House Bill 2017c1

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    Florida House of Representatives - 1999             CS/HB 2017

        By the Committees on Governmental Rules & Regulations,
    Business Regulation & Consumer Affairs and Representatives
    Ogles, Brown, Turnbull, J. Miller, Cantens, Greenstein, Kilmer
    and Sorensen



  1                      A bill to be entitled

  2         An act relating to the regulation of

  3         professions and occupations; amending s. 11.62,

  4         F.S.; providing criteria for evaluating

  5         proposals for new regulation of a profession or

  6         occupation based on the effect of such

  7         regulation on job creation or retention;

  8         requiring proponents of legislation to regulate

  9         a profession or occupation not already

10         regulated to provide additional cost

11         information; amending ss. 455.201 and 455.517,

12         F.S.; prohibiting the Department of Business

13         and Professional Regulation and the Department

14         of Health and their regulatory boards from

15         creating any regulation that has an

16         unreasonable effect on job creation or

17         retention or on employment opportunities;

18         providing for evaluation of proposals to

19         increase the regulation of already regulated

20         professions to determine the effect of such

21         regulation on job creation or retention and

22         employment opportunities; creating s. 455.2035,

23         F.S.; providing rulemaking authority to the

24         Department of Business and Professional

25         Regulation for the regulation of any profession

26         under its jurisdiction which does not have a

27         regulatory board; creating s. 455.2123, F.S.;

28         authorizing the use of distance learning to

29         satisfy continuing education requirements;

30         creating s. 455.2124, F.S.; authorizing

31         proration of continuing education requirements;

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  1         amending s. 455.213, F.S.; requiring

  2         fingerprint cards with applications for

  3         registration, certification, or licensure in

  4         certain professions; providing for use of such

  5         cards for criminal history record checks of

  6         applicants; amending s. 468.453, F.S.; applying

  7         such fingerprint card requirements to

  8         applicants for licensure as an athlete agent;

  9         amending s. 475.175, F.S.; applying such

10         fingerprint card requirements to persons

11         applying to take the examination for licensure

12         as a real estate broker or salesperson;

13         amending s. 475.615, F.S.; applying such

14         fingerprint card requirements to applicants for

15         registration, certification, or licensure as a

16         real estate appraiser; amending s. 120.695,

17         F.S.; providing that notices of noncompliance

18         apply to violations of regulatory provisions of

19         an agency found in rule or statute; eliminating

20         obsolete provisions relating to review and

21         designation of agency rules for notice issuance

22         purposes; providing exemptions from

23         applicability of the section; creating s.

24         120.696, F.S.; providing for classification of

25         disciplinary actions as active or inactive;

26         providing for the periodic clearing of minor

27         violations from the disciplinary record;

28         providing rulemaking authority; amending s.

29         455.225, F.S.; providing for classification of

30         disciplinary actions by the Department of

31         Business and Professional Regulation as active

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  1         or inactive; providing for the periodic

  2         clearing of minor violations from the

  3         disciplinary record; providing rulemaking

  4         authority; amending s. 455.227, F.S.; providing

  5         for denial of issuance or renewal of licensure

  6         under certain circumstances; amending s.

  7         455.564, F.S.; clarifying continuing education

  8         requirements; amending s. 455.5651, F.S.;

  9         revising information required to be compiled

10         into a practitioner profile; amending s.

11         455.624, F.S.; prohibiting the use of

12         information derived from accident reports for

13         solicitation purposes; amending s. 460.402,

14         F.S.; providing an exemption from regulation

15         under ch. 460, F.S., relating to chiropractic,

16         for certain students; amending s. 460.403,

17         F.S.; defining the term "community-based

18         internship"; redefining the terms "direct

19         supervision" and "registered chiropractic

20         assistant"; amending s. 460.406, F.S.; revising

21         requirements for licensure as a chiropractic

22         physician by examination to remove a provision

23         relating to a training program; amending s.

24         460.413, F.S.; correcting cross references;

25         increasing the administrative fine; amending s.

26         460.4165, F.S.; revising requirements for

27         certification of chiropractic assistants;

28         providing for supervision of registered

29         chiropractic assistants; providing for biennial

30         renewal; providing fees; providing

31         applicability to current certificateholders;

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  1         amending s. 460.4166, F.S.; authorizing

  2         registered chiropractic assistants to be under

  3         the direct supervision of a certified

  4         chiropractic physician's assistant; amending s.

  5         477.013, F.S.; redefining the terms

  6         "cosmetology" and "specialty" and defining the

  7         terms "body wrapping" and "skin care services";

  8         amending s. 477.0132, F.S.; requiring

  9         registration of persons whose occupation or

10         practice is body wrapping; requiring a

11         registration fee and certain education;

12         amending s. 477.019, F.S.; exempting persons

13         whose occupation or practice is confined solely

14         to body wrapping from certain continuing

15         education requirements; amending s. 477.026,

16         F.S.; providing for the registration fee;

17         amending s. 477.0265, F.S.; prohibiting

18         advertising or implying that skin care services

19         or body wrapping have any relationship to the

20         practice of massage therapy; providing

21         penalties; amending s. 477.029, F.S.;

22         prohibiting holding oneself out as a body

23         wrapper unless licensed, registered, or

24         otherwise authorized under chapter 477, F.S.;

25         providing penalties; amending s. 490.003, F.S.;

26         redefining the term "psychologist"; amending s.

27         490.005, F.S.; revising educational

28         requirements for licensure as a psychologist by

29         examination; changing a date, to defer certain

30         educational requirements; amending s. 490.006,

31         F.S.; providing additional requirements for

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  1         licensure as a psychologist by endorsement;

  2         amending s. 490.0085, F.S.; correcting the name

  3         of a trust fund; amending ss. 626.883 and

  4         641.316, F.S.; providing for a detailed

  5         explanation of benefits to be included in all

  6         payments to a health care provider by a fiscal

  7         intermediary; providing an effective date.

  8

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

10

11         Section 1.  Subsections (3) and (4) of section 11.62,

12  Florida Statutes, are amended to read:

13         11.62  Legislative review of proposed regulation of

14  unregulated functions.--

15         (3)  In determining whether to regulate a profession or

16  occupation, the Legislature shall consider the following

17  factors:

18         (a)  Whether the unregulated practice of the profession

19  or occupation will substantially harm or endanger the public

20  health, safety, or welfare, and whether the potential for harm

21  is recognizable and not remote;

22         (b)  Whether the practice of the profession or

23  occupation requires specialized skill or training, and whether

24  that skill or training is readily measurable or quantifiable

25  so that examination or training requirements would reasonably

26  assure initial and continuing professional or occupational

27  ability;

28         (c)  Whether the regulation will have an unreasonable

29  effect on job creation or job retention in the state or will

30  place unreasonable restrictions on the ability of individuals

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  1  who seek to practice or who are practicing a given profession

  2  or occupation to find employment;

  3         (d)(c)  Whether the public is or can be effectively

  4  protected by other means; and

  5         (e)(d)  Whether the overall cost-effectiveness and

  6  economic impact of the proposed regulation, including the

  7  indirect costs to consumers, will be favorable.

