 (c) Upon recommendation of the supervising physician
16 and demonstration of clinical competency to the satisfaction
17 of the board that the holder of a restricted license issued
18 pursuant to this subsection has practiced for 1 year under
19 direct supervision, such licenseholder shall work for 1 year
20 under general supervision, as defined by board rule, of a
21 Florida-licensed physician in an area of critical need as
22 determined by the board. Prior to commencing such
23 supervision, the supervising physician shall notify the board.
24 (d) Upon completion of the 1 year of work under
25 general supervision and demonstration to the board that the
26 holder of the restricted license has satisfactorily completed
27 the requirements of this subsection, and has not committed any
28 act or is not under investigation for any act which would
29 constitute a violation of this chapter, the department shall
30 issue an unrestricted license to such licenseholder.
31
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1 (e) Rules necessary to implement and carry out the
2 provisions of this subsection shall be promulgated by the
3 board.
4 (10) Notwithstanding any other provision of this
5 section, the department shall examine any person who meets the
6 criteria set forth in sub-subparagraph (1)(f)1.a.,
7 sub-subparagraphs (1)(f)3.a. and b., or subsection (3), if the
8 person:
9 (a) Submits proof of successful completion of Steps I
10 and II of the United States Medical Licensing Examination or
11 the equivalent, as defined by rule of the board;
12 (b) Is participating in an allocated slot in an
13 allopathic training program in this state on a full-time basis
14 at the time of examination;
15 (c) Makes a written request to the department that he
16 or she be administered the examination without applying for a
17 license as a physician in this state; and
18 (d) Remits a nonrefundable administration fee, not to
19 exceed $50, and an examination fee, not to exceed $300, plus
20 the actual cost per person to the department for the purchase
21 of the examination from the Federation of State Medical Boards
22 of the United States or a similar national organization. The
23 examination fee is refundable if the person is found to be
24 ineligible to take the examination.
25 Section 30. Section 458.3115, Florida Statutes, 1998
26 Supplement, is amended to read:
27 458.3115 Restricted license; certain foreign-licensed
28 physicians; United States Medical Licensing Examination
29 (USMLE) or agency-developed examination; restrictions on
30 practice; full licensure.--
31
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1 (1)(a) Notwithstanding any other provision of law, the
2 department agency shall provide procedures under which certain
3 physicians who are or were foreign-licensed and have practiced
4 medicine no less than 2 years may take the USMLE or an
5 agency-developed examination developed by the department, in
6 consultation with the board, to qualify for a restricted
7 license to practice medicine in this state. The
8 department-developed agency and board-developed examination
9 shall test the same areas of medical knowledge as the
10 Federation of State Medical Boards of the United States, Inc.
11 (FLEX) previously administered by the Florida Board of
12 Medicine to grant medical licensure in Florida. The
13 department-developed agency-developed examination must be made
14 available no later than December 31, 1998, to a physician who
15 qualifies for licensure. A person who is eligible to take and
16 elects to take the department-developed agency and
17 board-developed examination, who has previously passed part 1
18 or part 2 of the previously administered FLEX shall not be
19 required to retake or pass the equivalent parts of the
20 department-developed agency-developed examination, and may sit
21 for the department-developed agency and board-developed
22 examination five times within 5 years.
23 (b) A person who is eligible to take and elects to
24 take the USMLE who has previously passed part 1 or part 2 of
25 the previously administered FLEX shall not be required to
26 retake or pass the equivalent parts of the USMLE up to the
27 year 2000.
28 (c) A person shall be eligible to take such
29 examination for restricted licensure if the person:
30 1. Has taken, upon approval by the board, and
31 completed, in November 1990 or November 1992, one of the
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1 special preparatory medical update courses authorized by the
2 board and the University of Miami Medical School and
3 subsequently passed the final course examination; upon
4 approval by the board to take the course completed in 1990 or
5 in 1992, has a certificate of successful completion of that
6 course from the University of Miami or the Stanley H. Kaplan
7 course; or can document to the department that he or she was
8 one of the persons who took and successfully completed the
9 Stanley H. Kaplan course that was approved by the board of
10 Medicine and supervised by the University of Miami. At a
11 minimum, the documentation must include class attendance
12 records and the test score on the final course examination;
13 2. Applies to the department agency and submits an
14 application fee that is nonrefundable and equivalent to the
15 fee required for full licensure;
16 3. Documents no less than 2 years of the active
17 practice of medicine in another jurisdiction;
18 4. Submits an examination fee that is nonrefundable
19 and equivalent to the fee required for full licensure plus the
20 actual per-applicant cost to the department agency to provide
21 either examination described in this section;
22 5. Has not committed any act or offense in this or any
23 other jurisdiction that would constitute a substantial basis
24 for disciplining a physician under this chapter or part II of
25 chapter 455; and
26 6. Is not under discipline, investigation, or
27 prosecution in this or any other jurisdiction for an act that
28 would constitute a violation of this chapter or part II of
29 chapter 455 and that substantially threatened or threatens the
30 public health, safety, or welfare.
31
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1 (d) Every person eligible for restricted licensure
2 under this section may sit for the USMLE or the
3 department-developed agency and board-developed examination
4 five times within 5 calendar years. Applicants desiring to
5 use portions of the FLEX and the USMLE may do so up to the
6 year 2000. However, notwithstanding subparagraph (c)3.,
7 applicants applying under this section who fail the
8 examination up to a total of five times will only be required
9 to pay the examination fee required for full licensure for the
10 second and subsequent times they take the examination.
11 (e) The department Agency for Health Care
12 Administration and the board shall be responsible for working
13 with one or more organizations to offer a medical refresher
14 course designed to prepare applicants to take either licensure
15 examination described in this section. The organizations may
16 develop the medical refresher course, purchase such a course,
17 or contract for such a course from a private organization that
18 specializes in developing such courses.
19 (f) The course shall require no less than two 16-week
20 semesters of 16 contact hours per week for a total of 256
21 contact hours per student for each semester. The cost is to be
22 paid by the students taking the course.
23 (2)(a) Before the department agency may issue a
24 restricted license to an applicant under this section, the
25 applicant must have passed either of the two examinations
26 described in this section. However, the board may impose
27 reasonable restrictions on the applicant's license to
28 practice. These restrictions may include, but are not limited
29 to:
30
31
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1 1. Periodic and random department agency audits of the
2 licensee's patient records and review of those records by the
3 board or the department agency.
4 2. Periodic appearances of the licensee before the
5 board or the department agency.
6 3. Submission of written reports to the board or the
7 department agency.
8 (b) A restricted licensee under this section shall
9 practice under the supervision of a full licensee approved by
10 the board with the first year of the licensure period being
11 under direct supervision as defined by board rule and the
12 second year being under indirect supervision as defined by
13 board rule.
14 (c) The board may adopt rules necessary to implement
15 this subsection.
16 (3)(a) A restricted license issued by the department
17 agency under this section is valid for 2 years unless sooner
18 revoked or suspended, and a restricted licensee is subject to
19 the requirements of this chapter, part II of chapter 455, and
20 any other provision of law not in conflict with this section.
21 Upon expiration of such restricted license, a restricted
22 licensee shall become a full licensee if the restricted
23 licensee:
24 1. Is not under discipline, investigation, or
25 prosecution for a violation which poses a substantial threat
26 to the public health, safety, or welfare; and
27 2. Pays all renewal fees required of a full licensee.
28 (b) The department agency shall renew a restricted
29 license under this section upon payment of the same fees
30 required for renewal for a full license if the restricted
31 licensee is under discipline, investigation, or prosecution
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1 for a violation which posed or poses a substantial threat to
2 the public health, safety, or welfare and the board has not
3 permanently revoked the restricted license. A restricted
4 licensee who has renewed such restricted license shall become
5 eligible for full licensure when the licensee is no longer
6 under discipline, investigation, or prosecution.
7 (4) The board shall adopt rules necessary to carry out
8 the provisions of this section.
9 Section 31. Subsections (1), (2), and (8) of section
10 458.313, Florida Statutes, are amended to read:
11 458.313 Licensure by endorsement; requirements;
12 fees.--
13 (1) The department shall issue a license by
14 endorsement to any applicant who, upon applying to the
15 department on forms furnished by the department and remitting
16 a fee set by the board not to exceed $500 set by the board,
17 the board certifies:
18 (a) Has met the qualifications for licensure in s.
19 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);
20 (b) Prior to January 1, 2000, has obtained a passing
21 score, as established by rule of the board, on the licensure
22 examination of the Federation of State Medical Boards of the
23 United States, Inc. (FLEX), on or of the United States Medical
24 Licensing Examination (USMLE), or on the examination of the
25 National Board of Medical Examiners, or on a combination
26 thereof, and on or after January 1, 2000, has obtained a
27 passing score on the United States Medical Licensing
28 Examination (USMLE) provided the board certifies as eligible
29 for licensure by endorsement any applicant who took the
30 required examinations more than 10 years prior to application;
31 and
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1 (c) Has submitted evidence of the active licensed
2 practice of medicine in another jurisdiction, for at least 2
3 of the immediately preceding 4 years, or evidence of
4 successful completion of either a board-approved postgraduate
5 training program within 2 years preceding filing of an
6 application, or a board-approved clinical competency
7 examination, within the year preceding the filing of an
8 application for licensure. For purposes of this paragraph,
9 "active licensed practice of medicine" means that practice of
10 medicine by physicians, including those employed by any
11 governmental entity in community or public health, as defined
12 by this chapter, medical directors under s. 641.495(11) who
13 are practicing medicine, and those on the active teaching
14 faculty of an accredited medical school.
15 (2)(a) As prescribed by board rule, the board may
16 require an applicant who does not pass the licensing
17 examination after five attempts to complete additional
18 remedial education or training. The board shall prescribe the
19 additional requirements in a manner that permits the applicant
20 to complete the requirements and be reexamined within 2 years
21 after the date the applicant petitions the board to retake the
22 examination a sixth or subsequent time.
23 (b) The board may require an applicant for licensure
24 by endorsement to take and pass the appropriate licensure
25 examination prior to certifying the applicant as eligible for
26 licensure.
27 (8) The department shall reactivate the license of any
28 physician whose license has become void by failure to practice
29 in Florida for a period of 1 year within 3 years after
30 issuance of the license by endorsement, if the physician was
31 issued a license by endorsement prior to 1989, has actively
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1 practiced medicine in another state for the last 4 years,
2 applies for licensure before October 1, 1998, pays the
3 applicable fees, and otherwise meets any continuing education
4 requirements for reactivation of the license as determined by
5 the board.
6 Section 32. Subsection (1) of section 458.315, Florida
7 Statutes, is amended to read:
8 458.315 Temporary certificate for practice in areas of
9 critical need.--Any physician who is licensed to practice in
10 any other state, whose license is currently valid, and who
11 pays an application fee of $300 may be issued a temporary
12 certificate to practice in communities of Florida where there
13 is a critical need for physicians. A certificate may be
14 issued to a physician who will be employed by a county health
15 department, correctional facility, community health center
16 funded by s. 329, s. 330, or s. 340 of the United States
17 Public Health Services Act, or other entity that provides
18 health care to indigents and that is approved by the State
19 Health Officer. The Board of Medicine may issue this
20 temporary certificate with the following restrictions:
21 (1) The board shall determine the areas of critical
22 need, and the physician so certified may practice in any of
23 those areas only in that specific area for a time to be
24 determined by the board. Such areas shall include, but not be
25 limited to, health professional shortage areas designated by
26 the United States Department of Health and Human Services.
27 (a) A recipient of a temporary certificate for
28 practice in areas of critical need may use the license to work
29 for any approved employer in any area of critical need
30 approved by the board.
31
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1 (b) The recipient of a temporary certificate for
2 practice in areas of critical need shall, within 30 days after
3 accepting employment, notify the board of all approved
4 institutions in which the licensee practices and of all
5 approved institutions where practice privileges have been
6 denied.
7 Section 33. Section 458.3165, Florida Statutes, is
8 amended to read:
9 458.3165 Public psychiatry certificate.--The board
10 shall issue a public psychiatry certificate to an individual
11 who remits an application fee not to exceed $300, as set by
12 the board, who is a board-certified psychiatrist, who is
13 licensed to practice medicine without restriction in another
14 state, and who meets the requirements in s. 458.311(1)(a)-(g)
15 and (5). A recipient of a public psychiatry certificate may
16 use the certificate to work at any public mental health
17 facility or program funded in part or entirely by state funds.
18 (1) Such certificate shall:
19 (a) Authorize the holder to practice only in a public
20 mental health facility or program funded in part or entirely
21 by state funds.
22 (b) Be issued and renewable biennially if the
23 secretary of the Department of Health and Rehabilitative
24 Services and the chair of the department of psychiatry at one
25 of the public medical schools or the chair of the department
26 of psychiatry at the accredited medical school at the
27 University of Miami recommend in writing that the certificate
28 be issued or renewed.
29 (c) Automatically expire if the holder's relationship
30 with a public mental health facility or program expires.
31
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1 (d) Not be issued to a person who has been adjudged
2 unqualified or guilty of any of the prohibited acts in this
3 chapter.
4 (2) The board may take disciplinary action against a
5 certificateholder for noncompliance with any part of this
6 section or for any reason for which a regular licensee may be
7 subject to discipline.
8 Section 34. Subsection (4) is added to section
9 458.317, Florida Statutes, 1998 Supplement, to read:
10 458.317 Limited licenses.--
11 (4) Any person holding an active license to practice
12 medicine in the state may convert that license to a limited
13 license for the purpose of providing volunteer, uncompensated
14 care for low-income Floridians. The applicant must submit a
15 statement from the employing agency or institution stating
16 that he or she will not receive compensation for any service
17 involving the practice of medicine. The application and all
18 licensure fees, including neurological injury compensation
19 assessments, shall be waived.
20 Section 35. Subsection (1) of section 458.319, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 458.319 Renewal of license.--
23 (1) The department shall renew a license upon receipt
24 of the renewal application, evidence that the applicant has
25 actively practiced medicine or has been on the active teaching
26 faculty of an accredited medical school for at least 2 years
27 of the immediately preceding 4 years, and a fee not to exceed
28 $500; provided, however, that if the licensee is either a
29 resident physician, assistant resident physician, fellow,
30 house physician, or intern in an approved postgraduate
31 training program, as defined by the board by rule, the fee
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1 shall not exceed $100 per annum. If the licensee has not
2 actively practiced medicine for at least 2 years of the
3 immediately preceding 4 years, the board shall require that
4 the licensee successfully complete a board-approved clinical
5 competency examination prior to renewal of the license.
6 "Actively practiced medicine" means that practice of medicine
7 by physicians, including those employed by any governmental
8 entity in community or public health, as defined by this
9 chapter, including physicians practicing administrative
10 medicine. 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. An The applicant for a renewed license
16 who received an initial license in this state after January 1,
17 1992, must submit a set of fingerprints to the Department of
18 Health on a form and under procedures specified by the
19 department, along with payment in an amount equal to the costs
20 incurred by the department for a national criminal background
21 check of the applicant for the initial renewal of his or her
22 license after January 1, 2000. If the applicant fails to
23 submit either the information required under s. 455.565 or a
24 set of fingerprints to the department as required by this
25 section, the department shall issue a notice of noncompliance,
26 and the applicant will be given 30 additional days to comply.
27 If the applicant fails to comply within 30 days after the
28 notice of noncompliance is issued, the department or board, as
29 appropriate, may issue a citation to the applicant and may
30 fine the applicant up to $50 for each day that the applicant
31 is not in compliance with the requirements of s. 455.565. The
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1 citation must clearly state that the applicant may choose, in
2 lieu of accepting the citation, to follow the procedure under
3 s. 455.621. If the applicant disputes the matter in the
4 citation, the procedures set forth in s. 455.621 must be
5 followed. However, if the applicant does not dispute the
6 matter in the citation with the department within 30 days
7 after the citation is served, the citation becomes a final
8 order and constitutes discipline. Service of a citation may be
9 made by personal service or certified mail, restricted
10 delivery, to the subject at the applicant's last known
11 address. The department may not delay renewing a license due
12 to the processing of a statewide criminal history check or a
13 national criminal background check. If an applicant has
14 received an initial license to practice in this state after
15 January 1, 1992, and has submitted fingerprints to the
16 department for a national criminal history check upon initial
17 licensure and is renewing his or her license for the first
18 time, then the applicant need only submit the information and
19 fee required for a statewide criminal history check.
20 Section 36. Paragraph (mm) is added to subsection (1)
21 of section 458.331, Florida Statutes, 1998 Supplement, and
22 subsection (2) of that section is amended to read:
23 458.331 Grounds for disciplinary action; action by the
24 board and department.--
25 (1) The following acts shall constitute grounds for
26 which the disciplinary actions specified in subsection (2) may
27 be taken:
28 (mm) Failing to comply with the requirements of ss.
29 381.026 and 381.0261 to provide patients with information
30 about their patient rights and how to file a patient
31 complaint.
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1 (2) When the board finds any person guilty of any of
2 the grounds set forth in subsection (1), including conduct
3 that would constitute a substantial violation of subsection
4 (1) which occurred prior to licensure, it may enter an order
5 imposing one or more of the following penalties:
6 (a) Refusal to certify, or certification with
7 restrictions, to the department an application for licensure,
8 certification, or registration.
9 (b) Revocation or suspension of a license.
10 (c) Restriction of practice.
11 (d) Imposition of an administrative fine not to exceed
12 $10,000 $5,000 for each count or separate offense.
13 (e) Issuance of a reprimand.
14 (f) Placement of the physician on probation for a
15 period of time and subject to such conditions as the board may
16 specify, including, but not limited to, requiring the
17 physician to submit to treatment, to attend continuing
18 education courses, to submit to reexamination, or to work
19 under the supervision of another physician.
20 (g) Issuance of a letter of concern.
21 (h) Corrective action.
22 (i) Refund of fees billed to and collected from the
23 patient.
24 (j) Imposition of an administrative fine in accordance
25 with s. 381.0261 for violations regarding patient rights.
26
27 In determining what action is appropriate, the board must
28 first consider what sanctions are necessary to protect the
29 public or to compensate the patient. Only after those
30 sanctions have been imposed may the disciplining authority
31 consider and include in the order requirements designed to
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1 rehabilitate the physician. All costs associated with
2 compliance with orders issued under this subsection are the
3 obligation of the physician.
4 Section 37. Subsection (7) of section 458.347, Florida
5 Statutes, 1998 Supplement, is amended to read:
6 458.347 Physician assistants.--
7 (7) PHYSICIAN ASSISTANT LICENSURE.--
8 (a) Any person desiring to be licensed as a physician
9 assistant must apply to the department. The department shall
10 issue a license to any person certified by the council as
11 having met the following requirements:
12 1. Is at least 18 years of age.
13 2. Has satisfactorily passed a proficiency examination
14 by an acceptable score established by the National Commission
15 on Certification of Physician Assistants. If an applicant
16 does not hold a current certificate issued by the National
17 Commission on Certification of Physician Assistants and has
18 not actively practiced as a physician assistant within the
19 immediately preceding 4 years, the applicant must retake and
20 successfully complete the entry-level examination of the
21 National Commission on Certification of Physician Assistants
22 to be eligible for licensure.
23 3. Has completed the application form and remitted an
24 application fee not to exceed $300 as set by the boards. An
25 application for licensure made by a physician assistant must
26 include:
27 a. A certificate of completion of a physician
28 assistant training program specified in subsection (6).
29 b. A sworn statement of any prior felony convictions.
30 c. A sworn statement of any previous revocation or
31 denial of licensure or certification in any state.
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1 d. Two letters of recommendation.
2 (b)1. Notwithstanding subparagraph (a)2. and
3 sub-subparagraph (a)3.a., the department shall examine each
4 applicant who the Board of Medicine certifies:
5 a. Has completed the application form and remitted a
6 nonrefundable application fee not to exceed $500 and an
7 examination fee not to exceed $300, plus the actual cost to
8 the department to provide the examination. The examination
9 fee is refundable if the applicant is found to be ineligible
10 to take the examination. The department shall not require the
11 applicant to pass a separate practical component of the
12 examination. For examinations given after July 1, 1998,
13 competencies measured through practical examinations shall be
14 incorporated into the written examination through a
15 multiple-choice format. The department shall translate the
16 examination into the native language of any applicant who
17 requests and agrees to pay all costs of such translation,
18 provided that the translation request is filed with the board
19 office no later than 9 months before the scheduled examination
20 and the applicant remits translation fees as specified by the
21 department no later than 6 months before the scheduled
22 examination, and provided that the applicant demonstrates to
23 the department the ability to communicate orally in basic
24 English. If the applicant is unable to pay translation costs,
25 the applicant may take the next available examination in
26 English if the applicant submits a request in writing by the
27 application deadline and if the applicant is otherwise
28 eligible under this section. To demonstrate the ability to
29 communicate orally in basic English, a passing score or grade
30 is required, as determined by the department or organization
31
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1 that developed it, on one of the following English
2 examinations:
3 (I) The test for spoken English (TSE) by the
4 Educational Testing Service (ETS);
5 (II) The test of English as a foreign language
6 (TOEFL), by ETS;
7 (III) A high school or college level English course;
8 (IV) The English examination for citizenship,
9 Immigration and Naturalization Service.
10
11 A notarized copy of an Educational Commission for Foreign
12 Medical Graduates (ECFMG) certificate may also be used to
13 demonstrate the ability to communicate in basic English.
14 b. Is an unlicensed physician who graduated from a
15 foreign medical school listed with the World Health
16 Organization who has not previously taken and failed the
17 examination of the National Commission on Certification of
18 Physician Assistants and who has been certified by the Board
19 of Medicine as having met the requirements for licensure as a
20 medical doctor by examination as set forth in s. 458.311(1),
21 (3), (4), and (5), with the exception that the applicant is
22 not required to have completed an approved residency of at
23 least 1 year and the applicant is not required to have passed
24 the licensing examination specified under s. 458.311 or hold a
25 valid, active certificate issued by the Educational Commission
26 for Foreign Medical Graduates.
27 c. Was eligible and made initial application for
28 certification as a physician assistant in this state between
29 July 1, 1990, and June 30, 1991.
30
31
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1 d. Was a resident of this state on July 1, 1990, or
2 was licensed or certified in any state in the United States as
3 a physician assistant on July 1, 1990.
4 2. The department may grant temporary licensure to an
5 applicant who meets the requirements of subparagraph 1.
6 Between meetings of the council, the department may grant
7 temporary licensure to practice based on the completion of all
8 temporary licensure requirements. All such administratively
9 issued licenses shall be reviewed and acted on at the next
10 regular meeting of the council. A temporary license expires
11 30 days after upon receipt and notice of scores to the
12 licenseholder from the first available examination specified
13 in subparagraph 1. following licensure by the department. An
14 applicant who fails the proficiency examination is no longer
15 temporarily licensed, but may apply for a one-time extension
16 of temporary licensure after reapplying for the next available
17 examination. Extended licensure shall expire upon failure of
18 the licenseholder to sit for the next available examination or
19 upon receipt and notice of scores to the licenseholder from
20 such examination.
21 3. Notwithstanding any other provision of law, the
22 examination specified pursuant to subparagraph 1. shall be
23 administered by the department only five times. Applicants
24 certified by the board for examination shall receive at least
25 6 months' notice of eligibility prior to the administration of
26 the initial examination. Subsequent examinations shall be
27 administered at 1-year intervals following the reporting of
28 the scores of the first and subsequent examinations. For the
29 purposes of this paragraph, the department may develop,
30 contract for the development of, purchase, or approve an
31 examination, including a practical component, that adequately
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1 measures an applicant's ability to practice with reasonable
2 skill and safety. The minimum passing score on the
3 examination shall be established by the department, with the
4 advice of the board. Those applicants failing to pass that
5 examination or any subsequent examination shall receive notice
6 of the administration of the next examination with the notice
7 of scores following such examination. Any applicant who
8 passes the examination and meets the requirements of this
9 section shall be licensed as a physician assistant with all
10 rights defined thereby.
11 (c) The license must be renewed biennially. Each
12 renewal must include:
13 1. A renewal fee not to exceed $500 as set by the
14 boards.
15 2. A sworn statement of no felony convictions in the
16 previous 2 years.
17 (d) Each licensed physician assistant shall biennially
18 complete 100 hours of continuing medical education or shall
19 hold a current certificate issued by the National Commission
20 on Certification of Physician Assistants.
21 (e) Upon employment as a physician assistant, a
22 licensed physician assistant must notify the department in
23 writing within 30 days after such employment or after any
24 subsequent changes in the supervising physician. The
25 notification must include the full name, Florida medical
26 license number, specialty, and address of the supervising
27 physician.
28 (f) Notwithstanding subparagraph (a)2., the department
29 may grant to a recent graduate of an approved program, as
30 specified in subsection (6), who expects to take the first
31 examination administered by the National Commission on
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1 Certification of Physician Assistants available for
2 registration after the applicant's graduation, a temporary
3 license. The temporary license shall to expire 30 days after
4 upon receipt of scores of the proficiency examination
5 administered by the National Commission on Certification of
6 Physician Assistants. Between meetings of the council, the
7 department may grant a temporary license to practice based on
8 the completion of all temporary licensure requirements. All
9 such administratively issued licenses shall be reviewed and
10 acted on at the next regular meeting of the council. The
11 recent graduate may be licensed prior to employment, but must
12 comply with paragraph (e). An applicant who has passed the
13 proficiency examination may be granted permanent licensure. An
14 applicant failing the proficiency examination is no longer
15 temporarily licensed, but may reapply for a 1-year extension
16 of temporary licensure. An applicant may not be granted more
17 than two temporary licenses and may not be licensed as a
18 physician assistant until he or she passes the examination
19 administered by the National Commission on Certification of
20 Physician Assistants. As prescribed by board rule, the council
21 may require an applicant who does not pass the licensing
22 examination after five or more attempts to complete additional
23 remedial education or training. The council shall prescribe
24 the additional requirements in a manner that permits the
25 applicant to complete the requirements and be reexamined
26 within 2 years after the date the applicant petitions the
27 council to retake the examination a sixth or subsequent time.
28 (g) The Board of Medicine may impose any of the
29 penalties specified in ss. 455.624 and 458.331(2) upon a
30 physician assistant if the physician assistant or the
31 supervising physician has been found guilty of or is being
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1 investigated for any act that constitutes a violation of this
2 chapter or part II of chapter 455.
3 Section 38. Section 459.005, Florida Statutes, 1998
4 Supplement, is amended to read:
5 459.005 Rulemaking authority.--
6 (1) The board has authority to adopt rules pursuant to
7 ss. 120.536(1) and 120.54 to implement the provisions of this
8 chapter conferring duties upon it.
9 (2) All physicians which perform level 2 procedures
10 lasting more than 5 minutes and all level 3 surgical
11 procedures in an office setting must register the office with
12 the department unless that office is licensed as a facility
13 pursuant to chapter 395. Registration information shall not
14 include the specific type of surgery performed by the
15 physician. The department shall inspect the phyisician's
16 office annually unless the office is accredited by a
17 nationally recognized accrediting agency or an accrediting
18 organization subsequently approved by the Board of Osteopathic
19 Medicine. The actual costs for registration and inspection or
20 accreditation shall be paid by the person seeking to register
21 and operate the office setting in which office surgery is
22 performed.
23 Section 39. Subsection (7) is added to section
24 459.0075, Florida Statutes, to read:
25 459.0075 Limited licenses.--
26 (7) Any person holding an active license to practice
27 osteopathic medicine in the state may convert that license to
28 a limited license for the purpose of providing volunteer,
29 uncompensated care for low-income Floridians. The applicant
30 must submit a statement from the employing agency or
31 institution stating that he or she will not receive
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1 compensation for any service involving the practice of
2 osteopathic medicine. The application and all licensure fees,
3 including neurological injury compensation assessments, shall
4 be waived.
5 Section 40. Subsection (1) of section 459.008, Florida
6 Statutes, 1998 Supplement, is amended to read:
7 459.008 Renewal of licenses and certificates.--
8 (1) The department shall renew a license or
9 certificate upon receipt of the renewal application and fee.
10 An applicant for a renewed license must also submit the
11 information required under s. 455.565 to the department on a
12 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. An The applicant for a renewed license
16 who received an initial license in this state after January 1,
17 1992, must submit a set of fingerprints to the Department of
18 Health on a form and under procedures specified by the
19 department, along with payment in an amount equal to the costs
20 incurred by the department for a national criminal background
21 check of the applicant for the initial renewal of his or her
22 license after January 1, 2000. If the applicant fails to
23 submit either the information required under s. 455.565 or a
24 set of fingerprints to the department as required by this
25 section, the department shall issue a notice of noncompliance,
26 and the applicant will be given 30 additional days to comply.
27 If the applicant fails to comply within 30 days after the
28 notice of noncompliance is issued, the department or board, as
29 appropriate, may issue a citation to the applicant and may
30 fine the applicant up to $50 for each day that the applicant
31 is not in compliance with the requirements of s. 455.565. The
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1 citation must clearly state that the applicant may choose, in
2 lieu of accepting the citation, to follow the procedure under
3 s. 455.621. If the applicant disputes the matter in the
4 citation, the procedures set forth in s. 455.621 must be
5 followed. However, if the applicant does not dispute the
6 matter in the citation with the department within 30 days
7 after the citation is served, the citation becomes a final
8 order and constitutes discipline. Service of a citation may be
9 made by personal service or certified mail, restricted
10 delivery, to the subject at the applicant's last known
11 address. The department may not delay renewing a license due
12 to the processing of a statewide criminal history check or a
13 national criminal background check. If an applicant has
14 received an initial license to practice in this state after
15 January 1, 1992, and has submitted fingerprints to the
16 department for a national criminal history check upon initial
17 licensure and is renewing his or her license for the first
18 time, then the applicant need only submit the information and
19 fee required for a statewide criminal history check.
20 Section 41. Paragraph (oo) is added to subsection (1)
21 of section 459.015, F.S., 1998 supplement, and subsection (2)
22 of this section is amended to read:
23 459.015 Grounds for disciplinary action by the
24 board.--
25 (1) The following acts shall constitute grounds for
26 which the disciplinary actions specified in subsection (2) may
27 be taken:
28 (oo) Failing to comply with the requirements of ss.
29 381.026 and 381.0261 to provide patients with information
30 about their patient rights and how to file a patient
31 complaint.
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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 (a) Refusal to certify, or certify with restrictions,
5 to the department an application for certification, licensure,
6 renewal, or reactivation.
7 (b) Revocation or suspension of a license or
8 certificate.
9 (c) Restriction of practice.
10 (d) Imposition of an administrative fine not to exceed
11 $10,000 $5,000 for each count or separate offense.
12 (e) Issuance of a reprimand.
13 (f) Issuance of a letter of concern.
14 (g) Placement of the osteopathic physician on
15 probation for a period of time and subject to such conditions
16 as the board may specify, including, but not limited to,
17 requiring the osteopathic physician to submit to treatment,
18 attend continuing education courses, submit to reexamination,
19 or work under the supervision of another osteopathic
20 physician.
21 (h) Corrective action.
22 (i) Refund of fees billed to and collected from the
23 patient.
24 (j) Imposition of an administrative fine in accordance
25 with s. 381.0261 for violations regarding patient rights.
26
27 In determining what action is appropriate, the board must
28 first consider what sanctions are necessary to protect the
29 public or to compensate the patient. Only after those
30 sanctions have been imposed may the disciplining authority
31 consider and include in the order requirements designed to
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1 rehabilitate the physician. All costs associated with
2 compliance with orders issued under this subsection are the
3 obligation of the physician.
4 Section 42. Subsection (6) is added to section
5 460.402, Florida Statutes, to read:
6 460.402 Exceptions.--The provisions of this chapter
7 shall not apply to:
8 (6) A chiropractic student enrolled in a chiropractic
9 college accredited by the Council on Chiropractic Education
10 and participating in a community-based internship under the
11 direct supervision of a doctor of chiropractic medicine who is
12 credentialed as an adjunct faculty member of a chiropractic
13 college in which the student is enrolled.
14 Section 43. Present subsections (4) through (10) of
15 section 460.403, Florida Statutes, 1998 Supplement, are
16 renumbered as subsections (5) through (11), respectively, a
17 new subsection (4) is added to that section, and present
18 subsections (6) and (9) are amended, to read:
19 460.403 Definitions.--As used in this chapter, the
20 term:
21 (4) "Community-based internship" means a program in
22 which a student enrolled in the last year of a chiropractic
23 college accredited by the Council on Chiropractic Education is
24 approved to obtain required pregraduation clinical experience
25 in a chiropractic clinic or practice under the direct
26 supervision of a doctor of chiropractic medicine approved as
27 an adjunct faculty member of the chiropractic college in which
28 the student is enrolled, according to the teaching protocols
29 for the clinical practice requirements of the college.
30 (7)(6) "Direct supervision" means responsible
31 supervision and control, with the licensed chiropractic
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1 physician assuming legal liability for the services rendered
2 by a registered chiropractic assistant or a chiropractic
3 student enrolled in a community-based intern program. Except
4 in cases of emergency, direct supervision shall require the
5 physical presence of the licensed chiropractic physician for
6 consultation and direction of the actions of the registered
7 chiropractic assistant or a chiropractic student enrolled in a
8 community-based intern program. The board shall further
9 establish rules as to what constitutes responsible direct
10 supervision of a registered chiropractic assistant.
11 (10)(9) "Registered chiropractic assistant" means a
12 person who is registered by the board to perform chiropractic
13 services under the direct supervision of a chiropractic
14 physician or certified chiropractic physician's assistant.
15 Section 44. Subsection (1) of section 460.406, Florida
16 Statutes, 1998 Supplement, is amended to read:
17 460.406 Licensure by examination.--
18 (1) Any person desiring to be licensed as a
19 chiropractic physician shall apply to the department to take
20 the licensure examination. There shall be an application fee
21 set by the board not to exceed $100 which shall be
22 nonrefundable. There shall also be an examination fee not to
23 exceed $500 plus the actual per applicant cost to the
24 department for purchase of portions of the examination from
25 the National Board of Chiropractic Examiners or a similar
26 national organization, which may be refundable if the
27 applicant is found ineligible to take the examination. The
28 department shall examine each applicant who the board
29 certifies has:
30 (a) Completed the application form and remitted the
31 appropriate fee.
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1 (b) Submitted proof satisfactory to the department
2 that he or she is not less than 18 years of age.
3 (c) Submitted proof satisfactory to the department
4 that he or she is a graduate of a chiropractic college which
5 is accredited by or has status with the Council on
6 Chiropractic Education or its predecessor agency. However, any
7 applicant who is a graduate of a chiropractic college that was
8 initially accredited by the Council on Chiropractic Education
9 in 1995, who graduated from such college within the 4 years
10 immediately preceding such accreditation, and who is otherwise
11 qualified shall be eligible to take the examination. No
12 application for a license to practice chiropractic medicine
13 shall be denied solely because the applicant is a graduate of
14 a chiropractic college that subscribes to one philosophy of
15 chiropractic medicine as distinguished from another.
16 (d)1. For an applicant who has matriculated in a
17 chiropractic college prior to July 2, 1990, completed at least
18 2 years of residence college work, consisting of a minimum of
19 one-half the work acceptable for a bachelor's degree granted
20 on the basis of a 4-year period of study, in a college or
21 university accredited by an accrediting agency recognized and
22 approved by the United States Department of Education.
23 However, prior to being certified by the board to sit for the
24 examination, each applicant who has matriculated in a
25 chiropractic college after July 1, 1990, shall have been
26 granted a bachelor's degree, based upon 4 academic years of
27 study, by a college or university accredited by a regional
28 accrediting agency which is a member of the Commission on
29 Recognition of Postsecondary Accreditation.
30 2. Effective July 1, 2000, completed, prior to
31 matriculation in a chiropractic college, at least 3 years of
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1 residence college work, consisting of a minimum of 90 semester
2 hours leading to a bachelor's degree in a liberal arts college
3 or university accredited by an accrediting agency recognized
4 and approved by the United States Department of Education.
5 However, prior to being certified by the board to sit for the
6 examination, each applicant who has matriculated in a
7 chiropractic college after July 1, 2000, shall have been
8 granted a bachelor's degree from an institution holding
9 accreditation for that degree from a regional accrediting
10 agency which is recognized by the United States Department of
11 Education. The applicant's chiropractic degree must consist
12 of credits earned in the chiropractic program and may not
13 include academic credit for courses from the bachelor's
14 degree.
15 (e) Completed not less than a 3-month training program
16 in this state of not less than 300 hours with a chiropractic
17 physician licensed in this state. The chiropractic physician
18 candidate may perform all services offered by the licensed
19 chiropractic physician, but must be under the supervision of
20 the licensed chiropractic physician until the results of the
21 first licensure examination for which the candidate has
22 qualified have been received, at which time the candidate's
23 training program shall be terminated. However, an applicant
24 who has practiced chiropractic medicine in any other state,
25 territory, or jurisdiction of the United States or any foreign
26 national jurisdiction for at least 5 years as a licensed
27 chiropractic physician need not be required to complete the
28 3-month training program as a requirement for licensure.
29 (e)(f) Successfully completed the National Board of
30 Chiropractic Examiners certification examination in parts I
31 and II and clinical competency, with a score approved by the
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1 board, within 10 years immediately preceding application to
2 the department for licensure.
3 (f)(g) Submitted to the department a set of
4 fingerprints on a form and under procedures specified by the
5 department, along with payment in an amount equal to the costs
6 incurred by the Department of Health for the criminal
7 background check of the applicant.
8 Section 45. Subsection (1) of section 460.407, Florida
9 Statutes, 1998 Supplement, is amended to read:
10 460.407 Renewal of license.--
11 (1) The department shall renew a license upon receipt
12 of the renewal application and the fee set by the board not to
13 exceed $500. An applicant for a renewed license must also
14 submit the information required under s. 455.565 to the
15 department on a form and under procedures specified by the
16 department, along with payment in an amount equal to the costs
17 incurred by the Department of Health for the statewide
18 criminal background check of the applicant. An The applicant
19 for a renewed license who received an initial license in this
20 state after January 1, 1992, must submit a set of fingerprints
21 to the Department of Health on a form and under procedures
22 specified by the department, along with payment in an amount
23 equal to the costs incurred by the department for a national
24 criminal background check of the applicant for the initial
25 renewal of his or her license after January 1, 2000. If the
26 applicant fails to submit either the information required
27 under s. 455.565 or a set of fingerprints to the department as
28 required by this section, the department shall issue a notice
29 of noncompliance, and the applicant will be given 30
30 additional days to comply. If the applicant fails to comply
31 within 30 days after the notice of noncompliance is issued,
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1 the department or board, as appropriate, may issue a citation
2 to the applicant and may fine the applicant up to $50 for each
3 day that the applicant is not in compliance with the
4 requirements of s. 455.565. The citation must clearly state
5 that the applicant may choose, in lieu of accepting the
6 citation, to follow the procedure under s. 455.621. If the
7 applicant disputes the matter in the citation, the procedures
8 set forth in s. 455.621 must be followed. However, if the
9 applicant does not dispute the matter in the citation with the
10 department within 30 days after the citation is served, the
11 citation becomes a final order and constitutes discipline.
12 Service of a citation may be made by personal service or
13 certified mail, restricted delivery, to the subject at the
14 applicant's last known address. The department may not delay
15 renewing a license due to the processing of a statewide
16 criminal history check or a national criminal background
17 check. If an applicant has received an initial license to
18 practice in this state after January 1, 1992, and has
19 submitted fingerprints to the department for a national
20 criminal history check upon initial licensure and is renewing
21 his or her license for the first time, then the applicant need
22 only submit the information and fee required for a statewide
23 criminal history check.
24 Section 46. Paragraphs (p) and (dd) of subsection (1)
25 and paragraph (b) of subsection (2) of section 460.413,
26 Florida Statutes, 1998 Supplement, are amended to read:
27 460.413 Grounds for disciplinary action; action by the
28 board.--
29 (1) The following acts shall constitute grounds for
30 which the disciplinary actions specified in subsection (2) may
31 be taken:
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1 (p) Prescribing, dispensing, or administering any
2 medicinal drug except as authorized by s. 460.403(9)(c)2. s.
3 460.403(8)(c)2., performing any surgery, or practicing
4 obstetrics.
5 (dd) Using acupuncture without being certified
6 pursuant to s. 460.403(9)(f) s. 460.403(8)(f).
7 (2) When the board finds any person guilty of any of
8 the grounds set forth in subsection (1), it may enter an order
9 imposing one or more of the following penalties:
10 (d) Imposition of an administrative fine not to exceed
11 $10,000 $2,000 for each count or separate offense.
12
13 In determining what action is appropriate, the board must
14 first consider what sanctions are necessary to protect the
15 public or to compensate the patient. Only after those
16 sanctions have been imposed may the disciplining authority
17 consider and include in the order requirements designed to
18 rehabilitate the chiropractic physician. All costs associated
19 with compliance with orders issued under this subsection are
20 the obligation of the chiropractic physician.
21 Section 47. Section 460.4165, Florida Statutes, is
22 amended to read:
23 460.4165 Certified chiropractic physician's
24 assistants.--
25 (1) LEGISLATIVE INTENT.--The purpose of this section
26 is to encourage the more effective utilization of the skills
27 of chiropractic physicians by enabling them to delegate health
28 care tasks to qualified assistants when such delegation is
29 consistent with the patient's health and welfare and to allow
30 for innovative development of programs for the education of
31 physician's assistants.
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1 (2) PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S
2 ASSISTANT.--Notwithstanding any other provision of law, a
3 certified chiropractic physician's assistant may perform
4 chiropractic services in the specialty area or areas for which
5 the certified chiropractic physician's assistant is trained or
6 experienced when such services are rendered under the
7 supervision of a licensed chiropractic physician or group of
8 chiropractic physicians certified by the board. Any certified
9 chiropractic physician's assistant certified under this
10 section to perform services may perform those services only:
11 (a) In the office of the chiropractic physician to
12 whom the certified chiropractic physician's assistant has been
13 assigned, in which office such physician maintains her or his
14 primary practice;
15 (b) Under indirect supervision of When the
16 chiropractic physician to whom she or he is assigned as
17 defined by rule of the board is present;
18 (c) In a hospital in which the chiropractic physician
19 to whom she or he is assigned is a member of the staff; or
20 (d) On calls outside of the said office of the
21 chiropractic physician to whom she or he is assigned, on the
22 direct order of the chiropractic physician to whom she or he
23 is assigned.
24 (3) THIRD-PARTY PAYORS.--This chapter does not prevent
25 third-party payors from reimbursing employers of chiropractic
26 physicians' assistants for covered services rendered by
27 certified chiropractic physicians' assistants.
28 (4)(3) PERFORMANCE BY TRAINEES.--Notwithstanding any
29 other provision of law, a trainee may perform chiropractic
30 services when such services are rendered within the scope of
31 an approved program.
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1 (5)(4) PROGRAM APPROVAL.--The department shall issue
2 certificates of approval for programs for the education and
3 training of certified chiropractic physician's assistants
4 which meet board standards. Any basic program curriculum
5 certified by the board shall cover a period of 24 months. The
6 curriculum must consist of at least 200 didactic classroom
7 hours during those 24 months.
8 (a) In developing criteria for program approval, the
9 board shall give consideration to, and encourage, the
10 utilization of equivalency and proficiency testing and other
11 mechanisms whereby full credit is given to trainees for past
12 education and experience in health fields.
13 (b) The board shall create groups of specialty
14 classifications of training for certified chiropractic
15 physician's assistants. These classifications shall reflect
16 the training and experience of the certified chiropractic
17 physician's assistant. The certified chiropractic physician's
18 assistant may receive training in one or more such
19 classifications, which shall be shown on the certificate
20 issued.
21 (c) The board shall adopt and publish standards to
22 ensure that such programs operate in a manner which does not
23 endanger the health and welfare of the patients who receive
24 services within the scope of the program. The board shall
25 review the quality of the curricula, faculties, and facilities
26 of such programs; issue certificates of approval; and take
27 whatever other action is necessary to determine that the
28 purposes of this section are being met.
29 (6)(5) APPLICATION APPROVAL.--Any person desiring to
30 be licensed as a certified chiropractic physician's assistant
31 must apply to the department. The department shall issue a
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1 certificate to any person certified by the board as having met
2 the following requirements:
3 (a) Is at least 18 years of age.
4 (b) Is a graduate of an approved program or its
5 equivalent and is fully certified by reason of experience and
6 education, as defined by board rule, to perform chiropractic
7 services under the responsible supervision of a licensed
8 chiropractic physician and when the board is satisfied that
9 the public will be adequately protected by the arrangement
10 proposed in the application.
11 (c) Has completed the application form and remitted an
12 application fee set by the board pursuant to this section. An
13 application for certification made by a chiropractic
14 physician's assistant must include:
15 1. A certificate of completion of a physician's
16 assistant training program specified in subsection (5).
17 2. A sworn statement of any prior felony conviction in
18 any jurisdiction.
19 3. A sworn statement of any previous revocation or
20 denial of licensure or certification in any state or
21 jurisdiction.
22 (a) The board shall adopt rules for the consideration
23 of applications by a licensed chiropractic physician or a
24 group of licensed chiropractic physicians to supervise
25 certified chiropractic physician's assistants. Each
26 application made by a chiropractic physician or group of
27 chiropractic physicians shall include all of the following:
28 1. The qualifications, including related experience,
29 of the certified chiropractic physician's assistant intended
30 to be employed.
31
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1 2. The professional background and specialty of the
2 chiropractic physician or the group of chiropractic
3 physicians.
4 3. A description by the chiropractic physician of her
5 or his practice, or by the chiropractic physicians of their
6 practice, and of the way in which the assistant or assistants
7 are to be utilized.
8
9 The board shall certify an application by a licensed
10 chiropractic physician to supervise a certified chiropractic
11 physician's assistant when the proposed assistant is a
12 graduate of an approved program or its equivalent and is fully
13 qualified by reason of experience and education to perform
14 chiropractic services under the responsible supervision of a
15 licensed chiropractic physician and when the board is
16 satisfied that the public will be adequately protected by the
17 arrangement proposed in the application.