  8         (4)  The proponents of legislation that provides for

  9  the regulation of a profession or occupation not already

10  expressly subject to state regulation shall provide, upon

11  request, the following information in writing to the state

12  agency that is proposed to have jurisdiction over the

13  regulation and to the legislative committees to which the

14  legislation is referred:

15         (a)  The number of individuals or businesses that would

16  be subject to the regulation;

17         (b)  The name of each association that represents

18  members of the profession or occupation, together with a copy

19  of its codes of ethics or conduct;

20         (c)  Documentation of the nature and extent of the harm

21  to the public caused by the unregulated practice of the

22  profession or occupation, including a description of any

23  complaints that have been lodged against persons who have

24  practiced the profession or occupation in this state during

25  the preceding 3 years;

26         (d)  A list of states that regulate the profession or

27  occupation, and the dates of enactment of each law providing

28  for such regulation and a copy of each law;

29         (e)  A list and description of state and federal laws

30  that have been enacted to protect the public with respect to

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  1  the profession or occupation and a statement of the reasons

  2  why these laws have not proven adequate to protect the public;

  3         (f)  A description of the voluntary efforts made by

  4  members of the profession or occupation to protect the public

  5  and a statement of the reasons why these efforts are not

  6  adequate to protect the public;

  7         (g)  A copy of any federal legislation mandating

  8  regulation;

  9         (h)  An explanation of the reasons why other types of

10  less restrictive regulation would not effectively protect the

11  public;

12         (i)  The cost, availability, and appropriateness of

13  training and examination requirements;

14         (j)(i)  The cost of regulation, including the indirect

15  cost to consumers, and the method proposed to finance the

16  regulation;

17         (k)  The cost imposed on applicants or practitioners or

18  on employers of applicants or practitioners as a result of the

19  regulation;

20         (l)(j)  The details of any previous efforts in this

21  state to implement regulation of the profession or occupation;

22  and

23         (m)(k)  Any other information the agency or the

24  committee considers relevant to the analysis of the proposed

25  legislation.

26         Section 2.  Subsection (4) of section 455.201, Florida

27  Statutes, is amended to read:

28         455.201  Professions and occupations regulated by

29  department; legislative intent; requirements.--

30         (4)(a)  Neither the department nor any board may No

31  board, nor the department, shall create unreasonably

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  1  restrictive and extraordinary standards that deter qualified

  2  persons from entering the various professions. Neither the

  3  department nor any board may No board, nor the department,

  4  shall take any action that which tends to create or maintain

  5  an economic condition that unreasonably restricts competition,

  6  except as specifically provided by law.

  7         (b)  Neither the department nor any board may create a

  8  regulation that has an unreasonable effect on job creation or

  9  job retention in the state or that places unreasonable

10  restrictions on the ability of individuals who seek to

11  practice or who are practicing a given profession or

12  occupation to find employment.

13         (c)  The Legislature shall evaluate proposals to

14  increase regulation of already regulated professions or

15  occupations to determine their effect on job creation or

16  retention and employment opportunities.

17         Section 3.  Subsection (4) of section 455.517, Florida

18  Statutes, is amended to read:

19         455.517  Professions and occupations regulated by

20  department; legislative intent; requirements.--

21         (4)(a)  Neither the department nor any board may No

22  board, nor the department, shall create unreasonably

23  restrictive and extraordinary standards that deter qualified

24  persons from entering the various professions. Neither the

25  department nor any board may No board, nor the department,

26  shall take any action that which tends to create or maintain

27  an economic condition that unreasonably restricts competition,

28  except as specifically provided by law.

29         (b)  Neither the department nor any board may create a

30  regulation that has an unreasonable effect on job creation or

31  job retention in the state or that places unreasonable

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  1  restrictions on the ability of individuals who seek to

  2  practice or who are practicing a profession or occupation to

  3  find employment.

  4         (c)  The Legislature shall evaluate proposals to

  5  increase the regulation of regulated professions or

  6  occupations to determine the effect of increased regulation on

  7  job creation or retention and employment opportunities.

  8         Section 4.  Section 455.2035, Florida Statutes, is

  9  created to read:

10         455.2035  Rulemaking authority for professions not

11  under a board.--The department may adopt rules pursuant to ss.

12  120.54 and 120.536(1) to implement the regulatory requirements

13  of any profession within the department's jurisdiction which

14  does not have a statutorily authorized regulatory board.

15         Section 5.  Section 455.2123, Florida Statutes, is

16  created to read:

17         455.2123  Continuing education.--A board, or the

18  department when there is no board, may provide by rule that

19  distance learning may be used to satisfy continuing education

20  requirements.

21         Section 6.  Section 455.2124, Florida Statutes, is

22  created to read:

23         455.2124  Proration of continuing education.--A board,

24  or the department when there is no board, may:

25         (1)  Prorate continuing education for new licensees by

26  requiring half of the required continuing education for any

27  applicant who becomes licensed with more than half the renewal

28  period remaining and no continuing education for any applicant

29  who becomes licensed with half or less than half of the

30  renewal period remaining; or

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  1         (2)  Require no continuing education until the first

  2  full renewal cycle of the licensee.

  3

  4  These options shall also apply when continuing education is

  5  first required or the number of hours required is increased by

  6  law or the board, or the department when there is no board.

  7         Section 7.  Subsection (10) is added to section

  8  455.213, Florida Statutes, 1998 Supplement, to read:

  9         455.213  General licensing provisions.--

10         (10)  For any profession requiring fingerprints as part

11  of the registration, certification, or licensure process or

12  for any profession requiring a criminal history record check

13  to determine good moral character, a fingerprint card

14  containing the fingerprints of the applicant must accompany

15  all applications for registration, certification, or

16  licensure. The fingerprint card shall be forwarded to the

17  Division of Criminal Justice Information Systems within the

18  Department of Law Enforcement for purposes of processing the

19  fingerprint card to determine if the applicant has a criminal

20  history record. The fingerprint card shall also be forwarded

21  to the Federal Bureau of Investigation for purposes of

22  processing the fingerprint card to determine if the applicant

23  has a criminal history record. The information obtained by the

24  processing of the fingerprint card by the Florida Department

25  of Law Enforcement and the Federal Bureau of Investigation

26  shall be sent to the department for the purpose of determining

27  if the applicant is statutorily qualified for registration,

28  certification, or licensure.