18 (b) The board shall certify no more than two certified
19 chiropractic physician's assistants for any chiropractic
20 physician practicing alone; no more than four chiropractic
21 physician's assistants for two chiropractic physicians
22 practicing together formally or informally; or no more than a
23 ratio of two certified chiropractic physician's assistants to
24 three chiropractic physicians in any group of chiropractic
25 physicians practicing together formally or informally.
26 (7)(6) PENALTY.--Any person who has not been certified
27 by the board and approved by the department and who represents
28 herself or himself as a certified chiropractic physician's
29 assistant or who uses any other term in indicating or implying
30 that she or he is a certified chiropractic physician's
31 assistant is guilty of a felony of the third degree,
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1 punishable as provided in s. 775.082 or s. 775.084 or by a
2 fine not exceeding $5,000.
3 (8)(7) REVOCATION OF APPROVAL.--The certificate of
4 approval to supervise a certified chiropractic physician's
5 assistant held by any chiropractic physician or group of
6 chiropractic physicians may be revoked when the board
7 determines that the intent of this section is not being
8 carried out.
9 (9)(8) FEES.--
10 (a) A fee not to exceed $100 set by the board shall
11 accompany the application by a chiropractic physician for
12 authorization to supervise a certified chiropractic
13 physician's assistant.
14 (b) Upon approval of an application for certification
15 of a certified chiropractic physician's assistant in a
16 specialty area, the applicant shall be charged an initial
17 certification fee for the first biennium not to exceed $250;
18 and a biennial renewal fee not to exceed $250 shall accompany
19 each application for renewal of the certified chiropractic
20 physician's assistant certificate.
21 (10)(9) EXISTING PROGRAMS.--Nothing in this section
22 shall be construed to eliminate or supersede existing laws
23 relating to other paramedical professions or services. It is
24 the intent of this section to supplement all such existing
25 programs relating to the certification and the practice of
26 paramedical professions as may be authorized by law.
27 (11)(10) LIABILITY.--Each chiropractic physician or
28 group of chiropractic physicians utilizing certified
29 chiropractic physician's assistants shall be liable for any
30 act or omission of any physician's assistant acting under her
31 or his or its supervision and control.
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1 (12) SUPERVISION OF REGISTERED CHIROPRACTIC
2 ASSISTANT.--A certified chiropractic physician's assistant may
3 directly supervise a registered chiropractic assistant and
4 other persons who are not licensed as chiropractic physicians
5 who are employed or supervised by the chiropractic physician
6 to whom the certified chiropractic physician's assistant is
7 assigned.
8 (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION
9 RENEWAL.--The certification must be renewed biennially.
10 (a) Each renewal must include:
11 1. A renewal fee as set by board pursuant to this
12 section.
13 2. A sworn statement of no felony convictions in the
14 previous 2 years in any jurisdiction.
15 (b) Each certified chiropractic physician's assistant
16 shall biennially complete 24 hours of continuing education
17 courses sponsored by chiropractic colleges accredited by the
18 Council on Chiropractic Education and approved by the board.
19 The board shall approve those courses that build upon the
20 basic courses required for the practice of chiropractic
21 medicine, and the board may also approve courses in adjunctive
22 modalities. The board may make exception from the requirements
23 of this section in emergency or hardship cases. The board may
24 adopt rules within the requirements of this section which are
25 necessary for its implementation.
26 (c) Upon employment as a certified chiropractic
27 physician's assistant, a certified chiropractic physician's
28 assistant must notify the department in writing within 30 days
29 after such employment or any change of the supervising
30 chiropractic physician. The notification must include the full
31
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1 name, Florida chiropractic medical license number, specialty,
2 and address of the supervising chiropractic physician.
3 Section 48. Persons holding certificates as certified
4 chiropractic physicians' assistants on the effective date of
5 this act need not reapply for certification, but must comply
6 with biennial renewal requirements as provided in section
7 460.4165(6), Florida Statutes. The requirement for completion
8 of the continuing education requirements for biennial renewal
9 of the certificate shall not take effect until the beginning
10 of the next biennial renewal period following the effective
11 date of this act.
12 Section 49. Section 460.4166, Florida Statutes, is
13 amended to read:
14 460.4166 Registered chiropractic assistants.--
15 (1) DEFINITION.--As used in this section, "registered
16 chiropractic assistant" means a professional, multiskilled
17 person dedicated to assisting in all aspects of chiropractic
18 medical practice under the direct supervision and
19 responsibility of a chiropractic physician or certified
20 chiropractic physician's assistant. A registered chiropractic
21 assistant assists with patient care management, executes
22 administrative and clinical procedures, and often performs
23 managerial and supervisory functions. Competence in the field
24 also requires that a registered chiropractic assistant adhere
25 to ethical and legal standards of professional practice,
26 recognize and respond to emergencies, and demonstrate
27 professional characteristics.
28 (2) DUTIES.--Under the direct supervision and
29 responsibility of a licensed chiropractic physician or
30 certified chiropractic physician's assistant, a registered
31 chiropractic assistant may:
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1 (a) Perform clinical procedures, which include:
2 1. Preparing patients for the chiropractic physician's
3 care.
4 2. Taking vital signs.
5 3. Observing and reporting patients' signs or
6 symptoms.
7 (b) Administer basic first aid.
8 (c) Assist with patient examinations or treatments
9 other than manipulations or adjustments.
10 (d) Operate office equipment.
11 (e) Collect routine laboratory specimens as directed
12 by the chiropractic physician or certified chiropractic
13 physician's assistant.
14 (f) Administer nutritional supplements as directed by
15 the chiropractic physician or certified chiropractic
16 physician's assistant.
17 (g) Perform office procedures required by the
18 chiropractic physician or certified chiropractic physician's
19 assistant under direct supervision of the chiropractic
20 physician or certified chiropractic physician's assistant.
21 (3) REGISTRATION.--Registered chiropractic assistants
22 may be registered by the board for a biennial fee not to
23 exceed $25.
24 Section 50. Section 461.003, Florida Statutes, 1998
25 Supplement, is amended to read:
26 461.003 Definitions.--As used in this chapter:
27 (1) "Department" means the Department of Health.
28 (1)(2) "Board" means the Board of Podiatric Medicine
29 as created in this chapter.
30 (2) "Certified podiatric X-ray assistant" means a
31 person who is employed by and under the direct supervision of
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1 a licensed podiatric physician to perform only those
2 radiographic functions that are within the scope of practice
3 of a podiatric physician licensed under this chapter. For
4 purposes of this subsection, the term "direct supervision"
5 means supervision whereby a podiatric physician orders the X
6 ray, remains on the premises while the X ray is being
7 performed and exposed, and approves the work performed before
8 dismissal of the patient.
9 (3) "Department" means the Department of Health.
10 (3) "Practice of podiatric medicine" means the
11 diagnosis or medical, surgical, palliative, and mechanical
12 treatment of ailments of the human foot and leg. The surgical
13 treatment of ailments of the human foot and leg shall be
14 limited anatomically to that part below the anterior tibial
15 tubercle. The practice of podiatric medicine shall include
16 the amputation of the toes or other parts of the foot but
17 shall not include the amputation of the foot or leg in its
18 entirety. A podiatric physician may prescribe drugs that
19 relate specifically to the scope of practice authorized
20 herein.
21 (4) "Podiatric physician" means any person licensed to
22 practice podiatric medicine pursuant to this chapter.
23 (5) "Practice of podiatric medicine" means the
24 diagnosis or medical, surgical, palliative, and mechanical
25 treatment of ailments of the human foot and leg. The surgical
26 treatment of ailments of the human foot and leg shall be
27 limited anatomically to that part below the anterior tibial
28 tubercle. The practice of podiatric medicine shall include
29 the amputation of the toes or other parts of the foot but
30 shall not include the amputation of the foot or leg in its
31 entirety. A podiatric physician may prescribe drugs that
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1 relate specifically to the scope of practice authorized
2 herein.
3 Section 51. Paragraph (d) of subsection (1) of section
4 461.006, Florida Statutes, 1998 Supplement, is amended to
5 read:
6 461.006 Licensure by examination.--
7 (1) Any person desiring to be licensed as a podiatric
8 physician shall apply to the department to take the licensure
9 examination. The department shall examine each applicant who
10 the board certifies:
11 (d) Beginning October 1, 1995, Has satisfactorily
12 completed one of the following clinical experience
13 requirements:
14 1. One year of residency in a residency program
15 approved by the board, and if it has been 4 or more years
16 since the completion of that residency, active licensed
17 practice of podiatric medicine in another jurisdiction for at
18 least 2 of the immediately preceding 4 years, or successful
19 completion of a board-approved postgraduate program or
20 board-approved course within the year preceding the filing of
21 the application. For the purpose of this subparagraph, "active
22 licensed practice" means the licensed practice of podiatric
23 medicine as defined in s. 461.003(5) by podiatric physicians,
24 including podiatric physicians employed by any governmental
25 entity, on the active teaching faculty of an accredited school
26 of podiatric medicine, or practicing administrative podiatric
27 medicine.
28 2. Ten years of continuous, active licensed practice
29 of podiatric medicine in another state immediately preceding
30 the submission of the application and completion of at least
31 the same continuing educational requirements during those 10
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1 years as are required of podiatric physicians licensed in this
2 state.
3 Section 52. Subsection (1) of section 461.007, Florida
4 Statutes, 1998 Supplement, is amended to read:
5 461.007 Renewal of license.--
6 (1) The department shall renew a license upon receipt
7 of the renewal application and a fee not to exceed $350 set by
8 the board, and evidence that the applicant has actively
9 practiced podiatric medicine or has been on the active
10 teaching faculty of an accredited school of podiatric medicine
11 for at least 2 years of the immediately preceding 4 years. If
12 the licensee has not actively practiced podiatric medicine for
13 at least 2 years of the immediately preceding 4 years, the
14 board shall require that the licensee successfully complete a
15 board-approved course prior to renewal of the license. For
16 purposes of this subsection, "actively practiced podiatric
17 medicine" means the licensed practice of podiatric medicine as
18 defined in s. 461.003(5) by podiatric physicians, including
19 podiatric physicians employed by any governmental entity, on
20 the active teaching faculty of an accredited school of
21 podiatric medicine, or practicing administrative podiatric
22 medicine. An applicant for a renewed license must also submit
23 the information required under s. 455.565 to the department on
24 a form and under procedures specified by the department, along
25 with payment in an amount equal to the costs incurred by the
26 Department of Health for the statewide criminal background
27 check of the applicant. An The applicant for a renewed license
28 who received an initial license in this state after January 1,
29 1992, must submit a set of fingerprints to the Department of
30 Health on a form and under procedures specified by the
31 department, along with payment in an amount equal to the costs
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1 incurred by the department for a national criminal background
2 check of the applicant for the initial renewal of his or her
3 license after January 1, 2000. If the applicant fails to
4 submit either the information required under s. 455.565 or a
5 set of fingerprints to the department as required by this
6 section, the department shall issue a notice of noncompliance,
7 and the applicant will be given 30 additional days to comply.
8 If the applicant fails to comply within 30 days after the
9 notice of noncompliance is issued, the department or board, as
10 appropriate, may issue a citation to the applicant and may
11 fine the applicant up to $50 for each day that the applicant
12 is not in compliance with the requirements of s. 455.565. The
13 citation must clearly state that the applicant may choose, in
14 lieu of accepting the citation, to follow the procedure under
15 s. 455.621. If the applicant disputes the matter in the
16 citation, the procedures set forth in s. 455.621 must be
17 followed. However, if the applicant does not dispute the
18 matter in the citation with the department within 30 days
19 after the citation is served, the citation becomes a final
20 order and constitutes discipline. Service of a citation may be
21 made by personal service or certified mail, restricted
22 delivery, to the subject at the applicant's last known
23 address. The department may not delay renewing a license due
24 to the processing of a statewide criminal history check or a
25 national criminal background check. If an applicant has
26 received an initial license to practice in this state after
27 January 1, 1992, and has submitted fingerprints to the
28 department for a national criminal history check upon initial
29 licensure and is renewing his or her license for the first
30 time, then the applicant need only submit the information and
31 fee required for a statewide criminal history check.
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1 Section 53. Paragraph (bb) is added to subsection (1)
2 of section 461.013, Florida Statutes, 1998 Supplement, and
3 subsection (2) of that section is amended, to read:
4 461.013 Grounds for disciplinary action; action by the
5 board; investigations by department.--
6 (1) The following acts shall constitute grounds for
7 which the disciplinary actions specified in subsection (2) may
8 be taken:
9 (bb) Failing to comply with the requirements of ss.
10 381.026 and 381.0261 to provide patients with information
11 about their patient rights and how to file a patient
12 complaint.
13 (2) When the board finds any person guilty of any of
14 the grounds set forth in subsection (1), it may enter an order
15 imposing one or more of the following penalties:
16 (a) Refusal to certify to the department an
17 application for licensure.
18 (b) Revocation or suspension of a license.
19 (c) Restriction of practice.
20 (d) Imposition of an administrative fine not to exceed
21 $10,000 $1,000 for each count or separate offense.
22 (e) Issuance of a reprimand.
23 (f) Placing the podiatric physician on probation for a
24 period of time and subject to such conditions as the board may
25 specify, including requiring the podiatric physician to submit
26 to treatment, to attend continuing education courses, to
27 submit to reexamination, and to work under the supervision of
28 another podiatric physician.
29 (g) Imposition of an administrative fine in accordance
30 with s. 381.0261 for violations regarding patient rights.
31
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1 Section 54. Section 461.0135, Florida Statutes, is
2 created to read:
3 461.0135 Operation of X-ray machines by podiatric
4 X-ray assistants.--A licensed podiatric physician may utilize
5 an X-ray machine, expose X-ray films, and interpret or read
6 such films. The provision of part IV of chapter 468 to the
7 contrary notwithstanding, a licensed podiatric physician may
8 authorize or direct a certified podiatric X-ray assistant to
9 operate such equipment and expose such films under the
10 licensed podiatric physician's direction and supervision,
11 pursuant to rules adopted by the board in accordance with s.
12 461.004, which ensures that such certified podiatric X-ray
13 assistant is competent to operate such equipment in a safe and
14 efficient manner by reason of training, experience, and
15 passage of a board-approved course which includes an
16 examination. The board shall issue a certificate to an
17 individual who successfully completes the board-approved
18 course and passes the examination to be administered by the
19 training authority upon completion of such course.
20 Section 55. Subsection (3) is added to section
21 464.008, Florida Statutes, to read:
22 464.008 Licensure by examination.--
23 (3) Any applicant who fails the examination three
24 consecutive times, regardless of the jurisdiction in which the
25 examination is taken, shall be required to complete a
26 board-approved remedial course before the applicant will be
27 approved for reexamination. After taking the remedial course,
28 the applicant may be approved to retake the examination up to
29 three additional times before the applicant is required to
30 retake remediation. The applicant shall apply for
31 reexamination within 6 months after completion of remediation.
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1 The board shall by rule establish guidelines for remedial
2 courses.
3 Section 56. Subsection (13) is added to section
4 464.022, Florida Statutes, to read:
5 464.022 Exceptions.--No provision of this chapter
6 shall be construed to prohibit:
7 (13) The practice of nursing by individuals enrolled
8 in board-approved remedial courses.
9 Section 57. Subsection (12) of section 465.003,
10 Florida Statutes, is amended, subsections (4) through (14) of
11 said section are renumbered as subsections (5) through (15),
12 respectively, and a new subsection (4) is added to said
13 section, to read:
14 465.003 Definitions.--As used in this chapter, the
15 term:
16 (4) "Data communication device" means an electronic
17 device that receives electronic information from one source
18 and transmits or routes it to another, including, but not
19 limited to, any such bridge, router, switch, or gateway.
20 (13)(12) "Practice of the profession of pharmacy"
21 includes compounding, dispensing, and consulting concerning
22 contents, therapeutic values, and uses of any medicinal drug;
23 and consulting concerning therapeutic values and interactions
24 of patent or proprietary preparations, whether pursuant to
25 prescriptions or in the absence and entirely independent of
26 such prescriptions or orders; and other pharmaceutical
27 services. For purposes of this subsection, "other
28 pharmaceutical services" means the monitoring of the patient's
29 drug therapy and assisting the patient in the management of
30 his or her drug therapy, and includes review of the patient's
31 drug therapy and communication with the patient's prescribing
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1 health care provider as licensed under chapter 458, chapter
2 459, chapter 461, or chapter 466, or similar statutory
3 provision in another jurisdiction, or such provider's agent or
4 such other persons as specifically authorized by the patient,
5 regarding the drug therapy. However, nothing in this
6 subsection may be interpreted to permit an alteration of a
7 prescriber's directions, the diagnosis or treatment of any
8 disease, the initiation of any drug therapy, the practice of
9 medicine, or the practice of osteopathic medicine, unless
10 otherwise permitted by law. "Practice of the profession of
11 pharmacy" The phrase also includes any other act, service,
12 operation, research, or transaction incidental to, or forming
13 a part of, any of the foregoing acts, requiring, involving, or
14 employing the science or art of any branch of the
15 pharmaceutical profession, study, or training, and shall
16 expressly permit a pharmacist to transmit information from
17 persons authorized to prescribe medicinal drugs to their
18 patients.
19 Section 58. Paragraph (l) of subsection (1) and
20 paragraph (c) of subsection (2) of section 465.016, Florida
21 Statutes, are amended, and paragraph (q) is added to
22 subsection (1) of that section, to read:
23 465.016 Disciplinary actions.--
24 (1) The following acts shall be grounds for
25 disciplinary action set forth in this section:
26 (l) Placing in the stock of any pharmacy any part of
27 any prescription compounded or dispensed which is returned by
28 a patient; however, in a hospital, nursing home, correctional
29 facility, or extended care facility in which unit-dose
30 medication is dispensed to inpatients, each dose being
31 individually sealed and the individual unit dose or unit-dose
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1 system labeled with the name of the drug, dosage strength,
2 manufacturer's control number, and expiration date, if any,
3 the unused unit dose of medication may be returned to the
4 pharmacy for redispensing. Each pharmacist shall maintain
5 appropriate records for any unused or returned medicinal
6 drugs.
7 (q) Using or releasing a patient's records except as
8 authorized by this chapter and chapter 455.
9 (2) When the board finds any person guilty of any of
10 the grounds set forth in subsection (1), it may enter an order
11 imposing one or more of the following penalties:
12 (c) Imposition of an administrative fine not to exceed
13 $5,000 $1,000 for each count or separate offense.
14 Section 59. Section 465.014, Florida Statutes, is
15 amended to read:
16 465.014 Pharmacy technician.--No person other than a
17 licensed pharmacist or pharmacy intern may engage in the
18 practice of the profession of pharmacy, except that a licensed
19 pharmacist may delegate to nonlicensed pharmacy technicians
20 those duties, tasks, and functions which do not fall within
21 the purview of s. 465.003(13)(12). All such delegated acts
22 shall be performed under the direct supervision of a licensed
23 pharmacist who shall be responsible for all such acts
24 performed by persons under his or her supervision. A pharmacy
25 technician, under the supervision of a pharmacist, may
26 initiate or receive communications with a practitioner or his
27 or her agent, on behalf of a patient, regarding refill
28 authorization requests. No licensed pharmacist shall
29 supervise more than one pharmacy technician unless otherwise
30 permitted by the guidelines adopted by the board. The board
31 shall establish guidelines to be followed by licensees or
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1 permittees in determining the circumstances under which a
2 licensed pharmacist may supervise more than one but not more
3 than three pharmacy technicians.
4 Section 60. Paragraph (c) of subsection (2) of section
5 465.015, Florida Statutes, is amended to read:
6 465.015 Violations and penalties.--
7 (2) It is unlawful for any person:
8 (c) To sell or dispense drugs as defined in s.
9 465.003(8)(7) without first being furnished with a
10 prescription.
11 Section 61. Section 465.0196, Florida Statutes, is
12 amended to read:
13 465.0196 Special pharmacy permits.--Any person
14 desiring a permit to operate a pharmacy which does not fall
15 within the definitions set forth in s. 465.003(11)(10)(a)1.,
16 2., and 3. shall apply to the department for a special
17 pharmacy permit. If the board certifies that the application
18 complies with the applicable laws and rules of the board
19 governing the practice of the profession of pharmacy, the
20 department shall issue the permit. No permit shall be issued
21 unless a licensed pharmacist is designated to undertake the
22 professional supervision of the compounding and dispensing of
23 all drugs dispensed by the pharmacy. The licensed pharmacist
24 shall be responsible for maintaining all drug records and for
25 providing for the security of the area in the facility in
26 which the compounding, storing, and dispensing of medicinal
27 drugs occurs. The permittee shall notify the department
28 within 10 days of any change of the licensed pharmacist
29 responsible for such duties.
30 Section 62. Subsection (3) of section 468.812, Florida
31 Statutes, is amended to read:
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1 468.812 Exemptions from licensure.--
2 (3) The provisions of this act relating to orthotics
3 or pedorthics do not apply to any licensed pharmacist or to
4 any person acting under the supervision of a licensed
5 pharmacist. The practice of orthotics or pedorthics by a
6 pharmacist or any of the pharmacist's employees acting under
7 the supervision of a pharmacist shall be construed to be
8 within the meaning of the term "practice of the profession of
9 pharmacy" as set forth in s. 465.003(13)(12), and shall be
10 subject to regulation in the same manner as any other pharmacy
11 practice. The Board of Pharmacy shall develop rules regarding
12 the practice of orthotics and pedorthics by a pharmacist. Any
13 pharmacist or person under the supervision of a pharmacist
14 engaged in the practice of orthotics or pedorthics shall not
15 be precluded from continuing that practice pending adoption of
16 these rules.
17 Section 63. Subsection (19) of section 499.003,
18 Florida Statutes, is amended to read:
19 499.003 Definitions of terms used in ss.
20 499.001-499.081.--As used in ss. 499.001-499.081, the term:
21 (19) "Legend drug," "prescription drug," or "medicinal
22 drug" means any drug, including, but not limited to, finished
23 dosage forms, or active ingredients subject to, defined by, or
24 described by s. 503(b) of the Federal Food, Drug, and Cosmetic
25 Act or s. 465.003(8)(7), s. 499.007(12), or s. 499.0122(1)(b)
26 or (c).
27 Section 64. (1) There is created within the
28 Department of Health a Task Force for the Study of
29 Collaborative Drug Therapy Management. The department shall
30 provide staff support for the task force. The task force shall
31 consist of not more than 10 members nominated by the
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1 associations and entities named in this section and appointed
2 by the Secretary of Health. Members of the task force shall
3 not receive compensation, per diem, or reimbursement for
4 travel expenses for service on the task force. Participation
5 in the task force is optional and at the discretion of each
6 identified group or entity. The task force shall include:
7 (a) One representative from each of the following
8 associations:
9 1. Florida Society of Health-System Pharmacists.
10 2. Florida Pharmacy Association.
11 3. Florida Medical Association.
12 4. Florida Osteopathic Medical Association.
13 5. Florida Retail Federation.
14 6. Florida Nurses Association.