29         Section 8.  Paragraph (e) of subsection (2) of section

30  468.453, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         468.453  Licensure required; qualifications;

  2  examination; bond.--

  3         (2)  A person shall be licensed as an athlete agent if

  4  the applicant:

  5         (e)  Has provided sufficient information which must be

  6  submitted to by the department a fingerprint card for a

  7  criminal history records check through the Federal Bureau of

  8  Investigation. The fingerprint card shall be forwarded to the

  9  Division of Criminal Justice Information Systems within the

10  Department of Law Enforcement for purposes of processing the

11  fingerprint card to determine if the applicant has a criminal

12  history record. The fingerprint card shall also be forwarded

13  to the Federal Bureau of Investigation for purposes of

14  processing the fingerprint card to determine if the applicant

15  has a criminal history record. The information obtained by the

16  processing of the fingerprint card by the Florida Department

17  of Law Enforcement and the Federal Bureau of Investigation

18  shall be sent to the department for the purpose of determining

19  if the applicant is statutorily qualified for licensure.

20         Section 9.  Paragraph (a) of subsection (1) of section

21  475.175, Florida Statutes, is amended to read:

22         475.175  Examinations.--

23         (1)  A person shall be entitled to take the license

24  examination to practice in this state if the person:

25         (a)  Submits to the department the appropriate

26  notarized application and fee, two photographs of herself or

27  himself taken within the preceding year, and a fingerprint

28  card. The fingerprint card shall be forwarded to the Division

29  of Criminal Justice Information Systems within the Department

30  of Law Enforcement for purposes of processing the fingerprint

31  card to determine if the applicant has a criminal history

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  1  record. The fingerprint card shall also be forwarded to the

  2  Federal Bureau of Investigation for purposes of processing the

  3  fingerprint card to determine if the applicant has a criminal

  4  history record. The information obtained by the processing of

  5  the fingerprint card by the Florida Department of Law

  6  Enforcement and the Federal Bureau of Investigation shall be

  7  sent to the department for the purpose of determining if the

  8  applicant is statutorily qualified for examination.

  9  fingerprints for processing through appropriate law

10  enforcement agencies; and

11         Section 10.  Subsection (3) of section 475.615, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         475.615  Qualifications for registration, licensure, or

14  certification.--

15         (3)  Appropriate fees, as set forth in the rules of the

16  board pursuant to s. 475.6147, and a fingerprint card

17  fingerprints for processing through appropriate law

18  enforcement agencies must accompany all applications for

19  registration, licensure, and certification, or licensure. The

20  fingerprint card shall be forwarded to the Division of

21  Criminal Justice Information Systems within the Department of

22  Law Enforcement for purposes of processing the fingerprint

23  card to determine if the applicant has a criminal history

24  record. The fingerprint card shall also be forwarded to the

25  Federal Bureau of Investigation for purposes of processing the

26  fingerprint card to determine if the applicant has a criminal

27  history record. The information obtained by the processing of

28  the fingerprint card by the Florida Department of Law

29  Enforcement and the Federal Bureau of Investigation shall be

30  sent to the department for the purpose of determining if the

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  1  applicant is statutorily qualified for registration,

  2  certification, or licensure.

  3         Section 11.  Section 120.695, Florida Statutes, is

  4  amended to read:

  5         120.695  Notice of noncompliance.--

  6         (1)  It is the policy of the state that the purpose of

  7  regulation is to protect the public by attaining compliance

  8  with the policies established by the Legislature. Fines and

  9  other penalties may be provided in order to ensure assure

10  compliance; however, the collection of fines and the

11  imposition of penalties are intended to be secondary to the

12  primary goal of attaining compliance with the an agency's

13  rules or statutes. It is the intent of the Legislature that an

14  agency charged with enforcing the rules or statutes shall

15  issue a notice of noncompliance as its first response to a

16  minor violation of a rule or statute in any instance in which

17  it is reasonable to assume that the violator was unaware of

18  the rule or statute or was unclear as to how to comply with

19  it.

20         (2)(a)  Each agency shall issue a notice of

21  noncompliance as a first response to a minor violation of a

22  rule. A "notice of noncompliance" is a notification by the

23  agency charged with enforcing the rule issued to the person or

24  business subject to the rule or statute in question. A notice

25  of noncompliance may not be accompanied with a fine or other

26  disciplinary penalty. It must identify the specific provision

27  found in rule or statute that is being violated, provide

28  information on how to comply with it the rule, and specify a

29  reasonable time for the violator to comply with the rule. A

30  rule is agency action that regulates a business, occupation,

31  or profession, or regulates a person operating a business,

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  1  occupation, or profession, and that, if not complied with, may

  2  result in a disciplinary penalty.

  3         (b)  Each agency shall review all of its rules and

  4  designate those for which a violation would be a minor

  5  violation and for which a notice of noncompliance must be the

  6  first enforcement action taken against a person or business

  7  subject to regulation. A violation of a rule is a minor

  8  violation if it does not result in economic or physical harm

  9  to a person or adversely affect the public health, safety, or

10  welfare or create a significant threat of such harm. If an

11  agency under the direction of a cabinet officer mails to each

12  licensee a notice of the designated rules at the time of

13  licensure and at least annually thereafter, the provisions of

14  paragraph (a) may be exercised at the discretion of the

15  agency. Such notice shall include a subject-matter index of

16  the rules and information on how the rules may be obtained.

17         (c)  The agency's review and designation must be

18  completed by December 1, 1995; each agency under the direction

19  of the Governor shall make a report to the Governor, and each

20  agency under the joint direction of the Governor and Cabinet

21  shall report to the Governor and Cabinet by January 1, 1996,

22  on which of its rules have been designated as rules the

23  violation of which would be a minor violation.

24         (d)  The Governor or the Governor and Cabinet, as

25  appropriate pursuant to paragraph (c), may evaluate the review

26  and designation effects of each agency and may apply a

27  different designation than that applied by the agency.

28         (3)(e)  This section does not apply to the Department

29  of Revenue, criminal law, statutes relating to taxes or fees,

30  or the regulation of law enforcement personnel or teachers.

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  1         (4)(f)  Designation pursuant to this section is not

  2  subject to challenge under this chapter.

  3         Section 12.  Section 120.696, Florida Statutes, is

  4  created to read:

  5         120.696  Classification of disciplinary actions.--

  6         (1)  The legislative intent of this subsection is to

  7  clear minor violations from the disciplinary record of certain

  8  persons or businesses after a set period of time. A person or

  9  business may petition the appropriate agency to review a

10  disciplinary incident to determine whether the specific

11  violation meets the standard of a minor violation as set forth

12  in s. 120.695(2). If the circumstances of the violation meet

13  that standard, and 2 years have passed since the issuance of a

14  final order imposing discipline, the agency shall reclassify

15  that violation as inactive, so long as the person or business

16  has not been disciplined for a subsequent violation of the

17  same nature. Once the agency has reclassified the violation as

18  inactive, it shall no longer be considered as part of the

19  disciplinary record of that person or business, and the person

20  or business may lawfully deny or fail to acknowledge the

21  incident as a disciplinary action. The agency has authority to

22  adopt rules to implement this subsection.

23         (2)  Each agency may establish a schedule classifying

24  violations according to the severity of the violation. After

25  the expiration of set periods of time, the agency may provide

26  for such disciplinary records to become inactive, according to

27  their classification. Once the disciplinary record has become

28  inactive, the agency may clear the violation from the

29  disciplinary record and the subject person or business may

30  lawfully deny or fail to acknowledge such disciplinary

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  1  actions. Each agency has authority to adopt rules to implement

  2  this subsection.

  3         Section 13.  Subsection (3) of section 455.225, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         455.225  Disciplinary proceedings.--Disciplinary

  6  proceedings for each board shall be within the jurisdiction of

  7  the department.

  8         (3)(a)  As an alternative to the provisions of

  9  subsections (1) and (2), when a complaint is received, the

10  department may provide a licensee with a notice of

11  noncompliance for an initial offense of a minor violation. A

12  violation is a minor violation if it does not demonstrate a

13  serious inability to practice the profession, result in

14  economic or physical harm to a person, or adversely affect the

15  public health, safety, or welfare or create a significant

16  threat of such harm. Each board, or the department if there is

17  no board, shall establish by rule those violations which are

18  minor violations under this provision. Failure of a licensee

19  to take action in correcting the violation within 15 days

20  after notice may result in the institution of regular

21  disciplinary proceedings.

22         (b)  The department may issue a notice of noncompliance

23  for an initial offense of a minor violation, notwithstanding a

24  board's failure to designate a particular minor violation by

25  rule as provided in paragraph (a).

26         (c)  The legislative intent of this paragraph is to

27  clear minor violations from a licensee's disciplinary record

28  after a set period of time. A licensee may petition the

29  department to review a disciplinary incident to determine

30  whether the specific violation meets the standard of a minor

31  violation as set forth in paragraph (a). If the circumstances

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  1  of the violation meet that standard, and 2 years have passed

  2  since the issuance of a final order imposing discipline, the

  3  agency shall reclassify that violation as inactive, so long as

  4  the licensee has not been disciplined for a subsequent

  5  violation of the same nature. Once the department has

  6  reclassified the violation as inactive, it shall no longer be

  7  considered as part of the licensee's disciplinary record, and

  8  the licensee may lawfully deny or fail to acknowledge the

  9  incident as a disciplinary action. The department has

10  authority to adopt rules to implement this paragraph.

11         (d)  Each agency may establish a schedule classifying

12  violations according to the severity of the violation. After

13  the expiration of set periods of time, the agency may provide

14  for such disciplinary records to become inactive, according to

15  their classification. Once the disciplinary record has become

16  inactive, the agency may clear the violation from the

17  disciplinary record and the subject person or business may

18  lawfully deny or fail to acknowledge such disciplinary

19  actions. Each agency has authority to adopt rules to implement

20  this paragraph.

21         Section 14.  Subsection (3) of section 455.227, Florida

22  Statutes, is amended to read:

23         455.227  Grounds for discipline; penalties;

24  enforcement.--

25         (3)(a)  In addition to any other discipline imposed

26  pursuant to this section or discipline imposed for a violation

27  of any practice act, the board, or the department when there

28  is no board, may assess costs related to the investigation and

29  prosecution of the case excluding costs associated with an

30  attorney's time.

31

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  1         (b)  In any case where the board or the department

  2  imposes a fine or assessment and the fine or assessment is not

  3  paid within a reasonable time, such reasonable time to be

  4  prescribed in the rules of the board, or the department when

  5  there is no board, or in the order assessing such fines or

  6  costs, the department or the Department of Legal Affairs may

  7  contract for the collection of, or bring a civil action to

  8  recover, the fine or assessment.

  9         (c)  The department shall not issue or renew a license

10  to any person against whom or business against which the board

11  has assessed a fine, interest, or costs associated with

12  investigation and prosecution until the person or business has

13  paid in full such fine, interest, or costs associated with

14  investigation and prosecution or until the person or business

15  complies with or satisfies all terms and conditions of the

16  final order.

17         Section 15.  Subsection (6) of section 455.564, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         455.564  Department; general licensing provisions.--

20         (6)  As a condition of renewal of a license, the Board

21  of Medicine, the Board of Osteopathic Medicine, the Board of

22  Chiropractic Medicine, and the Board of Podiatric Medicine

23  shall each require licensees which they respectively regulate

24  to periodically demonstrate their professional competency by

25  completing at least 40 hours of continuing education every 2

26  years, which may include up to 1 hour of risk management or

27  cost containment and up to 2 hours of other topics related to

28  the applicable medical specialty, if required by board rule.

29  The boards may require by rule that up to 1 hour of the

30  required 40 or more hours be in the area of risk management or

31  cost containment. This provision shall not be construed to

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  1  limit the number of hours that a licensee may obtain in risk

  2  management or cost containment to be credited towards

  3  satisfying the 40 or more required hours. This provision shall

  4  not be construed to require the boards to impose any

  5  requirement on licensees except for the completion of at least

  6  40 hours of continuing education every 2 years. Each of such

  7  boards shall determine whether any specific continuing

  8  education course requirements not otherwise mandated by law

  9  shall be mandated and shall approve criteria for, and the

10  content of, any continuing education course mandated by such

11  board. Notwithstanding any other provision of law, the board,

12  or the department when there is no board, may approve by rule

13  alternative methods of obtaining continuing education credits

14  in risk management. The alternative methods may include

15  attending a board meeting at which another a licensee is

16  disciplined, serving as a volunteer expert witness for the

17  department in a disciplinary case, or serving as a member of a

18  probable cause panel following the expiration of a board

19  member's term. Other boards within the Division of Medical

20  Quality Assurance, or the department if there is no board, may

21  adopt rules granting continuing education hours in risk

22  management for attending a board meeting at which another

23  licensee is disciplined, serving as a volunteer expert witness

24  for the department in a disciplinary case, or serving as a

25  member of a probable cause panel following the expiration of a

26  board member's term.