15 (b) One representative from each of the following
16 entities:
17 1. Department of Health.
18 2. Board of Medicine, which representative must be a
19 member of the board who is licensed under chapter 458, Florida
20 Statutes.
21 3. Board of Osteopathic Medicine, which representative
22 must be a member of the board who is licensed under chapter
23 459, Florida Statutes.
24 4. Board of Pharmacy, which representative must be a
25 member of the board who is licensed under chapter 465, Florida
26 Statutes.
27 5. Agency for Health Care Administration.
28 (2) The task force shall hold its first meeting no
29 later than August 1, 1999, and shall report its findings to
30 the President of the Senate, the Speaker of the House of
31 Representatives, and the chairs of the applicable legislative
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1 committees of substance not later than December 31, 1999. All
2 task force meetings must be held in Tallahassee at the
3 department in order to minimize costs to the state.
4 (3) The task force shall be charged with the
5 responsibility to:
6 (a) Determine the states in which collaborative drug
7 therapy management has been enacted by law or administrative
8 rule and summarize the content of all such laws and rules.
9 (b) Receive testimony from interested parties and
10 identify the extent to which collaborative drug therapy
11 management is currently being practiced in this state and
12 other states.
13 (c) Determine the efficacy of collaborative drug
14 therapy management in improving health care outcomes of
15 patients.
16 Section 65. Section 466.021, Florida Statutes, is
17 amended to read:
18 466.021 Employment of unlicensed persons by dentist;
19 penalty.--Every duly licensed dentist who uses the services of
20 any unlicensed person for the purpose of constructing,
21 altering, repairing, or duplicating any denture, partial
22 denture, bridge splint, or orthodontic or prosthetic appliance
23 shall be required to furnish such unlicensed person with a
24 written work order in such form as prescribed shall be
25 approved by rule of the board department. This form shall be
26 supplied to the dentist by the department at a cost not to
27 exceed that of printing and handling. The work order blanks
28 shall be assigned to individual dentists and are not
29 transferable. This form shall be dated and signed by such
30 dentist and shall include the patient's name or number with
31 sufficient descriptive information to clearly identify the
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1 case for each separate and individual piece of work. A; said
2 work order shall be made in duplicate form, the duplicate copy
3 of such work order shall to be retained in a permanent file in
4 the dentist's office for a period of 2 years, and the original
5 work order shall to be retained in a permanent file for a
6 period of 2 years by such said unlicensed person in her or his
7 place of business. Such permanent file of work orders to be
8 kept by such dentist or by such unlicensed person shall be
9 open to inspection at any reasonable time by the department or
10 its duly constituted agent. Failure of the dentist to keep
11 such permanent records of such said work orders shall subject
12 the dentist to suspension or revocation of her or his license
13 to practice dentistry. Failure of such unlicensed person to
14 have in her or his possession a work order as required by this
15 section above defined shall be admissible evidence of a
16 violation of this chapter and shall constitute a misdemeanor
17 of the second degree, punishable as provided in s. 775.082 or
18 s. 775.083. Nothing in this section shall preclude a
19 registered dental laboratory from working for another
20 registered dental laboratory, provided that such work is
21 performed pursuant to written authorization, in a form to be
22 prescribed by rule of the board department, which evidences
23 that the originating laboratory has obtained a valid work
24 order and which sets forth the work to be performed.
25 Furthermore, nothing in this section shall preclude a
26 registered laboratory from providing its services to dentists
27 licensed and practicing in another state, provided that such
28 work is requested or otherwise authorized in written form
29 which clearly identifies the name and address of the
30 requesting dentist and which sets forth the work to be
31 performed.
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1 Section 66. Paragraph (b) of subsection (2), paragraph
2 (b) of subsection (3), and subsection (4) of section 468.1155,
3 Florida Statutes, are amended to read:
4 468.1155 Provisional license; requirements.--
5 (2) The department shall issue a provisional license
6 to practice speech-language pathology to each applicant who
7 the board certifies has:
8 (b) Received a master's degree or doctoral degree with
9 a major emphasis in speech-language pathology from an
10 institution of higher learning which, at the time the
11 applicant was enrolled and graduated, was accredited by an
12 accrediting agency recognized by the Commission on Recognition
13 of Postsecondary Accreditation or from an institution which is
14 publicly recognized as a member in good standing with the
15 Association of Universities and Colleges of Canada. An
16 applicant who graduated from a program at a university or
17 college outside the United States or Canada must present
18 documentation of the determination of equivalency to standards
19 established by the Commission on Recognition of Postsecondary
20 Accreditation in order to qualify. The applicant must have
21 completed 60 semester hours that include:
22 1. Fundamental information applicable to the normal
23 development and use of speech, hearing, and language;
24 information about training in management of speech, hearing,
25 and language disorders; and information supplementary to these
26 fields.
27 2. Six semester hours in audiology.
28 3. Thirty of the required 60 semester hours in courses
29 acceptable toward a graduate degree by the college or
30 university in which these courses were taken, of which 24
31 semester hours must be in speech-language pathology.
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1 (3) The department shall issue a provisional license
2 to practice audiology to each applicant who the board
3 certifies has:
4 (b) Received a master's degree or doctoral degree with
5 a major emphasis in audiology from an institution of higher
6 learning which at the time the applicant was enrolled and
7 graduated was accredited by an accrediting agency recognized
8 by the Commission on Recognition of Postsecondary
9 Accreditation or from an institution which is publicly
10 recognized as a member in good standing with the Association
11 of Universities and Colleges of Canada. An applicant who
12 graduated from a program at a university or college outside
13 the United States or Canada must present documentation of the
14 determination of equivalency to standards established by the
15 Commission on Recognition of Postsecondary Accreditation in
16 order to qualify. The applicant must have completed 60
17 semester hours that include:
18 1. Fundamental information applicable to the normal
19 development and use of speech, hearing, and language;
20 information about training in management of speech, hearing,
21 and language disorders; and information supplementary to these
22 fields.
23 2. Six semester hours in speech-language pathology.
24 3. Thirty of the required 60 semester hours in courses
25 acceptable toward a graduate degree by the college or
26 university in which these courses were taken, of which 24
27 semester hours must be in audiology.
28 (4) An applicant for a provisional license who has
29 received a master's degree or doctoral degree with a major
30 emphasis in speech-language pathology as provided in
31 subsection (2), or audiology as provided in subsection (3),
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1 and who seeks licensure in the area in which the applicant is
2 not currently licensed, must have completed 30 semester hours
3 in courses acceptable toward a graduate degree and 200
4 supervised clinical clock hours in the second discipline from
5 an accredited institution.
6 Section 67. Section 468.1215, Florida Statutes, is
7 amended to read:
8 468.1215 Speech-language pathology assistant and
9 audiology assistant; certification.--
10 (1) A person desiring to be certified as a
11 speech-language pathology assistant or audiology assistant
12 shall apply to the department.
13 (1)(2) The department shall issue a certificate as a
14 speech-language pathology assistant or as an audiology
15 assistant to each applicant who the board certifies has:
16 (a) Completed the application form and remitted the
17 required fees, including a nonrefundable application fee.
18 (b) Earned a bachelor's degree from a college or
19 university accredited by a regional association of colleges
20 and schools recognized by the Department of Education which
21 includes at least 24 semester hours of coursework as approved
22 by the board at an institution accredited by an accrediting
23 agency recognized by the Commission on Recognition of
24 Postsecondary Accreditation.
25 (2) The department shall issue a certificate as an
26 audiology assistant to each applicant who the board certifies
27 has:
28 (a) Completed the application form and remitted the
29 required fees, including a nonrefundable application fee.
30 (b) Completed at least 24 semester hours of coursework
31 as approved by the board at an institution accredited by an
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1 accrediting agency recognized by the Commission on Recognition
2 of Postsecondary Accreditation.
3 (3) The board, by rule, shall establish minimum
4 education and on-the-job training and supervision requirements
5 for certification as a speech-language pathology assistant or
6 audiology assistant.
7 (4) The provisions of this section shall not apply to
8 any student, intern, or trainee performing speech-language
9 pathology or audiology services while completing the
10 supervised clinical clock hours as required in s. 468.1155.
11 Section 68. Subsection (1) of section 468.307, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 468.307 Certificate; issuance; possession; display.--
14 (1) The department shall issue a certificate to each
15 candidate who has met the requirements of ss. 468.304 and
16 468.306 or has qualified under s. 468.3065. The department may
17 by rule establish a subcategory of a certificate issued under
18 this part limiting the certificateholder to a specific
19 procedure or specific type of equipment.
20 Section 69. Section 468.506, Florida Statutes, 1998
21 Supplement, is amended to read:
22 468.506 Dietetics and Nutrition Practice
23 Council.--There is created the Dietetics and Nutrition
24 Practice Council under the supervision of the board. The
25 council shall consist of four persons licensed under this part
26 and one consumer who is 60 years of age or older. Council
27 members shall be appointed by the board. Licensed members
28 shall be appointed based on the proportion of licensees within
29 each of the respective disciplines. Members shall be
30 appointed for 4-year staggered terms. In order to be eligible
31 for appointment, each licensed member must have been a
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1 licensee under this part for at least 3 years prior to his or
2 her appointment. No council member shall serve more than two
3 successive terms. The board may delegate such powers and
4 duties to the council as it may deem proper to carry out the
5 operations and procedures necessary to effectuate the
6 provisions of this part. However, the powers and duties
7 delegated to the council by the board must encompass both
8 dietetics and nutrition practice and nutrition counseling. Any
9 time there is a vacancy on the council, any professional
10 association composed of persons licensed under this part may
11 recommend licensees to fill the vacancy to the board in a
12 number at least twice the number of vacancies to be filled,
13 and the board may appoint from the submitted list, in its
14 discretion, any of those persons so recommended. Any
15 professional association composed of persons licensed under
16 this part may file an appeal regarding a council appointment
17 with the secretary director of the department agency, whose
18 decision shall be final. The board shall fix council members'
19 compensation and pay their expenses in the same manner as
20 provided in s. 455.534.
21 Section 70. Section 468.701, Florida Statutes, 1998
22 Supplement, is amended to read:
23 468.701 Definitions.--As used in this part, the term:
24 (1) "Athlete" means a person who participates in an
25 athletic activity.
26 (2) "Athletic activity" means the participation in an
27 activity, conducted by an educational institution, a
28 professional athletic organization, or an amateur athletic
29 organization, involving exercises, sports, games, or
30 recreation requiring any of the physical attributes of
31
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1 strength, agility, flexibility, range of motion, speed, and
2 stamina.
3 (3) "Athletic injury" means an injury sustained which
4 affects the athlete's ability to participate or perform in
5 athletic activity.
6 (4) "Athletic trainer" means a person licensed under
7 this part.
8 (5) "Athletic training" means the recognition,
9 prevention, and treatment of athletic injuries.
10 (6) "Board Council" means the Board Council of
11 Athletic Training.
12 (7) "Department" means the Department of Health.
13 (8) "Direct supervision" means the physical presence
14 of the supervisor on the premises so that the supervisor is
15 immediately available to the trainee when needed.
16 (9) "Secretary" means the Secretary of Health.
17 (9)(10) "Supervision" means the easy availability of
18 the supervisor to the athletic trainer, which includes the
19 ability to communicate by telecommunications.
20 Section 71. Section 468.703, Florida Statutes, 1998
21 Supplement, is amended to read:
22 468.703 Board Council of Athletic Training.--
23 (1) The Board Council of Athletic Training is created
24 within the department and shall consist of nine seven members
25 to be appointed by the Governor and confirmed by the Senate
26 secretary.
27 (2) Five Four members of the board must council shall
28 be licensed athletic trainers. One member of the board must
29 council shall be a physician licensed under chapter 458 or
30 chapter 459. One member of the board must council shall be a
31 physician licensed under chapter 460. Two members One member
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1 of the board shall be consumer members, each of whom must
2 council shall be a resident of this state who has never worked
3 as an athletic trainer, who has no financial interest in the
4 practice of athletic training, and who has never been a
5 licensed health care practitioner as defined in s. 455.501(4).
6 Members of the council shall serve staggered 4-year terms as
7 determined by rule of the department; however, no member may
8 serve more than two consecutive terms.
9 (3) For the purpose of staggering terms, the Governor
10 shall appoint the initial members of the board as follows:
11 (a) Three members for terms of 2 years each.
12 (b) Three members for terms of 3 years each.
13 (c) Three members for terms of 4 years each.
14 (4) As the terms of the members expire, the Governor
15 shall appoint successors for terms of 4 years and such members
16 shall serve until their successors are appointed.
17 (5) All provisions of part II of chapter 455 relating
18 to activities of the board shall apply.
19 (6) The board shall maintain its official headquarters
20 in Tallahassee.
21 (3) The council shall advise and assist the department
22 in:
23 (a) Developing rules relating to licensure
24 requirements, the licensure examination, continuing education
25 requirements, fees, records and reports to be filed by
26 licensees, and any other requirements necessary to regulate
27 the practice of athletic training.
28 (b) Monitoring the practice of athletic training in
29 other jurisdictions.
30 (c) Educating the public about the role of athletic
31 trainers.
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1 (d) Collecting and reviewing data regarding the
2 licensed practice of athletic training.
3 (e) Addressing concerns and problems of athletic
4 trainers in order to promote improved safety in the practice
5 of athletic training.
6 (4) Members of the council shall be entitled to
7 compensation and reimbursement for expenses in the same manner
8 as board members are compensated and reimbursed under s.
9 455.534.
10 Section 72. Section 468.705, Florida Statutes, 1998
11 Supplement, is amended to read:
12 468.705 Rulemaking authority.--The board department is
13 authorized to adopt rules pursuant to ss. 120.536(1) and
14 120.54 to implement provisions of this part conferring duties
15 upon it. Such rules shall include, but not be limited to, the
16 allowable scope of practice regarding the use of equipment,
17 procedures, and medication, and requirements for a written
18 protocol between the athletic trainer and a supervising
19 physician, licensure requirements, licensure examination,
20 continuing education requirements, fees, records, and reports
21 to be filed by licensees, protocols, and any other
22 requirements necessary to regulate the practice of athletic
23 training.
24 Section 73. Section 468.707, Florida Statutes, 1998
25 Supplement, is amended to read:
26 468.707 Licensure by examination; requirements.--
27 (1) Any person desiring to be licensed as an athletic
28 trainer shall apply to the department on a form approved by
29 the department.
30 (a) The department shall license each applicant who:
31
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1 1. Has completed the application form and remitted the
2 required fees.
3 2. Is at least 21 years of age.
4 3. Has obtained a baccalaureate degree from a college
5 or university accredited by an accrediting agency recognized
6 and approved by the United States Department of Education or
7 the Commission on Recognition of Postsecondary Accreditation,
8 or approved by the board department.
9 4. Has completed coursework from a college or
10 university accredited by an accrediting agency recognized and
11 approved by the United States Department of Education or the
12 Commission on Recognition of Postsecondary Accreditation, or
13 approved by the board department, in each of the following
14 areas, as provided by rule: health, human anatomy,
15 kinesiology/biomechanics, human physiology, physiology of
16 exercise, basic athletic training, and advanced athletic
17 training.
18 5. Has current certification in standard first aid and
19 cardiovascular pulmonary resuscitation from the American Red
20 Cross or an equivalent certification as determined by the
21 board department.
22 6. Has, within 2 of the preceding 5 years, attained a
23 minimum of 800 hours of athletic training experience under the
24 direct supervision of a licensed athletic trainer or an
25 athletic trainer certified by the National Athletic Trainers'
26 Association or a comparable national athletic standards
27 organization.
28 7. Has passed an examination administered or approved
29 by the board department.
30 (b) The department shall also license each applicant
31 who:
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1 1. Has completed the application form and remitted the
2 required fees no later than October 1, 1996.
3 2. Is at least 21 years of age.
4 3. Has current certification in standard first aid and
5 cardiovascular pulmonary resuscitation from the American Red
6 Cross or an equivalent certification as determined by the
7 board department.
8 4.a. Has practiced athletic training for at least 3 of
9 the 5 years preceding application; or
10 b. Is currently certified by the National Athletic
11 Trainers' Association or a comparable national athletic
12 standards organization.
13 (2) Pursuant to the requirements of s. 455.607
14 455.604, each applicant shall complete a continuing education
15 course on human immunodeficiency virus and acquired immune
16 deficiency syndrome as part of initial licensure.
17 Section 74. Section 468.709, Florida Statutes, is
18 amended to read:
19 468.709 Fees.--
20 (1) The board department shall, by rule, establish
21 fees for the following purposes:
22 (a) An application fee, not to exceed $100.
23 (b) An examination fee, not to exceed $200.
24 (c) An initial licensure fee, not to exceed $200.
25 (d) A biennial renewal fee, not to exceed $200.
26 (e) An inactive fee, not to exceed $100.
27 (f) A delinquent fee, not to exceed $100.
28 (g) A reactivation fee, not to exceed $100.
29 (h) A voluntary inactive fee, not to exceed $100.
30 (2) The board department shall establish fees at a
31 level, not to exceed the statutory fee cap, that is adequate
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1 to ensure the continued operation of the regulatory program
2 under this part. The board department shall neither set nor
3 maintain the fees at a level that will substantially exceed
4 this need.
5 Section 75. Subsections (2) and (3) of section
6 468.711, Florida Statutes, 1998 Supplement, are amended to
7 read:
8 468.711 Renewal of license; continuing education.--
9 (2) The board department may, by rule, prescribe
10 continuing education requirements, not to exceed 24 hours
11 biennially. The criteria for continuing education shall be
12 approved by the board department and shall include 4 hours in
13 standard first aid and cardiovascular pulmonary resuscitation
14 from the American Red Cross or equivalent training as
15 determined by board department.
16 (3) Pursuant to the requirements of s. 455.607
17 455.604, each licensee shall complete a continuing education
18 course on human immunodeficiency virus and acquired immune
19 deficiency syndrome as part of biennial relicensure.
20 Section 76. Subsection (2) of section 468.719, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 468.719 Disciplinary actions.--
23 (2) When the board department finds any person guilty
24 of any of the acts set forth in subsection (1), the board
25 department may enter an order imposing one or more of the
26 penalties provided in s. 455.624.
27 Section 77. Section 468.721, Florida Statutes, is
28 amended to read:
29 468.721 Saving clause.--
30 (1) An athletic trainer registration which is valid on
31 October 1, 1995, shall become for all purposes an athletic
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1 trainer license as required by this part, subject to any
2 disciplinary or administrative action pending on October 1,
3 1995, and shall be subject to all the same terms and
4 conditions as athletic trainer licenses issued after October
5 1, 1995. The department shall retain jurisdiction to impose
6 discipline for any violation of this part which occurred prior
7 to October 1, 1995, but is discovered after October 1, 1995,
8 under the terms of this part prior to October 1, 1995.
9 (2) No judicial or administrative proceeding pending
10 on July 1, 1995, shall be abated as a result of enactment of
11 any provision of this act.
12 (3) Rules adopted by the department relating to the
13 regulation registration of athletic trainers under this part
14 prior to July 1, 1999, shall remain in effect until the board
15 department adopts rules relating to the regulation licensure
16 of athletic trainers under this part which supersede such
17 earlier rules.
18 Section 78. Paragraph (g) of subsection (3) of section
19 20.43, Florida Statutes, 1998 Supplement, is amended to read:
20 20.43 Department of Health.--There is created a
21 Department of Health.
22 (3) The following divisions of the Department of
23 Health are established:
24 (g) Division of Medical Quality Assurance, which is
25 responsible for the following boards and professions
26 established within the division:
27 1. Nursing assistants, as provided under s. 400.211.
28 2. Health care services pools, as provided under s.
29 402.48.
30 3. The Board of Acupuncture, created under chapter
31 457.
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1 4. The Board of Medicine, created under chapter 458.
2 5. The Board of Osteopathic Medicine, created under
3 chapter 459.
4 6. The Board of Chiropractic Medicine, created under
5 chapter 460.
6 7. The Board of Podiatric Medicine, created under
7 chapter 461.
8 8. Naturopathy, as provided under chapter 462.
9 9. The Board of Optometry, created under chapter 463.
10 10. The Board of Nursing, created under chapter 464.
11 11. The Board of Pharmacy, created under chapter 465.
12 12. The Board of Dentistry, created under chapter 466.
13 13. Midwifery, as provided under chapter 467.
14 14. The Board of Speech-Language Pathology and
15 Audiology, created under part I of chapter 468.
16 15. The Board of Nursing Home Administrators, created
17 under part II of chapter 468.
18 16. The Board of Occupational Therapy, created under
19 part III of chapter 468.
20 17. Respiratory therapy, as provided under part V of
21 chapter 468.
22 18. Dietetics and nutrition practice, as provided
23 under part X of chapter 468.
24 19. The Board of Athletic Training trainers, created
25 as provided under part XIII of chapter 468.
26 20. The Board of Orthotists and Prosthetists, created
27 under part XIV of chapter 468.
28 21. Electrolysis, as provided under chapter 478.
29 22. The Board of Massage Therapy, created under
30 chapter 480.
31
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1 23. The Board of Clinical Laboratory Personnel,
2 created under part III of chapter 483.
3 24. Medical physicists, as provided under part IV of
4 chapter 483.
5 25. The Board of Opticianry, created under part I of
6 chapter 484.
7 26. The Board of Hearing Aid Specialists, created
8 under part II of chapter 484.
9 27. The Board of Physical Therapy Practice, created
10 under chapter 486.
11 28. The Board of Psychology, created under chapter
12 490.
13 29. School psychologists, as provided under chapter
14 490.
15 30. The Board of Clinical Social Work, Marriage and
16 Family Therapy, and Mental Health Counseling, created under
17 chapter 491.
18
19 The department may contract with the Agency for Health Care
20 Administration who shall provide consumer complaint,
21 investigative, and prosecutorial services required by the
22 Division of Medical Quality Assurance, councils, or boards, as
23 appropriate.
24 Section 79. The Council of Athletic Training and the
25 terms of all council members are terminated on July 1, 1999.
26 However, such termination in no way precludes the Governor
27 from considering any former council member for appointment to
28 the Board of Athletic Training created by this act.
29 Section 80. Section 468.805, Florida Statutes, is
30 amended to read:
31
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1 468.805 Grandfathering Licensure without examination;
2 provisional licensure.--
3 (1) A person who has practiced orthotics, prosthetics,
4 or pedorthics in this state for the required period since July
5 1, 1990, who, before March 1, 1998, applies to the department
6 for a license to practice orthotics, prosthetics, or
7 pedorthics, may be licensed as a prosthetist, orthotist,
8 prosthetist-orthotist, orthotic fitter, orthotic fitter
9 assistant, or pedorthist, as determined from the person's
10 experience, certification, and educational preparation,
11 without meeting the educational requirements set forth in s.
12 468.803, upon receipt of the application fee and licensing fee
13 and after the board has completed an investigation into the
14 applicant's background and experience. The board shall require
15 an application fee not to exceed $500, which shall be
16 nonrefundable. The board shall complete its investigation
17 within 6 months after receipt of the completed application.