27         Section 16.  Subsections (5), (6), and (7) of section

28  455.5651, Florida Statutes, 1998 Supplement, are renumbered as

29  subsections (6), (7), and (8), respectively, and a new

30  subsection (5) is added to said section to read:

31         455.5651  Practitioner profile; creation.--

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  1         (5)  The Department of Health shall not include

  2  disciplinary action taken by a licensed hospital or an

  3  ambulatory surgical center in the practitioner profile.

  4         Section 17.  Paragraph (t) is added to subsection (1)

  5  of section 455.624, Florida Statutes, to read:

  6         455.624  Grounds for discipline; penalties;

  7  enforcement.--

  8         (1)  The following acts shall constitute grounds for

  9  which the disciplinary actions specified in subsection (2) may

10  be taken:

11         (t)  Using information about people involved in motor

12  vehicle accidents which has been derived from accident reports

13  made by law enforcement officers or persons involved in

14  accidents pursuant to s. 316.066, or using information

15  published in a newspaper or other news publication or through

16  a radio or television broadcast which has used information

17  gained from such reports, for the purposes of commercial or

18  any other solicitation whatsoever of the people involved in

19  such accidents.

20         Section 18.  Subsection (6) is added to section

21  460.402, Florida Statutes, to read:

22         460.402  Exceptions.--The provisions of this chapter

23  shall not apply to:

24         (6)  A chiropractic student enrolled in a chiropractic

25  college accredited by the Council on Chiropractic Education

26  and participating in a community-based internship under the

27  direct supervision of a doctor of chiropractic medicine who is

28  an adjunct faculty member of a chiropractic college in which

29  the student is enrolled.

30         Section 19.  Subsections (4) through (10) of section

31  460.403, Florida Statutes, 1998 Supplement, are renumbered as

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  1  subsections (5) through (11), respectively, a new subsection

  2  (4) is added to said section, and present subsections (6) and

  3  (9) of said section are amended, to read:

  4         460.403  Definitions.--As used in this chapter, the

  5  term:

  6         (4)  "Community-based internship" means a program in

  7  which a student enrolled in the last year of a chiropractic

  8  college accredited by the Council on Chiropractic Education is

  9  approved to obtain required pregraduation clinical experience

10  in a chiropractic clinic or practice under the direct

11  supervision of a doctor of chiropractic medicine who is an

12  adjunct faculty member of the chiropractic college in which

13  the student is enrolled, according to the teaching protocols

14  for the clinical practice requirements of the college.

15         (7)(6)  "Direct supervision" means responsible

16  supervision and control, with the licensed chiropractic

17  physician assuming legal liability for the services rendered

18  by a registered chiropractic assistant or by a chiropractic

19  student enrolled in a community-based internship.  Except in

20  cases of emergency, direct supervision shall require the

21  physical presence of the licensed chiropractic physician for

22  consultation and direction of the actions of the registered

23  chiropractic assistant or chiropractic student enrolled in a

24  community-based internship.  The board shall further establish

25  rules as to what constitutes responsible direct supervision of

26  a registered chiropractic assistant.

27         (10)(9)  "Registered chiropractic assistant" means a

28  person who is registered by the board to perform chiropractic

29  services under the direct supervision of a chiropractic

30  physician or certified chiropractic physician's assistant.

31

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  1         Section 20.  Subsection (1) of section 460.406, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         460.406  Licensure by examination.--

  4         (1)  Any person desiring to be licensed as a

  5  chiropractic physician shall apply to the department to take

  6  the licensure examination. There shall be an application fee

  7  set by the board not to exceed $100 which shall be

  8  nonrefundable.  There shall also be an examination fee not to

  9  exceed $500 plus the actual per applicant cost to the

10  department for purchase of portions of the examination from

11  the National Board of Chiropractic Examiners or a similar

12  national organization, which may be refundable if the

13  applicant is found ineligible to take the examination.  The

14  department shall examine each applicant who the board

15  certifies has:

16         (a)  Completed the application form and remitted the

17  appropriate fee.

18         (b)  Submitted proof satisfactory to the department

19  that he or she is not less than 18 years of age.

20         (c)  Submitted proof satisfactory to the department

21  that he or she is a graduate of a chiropractic college which

22  is accredited by or has status with the Council on

23  Chiropractic Education or its predecessor agency. However, any

24  applicant who is a graduate of a chiropractic college that was

25  initially accredited by the Council on Chiropractic Education

26  in 1995, who graduated from such college within the 4 years

27  immediately preceding such accreditation, and who is otherwise

28  qualified shall be eligible to take the examination.  No

29  application for a license to practice chiropractic medicine

30  shall be denied solely because the applicant is a graduate of

31

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  1  a chiropractic college that subscribes to one philosophy of

  2  chiropractic medicine as distinguished from another.

  3         (d)1.  For an applicant who has matriculated in a

  4  chiropractic college prior to July 2, 1990, completed at least

  5  2 years of residence college work, consisting of a minimum of

  6  one-half the work acceptable for a bachelor's degree granted

  7  on the basis of a 4-year period of study, in a college or

  8  university accredited by an accrediting agency recognized and

  9  approved by the United States Department of Education.

10  However, prior to being certified by the board to sit for the

11  examination, each applicant who has matriculated in a

12  chiropractic college after July 1, 1990, shall have been

13  granted a bachelor's degree, based upon 4 academic years of

14  study, by a college or university accredited by a regional

15  accrediting agency which is a member of the Commission on

16  Recognition of Postsecondary Accreditation.

17         2.  Effective July 1, 2000, completed, prior to

18  matriculation in a chiropractic college, at least 3 years of

19  residence college work, consisting of a minimum of 90 semester

20  hours leading to a bachelor's degree in a liberal arts college

21  or university accredited by an accrediting agency recognized

22  and 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, 2000, shall have been

26  granted a bachelor's degree from an institution holding

27  accreditation for that degree from a regional accrediting

28  agency which is recognized by the United States Department of

29  Education.  The applicant's chiropractic degree must consist

30  of credits earned in the chiropractic program and may not

31

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  1  include academic credit for courses from the bachelor's

  2  degree.