18 The period of experience required for licensure under this
19 section subsection is 5 years for a prosthetist; 2 years for
20 an orthotic fitter, an orthotic fitter assistant, or a
21 pedorthist; and 5 years for an orthotist whose scope of
22 practice is defined under s. 468.80(7).
23 (2)(a) A person who has received certification as an
24 orthotist, a prosthetist, or a prosthetist-orthotist from a
25 national certifying body and who has practiced orthotics or
26 prosthetics in this state for at least 2 years but less than 5
27 years is eligible for a provisional license.
28 (b) An applicant for provisional licensure shall
29 submit proof that he or she has been actively practicing as a
30 nationally certified orthotist, prosthetist, or
31
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1 prosthetist-orthotist, an application fee, and a provisional
2 license fee.
3 (c) A provisional licensee is required to practice
4 under supervision of a fully licensed orthotist, prosthetist,
5 or prosthetist-orthotist for up to 3 years in order to meet
6 the 5-year experience requirement of subsection (1) to be
7 licensed as an orthotist, prosthetist, or
8 prosthetist-orthotist.
9 (d) After appropriate investigation, the board shall
10 license as an orthotist, prosthetist, or prosthetist-orthotist
11 the provisional licensee who has successfully completed the
12 period of experience required and otherwise meets the
13 requirements of subsection (1).
14 (e) The board shall require an application fee, not to
15 exceed $500, which is nonrefundable, and a provisional
16 licensure fee, not to exceed $500.
17 (3) An applicant who has received certification as an
18 orthotist, a prosthetist, a prosthetist-orthotist, or a
19 pedorthist from a national certifying body which requires the
20 successful completion of an examination, may be licensed under
21 this section without taking an additional examination. An
22 applicant who has not received certification from a national
23 certifying body which requires the successful completion of an
24 examination shall be required to take an examination as
25 determined by the board. This examination shall be designed to
26 determine if the applicant has the minimum qualifications
27 needed to be licensed under this section. The board may charge
28 an examination fee and the actual per applicant cost to the
29 department for purchase or development of the examination.
30 (4) An applicant who successfully completed prior to
31 March 1, 1998, at least one-half of the examination required
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1 for national certification and successfully completed the
2 remaining portion of the examination and became certified
3 prior to July 1, 1998, shall be considered as nationally
4 certified by March 1, 1998, for purposes of this section.
5 (5)(4) This section is repealed July 1, 2002.
6 Section 81. Subsection (3) of section 468.806, Florida
7 Statutes, is amended to read:
8 468.806 Biennial renewal of license.--
9 (3) The board may by rule prescribe continuing
10 education requirements and approve course criteria, not to
11 exceed 30 hours biennially, as a condition for license
12 renewal. The board shall establish a procedure for approving
13 continuing education courses and providers and may set a fee
14 for continuing education course and provider approval.
15 Section 82. Subsection (5) of section 478.42, Florida
16 Statutes, is amended to read:
17 478.42 Definitions.--As used in this chapter, the
18 term:
19 (5) "Electrolysis or electrology" means the permanent
20 removal of hair by destroying introducing, into and beneath
21 the skin, ionizing (galvanic current) or nonionizing radiation
22 (thermolysis or high-frequency current) to destroy the
23 hair-producing cells of the skin and vascular system, using
24 equipment and needle-type epilation devices approved by the
25 board which have been cleared by and that are registered with
26 the United States Food and Drug Administration and that are
27 used pursuant to protocols approved by the council and the
28 board.
29 Section 83. Section 483.041, Florida Statutes, is
30 amended to read:
31 483.041 Definitions.--As used in this part, the term:
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1 (1) "Agency" means the Agency for Health Care
2 Administration.
3 (2) "Clinical laboratory" means the physical location
4 in which one or more of the following services a laboratory
5 where examinations are performed on materials or specimens
6 taken from the human body to provide information or materials
7 for use in the diagnosis, prevention, or treatment of a
8 disease or the identification or assessment of a medical or
9 physical condition.
10 (a) Clinical laboratory services are the examinations
11 of fluids or other materials taken from the human body.
12 (b) Anatomic laboratory services are the examinations
13 of tissue taken from the human body.
14 (c) Cytology laboratory services are the examinations
15 of cells from individual tissues or fluid taken from the human
16 body.
17 (3) "Clinical laboratory examination" means a
18 procedure performed to deliver the services defined in
19 subsection (2), including the oversight or interpretation
20 thereof.
21 (4)(3) "Clinical laboratory proficiency testing
22 program" means a program approved by the agency for evaluating
23 the performance of clinical laboratories.
24 (5)(4) "Collection station" or "branch office" means a
25 facility operated by a clinical laboratory where materials or
26 specimens are withdrawn or collected from patients or
27 assembled after being withdrawn or collected from patients
28 elsewhere, for subsequent delivery to another location for
29 examination.
30 (6)(5) "Hospital laboratory" means a laboratory
31 located in a hospital licensed under chapter 395 that provides
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1 services solely to that hospital and that is owned by the
2 hospital and governed by the hospital medical staff or
3 governing board.
4 (7)(6) "Licensed practitioner" means a physician
5 licensed under chapter 458, chapter 459, chapter 460, or
6 chapter 461; a dentist licensed under chapter 466; a person
7 licensed under chapter 462; or an advanced registered nurse
8 practitioner licensed under chapter 464 or a duly licensed
9 practitioner from another state licensed under similar
10 statutes who orders examinations on materials or specimens for
11 non residents of the State of Florida, but who reside in the
12 same state as the requesting licensed practitioner.
13 (8)(7) "Person" means the State of Florida or any
14 individual, firm, partnership, association, corporation,
15 county, municipality, political subdivision, or other entity,
16 whether organized for profit or not.
17 (9)(8) "Validation inspection" means an inspection of
18 a clinical laboratory by the agency to assess whether a review
19 by an accrediting organization has adequately evaluated the
20 clinical laboratory according to state standards.
21 (10)(9) "Waived test" means a test that the federal
22 Health Care Financing Administration has determined qualifies
23 for a certificate of waiver under the federal Clinical
24 Laboratory Improvement Amendments of 1988, and the federal
25 rules adopted thereunder.
26 Section 84. Subsections (2), (3), and (7) of section
27 483.803, Florida Statutes, are amended to read:
28 483.803 Definitions.--As used in this part, the term:
29 (2) "Clinical laboratory" means a clinical laboratory
30 as defined in s. 483.041(2).
31
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1 (3) "Clinical laboratory examination" means a clinical
2 laboratory examination as defined in s. 483.041 an examination
3 performed on materials or specimens of the human body to
4 provide information or materials for use in the diagnosis,
5 prevention, or treatment of a disease or the identification or
6 assessment of a medical or physical condition.
7 (7) "Licensed practitioner of the healing arts" means
8 a physician licensed under pursuant to chapter 458, chapter
9 459, or chapter 460, or chapter 461; a dentist licensed under
10 pursuant to chapter 466; or a person licensed under pursuant
11 to chapter 461 or chapter 462.
12
13
14 Section 85. Subsection (9) of section 483.807, Florida
15 Statutes, 1998 Supplement, is amended to read:
16 483.807 Fees; establishment; disposition.--
17 (9) The initial application and renewal fee for
18 approval as a laboratory training program may not exceed $300.
19 The fee for late filing of a renewal application shall be $50.
20 Section 86. Subsections (2) and (3) of section
21 483.809, Florida Statutes, are amended to read:
22 483.809 Licensure; examinations; registration of
23 trainees; approval of curricula.--
24 (2) EXAMINATIONS.--The department shall conduct
25 examinations required by board rules to determine in part the
26 qualification of clinical laboratory personnel for licensure.
27 The board by rule may designate a An approved national
28 certification examination that may be accepted in lieu of
29 state examination for clinical laboratory personnel or public
30 health scientists.
31
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1 (3) REGISTRATION OF TRAINEES.--The department shall
2 provide for annual registration of clinical laboratory
3 trainees who are enrolled in a training program employed by
4 laboratories approved pursuant to s. 483.811, which
5 registration may not be renewed except upon special
6 authorization of the board.
7 Section 87. Section 483.812, Florida Statutes, is
8 amended to read:
9 483.812 Public health laboratory scientists;
10 licensure.--
11 (1) Applicants at the director level in the category
12 of public health shall qualify under s. 483.824.
13 (2)(1) Applicants at the director and supervisor level
14 in the category of public health who are certified registered
15 by the National Registry in of Clinical Chemistry
16 Certification or the American Society for of Microbiology,
17 licensed as a technologist, and have 5 years of pertinent
18 clinical laboratory experience may qualify under board rules
19 by passing the state-administered appropriate supervision and
20 administration examination.
21 (3)(2)(a) A technologist applicant for licensure in
22 the category of public health microbiology, with a
23 baccalaureate degree in one of the biological sciences from an
24 accredited institution, may use the American Society for of
25 Microbiology or the National Registry in of Microbiology
26 Certification in Public Health Microbiology to qualify for a
27 technologist license in public health microbiology. Such a
28 technologist may work in a public health microbiology
29 laboratory.
30 (b) A technologist applicant for licensure in the
31 category of public health chemistry, with a baccalaureate
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1 degree in one of the chemical, biological, or physical
2 sciences from an accredited institution, may use the National
3 Registry of Clinical Chemistry Certification to qualify for a
4 technologist license in public health chemistry. Such a
5 technologist may work in a public health chemistry laboratory.
6 (c) A technician applicant for licensure in the
7 category of public health, with a baccalaureate degree in one
8 of the chemical or biological sciences from an accredited
9 institution, may obtain a 2-year one-time, 3-year, conditional
10 public health technician license, which may be renewed once
11 pending national certification by the American Society of
12 Microbiology or the National Registry of Clinical Chemistry
13 Certification. Such a technician may perform testing only
14 under the direct supervision of a licensed pathologist,
15 director, supervisor, or technologist.
16 (4)(3) A person licensed by the Board of Clinical
17 Laboratory Personnel may work in a public health laboratory at
18 the appropriate level and specialty.
19 Section 88. Section 483.813, Florida Statutes, is
20 amended to read:
21 483.813 Clinical laboratory personnel license.--A
22 person may not conduct a clinical laboratory examination or
23 report the results of such examination unless such person is
24 licensed under this part to perform such procedures. However,
25 this provision does not apply to any practitioner of the
26 healing arts authorized to practice in this state or to
27 persons engaged in testing performed by laboratories regulated
28 under s. 483.035(1) or exempt from regulation under s.
29 483.031(2). The department may grant a temporary license to
30 any candidate it deems properly qualified, for a period not to
31
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1 exceed 1 year, or a conditional license for a period not to
2 exceed 3 years.
3 Section 89. Subsection (3) is added to section
4 483.821, Florida Statutes, to read:
5 483.821 Periodic demonstration of competency;
6 continuing education or reexamination.--
7 (3) The board may, by rule, provide for continuing
8 education or retraining requirements for candidates failing an
9 examination two or more times.
10 Section 90. Section 483.824, Florida Statutes, is
11 amended to read:
12 483.824 Qualifications of clinical laboratory
13 director.--A clinical laboratory director must have 4 years of
14 clinical laboratory experience with 2 years of experience in
15 the speciality to be directed or be nationally board certified
16 in the specialty to be directed, and must meet one of the
17 following requirements:
18 (1) Be a physician licensed under chapter 458 or
19 chapter 459;
20 (2) Hold an earned doctoral degree in a chemical,
21 physical, or biological science from a regionally accredited
22 institution and be nationally certified; or
23 (3) For the subspecialty of oral pathology, be a
24 physician licensed under chapter 458 or chapter 459 or a
25 dentist licensed under chapter 466.
26 Section 91. Section 483.825, Florida Statutes, is
27 amended to read:
28 483.825 Grounds for disciplinary action.--The
29 following acts constitute grounds for which disciplinary
30 actions specified in s. 483.827 may be taken against
31 applicants, registrants, and licensees under this part:
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1 (1) Attempting to obtain, obtaining, or renewing a
2 license or registration under this part by bribery, by
3 fraudulent misrepresentation, or through an error of the
4 department or the board.
5 (2) Engaging in or attempting to engage in, or
6 representing herself or himself as entitled to perform, any
7 clinical laboratory procedure or category of procedures not
8 authorized pursuant to her or his license.
9 (3) Demonstrating incompetence or making consistent
10 errors in the performance of clinical laboratory examinations
11 or procedures or erroneous reporting.
12 (4) Performing a test and rendering a report thereon
13 to a person not authorized by law to receive such services.
14 (5) Has been convicted or found guilty of, or entered
15 a plea of nolo contendere to, regardless of adjudication, a
16 crime in any jurisdiction which directly relates to the
17 activities of clinical laboratory personnel or involves moral
18 turpitude or fraudulent or dishonest dealing. The record of a
19 conviction certified or authenticated in such form as to be
20 admissible in evidence under the laws of the state shall be
21 admissible as prima facie evidence of such guilt. Having been
22 convicted of a felony or of any crime involving moral
23 turpitude under the laws of any state or of the United States.
24 The record of conviction or a certified copy thereof shall be
25 conclusive evidence of such conviction.
26 (6) Having been adjudged mentally or physically
27 incompetent.
28 (7) Violating or aiding and abetting in the violation
29 of any provision of this part or the rules adopted hereunder.
30 (8) Reporting a test result when no laboratory test
31 was performed on a clinical specimen.
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1 (9) Knowingly advertising false services or
2 credentials.
3 (10) Having a license revoked, suspended, or otherwise
4 acted against, including the denial of licensure, by the
5 licensing authority of another jurisdiction. The licensing
6 authority's acceptance of a relinquishment of a license,
7 stipulation, consent order, or other settlement, offered in
8 response to or in anticipation of the filing of administrative
9 charges against the licensee, shall be construed as action
10 against the licensee.
11 (11) Failing to report to the board, in writing,
12 within 30 days that an if action under subsection (5),
13 subsection (6), or subsection (10) has been taken against the
14 licensee or one's license to practice as clinical laboratory
15 personnel in another state, territory, or country, or other
16 jurisdiction.
17 (12) Being unable to perform or report clinical
18 laboratory examinations with reasonable skill and safety to
19 patients by reason of illness or use of alcohol, drugs,
20 narcotics, chemicals, or any other type of material or as a
21 result of any mental or physical condition. In enforcing this
22 subsection, the department shall have, upon a finding of the
23 secretary or his or her designee that probable cause exists to
24 believe that the licensee is unable to practice because of the
25 reasons stated in this subsection, the authority to issue an
26 order to compel a licensee to submit to a mental or physical
27 examination by physicians designated by the department. If
28 the licensee refuses to comply with such order, the
29 department's order directing such examination may be enforced
30 by filing a petition for enforcement in the circuit court
31 where the licensee resides or does business. The department
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1 shall be entitled to the summary procedure provided in s.
2 51.011. A licensee affected under this subsection shall at
3 reasonable intervals be afforded an opportunity to demonstrate
4 that he or she can resume competent practice with reasonable
5 skill and safety to patients.
6 (13) Delegating professional responsibilities to a
7 person when the licensee delegating such responsibilities
8 knows, or has reason to know, that such person is not
9 qualified by training, experience, or licensure to perform
10 them.
11 (14) Violating a previous order of the board entered
12 in a disciplinary proceeding.
13 (15) Failing to report to the department a person or
14 other licensee who the licensee knows is in violation of this
15 chapter or the rules of the department or board adopted
16 hereunder.
17 (16) Making or filing a report which the licensee
18 knows to be false, intentionally or negligently failing to
19 file a report or record required by state or federal law,
20 willfully impeding or obstructing such filing or inducing
21 another person to do so, including, but not limited to,
22 impeding an agent of the state from obtaining a report or
23 record for investigative purposes. Such reports or records
24 shall include only those generated in the capacity as a
25 licensed clinical laboratory personnel.
26 (17) Paying or receiving any commission, bonus,
27 kickback, or rebate, or engaging in any split-fee arrangement
28 in any form whatsoever with a physician, organization, agency,
29 or person, either directly or indirectly for patients referred
30 to providers of health care goods and services including, but
31 not limited to, hospitals, nursing homes, clinical
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1 laboratories, ambulatory surgical centers, or pharmacies. The
2 provisions of this subsection shall not be construed to
3 prevent a clinical laboratory professional from receiving a
4 fee for professional consultation services.
5 (18) Exercising influence on a patient or client in
6 such a manner as to exploit the patient or client for the
7 financial gain of the licensee or other third party, which
8 shall include, but not be limited to, the promoting, selling,
9 or withholding of services, goods, appliances, referrals, or
10 drugs.
11 (19) Practicing or offering to practice beyond the
12 scope permitted by law or rule, or accepting or performing
13 professional services or responsibilities which the licensee
14 knows or has reason to know that he or she is not competent to
15 perform.
16 (20) Misrepresenting or concealing a material fact at
17 any time during any phase of the licensing, investigative, or
18 disciplinary process, procedure, or proceeding.
19 (21) Improperly interfering with an investigation or
20 any disciplinary proceeding.
21 (22) Engaging in or attempting to engage in sexual
22 misconduct, causing undue embarrassment or using disparaging
23 language or language of a sexual nature towards a patient,
24 exploiting superior/subordinate, professional/patient,
25 instructor/student relationships for personal gain, sexual
26 gratification, or advantage.
27 Section 92. Paragraph (g) of subsection (4) and
28 subsections (6) and (8) of section 483.901, Florida Statutes,
29 1998 Supplement, are amended to read:
30 483.901 Medical physicists; definitions; licensure.--
31
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1 (4) COUNCIL.--The Advisory Council of Medical
2 Physicists is created in the Department of Health to advise
3 the department in regulating the practice of medical physics
4 in this state.
5 (g) If a vacancy on the council occurs, the secretary
6 director shall appoint a member to serve for a 4-year term.
7 (6) LICENSE REQUIRED.--An individual may not engage in
8 the practice of medical physics, including the specialties of
9 diagnostic radiological physics, therapeutic radiological
10 physics, medical nuclear radiological physics, or medical
11 health physics, without a license issued by the department for
12 the appropriate specialty.
13 (a) The department shall adopt rules to administer
14 this section which specify license application and renewal
15 fees, continuing education requirements, and standards for
16 practicing medical physics. The council shall recommend to
17 the department continuing education requirements that shall be
18 a condition of license renewal. The department shall require
19 a minimum of 24 hours per biennium of continuing education
20 offered by an organization recommended by the council and
21 approved by the department. The department, upon
22 recommendation of the council, may adopt rules to specify
23 continuing education requirements for persons who hold a
24 license in more than one specialty.
25 (b) In order to apply for a medical physicist license
26 in one or more specialties, a person must file an individual
27 application for each specialty with the department. The
28 application must be on a form prescribed by the department and
29 must be accompanied by a nonrefundable application fee for
30 each specialty.
31
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1 (c) The department may issue a license to an eligible
2 applicant if the applicant meets all license requirements. At
3 any time before the department issues a license, the applicant
4 may request in writing that the application be withdrawn. To
5 reapply, the applicant must submit a new application and an
6 additional nonrefundable application fee and must meet all
7 current licensure requirements.
8 (d) The department shall review each completed
9 application for a license which the department receives.
10 (e) On receipt of an application and fee as specified
11 in this section, the department may issue a license to
12 practice medical physics in this state:
13 1. Until October 1, 1998, to a person who meets any of
14 the following requirements:
15 a. Earned from an accredited college or university a
16 doctoral degree in physics, medical physics, biophysics,
17 radiological physics, medical health physics, or nuclear
18 engineering and has at least 2 years' experience in the
19 practice of the medical physics specialty for which
20 application is made.
21 b. Earned from an accredited college or university a
22 master's degree in physics, medical physics, biophysics,
23 radiological physics, medical health physics, or nuclear
24 engineering and has at least 3 years' experience in the
25 practice of the medical physics specialty for which
26 application is made.
27 c. Earned from an accredited college or university a
28 bachelor's degree in physics and has at least 5 years'
29 experience in the practice of the medical physics specialty
30 for which application is made.
31
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1 d. Has at least 8 years' experience in the practice of
2 the medical physics specialty for which application is made, 2
3 years of which must have been earned within the 4 years
4 immediately preceding application for licensure.
5 e. Is board certified in the medical physics specialty
6 in which the applicant applies to practice by the American
7 Board of Radiology for diagnostic radiological physics,
8 therapeutic radiological physics, or medical nuclear
9 radiological physics; by the American Board of Medical Physics
10 or the Canadian Board of Medical Physics for diagnostic
11 radiological physics, therapeutic radiological physics, or
12 medical nuclear radiological physics; or by the American Board
13 of Health Physics or an equivalent certifying body approved by
14 the agency.
15 2. On or after October 1, 1997, to a person who is
16 board certified in the medical physics specialty in which the
17 applicant applies to practice by the American Board of
18 Radiology for diagnostic radiological physics, therapeutic
19 radiological physics, or medical nuclear radiological physics;
20 by the American Board of Medical Physics for diagnostic
21 radiological physics, therapeutic radiological physics, or
22 medical nuclear radiological physics; or by the American Board
23 of Health Physics or an equivalent certifying body approved by
24 the department.
25 (f) A licensee shall:
26 1. Display the license in a place accessible to the
27 public; and
28 2. Report immediately any change in the licensee's
29 address or name to the department.
30 (g) The following acts are grounds for which the
31 disciplinary actions in paragraph (h) may be taken:
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1 1. Obtaining or attempting to obtain a license by
2 bribery, fraud, knowing misrepresentation, or concealment of
3 material fact or through an error of the department.
4 2. Having a license denied, revoked, suspended, or
5 otherwise acted against in another jurisdiction.
6 3. Being convicted or found guilty of, or entering a
7 plea of nolo contendere to, regardless of adjudication, a
8 crime in any jurisdiction which relates to the practice of, or
9 the ability to practice, the profession of medical physics.
10 4. Willfully failing to file a report or record
11 required for medical physics or willfully impeding or
12 obstructing the filing of a report or record required by this
13 section or inducing another person to do so.
14 5. Making misleading, deceptive, or fraudulent
15 representations in or related to the practice of medical
16 physics.
17 6. Willfully failing to report any known violation of
18 this section or any rule adopted thereunder.
19 7. Willfully or repeatedly violating a rule adopted
20 under this section or an order of the department.
21 8. Failing to perform any statutory or legal
22 obligation placed upon a licensee.
23 9. Aiding, assisting, procuring, employing, or
24 advising any unlicensed person to practice medical physics
25 contrary to this section or any rule adopted thereunder.
26 10. Delegating or contracting for the performance of
27 professional responsibilities by a person when the licensee
28 delegating or contracting such responsibilities knows, or has
29 reason to know, such person is not qualified by training,
30 experience, and authorization to perform them.
31
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1 11. Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities the licensee knows, or has
4 reason to know, the licensee is not competent to perform.
5 12. Gross or repeated malpractice or the inability to
6 practice medical physics with reasonable skill and safety.
7 13. Judicially determined mental incompetency.
8 14. Being unable to practice medical physics with
9 reasonable skill and safety because of a mental or physical
10 condition or illness or the use of alcohol, controlled
11 substances, or any other substance which impairs one's ability
12 to practice.
13 a. The department may, upon probable cause, compel a
14 licensee to submit to a mental or physical examination by
15 physicians designated by the department. The cost of an
16 examination shall be borne by the licensee, and the licensee's
17 failure to submit to such an examination constitutes an
18 admission of the allegations against the licensee, consequent
19 upon which a default and a final order may be entered without
20 the taking of testimony or presentation of evidence, unless
21 the failure was due to circumstances beyond the licensee's
22 control.
23 b. A licensee who is disciplined under this
24 subparagraph shall, at reasonable intervals, be afforded an
25 opportunity to demonstrate that the licensee can resume the
26 practice of medical physics with reasonable skill and safety.
27 c. With respect to any proceeding under this
28 subparagraph, the record of proceedings or the orders entered
29 by the department may not be used against a licensee in any
30 other proceeding.
31
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1 (h) When the department finds any person guilty of any
2 of the grounds set forth in paragraph (g), including conduct
3 that would constitute a substantial violation of paragraph (g)
4 which occurred prior to licensure, it may enter an order
5 imposing one or more of the following penalties:
6 1. Deny the application for licensure.
7 2. Revoke or suspend the license.
8 3. Impose an administrative fine for each count or
9 separate offense.
10 4. Place the licensee on probation for a specified
11 time and subject the licensee to such conditions as the
12 department determines necessary, including requiring
13 treatment, continuing education courses, or working under the
14 monitoring or supervision of another licensee.
15 5. Restrict a licensee's practice.
16 6. Issue a reprimand to the licensee.
17 (i) The department may not issue or reinstate a
18 license to a person it has deemed unqualified until it is
19 satisfied that such person has complied with the terms and
20 conditions of the final order and that the licensee can safely
21 practice medical physics.
22 (j) The department may issue a temporary license to an
23 applicant pending completion of the application process for
24 board certification.
25 (j)(k) Upon receipt of a complete application and the
26 fee set forth by rule, the department may issue a
27 physicist-in-training certificate to a person qualified to
28 practice medical physics under direct supervision. The
29 department may establish by rule requirements for initial
30 certification and renewal of a physicist-in-training
31 certificate.
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1 (8) DISPOSITION OF FEES.--The department shall deposit
2 all funds received into the Medical Quality Assurance Health
3 Care Trust Fund.
4 Section 93. Paragraph (d) of subsection (1) of section
5 484.007, Florida Statutes, is amended to read:
6 484.007 Licensure of opticians; permitting of optical
7 establishments.--
8 (1) Any person desiring to practice opticianry shall
9 apply to the department, upon forms prescribed by it, to take
10 a licensure examination. The department shall examine each
11 applicant who the board certifies:
12 (d)1. Has received an associate degree, or its
13 equivalent, in opticianry from an educational institution the
14 curriculum of which is accredited by an accrediting agency
15 recognized and approved by the United States Department of
16 Education or the Council on Postsecondary Education or
17 approved by the board;
18 2. Is an individual licensed to practice the
19 profession of opticianry pursuant to a regulatory licensing
20 law of another state, territory, or jurisdiction of the United
21 States, who has actively practiced in such other state,
22 territory, or jurisdiction for more than 3 years immediately
23 preceding application, and who meets the examination
24 qualifications as provided in this subsection;
25 3. Is an individual who has actively practiced in
26 another state, territory, or jurisdiction of the United States
27 for more than 5 years immediately preceding application and
28 who provides tax or business records, affidavits, or other
29 satisfactory documentation of such practice and who meets the
30 examination qualifications as provided in this subsection; or
31
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1 4. Has registered as an apprentice with the department
2 and paid a registration fee not to exceed $60, as set by rule
3 of the board. The apprentice shall complete 6,240 hours of
4 training under the supervision of an optician licensed in this
5 state for at least 1 year or of, a physician, or an
6 optometrist licensed under the laws of this state. These
7 requirements must be met within 5 years after the date of
8 registration. However, any time spent in a recognized school
9 may be considered as part of the apprenticeship program
10 provided herein. The board may establish administrative
11 processing fees sufficient to cover the cost of administering
12 apprentice rules as promulgated by the board.
13 Section 94. Subsection (3) is added to section
14 484.0512, Florida Statutes, to read:
15 484.0512 Thirty-day trial period; purchaser's right to
16 cancel; notice; refund; cancellation fee.--
17 (3) Within 30 days after the return or attempted
18 return of the hearing aid, the seller shall refund all moneys
19 that must be refunded to a purchaser pursuant to this section.
20 Section 95. Section 484.053, Florida Statutes, is
21 amended to read:
22 484.053 Prohibitions; penalties.--
23 (1) A person may not:
24 (a) Practice dispensing hearing aids unless the person
25 is a licensed hearing aid specialist;
26 (b) Use the name or title "hearing aid specialist"
27 when the person has not been licensed under this part;
28 (c) Present as her or his own the license of another;
29 (d) Give false, incomplete, or forged evidence to the
30 board or a member thereof for the purposes of obtaining a
31 license;
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1 (e) Use or attempt to use a hearing aid specialist
2 license that is delinquent or has been suspended, revoked, or
3 placed on inactive or delinquent status;
4 (f) Knowingly employ unlicensed persons in the
5 practice of dispensing hearing aids; or
6 (g) Knowingly conceal information relative to
7 violations of this part.
8 (2) Any person who violates any of the provisions of
9 this section is guilty of a felony misdemeanor of the third
10 second degree, punishable as provided in s. 775.082 or s.
11 775.083.
12 (3) If a person licensed under this part allows the
13 sale of a hearing aid by an unlicensed person not registered
14 as a trainee or fails to comply with the requirements of s.
15 484.0445(2) relating to supervision of trainees, the board
16 shall, upon determination of that violation, order the full
17 refund of moneys paid by the purchaser upon return of the
18 hearing aid to the seller's place of business.
19 Section 96. Paragraph (a) of subsection (1) of section
20 484.056, Florida Statutes, 1998 Supplement, is amended to
21 read:
22 484.056 Disciplinary proceedings.--
23 (1) The following acts relating to the practice of
24 dispensing hearing aids shall be grounds for both disciplinary
25 action against a hearing aid specialist as set forth in this
26 section and cease and desist or other related action by the
27 department as set forth in s. 455.637 against any person
28 owning or operating a hearing aid establishment who engages
29 in, aids, or abets any such violation:
30 (a) Violation of any provision of s. 455.624(1), s.
31 484.0512, or s. 484.053.
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1 Section 97. Section 486.041, Florida Statutes, is
2 amended to read:
3 486.041 Physical therapist; application for license;
4 fee; temporary permit.--
5 (1) A person who desires to be licensed as a physical
6 therapist shall apply to the department in writing on a form
7 furnished by the department. She or he shall embody in that
8 application evidence under oath, satisfactory to the board, of
9 possession of the qualifications preliminary to examination
10 required by s. 486.031. The applicant shall pay to the
11 department at the time of filing the application a fee not to
12 exceed $100, as fixed by the board.
13 (2) If a person desires to practice physical therapy
14 before becoming licensed through examination, she or he shall
15 apply for a temporary permit in accordance with rules adopted
16 pursuant to this chapter.
17 (a) A temporary permit shall only be issued for a
18 limited period of time, not to exceed 1 year, and shall not be
19 renewable. A temporary permit shall automatically expire if an
20 applicant fails the examination.
21 (b) An applicant for licensure by examination and
22 practicing under a temporary permit shall do so only under the
23 direct supervision of a licensed physical therapist.
24 Section 98. Section 486.081, Florida Statutes, is
25 amended to read:
26 486.081 Physical therapist; issuance of license
27 without examination to person passing examination of another
28 authorized examining board; temporary permit; fee.--
29 (1) The board may cause a license to be issued through
30 the department without examination to any applicant who
31 presents evidence satisfactory to the board of having passed
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1 the American Registry Examination prior to 1971 or an
2 examination in physical therapy before a similar lawfully
3 authorized examining board of another state, the District of
4 Columbia, a territory, or a foreign country, if the standards
5 for licensure in physical therapy in such other state,
6 district, territory, or foreign country are determined by the
7 board to be as high as those of this state, as established by
8 rules adopted pursuant to this chapter. Any person who holds a
9 license pursuant to this section may use the words "physical
10 therapist" or "physiotherapist," or the letters "P.T.," in
11 connection with her or his name or place of business to denote
12 her or his licensure hereunder.
13 (2) At the time of making application for licensure
14 without examination pursuant to the terms of this section, the
15 applicant shall pay to the department a fee not to exceed $175
16 as fixed by the board, no part of which will be returned.
17 (3) If a person desires to practice physical therapy
18 before becoming licensed through endorsement, she or he shall
19 apply to the board for a temporary permit in accordance with
20 rules adopted pursuant to this chapter. A temporary permit
21 shall only be issued for a limited period of time, not to
22 exceed 1 year, and shall not be renewable.
23 Section 99. Section 486.103, Florida Statutes, is
24 amended to read:
25 486.103 Physical therapist assistant; application for
26 license; fee; temporary permit.--
27 (1) A person who desires to be licensed as a physical
28 therapist assistant shall apply to the department in writing
29 on a form furnished by the department. She or he shall embody
30 in that application evidence under oath, satisfactory to the
31 board, of possession of the qualifications preliminary to
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1 examination required by s. 486.104. The applicant shall pay to
2 the department at the time of filing the application a fee not
3 to exceed $100, as fixed by the board.
4 (2) If a person desires to work as a physical
5 therapist assistant before being licensed through examination,
6 she or he shall apply for a temporary permit in accordance
7 with rules adopted pursuant to this chapter.
8 (a) A temporary permit shall only be issued for a
9 limited period of time, not to exceed 1 year, and shall not be
10 renewable. A temporary permit shall automatically expire if an
11 applicant fails the examination.
12 (b) An applicant for licensure by examination who is
13 practicing under a temporary permit shall do so only under the
14 direct supervision of a licensed physical therapist.
15 Section 100. Section 486.107, Florida Statutes, is
16 amended to read:
17 486.107 Physical therapist assistant; issuance of
18 license without examination to person licensed in another
19 jurisdiction; temporary permit; fee.--
20 (1) The board may cause a license to be issued through
21 the department without examination to any applicant who
22 presents evidence to the board, under oath, of licensure in
23 another state, the District of Columbia, or a territory, if
24 the standards for registering as a physical therapist
25 assistant or licensing of a physical therapist assistant, as
26 the case may be, in such other state are determined by the
27 board to be as high as those of this state, as established by
28 rules adopted pursuant to this chapter. Any person who holds a
29 license pursuant to this section may use the words "physical
30 therapist assistant," or the letters "P.T.A.," in connection
31 with her or his name to denote licensure hereunder.
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1 (2) At the time of making application for licensing
2 without examination pursuant to the terms of this section, the
3 applicant shall pay to the department a fee not to exceed $175
4 as fixed by the board, no part of which will be returned.
5 (3) If a person desires to work as a physical
6 therapist assistant before being licensed through endorsement,
7 she or he shall apply for a temporary permit in accordance
8 with rules adopted pursuant to this chapter. A temporary
9 permit shall only be issued for a limited period of time, not
10 to exceed 1 year, and shall not be renewable.
11 Section 101. Paragraph (b) of subsection (1) of
12 section 490.005, Florida Statutes, 1998 Supplement, is amended
13 to read:
14 490.005 Licensure by examination.--
15 (1) Any person desiring to be licensed as a
16 psychologist shall apply to the department to take the
17 licensure examination. The department shall license each
18 applicant who the board certifies has:
19 (b) Submitted proof satisfactory to the board that the
20 applicant has:
21 1. Received doctoral-level psychological education, as
22 defined in s. 490.003(3);
23 2. Received the equivalent of a doctoral-level
24 psychological education, as defined in s. 490.003(3), from a
25 program at a school or university located outside the United
26 States of America and Canada, which was officially recognized
27 by the government of the country in which it is located as an
28 institution or program to train students to practice
29 professional psychology. The burden of establishing that the
30 requirements of this provision have been met shall be upon the
31 applicant;
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1 3. Received and submitted to the board, prior to July
2 1, 1999, certification of an augmented doctoral-level
3 psychological education from the program director of a
4 doctoral-level psychology program accredited by a programmatic
5 agency recognized and approved by the United States Department
6 of Education; or
7 4. Received and submitted to the board, prior to
8 August 31, 2001 July 1, 2001, certification of a
9 doctoral-level program that at the time the applicant was
10 enrolled and graduated maintained a standard of education and
11 training comparable to the standard of training of programs
12 accredited by a programmatic agency recognized and approved by
13 the United States Department of Education, as such
14 comparability was determined by the Board of Psychological
15 Examiners immediately prior to the amendment of s. 490.005,
16 Florida Statutes, 1994 Supplement, by s. 5, chapter 95-279,
17 Laws of Florida. Such certification of comparability shall be
18 provided by the program director of a doctoral-level
19 psychology program accredited by a programmatic agency
20 recognized and approved by the United States Department of
21 Education.
22 Section 102. Subsection (1) of section 490.006,
23 Florida Statutes, is amended to read:
24 490.006 Licensure by endorsement.--
25 (1) The department shall license a person as a
26 psychologist or school psychologist who, upon applying to the
27 department and remitting the appropriate fee, demonstrates to
28 the department or, in the case of psychologists, to the board
29 that the applicant:
30 (a) Holds a valid license or certificate in another
31 state to practice psychology or school psychology, as
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1 applicable, provided that, when the applicant secured such
2 license or certificate, the requirements were substantially
3 equivalent to or more stringent than those set forth in this
4 chapter at that time; and, if no Florida law existed at that
5 time, then the requirements in the other state must have been
6 substantially equivalent to or more stringent than those set
7 forth in this chapter at the present time; or
8 (b) Is a diplomate in good standing with the American
9 Board of Professional Psychology, Inc.; or
10 (c) Possesses a doctoral degree in psychology as
11 described in s. 490.003 and has at least 20 years of
12 experience as a licensed psychologist in any jurisdiction or
13 territory of the United States within 25 years preceding the
14 date of application.
15 Section 103. Subsection (2) of section 490.0085,
16 Florida Statutes, is amended to read:
17 490.0085 Continuing education; approval of providers,
18 programs, and courses; proof of completion.--
19 (2) The department or, in the case of psychologists,
20 the board has the authority to set a fee not to exceed $500
21 for each applicant who applies for or renews provider status.
22 Such fees shall be deposited into the Medical Quality
23 Assurance Health Care Trust Fund.
24 Section 104. Section 490.0148, Florida Statutes, is
25 amended to read:
26 490.0148 Psychologist and school psychologist
27 records.--Each psychologist and school psychologist who
28 provides services as defined in this chapter shall maintain
29 records. The board or, in the case of a school psychologist,
30 the department may adopt rules defining the minimum
31 requirements for such records, including content, length of
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1 time such records shall be maintained, and transfer of such
2 records or of a summary of such records, or both, to a
3 subsequent treating practitioner or other individual with the
4 written consent of the client or clients. A patient's
5 psychological report may be released to an employer or
6 carrier, or the attorney for either, pursuant to s. 440.13.
7 Section 105. Section 491.0045, Florida Statutes, is
8 amended to read:
9 491.0045 Intern registration; requirements.--
10 (1) Effective January 1, 1998, an individual who
11 intends to practice in Florida to satisfy the postgraduate or
12 post-master's level experience requirements, as specified in
13 s. 491.005(1)(c), (3)(c), or (4)(c), must register as an
14 intern in the profession for which he or she is seeking
15 licensure prior to commencing the post-master's experience
16 requirement or an individual who intends to satisfy part of
17 the required graduate-level practicum, internship, or field
18 experience, outside the academic arena for any profession,
19 must register as an intern in the profession for which he or
20 she is seeking licensure prior to commencing the practicum,
21 internship, or field experience.
22 (2) The department shall register as a clinical social
23 worker intern, marriage and family therapist intern, or mental
24 health counselor intern each applicant who the board certifies
25 has:
26 (a) Completed the application form and remitted a
27 nonrefundable application fee not to exceed $200, as set by
28 board rule;
29 (b)1. Completed the education requirements as
30 specified in s. 491.005(1)(c), (3)(c), or (4)(c) for the
31
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1 profession for which he or she is applying for licensure, if
2 needed; and
3 2. Submitted an acceptable supervision plan, as
4 determined by the board, for meeting the practicum,
5 internship, or field work required for licensure that was not
6 satisfied in his or her graduate program.
7 (c) Identified a qualified supervisor.
8 (3) An individual registered under this section must
9 remain under supervision until he or she is in receipt of a
10 license or a letter from the department stating that he or she
11 is licensed to practice the profession for which he or she
12 applied.
13 (4) An individual who has applied for intern
14 registration on or before December 31, 2001, and has satisfied
15 the education requirements of s. 491.005 that are in effect
16 through December 31, 2000, will have met the educational
17 requirements for licensure for the profession for which he or
18 she has applied.
19 (5) Individuals who have commenced the experience
20 requirement as specified in s. 491.005(1)(c), (3)(c), or
21 (4)(c) but failed to register as required by subsection (1)
22 shall register with the department before January 1, 2000.
23 Individuals who fail to comply with this subsection shall not
24 be granted a license, and any time spent by the individual
25 completing the experience requirement prior to registering as
26 an intern shall not count toward completion of such
27 requirement.
28 Section 106. Subsections (1) and (2) of section
29 491.0046, Florida Statutes, are amended to read:
30 491.0046 Provisional license; requirements.--
31
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1 (1) An individual applying for licensure by
2 examination who has satisfied the clinical experience
3 requirements of s. 491.005 or an individual applying for
4 licensure by endorsement pursuant to s. 491.006 intending to
5 provide clinical social work, marriage and family therapy, or
6 mental health counseling services in Florida while satisfying
7 coursework or examination requirements for licensure must be
8 provisionally licensed in the profession for which he or she
9 is seeking licensure prior to beginning practice.
10 (2) The department shall issue a provisional clinical
11 social worker license, provisional marriage and family
12 therapist license, or provisional mental health counselor
13 license to each applicant who the board certifies has:
14 (a) Completed the application form and remitted a
15 nonrefundable application fee not to exceed $100, as set by
16 board rule; and
17 (b)1. Earned a graduate degree in social work, a
18 graduate degree with a major emphasis in marriage and family
19 therapy or a closely related field, or a graduate degree in a
20 major related to the practice of mental health counseling;
21 and, and satisfied the clinical experience requirements for
22 licensure pursuant to s. 491.005; or
23 2. Been approved for examination under the provisions
24 for licensure by endorsement pursuant to s. 491.006.
25 (c) Has met the following minimum coursework
26 requirements:
27 1. For clinical social work, a minimum of 15 semester
28 hours or 22 quarter hours of the coursework required by s.
29 491.005(1)(b)2.b.
30 2. For marriage and family therapy, ten of the courses
31 required by s. 491.005(3)(b)1.a.-c., as determined by the
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1 board, and at least 6 semester hours or 9 quarter hours of the
2 course credits must have been completed in the area of
3 marriage and family systems, theories, or techniques.
4 3. For mental health counseling, a minimum of seven of
5 the courses required under s. 491.005(b)1.a.-c.
6 Section 107. Section 491.005, Florida Statutes, is
7 amended to read:
8 491.005 Licensure by examination.--
9 (1) CLINICAL SOCIAL WORK.--Upon verification of
10 documentation and payment of a fee not to exceed $200, as set
11 by board rule, plus the actual per applicant cost to the
12 department for purchase of the examination from the American
13 Association of State Social Worker's Boards or a similar
14 national organization, the department shall issue a license as
15 a clinical social worker to an applicant who the board
16 certifies:
17 (a) Has made application therefor and paid the
18 appropriate fee.
19 (b)1. Has received a doctoral degree in social work
20 from a graduate school of social work which at the time the
21 applicant graduated was accredited by an accrediting agency
22 recognized by the United States Department of Education or has
23 received a master's degree in social work from a graduate
24 school of social work which at the time the applicant
25 graduated:
26 a. Was accredited by the Council on Social Work
27 Education;
28 b. Was accredited by the Canadian Association of
29 Schools of Social Work; or
30 c. Has been determined to have been a program
31 equivalent to programs approved by the Council on Social Work
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1 Education by the Foreign Equivalency Determination Service of
2 the Council on Social Work Education. An applicant who
3 graduated from a program at a university or college outside of
4 the United States or Canada must present documentation of the
5 equivalency determination from the council in order to
6 qualify.
7 2. The applicant's graduate program must have
8 emphasized direct clinical patient or client health care
9 services, including, but not limited to, coursework in
10 clinical social work, psychiatric social work, medical social
11 work, social casework, psychotherapy, or group therapy. The
12 applicant's graduate program must have included all of the
13 following coursework:
14 a. A supervised field placement which was part of the
15 applicant's advanced concentration in direct practice, during
16 which the applicant provided clinical services directly to
17 clients.
18 b. Completion of 24 semester hours or 32 37 quarter
19 hours in theory of human behavior and practice methods as
20 courses in clinically oriented services, including a minimum
21 of one course in psychopathology, and no more than one course
22 in research, taken in a school of social work accredited or
23 approved pursuant to subparagraph 1.
24 3. If the course title which appears on the
25 applicant's transcript does not clearly identify the content
26 of the coursework, the applicant shall be required to provide
27 additional documentation, including, but not limited to, a
28 syllabus or catalog description published for the course.
29 (c) Has had not less than 2 years of clinical social
30 work experience, which took place subsequent to completion of
31 a graduate degree in social work at an institution meeting the
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1 accreditation requirements of this section, under the
2 supervision of a licensed clinical social worker or the
3 equivalent who is a qualified supervisor as determined by the
4 board. An individual who intends to practice in Florida to
5 satisfy clinical experience requirements must register
6 pursuant to s. 491.0045 prior to commencing practice. If the
7 applicant's graduate program was not a program which
8 emphasized direct clinical patient or client health care
9 services as described in subparagraph (b)2. s. 491.003, the
10 supervised experience requirement must take place after the
11 applicant has completed a minimum of 15 semester hours or 22
12 quarter hours of the coursework required. A doctoral
13 internship may be applied toward the clinical social work
14 experience requirement. The experience requirement may be met
15 by work performed on or off the premises of the supervising
16 clinical social worker or the equivalent, provided the
17 off-premises work is not the independent private practice
18 rendering of clinical social work that does not have a
19 licensed mental health professional, as determined by the
20 board, on the premises at the same time the intern is
21 providing services.
22 (d) Has passed a theory and practice examination
23 provided by the department for this purpose.
24 (e) Has demonstrated, in a manner designated by rule
25 of the board, knowledge of the laws and rules governing the
26 practice of clinical social work, marriage and family therapy,
27 and mental health counseling.
28 (2) CLINICAL SOCIAL WORK.--
29 (a) Notwithstanding the provisions of paragraph
30 (1)(b), coursework which was taken at a baccalaureate level
31 shall not be considered toward completion of education
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1 requirements for licensure unless an official of the graduate
2 program certifies in writing on the graduate school's
3 stationery that a specific course, which students enrolled in
4 the same graduate program were ordinarily required to complete
5 at the graduate level, was waived or exempted based on
6 completion of a similar course at the baccalaureate level. If
7 this condition is met, the board shall apply the baccalaureate
8 course named toward the education requirements.