  3         (e)  Completed not less than a 3-month training program

  4  in this state of not less than 300 hours with a chiropractic

  5  physician licensed in this state. The chiropractic physician

  6  candidate may perform all services offered by the licensed

  7  chiropractic physician, but must be under the supervision of

  8  the licensed chiropractic physician until the results of the

  9  first licensure examination for which the candidate has

10  qualified have been received, at which time the candidate's

11  training program shall be terminated. However, an applicant

12  who has practiced chiropractic medicine in any other state,

13  territory, or jurisdiction of the United States or any foreign

14  national jurisdiction for at least 5 years as a licensed

15  chiropractic physician need not be required to complete the

16  3-month training program as a requirement for licensure.

17         (e)(f)  Successfully completed the National Board of

18  Chiropractic Examiners certification examination in parts I

19  and II and clinical competency, with a score approved by the

20  board, within 10 years immediately preceding application to

21  the department for licensure.

22         (f)(g)  Submitted to the department a set of

23  fingerprints on a form and under procedures specified by the

24  department, along with payment in an amount equal to the costs

25  incurred by the Department of Health for the criminal

26  background check of the applicant.

27         Section 21.  Paragraphs (p) and (dd) of subsection (1)

28  and paragraph (d) of subsection (2) of section 460.413,

29  Florida Statutes, 1998 Supplement, are amended to read:

30         460.413  Grounds for disciplinary action; action by the

31  board.--

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  1         (1)  The following acts shall constitute grounds for

  2  which the disciplinary actions specified in subsection (2) may

  3  be taken:

  4         (p)  Prescribing, dispensing, or administering any

  5  medicinal drug except as authorized by s. 460.403(9)(8)(c)2.,

  6  performing any surgery, or practicing obstetrics.

  7         (dd)  Using acupuncture without being certified

  8  pursuant to s. 460.403(9)(8)(f).

  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         (d)  Imposition of an administrative fine not to exceed

13  $10,000 $2,000 for each count or separate offense.

14

15  In determining what action is appropriate, the board must

16  first consider what sanctions are necessary to protect the

17  public or to compensate the patient. Only after those

18  sanctions have been imposed may the disciplining authority

19  consider and include in the order requirements designed to

20  rehabilitate the chiropractic physician. All costs associated

21  with compliance with orders issued under this subsection are

22  the obligation of the chiropractic physician.

23         Section 22.  Section 460.4165, Florida Statutes, is

24  amended to read:

25         460.4165  Certified chiropractic physician's

26  assistants.--

27         (1)  LEGISLATIVE INTENT.--The purpose of this section

28  is to encourage the more effective utilization of the skills

29  of chiropractic physicians by enabling them to delegate health

30  care tasks to qualified assistants when such delegation is

31  consistent with the patient's health and welfare and to allow

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  1  for innovative development of programs for the education of

  2  physician's assistants.

  3         (2)  PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S

  4  ASSISTANT.--Notwithstanding any other provision of law, a

  5  certified chiropractic physician's assistant may perform

  6  chiropractic services in the specialty area or areas for which

  7  the certified chiropractic physician's assistant is trained or

  8  experienced when such services are rendered under the

  9  supervision of a licensed chiropractic physician or group of

10  chiropractic physicians certified by the board.  Any certified

11  chiropractic physician's assistant certified under this

12  section to perform services may perform those services only:

13         (a)  In the office of the chiropractic physician to

14  whom the certified chiropractic physician's assistant has been

15  assigned, in which office such physician maintains her or his

16  primary practice;

17         (b)  Under indirect supervision of When the

18  chiropractic physician to whom she or he is assigned is

19  present;

20         (c)  In a hospital in which the chiropractic physician

21  to whom she or he is assigned is a member of the staff; or

22         (d)  On calls outside of the said office of the

23  chiropractic physician to whom she or he is assigned, on the

24  direct order of the chiropractic physician to whom she or he

25  is assigned.

26         (3)  THIRD-PARTY PAYORS.--This chapter does not prevent

27  third-party payors from reimbursing employers of physician

28  assistants for covered services rendered by certified

29  chiropractic physician's assistants.

30         (4)(3)  PERFORMANCE BY TRAINEES.--Notwithstanding any

31  other provision of law, a trainee may perform chiropractic

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  1  services when such services are rendered within the scope of

  2  an approved program.

  3         (5)(4)  PROGRAM APPROVAL.--The department shall issue

  4  certificates of approval for programs for the education and

  5  training of certified chiropractic physician's assistants

  6  which meet board standards.  Any basic program curriculum

  7  certified by the board shall cover a period of 24 months. The

  8  curriculum must consist of at least 200 didactic classroom

  9  hours during those 24 months.

10         (a)  In developing criteria for program approval, the

11  board shall give consideration to, and encourage, the

12  utilization of equivalency and proficiency testing and other

13  mechanisms whereby full credit is given to trainees for past

14  education and experience in health fields.

15         (b)  The board shall create groups of specialty

16  classifications of training for certified chiropractic

17  physician's assistants.  These classifications shall reflect

18  the training and experience of the certified chiropractic

19  physician's assistant. The certified chiropractic physician's

20  assistant may receive training in one or more such

21  classifications, which shall be shown on the certificate

22  issued.

23         (c)  The board shall adopt and publish standards to

24  ensure that such programs operate in a manner which does not

25  endanger the health and welfare of the patients who receive

26  services within the scope of the program.  The board shall

27  review the quality of the curricula, faculties, and facilities

28  of such programs; issue certificates of approval; and take

29  whatever other action is necessary to determine that the

30  purposes of this section are being met.

31

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  1         (6)(5)  APPLICATION APPROVAL.--Any person desiring to

  2  be licensed as a certified chiropractic physician's assistant

  3  must apply to the department. The department shall issue a

  4  certificate to any person certified by the board as having met

  5  the following requirements:

  6         (a)  Is at least 18 years of age.

  7         (b)  Is a graduate of an approved program or its

  8  equivalent and is fully qualified by reason of experience and

  9  education to perform chiropractic services under the

10  responsible supervision of a licensed chiropractic physician

11  and when the board is satisfied that the public will be

12  adequately protected by the arrangement proposed in the

13  application.

14         (c)  Has completed the application form and remitted an

15  application fee as set by the board pursuant to this section.

16  An application for certification made by a physician assistant

17  must include:

18         1.  A certificate of completion of a physician

19  assistant training program specified in subsection (5).

20         2.  A sworn statement of any prior felony convictions.

21         3.  A sworn statement of any previous revocation or

22  denial of licensure or certification in any state.

23         4.  Two letters of recommendation.

24         (a)  The board shall adopt rules for the consideration

25  of applications by a licensed chiropractic physician or a

26  group of licensed chiropractic physicians to supervise

27  certified chiropractic physician's assistants.  Each

28  application made by a chiropractic physician or group of

29  chiropractic physicians shall include all of the following:

30

31

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  1         1.  The qualifications, including related experience,

  2  of the certified chiropractic physician's assistant intended

  3  to be employed.

  4         2.  The professional background and specialty of the

  5  chiropractic physician or the group of chiropractic

  6  physicians.

  7         3.  A description by the chiropractic physician of her

  8  or his practice, or by the chiropractic physicians of their

  9  practice, and of the way in which the assistant or assistants

10  are to be utilized.

11

12  The board shall certify an application by a licensed

13  chiropractic physician to supervise a certified chiropractic

14  physician's assistant when the proposed assistant is a

15  graduate of an approved program or its equivalent and is fully

16  qualified by reason of experience and education to perform

17  chiropractic services under the responsible supervision of a

18  licensed chiropractic physician and when the board is

19  satisfied that the public will be adequately protected by the

20  arrangement proposed in the application.

21         (b)  The board shall certify no more than two certified

22  chiropractic physician's assistants for any chiropractic

23  physician practicing alone; no more than four chiropractic

24  physician's assistants for two chiropractic physicians

25  practicing together formally or informally; or no more than a

26  ratio of two certified chiropractic physician's assistants to

27  three chiropractic physicians in any group of chiropractic

28  physicians practicing together formally or informally.

29         (7)(6)  PENALTY.--Any person who has not been certified

30  by the board and approved by the department and who represents

31  herself or himself as a certified chiropractic physician's

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  1  assistant or who uses any other term in indicating or implying

  2  that she or he is a certified chiropractic physician's

  3  assistant is guilty of a felony of the third degree,

  4  punishable as provided in s. 775.082 or s. 775.084 or by a

  5  fine not exceeding $5,000.

  6         (8)(7)  REVOCATION OF APPROVAL.--The certificate of

  7  approval to supervise a certified chiropractic physician's

  8  assistant held by any chiropractic physician or group of

  9  chiropractic physicians may be revoked when the board

10  determines that the intent of this section is not being

11  carried out.

12         (9)(8)  FEES.--

13         (a)  A fee not to exceed $100 set by the board shall

14  accompany the application by a chiropractic physician for

15  authorization to supervise a certified chiropractic

16  physician's assistant.

17         (b)  Upon approval of an application for certification

18  of a certified chiropractic physician's assistant in a

19  specialty area, the applicant shall be charged an initial

20  certification fee for the first biennium not to exceed $250;

21  and a biennial renewal fee not to exceed $250 shall accompany

22  each application for renewal of the certified chiropractic

23  physician's assistant certificate.

24         (10)(9)  EXISTING PROGRAMS.--Nothing in this section

25  shall be construed to eliminate or supersede existing laws

26  relating to other paramedical professions or services.  It is

27  the intent of this section to supplement all such existing

28  programs relating to the certification and the practice of

29  paramedical professions as may be authorized by law.

30         (11)(10)  LIABILITY.--Each chiropractic physician or

31  group of chiropractic physicians utilizing certified

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  1  chiropractic physician's assistants shall be liable for any

  2  act or omission of any physician's assistant acting under her

  3  or his or its supervision and control.

  4         (12)  SUPERVISION OF REGISTERED CHIROPRACTIC

  5  ASSISTANT.--A certified chiropractic physician's assistant may

  6  directly supervise a registered chiropractic assistant and

  7  other persons who are not licensed as physicians who are

  8  employed or supervised by the chiropractic physician to whom

  9  the certified chiropractic physician's assistant is assigned.

10         (13)  CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION

11  RENEWAL.--The certification must be renewed biennially.  Each

12  renewal must include:

13         (a)  A renewal fee as set by board pursuant to this

14  section.

15         (b)  A sworn statement of no felony convictions in the

16  previous 2 years.

17         (c)  Each certified chiropractic physician's assistant

18  shall biennially complete 24 hours of continuing education

19  courses sponsored by chiropractic colleges accredited by the

20  Council on Chiropractic Education and approved by the board if

21  all other requirements of board rules setting forth criteria

22  for course approval are met. The board shall approve those

23  courses that build upon the basic courses required for the

24  practice of chiropractic medicine, and the board may also

25  approve courses in adjunctive modalities. The board may make

26  exception from the requirements of this section in emergency

27  or hardship cases. The board may adopt rules within the

28  requirements of this section that are necessary for its

29  implementation.

30         (d)  Upon employment as a certified chiropractic

31  physician's assistant, a certified chiropractic physician's

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  1  assistant must notify the department in writing within 30 days

  2  after such employment or after any subsequent changes in the

  3  supervising physician. The notification must include the full

  4  name, Florida chiropractic medical license number, specialty,

  5  and address of the supervising physician.

  6         Section 23.  Persons holding certificates as certified

  7  chiropractic physician's assistants as of the effective date

  8  of this act need not reapply for certification, but must

  9  comply with biennial renewal requirements as provided in s.

10  460.4165(6), Florida Statutes. The requirement for completion

11  of the continuing education requirements for biennial renewal

12  of the certificate shall not take effect until the beginning

13  of the next biennial renew period following the effective date

14  of this act.

15         Section 24.  Section 460.4166, Florida Statutes, 1998

16  Supplement, is amended to read:

17         460.4166  Registered chiropractic assistants.--

18         (1)  DEFINITION.--As used in this section, "registered

19  chiropractic assistant" means a professional, multiskilled

20  person dedicated to assisting in all aspects of chiropractic

21  medical practice under the direct supervision and

22  responsibility of a chiropractic physician or certified

23  chiropractic physician's assistant. A registered chiropractic

24  assistant assists with patient care management, executes

25  administrative and clinical procedures, and often performs

26  managerial and supervisory functions. Competence in the field

27  also requires that a registered chiropractic assistant adhere

28  to ethical and legal standards of professional practice,

29  recognize and respond to emergencies, and demonstrate

30  professional characteristics.

31

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  1         (2)  DUTIES.--Under the direct supervision and

  2  responsibility of a licensed chiropractic physician or

  3  certified chiropractic physician's assistant, a registered

  4  chiropractic assistant may:

  5         (a)  Perform clinical procedures, which include:

  6         1.  Preparing patients for the chiropractic physician's

  7  care.

  8         2.  Taking vital signs.

  9         3.  Observing and reporting patients' signs or

10  symptoms.

11         (b)  Administer basic first aid.

12         (c)  Assist with patient examinations or treatments

13  other than manipulations or adjustments.