9 (b) An applicant from a master's or doctoral program
10 in social work which did not emphasize direct patient or
11 client services may complete the clinical curriculum content
12 requirement by returning to a graduate program accredited by
13 the Council on Social Work Education or the Canadian
14 Association of Schools of Social Work, or to a clinical social
15 work graduate program with comparable standards, in order to
16 complete the education requirements for examination. However,
17 a maximum of 6 semester or 9 quarter hours of the clinical
18 curriculum content requirement may be completed by credit
19 awarded for independent study coursework as defined by board
20 rule.
21 (3) MARRIAGE AND FAMILY THERAPY.-- Upon verification
22 of documentation and payment of a fee not to exceed $200, as
23 set by board rule, plus the actual cost to the department for
24 the purchase of the examination from the Association of
25 Marital and Family Therapy Regulatory Board, or similar
26 national organization, the department shall issue a license as
27 a marriage and family therapist to an applicant who the board
28 certifies:
29 (a) Has made application therefor and paid the
30 appropriate fee.
31
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1 (b)1. Has a minimum of a master's degree with major
2 emphasis in marriage and family therapy, or a closely related
3 field, and has completed all of the following requirements:
4 a. Twenty-seven semester hours or 41 quarter hours of
5 graduate coursework, which must include a minimum of 2
6 semester hours or 3 quarter hours of graduate-level course
7 credits in each of the following nine areas: dynamics of
8 marriage and family systems; marriage therapy and counseling
9 theory and techniques; family therapy and counseling theory
10 and techniques; individual human development theories
11 throughout the life cycle; personality theory;
12 psychopathology; human sexuality theory and counseling
13 techniques; general counseling theory and techniques; and
14 psychosocial theory. Content may be combined, provided no more
15 than two of the nine content areas are included in any one
16 graduate-level course and the applicant can document that the
17 equivalent of 2 semester hours of coursework was devoted to
18 each content area. Courses in research, evaluation, appraisal,
19 assessment, or testing theories and procedures; thesis or
20 dissertation work; or practicums, internships, or fieldwork
21 may not be applied toward this requirement.
22 b. A minimum of one graduate-level course of 2
23 semester hours or 3 quarter hours in legal, ethical, and
24 professional standards issues in the practice of marriage and
25 family therapy or a course determined by the board to be
26 equivalent.
27 c. A minimum of one graduate-level course of 2
28 semester hours or 3 quarter hours in diagnosis, appraisal,
29 assessment, and testing for individual or interpersonal
30 disorder or dysfunction; and a minimum of one 2-semester-hour
31 or 3-quarter-hour graduate-level course in behavioral research
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1 which focuses on the interpretation and application of
2 research data as it applies to clinical practice. Credit for
3 thesis or dissertation work, practicums, internships, or
4 fieldwork may not be applied toward this requirement.
5 d. A minimum of one supervised clinical practicum,
6 internship, or field experience in a marriage and family
7 counseling setting, during which the student provided 180
8 direct client contact hours of marriage and family therapy
9 services under the supervision of an individual who met the
10 requirements for supervision under paragraph (c). This
11 requirement may be met by a supervised practice experience
12 which took place outside the academic arena, but which is
13 certified as equivalent to a graduate-level practicum or
14 internship program which required a minimum of 180 direct
15 client contact hours of marriage and family therapy services
16 currently offered within an academic program of a college or
17 university accredited by an accrediting agency approved by the
18 United States Department of Education, or an institution which
19 is publicly recognized as a member in good standing with the
20 Association of Universities and Colleges of Canada or a
21 training institution accredited by the Commission on
22 Accreditation for Marriage and Family Therapy Education
23 recognized by the United States Department of Education.
24 Certification shall be required from an official of such
25 college, university, or training institution.
26 2. If the course title which appears on the
27 applicant's transcript does not clearly identify the content
28 of the coursework, the applicant shall be required to provide
29 additional documentation, including, but not limited to, a
30 syllabus or catalog description published for the course.
31
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1 The required master's degree must have been received in an
2 institution of higher education which at the time the
3 applicant graduated was: fully accredited by a regional
4 accrediting body recognized by the Commission on Recognition
5 of Postsecondary Accreditation; publicly recognized as a
6 member in good standing with the Association of Universities
7 and Colleges of Canada; or an institution of higher education
8 located outside the United States and Canada, which at the
9 time the applicant was enrolled and at the time the applicant
10 graduated maintained a standard of training substantially
11 equivalent to the standards of training of those institutions
12 in the United States which are accredited by a regional
13 accrediting body recognized by the Commission on Recognition
14 of Postsecondary Accreditation. Such foreign education and
15 training must have been received in an institution or program
16 of higher education officially recognized by the government of
17 the country in which it is located as an institution or
18 program to train students to practice as professional marriage
19 and family therapists or psychotherapists. The burden of
20 establishing that the requirements of this provision have been
21 met shall be upon the applicant, and the board shall require
22 documentation, such as, but not limited to, an evaluation by a
23 foreign equivalency determination service, as evidence that
24 the applicant's graduate degree program and education were
25 equivalent to an accredited program in this country. An
26 applicant with a master's degree from a program which did not
27 emphasize marriage and family therapy may complete the
28 coursework requirement in a training institution fully
29 accredited by the Commission on Accreditation for Marriage and
30 Family Therapy Education recognized by the United States
31 Department of Education.
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1 (c) Has had not less than 2 years of clinical
2 experience during which 50 percent of the applicant's clients
3 were receiving marriage and family therapy services, which
4 must be at the post-master's level under the supervision of a
5 licensed marriage and family therapist with at least 5 years
6 of experience, or the equivalent, who is a qualified
7 supervisor as determined by the board. An individual who
8 intends to practice in Florida to satisfy the clinical
9 experience requirements must register pursuant to s. 491.0045
10 prior to commencing practice. If a graduate has a master's
11 degree with a major emphasis in marriage and family therapy or
12 a closely related field that did not include all the
13 coursework required under sub-subparagraphs (b)1.a.-c., credit
14 for the post-master's level clinical experience shall not
15 commence until the applicant has completed a minimum of 10 of
16 the courses required under sub-subparagraphs (b)1.a.-c., as
17 determined by the board, and at least 6 semester hours or 9
18 quarter hours of the course credits must have been completed
19 in the area of marriage and family systems, theories, or
20 techniques. Within the 3 years of required experience, the
21 applicant shall provide direct individual, group, or family
22 therapy and counseling, to include the following categories of
23 cases: unmarried dyads, married couples, separating and
24 divorcing couples, and family groups including children. A
25 doctoral internship may be applied toward the clinical
26 experience requirement. The clinical experience requirement
27 may be met by work performed on or off the premises of the
28 supervising marriage and family therapist or the equivalent,
29 provided the off-premises work is not the independent private
30 practice rendering of marriage and family therapy services
31 that does not have a licensed mental health professional, as
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1 determined by the board, on the premises at the same time the
2 intern is providing services.
3 (d) Has passed a theory and practice examination
4 provided by the department for this purpose.
5 (e) Has demonstrated, in a manner designated by rule
6 of the board, knowledge of the laws and rules governing the
7 practice of clinical social work, marriage and family therapy,
8 and mental health counseling.
9 (f) For the purposes of dual licensure, the department
10 shall license as a marriage and family therapist any person
11 who meets the requirements of s. 491.0057. Fees for dual
12 licensure shall not exceed those stated in this subsection.
13 (4) MENTAL HEALTH COUNSELING.--Upon verification of
14 documentation and payment of a fee not to exceed $200, as set
15 by board rule, plus the actual per applicant cost to the
16 department for purchase of the examination from the
17 Professional Examination Service for the National Academy of
18 Certified Clinical Mental Health Counselors or a similar
19 national organization, the department shall issue a license as
20 a mental health counselor to an applicant who the board
21 certifies:
22 (a) Has made application therefor and paid the
23 appropriate fee.
24 (b)1. Has received a minimum of an earned master's
25 degree with a major related to the practice of mental health
26 counseling, and has completed all of the following
27 requirements:
28 a. Twenty-one semester hours or 32 quarter hours of
29 graduate coursework, which must include a minimum of 2
30 semester hours or 3 quarter hours of graduate-level coursework
31 in each of the following seven content areas: counseling
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1 theories and practice; human development theories; personality
2 theory; psychopathology or abnormal psychology; human
3 sexuality theories; group theories and practice; and
4 individual evaluation and assessment. Content may be
5 combined, provided no more than two of the seven content areas
6 are included in any one graduate-level course and the
7 applicant can document that the equivalent of 2 semester hours
8 of content was devoted to each content area. Courses in
9 research, thesis or dissertation work, practicums,
10 internships, or fieldwork may not be applied toward this
11 requirement.
12 b. A minimum of one 2-semester-hour or 3-quarter-hour
13 graduate-level course in research or in career or vocational
14 counseling. Credit for thesis or dissertation work,
15 practicums, internships, or fieldwork may not be applied
16 toward this requirement.
17 c. A minimum of 2 semester hours or 3 quarter hours of
18 graduate-level coursework in legal, ethical, and professional
19 standards issues in the practice of mental health counseling,
20 which includes goals and objectives of professional counseling
21 organizations, codes of ethics, legal considerations,
22 standards of preparation, certifications and licensing, and
23 the role identity of counselors. Courses in research, thesis
24 or dissertation work, practicums, internships, or fieldwork
25 may not be applied toward this requirement.
26 d. A minimum of one supervised practicum, internship,
27 or field experience in a counseling setting. This requirement
28 may be met by a supervised practice experience which takes
29 place outside the academic arena, but which is certified as
30 equivalent to a graduate-level practicum in a clinical mental
31 health counseling setting currently offered within an academic
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1 program of a college or university accredited by an
2 accrediting agency approved by the United States Department of
3 Education. Such certification shall be required from an
4 official of such college or university.
5 2. If the course title which appears on the
6 applicant's transcript does not clearly identify the content
7 of the coursework, the applicant shall be required to provide
8 additional documentation, including, but not limited to, a
9 syllabus or catalog description published for the course.
10
11 Except as provided in sub-subparagraph 1.d., education and
12 training in mental health counseling must have been received
13 in an institution of higher education which at the time the
14 applicant graduated was: fully accredited by a regional
15 accrediting body recognized by the Commission on Recognition
16 of Postsecondary Accreditation; publicly recognized as a
17 member in good standing with the Association of Universities
18 and Colleges of Canada; or an institution of higher education
19 located outside the United States and Canada, which at the
20 time the applicant was enrolled and at the time the applicant
21 graduated maintained a standard of training substantially
22 equivalent to the standards of training of those institutions
23 in the United States which are accredited by a regional
24 accrediting body recognized by the Commission on Recognition
25 of Postsecondary Accreditation. Such foreign education and
26 training must have been received in an institution or program
27 of higher education officially recognized by the government of
28 the country in which it is located as an institution or
29 program to train students to practice as mental health
30 counselors. The burden of establishing that the requirements
31 of this provision have been met shall be upon the applicant,
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1 and the board shall require documentation, such as, but not
2 limited to, an evaluation by a foreign equivalency
3 determination service, as evidence that the applicant's
4 graduate degree program and education were equivalent to an
5 accredited program in this country.
6 (c) Has had not less than 2 years of clinical
7 experience in mental health counseling, which must be at the
8 post-master's level under the supervision of a licensed mental
9 health counselor or the equivalent who is a qualified
10 supervisor as determined by the board. An individual who
11 intends to practice in Florida to satisfy the clinical
12 experience requirements must register pursuant to s. 491.0045
13 prior to commencing practice. If a graduate has a master's
14 degree with a major related to the practice of mental health
15 counseling which did not include all the coursework required
16 under sub-subparagraphs (b)1.a.-c., credit for the
17 post-master's level clinical experience shall not commence
18 until the applicant has completed a minimum of seven of the
19 courses required under sub-subparagraphs (b)1.a.-c., as
20 determined by the board, one of which must be a course in
21 psychopathology or abnormal psychology. A doctoral internship
22 may be applied toward the clinical experience requirement. The
23 clinical experience requirement may be met by work performed
24 on or off the premises of the supervising mental health
25 counselor or the equivalent, provided the off-premises work is
26 not the independent private practice rendering of services
27 that does not have a licensed mental health professional, as
28 determined by the board, on the premises at the same time the
29 intern is providing services.
30 (d) Has passed a theory and practice examination
31 provided by the department for this purpose.
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1 (e) Has demonstrated, in a manner designated by rule
2 of the board, knowledge of the laws and rules governing the
3 practice of clinical social work, marriage and family therapy,
4 and mental health counseling.
5 (5) INTERNSHIP.--An individual who is registered as an
6 intern and has satisfied all of the educational requirements
7 for the profession for which the applicant seeks licensure
8 shall be certified as having met the educational requirements
9 for licensure under this section.
10 (6) RULES.--The board may adopt rules necessary to
11 implement any education or experience requirement of this
12 section for licensure as a clinical social worker, marriage
13 and family therapist, or mental health counselor.
14 Section 108. Effective January 1, 2001, paragraph (b)
15 of subsection (4) of section 491.005, Florida Statutes, as
16 amended by section 13 of chapter 97-198 and section 205 of
17 chapter 97-264, Laws of Florida, is amended, and subsection
18 (6) of that section is reenacted, to read:
19 491.005 Licensure by examination.--
20 (4) Upon verification of documentation and payment of
21 a fee not to exceed $200, as set by board rule, plus the
22 actual per applicant cost to the department for purchase of
23 the examination from the Professional Examination Service for
24 the National Academy of Certified Clinical Mental Health
25 Counselors or a similar national organization, the department
26 shall issue a license as a mental health counselor to an
27 applicant who the board certifies:
28 (b)1. Has a minimum of an earned master's degree from
29 a mental health counseling program accredited by the Council
30 for the Accreditation of Counseling and Related Educational
31 Programs that consists of at least 60 semester hours or 80
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1 quarter hours of clinical and didactic instruction, including
2 a course in human sexuality and a course in substance abuse.
3 If the master's degree is earned from a program related to the
4 practice of mental health counseling that is not accredited by
5 the Council for the Accreditation of Counseling and Related
6 Educational Programs, then the coursework and practicum,
7 internship, or fieldwork must consist of at least 60 semester
8 hours or 80 quarter hours and meet the following requirements:
9 a. Thirty-three Thirty-six semester hours or 44 48
10 quarter hours of graduate coursework, which must include a
11 minimum of 3 semester hours or 4 quarter hours of
12 graduate-level coursework in each of the following 11 12
13 content areas: counseling theories and practice; human growth
14 and development; diagnosis and treatment of psychopathology;
15 human sexuality; group theories and practice; individual
16 evaluation and assessment; career and lifestyle assessment;
17 research and program evaluation; social and cultural
18 foundations; foundations of mental health counseling;
19 counseling in community settings; and substance abuse. Courses
20 in research, thesis or dissertation work, practicums,
21 internships, or fieldwork may not be applied toward this
22 requirement.
23 b. A minimum of 3 semester hours or 4 quarter hours of
24 graduate-level coursework in legal, ethical, and professional
25 standards issues in the practice of mental health counseling,
26 which includes goals, objectives, and practices of
27 professional counseling organizations, codes of ethics, legal
28 considerations, standards of preparation, certifications and
29 licensing, and the role identity and professional obligations
30 of mental health counselors. Courses in research, thesis or
31
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1 dissertation work, practicums, internships, or fieldwork may
2 not be applied toward this requirement.
3 c. The equivalent, as determined by the board, of at
4 least 1,000 hours of university-sponsored supervised clinical
5 practicum, internship, or field experience as required in the
6 accrediting standards of the Council for Accreditation of
7 Counseling and Related Educational Programs for mental health
8 counseling programs. If the academic practicum, internship, or
9 field experience was less than 1,000 hours, experience gained
10 outside the academic arena in clinical mental health settings
11 under the supervision of a qualified supervisor as determined
12 by the board may be applied. This experience may not be used
13 to satisfy the post-master's clinical experience requirement.
14 2. If the course title which appears on the
15 applicant's transcript does not clearly identify the content
16 of the coursework, the applicant shall be required to provide
17 additional documentation, including, but not limited to, a
18 syllabus or catalog description published for the course.
19
20 Education and training in mental health counseling must have
21 been received in an institution of higher education which at
22 the time the applicant graduated was: fully accredited by a
23 regional accrediting body recognized by the Commission on
24 Recognition of Postsecondary Accreditation; publicly
25 recognized as a member in good standing with the Association
26 of Universities and Colleges of Canada; or an institution of
27 higher education located outside the United States and Canada,
28 which at the time the applicant was enrolled and at the time
29 the applicant graduated maintained a standard of training
30 substantially equivalent to the standards of training of those
31 institutions in the United States which are accredited by a
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1 regional accrediting body recognized by the Commission on
2 Recognition of Postsecondary Accreditation. Such foreign
3 education and training must have been received in an
4 institution or program of higher education officially
5 recognized by the government of the country in which it is
6 located as an institution or program to train students to
7 practice as mental health counselors. The burden of
8 establishing that the requirements of this provision have been
9 met shall be upon the applicant, and the board shall require
10 documentation, such as, but not limited to, an evaluation by a
11 foreign equivalency determination service, as evidence that
12 the applicant's graduate degree program and education were
13 equivalent to an accredited program in this country.
14 (6) The board may adopt rules necessary to implement
15 any education or experience requirement of this section for
16 licensure as a clinical social worker, marriage and family
17 therapist, or mental health counselor.
18 Section 109. Paragraph (b) of subsection (1) of
19 section 491.006, Florida Statutes, is amended to read:
20 491.006 Licensure or certification by endorsement.--
21 (1) The department shall license or grant a
22 certificate to a person in a profession regulated by this
23 chapter who, upon applying to the department and remitting the
24 appropriate fee, demonstrates to the board that he or she:
25 (b)1. Holds an active valid license to practice and
26 has actively practiced the profession for which licensure is
27 applied in another state for 3 of the last 5 years immediately
28 preceding licensure.
29 2. Meets the education requirements of this chapter
30 for the profession for which licensure is applied.
31
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1 3. Has passed a substantially equivalent licensing
2 examination in another state or has passed the licensure
3 examination in this state in the profession for which the
4 applicant seeks licensure.
5 4. Holds a license in good standing, is not under
6 investigation for an act which would constitute a violation of
7 this chapter, and has not been found to have committed any act
8 which would constitute a violation of this chapter.
9 Section 110. Section 491.0085, Florida Statutes, is
10 amended to read:
11 491.0085 Continuing education and laws and rules
12 courses; approval of providers, programs, and courses; proof
13 of completion.--
14 (1) Continuing education providers, programs, and
15 courses and laws and rules courses and their providers and
16 programs shall be approved by the department or the board.
17 (2) The department or the board has the authority to
18 set a fee not to exceed $200 for each applicant who applies
19 for or renews provider status. Such fees shall be deposited
20 into the Medical Quality Assurance Health Care Trust Fund.
21 (3) Proof of completion of the required number of
22 hours of continuing education and completion of the laws and
23 rules course shall be submitted to the department or the board
24 in the manner and time specified by rule and on forms provided
25 by the department or the board.
26 (4) The department or the board shall adopt rules and
27 guidelines to administer and enforce the provisions of this
28 section.
29 Section 111. Paragraph (d) of subsection (4) of
30 section 491.014, Florida Statutes, 1998 Supplement, is amended
31 to read:
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1 491.014 Exemptions.--
2 (4) No person shall be required to be licensed,
3 provisionally licensed, registered, or certified under this
4 chapter who:
5 (d) Is not a resident of this state but offers
6 services in this state, provided:
7 1. Such services are performed for no more than 5 days
8 in any month and no more than 15 days in any calendar year;
9 and
10 2. Such nonresident is licensed or certified to
11 practice the services provided by a state or territory of the
12 United States or by a foreign country or province.
13 Section 112. Paragraph (a) of subsection (1) and
14 subsection (5) of section 499.012, Florida Statutes, 1998
15 Supplement, are amended to read:
16 499.012 Wholesale distribution; definitions; permits;
17 general requirements.--
18 (1) As used in this section, the term:
19 (a) "Wholesale distribution" means distribution of
20 prescription drugs to persons other than a consumer or
21 patient, but does not include:
22 1. Any of the following activities, which is not a
23 violation of s. 499.005(21) if such activity is conducted in
24 accordance with s. 499.014:
25 a. The purchase or other acquisition by a hospital or
26 other health care entity that is a member of a group
27 purchasing organization of a prescription drug for its own use
28 from the group purchasing organization or from other hospitals
29 or health care entities that are members of that organization.
30 b. The sale, purchase, or trade of a prescription drug
31 or an offer to sell, purchase, or trade a prescription drug by
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1 a charitable organization described in s. 501(c)(3) of the
2 Internal Revenue Code of 1986, as amended and revised, to a
3 nonprofit affiliate of the organization to the extent
4 otherwise permitted by law.
5 c. The sale, purchase, or trade of a prescription drug
6 or an offer to sell, purchase, or trade a prescription drug
7 among hospitals or other health care entities that are under
8 common control. For purposes of this section, "common control"
9 means the power to direct or cause the direction of the
10 management and policies of a person or an organization,
11 whether by ownership of stock, by voting rights, by contract,
12 or otherwise.
13 d. The sale, purchase, trade, or other transfer of a
14 prescription drug from or for any federal, state, or local
15 government agency or any entity eligible to purchase
16 prescription drugs at public health services prices pursuant
17 to s. 602 of Pub. L. No. 102-585 to a contract provider or its
18 subcontractor for eligible patients of the agency or entity
19 under the following conditions:
20 (I) The agency or entity must obtain written
21 authorization for the sale, purchase, trade, or other transfer
22 of a prescription drug under this sub-subparagraph from the
23 Secretary of Health or his or her designee.
24 (II) The contract provider or subcontractor must be
25 authorized by law to administer or dispense prescription
26 drugs.
27 (III) In the case of a subcontractor, the agency or
28 entity must be a party to and execute the subcontract.
29 (IV) A contract provider or subcontractor must
30 maintain separate and apart from other prescription drug
31
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1 inventory any prescription drugs of the agency or entity in
2 its possession.
3 (V) The contract provider and subcontractor must
4 maintain and produce immediately for inspection all records of
5 movement or transfer of all the prescription drugs belonging
6 to the agency or entity, including, but not limited to, the
7 records of receipt and disposition of prescription drugs.
8 Each contractor and subcontractor dispensing or administering
9 these drugs must maintain and produce records documenting the
10 dispensing or administration. Records that are required to be
11 maintained include, but are not limited to, a perpetual
12 inventory itemizing drugs received and drugs dispensed by
13 prescription number or administered by patient identifier,
14 which must be submitted to the agency or entity quarterly.
15 (VI) The contract provider or subcontractor may
16 administer or dispense the prescription drugs only to the
17 eligible patients of the agency or entity or must return the
18 prescription drugs for or to the agency or entity. The
19 contract provider or subcontractor must require proof from
20 each person seeking to fill a prescription or obtain treatment
21 that the person is an eligible patient of the agency or entity
22 and must, at a minimum, maintain a copy of this proof as part
23 of the records of the contractor or subcontractor required
24 under sub-sub-subparagraph (V).
25 (VII) The prescription drugs transferred pursuant to
26 this sub-subparagraph may not be billed to Medicaid.
27 (VIII) In addition to the departmental inspection
28 authority set forth in s. 499.051, the establishment of the
29 contract provider and subcontractor and all records pertaining
30 to prescription drugs subject to this sub-subparagraph shall
31 be subject to inspection by the agency or entity. All records
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1 relating to prescription drugs of a manufacturer under this
2 sub-subparagraph shall be subject to audit by the manufacturer
3 of those drugs, without identifying individual patient
4 information.
5 2. Any of the following activities, which is not a
6 violation of s. 499.005(21) if such activity is conducted in
7 accordance with rules established by the department:
8 a. The sale, purchase, or trade of a prescription drug
9 among federal, state, or local government health care entities
10 that are under common control and are authorized to purchase
11 such prescription drug.
12 b. The sale, purchase, or trade of a prescription drug
13 or an offer to sell, purchase, or trade a prescription drug
14 for emergency medical reasons.; For purposes of this
15 sub-subparagraph subparagraph, the term "emergency medical
16 reasons" includes transfers of prescription drugs by a retail
17 pharmacy to another retail pharmacy to alleviate a temporary
18 shortage.
19 c. The transfer purchase or acquisition of a
20 prescription drug acquired by a medical director on behalf of
21 a licensed an emergency medical services provider to that
22 medical director for use by emergency medical services
23 provider and its transport vehicles for use in accordance with
24 the provider's license under providers acting within the scope
25 of their professional practice pursuant to chapter 401.
26 d. The revocation of a sale or the return of a
27 prescription drug to the person's prescription drug wholesale
28 supplier.
29 e. The donation of a prescription drug by a health
30 care entity to a charitable organization that has been granted
31 an exemption under s. 501(c)(3) of the Internal Revenue Code
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1 of 1986, as amended, and that is authorized to possess
2 prescription drugs.
3 f. The transfer of a prescription drug by a person
4 authorized to purchase or receive prescription drugs to a
5 person licensed or permitted to handle reverse distributions
6 or destruction under the laws of the jurisdiction in which the
7 person handling the reverse distribution or destruction
8 receives the drug.
9 3. The dispensing of a prescription drug pursuant to a
10 prescription;
11 3.4. The distribution of prescription drug samples by
12 manufacturers' representatives or distributors'
13 representatives conducted in accordance with s. 499.028.; or
14 4.5. The sale, purchase, or trade of blood and blood
15 components intended for transfusion. As used in this
16 subparagraph section, the term "blood" means whole blood
17 collected from a single donor and processed either for
18 transfusion or further manufacturing, and the term "blood
19 components" means that part of the blood separated by physical
20 or mechanical means.
21 5. The lawful dispensing of a prescription drug in
22 accordance with chapter 465.
23 (5) The department may adopt rules governing the
24 recordkeeping, storage, and handling with respect to each of
25 the distributions of prescription drugs specified in
26 subparagraphs (1)(a)1.-4. (1)(a)1., 2., 4., and 5.
27 Section 113. Subsection (6) is added to section
28 626.883, Florida Statutes, to read:
29 626.883 Administrator as intermediary; collections
30 held in fiduciary capacity; establishment of account;
31 disbursement; payments on behalf of insurer.--
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1 (6) All payments to a health care provider by a fiscal
2 intermediary for noncapitated providers must include an
3 explanation of services being reimbursed which includes, at a
4 minimum, the patient's name, the date of service, the
5 procedure code, the amount of reimbursement, and the
6 identification of the plan on whose behalf the payment is
7 being made. For capitated providers, the statement of services
8 must include the number of patients covered by the contract,
9 the rate per patient, the total amount of the payment, and the
10 identification of the plan on whose behalf the payment is
11 being made.
12 Section 114. Paragraph (a) of subsection (2) of
13 section 641.316, Florida Statutes, 1998 Supplement, is amended
14 to read:
15 641.316 Fiscal intermediary services.--
16 (2)(a) The term "fiduciary" or "fiscal intermediary
17 services" means reimbursements received or collected on behalf
18 of health care professionals for services rendered, patient
19 and provider accounting, financial reporting and auditing,
20 receipts and collections management, compensation and
21 reimbursement disbursement services, or other related
22 fiduciary services pursuant to health care professional
23 contracts with health maintenance organizations. All payments
24 to a health care provider by a fiscal intermediary for
25 noncapitated providers must include an explanation of services
26 being reimbursed which includes, at a minimum, the patient's
27 name, the date of service, the procedure code, the amount of
28 reimbursement, and the identification of the plan on whose
29 behalf the payment is being made. For capitated providers, the
30 statement of services must include the number of patients
31 covered by the contract, the rate per patient, the total
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1 amount of the payment, and the identification of the plan on
2 whose behalf the payment is being made.
3 Section 115. Task Force on Telehealth.--
4 (1) Because telecommunications technology has made it
5 possible to provide a wide range of health care services
6 across state lines between healthcare practitioners and
7 patients, it is the intent of the Legislature to protect the
8 health and safety of all patients in this state receiving
9 services by means of such technology and to ensure the
10 accountability of the healthcare profession with respect to
11 unsafe and incompetent practitioners using such technology to
12 provide health care services to patients in this state.
13 (2) The Secretary of Health shall appoint a task force
14 consisting of representatives from the affected medical and
15 allied health professions and other affected health care
16 industries.
17 (3) The task force shall address the following:
18 (a) Identification of various electronic
19 communications or telecommunications technologies currently
20 used within the state and by other states to provide
21 healthcare information.
22 (b) Identification of laws, regulations, and
23 reimbursement practices that serve as barriers to
24 implementation of electronic communications related to health
25 care.
26 (c) Recommendation of the appropriate level of
27 regulation of health care professionals necessary to protect
28 the health and safety of patients in this state, including
29 analysis of existing provisions governing in-state
30 professionals such as licensing, financial responsibility, and
31 medical malpractice insurance requirements.
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1 (d) Potential preemption of state regulation by the
2 Commerce Clause of the United States Constitution.
3 (e) The effect of telehealth on access to health care
4 in rural and under-served areas.
5 (f) Potential antitrust concerns.
6 (g) The effect of regulations by other states or
7 jurisdictions on health care professionals in this state who
8 provide consultative services through telehealth to entities
9 and patients outside the state.
10 (h) Research on other public and private data and
11 initiatives related to telehealth.
12 (i) Any other issue affecting the health, safety, and
13 welfare of patients through telehealth identified by the task
14 force.
15 (4) The task force shall submit a report of its
16 findings and recommendations by January 1, 2000, to the
17 Governor, the President of the Senate, and the Speaker of the
18 House of Representatives.
19 Section 116. Subsection (1) of section 468.352,
20 Florida Statutes, is amended to read:
21 468.352 Definitions.--As used in this part, unless the
22 context otherwise requires, the term:
23 (1) "Board" means the Board of Respiratory Care
24 Medicine.
25 Section 117. Section 468.353, Florida Statutes, is
26 amended to read:
27 468.353 Board of Respiratory Care Medicine; powers and
28 duties.--
29 (1) The board, with the assistance of the Advisory
30 Council on Respiratory Care, is authorized to establish
31 minimum standards for the delivery of respiratory care
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1 services and to adopt those rules necessary to administer this
2 part.
3 (2) The board may administer oaths, summon witnesses,
4 and take testimony in all matters relating to its duties under
5 this part.
6 (3) The board may adopt rules to administer this part,
7 including rules governing the investigation, inspection, and
8 review of schools and colleges that offer courses in
9 respiratory care in order to ascertain their compliance with
10 standards established by the board or appropriate accrediting
11 agencies delegate such powers and duties to the council as it
12 may deem proper.
13 Section 118. Section 468.354, Florida Statutes, is
14 amended to read:
15 468.354 Board of Advisory Council on Respiratory Care;
16 organization; function.--
17 (1) There is created within the department, the Board
18 of Advisory Council on Respiratory Care, composed of seven
19 members appointed by the Governor and confirmed by the Senate
20 under the supervision of the board.
21 (2) The board council shall consist of five members
22 appointed by the board and shall include:
23 (a) A registered respiratory therapist.
24 (b) A certified respiratory therapist care
25 practitioner.
26 (c) A respiratory care professional from each of the
27 following areas:
28 1. Respiratory care education.
29 2. Respiratory care management and supervision.
30 3. Homecare/subacute Cardiopulmonary diagnostics.
31
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1 (d) Two consumer members, who are residents of this
2 state and have never been licensed as health care
3 practitioners.
4
5 Each member of the council shall be a respiratory care
6 professional on the board must have who has been actively
7 engaged in the delivery of respiratory care services in this
8 state for at least 4 consecutive years prior to appointment.
9 (3)(a) Except as provided in paragraph (b), the term
10 of office for each board council member shall be 4 years. No
11 member shall serve for more than two consecutive terms. Any
12 time there is a vacancy to be filled on the council, all
13 professional organizations dealing with respiratory therapy
14 incorporated within the state as not for profit which register
15 their interest with the board shall recommend at least twice
16 as many persons to fill the vacancy to the council as the
17 number of vacancies to be filled, and the Governor board may
18 appoint from the submitted list, in his its discretion, any of
19 those persons so recommended. The Governor board shall,
20 insofar as possible, appoint persons from different
21 geographical areas.
22 (b) In order To achieve staggering of terms, within
23 120 days after July 1, 1999, October 1, 1984, the Governor
24 board shall appoint the board members of the council as
25 follows:
26 1. Two members One member shall be appointed for terms
27 a term of 2 years.
28 2. Two members shall be appointed for terms of 3
29 years.
30 3. Three Two members shall be appointed for terms of 4
31 years.
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1 (c) All provisions of part II of chapter 455, relating
2 to boards apply to this part.
3 (4)(a) The board council shall annually elect from
4 among its members a chair and vice chair.
5 (b) The board council shall meet at least twice a year
6 and shall hold such additional meetings as are deemed
7 necessary by the board. Four Three members of the council
8 constitute a quorum.
9 (c) Unless otherwise provided by law, a board council
10 member shall be compensated $50 for each day he or she attends
11 an official board meeting of the council and for each day he
12 or she participates in any other board business involving the
13 council. A board council member shall also be entitled to
14 reimbursement for expenses pursuant to s. 112.061. Travel out
15 of the state shall require the prior approval of the secretary
16 of the department.
17 (5)(a) The board may council shall recommend to the
18 department a code of ethics for those persons licensed
19 pursuant to this part.
20 (b) The council shall make recommendations to the
21 department for the approval of continuing education courses.
22 Section 119. Section 468.355, Florida Statutes, is
23 amended to read:
24 468.355 Eligibility for licensure; temporary
25 licensure.--
26 (1) To be eligible for licensure by the board as a
27 respiratory care practitioner, an applicant must:
28 (a) Be at least 18 years old.
29 (b) Possess a high school diploma or a graduate
30 equivalency diploma.
31 (c) Meet at least one of the following criteria:
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1 1. The applicant has successfully completed a training
2 program for respiratory therapy technicians or respiratory
3 therapists approved by the Commission on Accreditation of
4 Allied Health Education Programs, or the equivalent thereof,
5 as accepted by the board.
6 2. The applicant is currently a "Certified Respiratory
7 Therapy Technician" certified by the National Board for
8 Respiratory Care, or the equivalent thereof, as accepted by
9 the board.
10 3. The applicant is currently a "Registered
11 Respiratory Therapist" registered by the National Board for
12 Respiratory Care, or the equivalent thereof, as accepted by
13 the board.
14 4. The applicant is currently employed in this state
15 as a respiratory care practitioner or respiratory therapist on
16 October 1, 1984.
17
18 The criteria set forth in subparagraphs 2. and 3.
19 notwithstanding, the board shall periodically annually review
20 the examinations and standards of the National Board for
21 Respiratory Care and may reject those examinations and
22 standards if they are deemed inappropriate.
23 (2) To be eligible for licensure by the board as a
24 respiratory therapist, an applicant must:
25 (a) Be at least 18 years old.
26 (b) Possess a high school diploma or a graduate
27 equivalency diploma.
28 (c) Meet at least one of the following criteria:
29 1. The applicant has successfully completed a training
30 program for respiratory therapists approved by the Commission
31
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1 on Accreditation of Allied Health Education Programs, or the
2 equivalent thereof, as accepted by the board.
3 2. The applicant is currently a "Registered
4 Respiratory Therapist" registered by the National Board for
5 Respiratory Care, or the equivalent thereof, as accepted by
6 the board.
7
8 The criteria set forth in subparagraphs 1. and 2.
9 notwithstanding, the board shall periodically annually review
10 the examinations and standards of the National Board for
11 Respiratory Care and may reject those examinations and
12 standards if they are deemed inappropriate.
13 (3) With respect to the delivery of respiratory care
14 services, the board shall establish procedures for temporary
15 licensure of eligible individuals entering the state and
16 temporary licensure of those persons who have graduated from a
17 program approved by the board. Such temporary licensure shall
18 be for a period not to exceed 1 year.
19 Section 120. Section 468.357, Florida Statutes, is
20 amended to read:
21 468.357 Licensure by examination.--
22 (1) A person who desires to be licensed as a
23 respiratory care practitioner may submit an application to the
24 department to take the examination, in accordance with board
25 rule to be administered by the department.
26 (a) The department shall examine Each applicant may
27 take the examination who is determined by the board to have:
28 1. Completed the application form and remitted the
29 applicable fee set by the board;
30 2. Submitted required documentation as required in s.
31 468.355; and
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1 3. Remitted an examination fee set by the examination
2 provider board.
3 (b) The department shall conduct Examinations for
4 licensure of respiratory care practitioners must be conducted
5 no less than two times a year in such geographical locations
6 or by such methods as are deemed advantageous to the majority
7 of the applicants.
8 (c) The examination given for respiratory care
9 practitioners shall be the same as that given by the National
10 Board for Respiratory Care for entry-level certification of
11 respiratory therapy technicians. However, an equivalent
12 examination may be accepted by the board in lieu of that
13 examination.
14 (2) Each applicant who passes the examination shall be
15 entitled to licensure as a respiratory care practitioner, and
16 the department shall issue a license pursuant to this part to
17 any applicant who successfully completes the examination in
18 accordance with this section. However, the department shall
19 not issue a license to any applicant who is under
20 investigation in another jurisdiction for an offense which
21 would constitute a violation of this part. Upon completion of
22 such an investigation, if the applicant is found guilty of
23 such an offense, the applicable provisions of s. 468.365 will
24 apply.
25 (3) Any person who was employed in this state on or
26 before September 30, 1983, as a respiratory therapy technician
27 or respiratory therapist, and who has performed services in
28 such professional capacity for 4 years or more by October 1,
29 1987, under the supervision of a licensed physician or in a
30 hospital or licensed health care facility, shall be issued a
31 license without examination, if such person provides
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1 acceptable documentation of performance of such services to
2 the board. Such documentation shall include certification by
3 a physician licensed pursuant to chapter 458 or chapter 459
4 who has direct knowledge of the practice of, or who has
5 supervised, the person. If such person is not determined to
6 have performed critical care respiratory services for at least
7 4 years, the board may limit the license of such person to the
8 performance of noncritical care respiratory services.
9 Section 121. Section 468.364, Florida Statutes, 1998
10 Supplement, is amended to read:
11 468.364 Fees; establishment; disposition.--
12 (1) The board shall establish by rule fees for the
13 following purposes:
14 (a) Application, a fee not to exceed $50.
15 (b) Examination, a fee not to exceed $125 plus the
16 actual per applicant cost to the department for purchase of
17 the examination from the National Board for Respiratory Care
18 or a similar national organization.
19 (b)(c) Initial licensure, a fee not to exceed $200.
20 (c)(d) Renewal of licensure, a fee not to exceed $200
21 biennially.
22 (d)(e) Renewal of inactive licensure, a fee not to
23 exceed $50.
24 (e)(f) Reactivation, a fee not to exceed $50.
25 (2) The fees established pursuant to subsection (1)
26 shall be based upon the actual costs incurred by the
27 department in carrying out its responsibilities under this
28 part.
29 (3) All moneys collected by the department under this
30 part shall be deposited as required by s. 455.587.
31
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1 Section 122. Paragraph (f) of subsection (1) of
2 section 468.365, Florida Statutes, 1998 Supplement, is amended
3 to read:
4 468.365 Disciplinary grounds and actions.--
5 (1) The following acts constitute grounds for which
6 the disciplinary actions in subsection (2) may be taken:
7 (f) Unprofessional conduct, which includes, but is not
8 limited to, any departure from, or failure to conform to,
9 acceptable standards related to the delivery of respiratory
10 care services, as set forth by the board and the Advisory
11 Council on Respiratory Care in rules adopted pursuant to this
12 part.
13 Section 123. Paragraph (a) of subsection (2) of
14 section 464.016, Florida Statutes, is amended to read:
15 464.016 Violations and penalties.--
16 (2) Each of the following acts constitutes a
17 misdemeanor of the first degree, punishable as provided in s.
18 775.082 or s. 775.083:
19 (a) Using the name or title "Nurse," "Registered
20 Nurse," "Licensed Practical Nurse," "Advanced Registered Nurse
21 Practitioner," or any other name or title which implies that a
22 person was licensed or certified as same, unless such person
23 is duly licensed or certified.
24 Section 124. Paragraphs (b) and (c) of subsection (1)
25 of section 458.3115, Florida Statutes, 1998 Supplement, are
26 amended to read:
27 458.3115 Restricted license; certain foreign-licensed
28 physicians; United States Medical Licensing Examination
29 (USMLE) or agency-developed examination; restrictions on
30 practice; full licensure.--
31 (1)
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1 (b) A person who is eligible to take and elects to
2 take the USMLE who has previously passed part 1 or part 2 of
3 the previously administered FLEX shall not be required to
4 retake or pass the equivalent parts of the USMLE up to the
5 year 2002 2000.
6 (c) A person shall be eligible to take such
7 examination for restricted licensure if the person:
8 1. Has taken, upon approval by the board, and
9 completed, in November 1990 or November 1992, one of the
10 special preparatory medical update courses authorized by the
11 board and the University of Miami Medical School and
12 subsequently passed the final course examination; upon
13 approval by the board to take the course completed in 1990 or
14 in 1992, has a certificate of successful completion of that
15 course from the University of Miami or the Stanley H. Kaplan
16 course; or can document to the department that he or she was
17 one of the persons who took and successfully completed the
18 Stanley H. Kaplan course that was approved by the Board of
19 Medicine and supervised by the University of Miami. At a
20 minimum, the documentation must include class attendance
21 records and the test score on the final course examination;
22 2. Applies to the agency and submits an application
23 fee that is nonrefundable and equivalent to the fee required
24 for full licensure;
25 3. Documents no less than 2 years of the active
26 practice of medicine in any another jurisdiction;
27 4. Submits an examination fee that is nonrefundable
28 and equivalent to the fee required for full licensure plus the
29 actual per-applicant cost to the agency to provide either
30 examination described in this section;
31
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1 5. Has not committed any act or offense in this or any
2 other jurisdiction that would constitute a substantial basis
3 for disciplining a physician under this chapter or part II of
4 chapter 455; and
5 6. Is not under discipline, investigation, or
6 prosecution in this or any other jurisdiction for an act that
7 would constitute a violation of this chapter or part II of
8 chapter 455 and that substantially threatened or threatens the
9 public health, safety, or welfare.
10 Section 125. Subsection (2) of section 458.3124,
11 Florida Statutes, 1998 Supplement, is amended to read:
12 458.3124 Restricted license; certain experienced
13 foreign-trained physicians.--
14 (2) A person applying for licensure under this section
15 must submit to the Department of Health on or before December
16 31, 2000 1998:
17 (a) A completed application and documentation required
18 by the Board of Medicine to prove compliance with subsection
19 (1); and
20 (b) A nonrefundable application fee not to exceed $500
21 and a nonrefundable examination fee not to exceed $300 plus
22 the actual cost to purchase and administer the examination.
23 Section 126. Effective upon this act becoming a law,
24 section 301 of chapter 98-166, Laws of Florida, is amended to
25 read:
26 Section 301. The sum of $1.2 million from the
27 unallocated balance in the Medical Quality Assurance Trust
28 Fund is appropriated to the Department of Health to allow the
29 department to develop the examination required for foreign
30 licensed physicians in section 458.3115(1)(a), Florida
31 Statutes, through a contract with the University of South
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1 Florida. The department shall charge examinees a fee not to
2 exceed 25 percent of the cost of the actual costs of the first
3 examination administered pursuant to section 458.3115, Florida
4 Statutes, 1998 Supplement, and a fee not to exceed 75 percent
5 of the actual costs for any subsequent examination
6 administered pursuant to that section.
7 Section 127. Subsection (1)(a) of section 490.012,
8 Florida Statutes, is amended to read:
9 490.012 Violations; penalties; injunction.--
10 (1)(a) No person shall hold herself or himself out by
11 any title or description incorporating the words, or
12 permutations of them, "psychologist," "psychology,"
13 "psychological," "psychodiagnostic," or "school psychologist,"
14 or describe any test or report as psychological, unless such
15 person holds a valid, active license under this chapter,
16 chapter 458 or chapter 459 or is exempt from the provisions of
17 this chapter.
18 Section 128. The Agency for Health Care
19 Administration, in conjunction with the Medicare Fraud
20 Division of the Office of the Attorney General, shall conduct
21 a detailed study and analysis of clinical laboratory services
22 for kidney dialysis patients in the State of Florida. The
23 study shall include, but not be limited to, an analysis of the
24 past and present utilization rates of clinical laboratory
25 services for dialysis patients, financial arrangements among
26 kidney dialysis centers, their medical directors, and any
27 business relationships and affiliations with clinical
28 laboratories, any self referral to clinical labs, the quality
29 and responsiveness of clinical laboratory services for
30 dialysis patients in Florida, and the average annual revenue
31 for dialysis patients for clinical laboratory services for the
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1 past ten years. The agency shall report back to the President
2 of the Senate, Speaker of the House of Representatives, and
3 chairs of the appropriate substantive committees of the
4 Legislature on its findings no later than February 1, 2000.
5 Section 129. Subsection (3) is added to section
6 455.651, Florida Statutes, 1998 Supplement, to read:
7 455.651 Disclosure of confidential information.--
8 (1) No officer, employee, or person under contract
9 with the department, or any board therein, or any subject of
10 an investigation shall convey knowledge or information to any
11 person who is not lawfully entitled to such knowledge or
12 information about any public meeting or public record, which
13 at the time such knowledge or information is conveyed is
14 exempt from the provisions of s. 119.01, s. 119.07(1), or s.
15 286.011.
16 (2) Any person who willfully violates any provision of
17 this section is guilty of a misdemeanor of the first degree,
18 punishable as provided in s. 775.082 or s. 775.083, and may be
19 subject to discipline pursuant to s. 455.624, and, if
20 applicable, shall be removed from office, employment, or the
21 contractual relationship.
22 (3) Any person injured as a result of a violation of
23 this section shall have a civil cause of action for treble
24 damages, reasonable attorney fees, and costs.
25 Section 130. Except as otherwise provided in this act,
26 this act shall take effect July 1, 1999.
27
28
29
30
31
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