14         (d)  Operate office equipment.

15         (e)  Collect routine laboratory specimens as directed

16  by the chiropractic physician or certified chiropractic

17  physician's assistant.

18         (f)  Administer nutritional supplements as directed by

19  the chiropractic physician or certified chiropractic

20  physician's assistant.

21         (g)  Perform office procedures required by the

22  chiropractic physician or certified chiropractic physician's

23  assistant under direct supervision of the chiropractic

24  physician or certified chiropractic physician's assistant, as

25  applicable.

26         (3)  REGISTRATION.--Registered chiropractic assistants

27  may be registered by the board for a biennial fee not to

28  exceed $25.

29         Section 25.  Subsection (4) and (6) of section 477.013,

30  Florida Statutes, 1998 Supplement, are amended, and

31  subsections (12) and (13) are added to said section, to read:

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  1         477.013  Definitions.--As used in this chapter:

  2         (4)  "Cosmetology" means the mechanical or chemical

  3  treatment of the head, face, and scalp for aesthetic rather

  4  than medical purposes, including, but not limited to, hair

  5  shampooing, hair cutting, hair arranging, hair coloring,

  6  permanent waving, hair relaxing, hair removing, pedicuring,

  7  and manicuring, for compensation. This term includes

  8  performing hair removal including wax treatments, manicures,

  9  pedicures, and skin care services, for compensation.

10         (6)  "Specialty" means the practice of one or more of

11  the following:

12         (a)  Manicuring, or the cutting, polishing, tinting,

13  coloring, cleansing, adding, or extending of the nails, and

14  massaging of the hands. This term includes any procedure or

15  process for the affixing of artificial nails, except those

16  nails which may be applied solely by use of a simple adhesive.

17         (b)  Pedicuring, or the shaping, polishing, tinting, or

18  cleansing of the nails of the feet, and massaging or

19  beautifying of the feet.

20         (c)  Facials, or the massaging or treating of the face

21  or scalp with oils, creams, lotions, or other preparations,

22  and skin care services.

23         (12)  "Body wrapping" means a treatment program which

24  uses herbal wraps for the purposes of weight loss and of

25  cleansing and beautifying the skin of the body, but does not

26  include:

27         (a)  The application of oils, lotions, or other fluids

28  to the body, except fluids contained in pre-soaked materials

29  used in the wraps; or

30

31

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  1         (b)  Manipulation of the body's superficial tissue

  2  other than that arising from compression emanating from the

  3  wrap materials.

  4         (13)  "Skin care services" means the treatment of the

  5  skin of the body, other than the head, face, and scalp, by the

  6  use of a sponge, brush, cloth, or similar device to apply or

  7  remove a chemical preparation or other substance, except that

  8  chemical peels may be removed by peeling an applied

  9  preparation from the skin by hand. Skin care services must be

10  performed by a licensed cosmetologist or facial specialist

11  within a licensed cosmetology or speciality salon, and such

12  services shall not involve massage, as defined in s.

13  480.033(3), through manipulation of the superficial tissue.

14         Section 26.  Section 477.0132, Florida Statutes, 1998

15  Supplement, is amended to read:

16         477.0132  Hair braiding, and hair wrapping, and body

17  wrapping registration.--

18         (1)(a)  Persons whose occupation or practice is

19  confined solely to hair braiding must register with the

20  department, pay the applicable registration fee, and take a

21  two-day 16-hour course. The course shall be board approved and

22  consist of 5 hours of HIV/AIDS and other communicable

23  diseases, 5 hours of sanitation and sterilization, 4 hours of

24  disorders and diseases of the scalp, and 2 hours of studies

25  regarding laws affecting hair braiding.

26         (b)  Persons whose occupation or practice is confined

27  solely to hair wrapping must register with the department, pay

28  the applicable registration fee, and take a one-day 6-hour

29  course. The course shall be board approved and consist of

30  education in HIV/AIDS and other communicable diseases,

31

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  1  sanitation and sterilization, disorders and diseases of the

  2  scalp, and studies regarding laws affecting hair wrapping.

  3         (c)  Unless otherwise licensed or exempted from

  4  licensure under this chapter, any person whose occupation or

  5  practice is body wrapping must register with the department,

  6  pay the applicable registration fee, and take a two-day

  7  12-hour course. The course shall be board approved and consist

  8  of education in HIV/AIDS and other communicable diseases,

  9  sanitation and sterilization, disorders and diseases of the

10  skin, and studies regarding laws affecting body wrapping.

11         (2)  Hair braiding, and hair wrapping, and body

12  wrapping are not required to be practiced in a cosmetology

13  salon or specialty salon. When hair braiding, or hair

14  wrapping, or body wrapping is practiced outside a cosmetology

15  salon or specialty salon, disposable implements must be used

16  or all implements must be sanitized in a disinfectant approved

17  for hospital use or approved by the federal Environmental

18  Protection Agency.

19         (3)  Pending issuance of registration, a person is

20  eligible to practice hair braiding, or hair wrapping, or body

21  wrapping upon submission of a registration application that

22  includes proof of successful completion of the education

23  requirements and payment of the applicable fees required by

24  this chapter.

25         Section 27.  Paragraph (c) of subsection (7) of section

26  477.019, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         477.019  Cosmetologists; qualifications; licensure;

29  supervised practice; license renewal; endorsement; continuing

30  education.--

31         (7)

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  1         (c)  Any person whose occupation or practice is

  2  confined solely to hair braiding, or hair wrapping, or body

  3  wrapping is exempt from the continuing education requirements

  4  of this subsection.

  5         Section 28.  Paragraph (f) of subsection (1) of section

  6  477.026, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         477.026  Fees; disposition.--

  9         (1)  The board shall set fees according to the

10  following schedule:

11         (f)  For hair braiders, and hair wrappers, and body

12  wrappers, fees for registration shall not exceed $25.

13         Section 29.  Paragraph (g) is added to subsection (1)

14  of section 477.0265, Florida Statutes, to read:

15         477.0265  Prohibited acts.--

16         (1)  It is unlawful for any person to:

17         (g)  Advertise or imply that skin care services or body

18  wrapping, as performed under this chapter, have any

19  relationship to the practice of massage therapy as defined in

20  s. 480.033(3), except those practices or activities defined in

21  s. 477.013.

22         Section 30.  Paragraph (a) of subsection (1) of section

23  477.029, Florida Statutes, 1998 Supplement, is amended to

24  read:

25         477.029  Penalty.--

26         (1)  It is unlawful for any person to:

27         (a)  Hold himself or herself out as a cosmetologist,

28  specialist, hair wrapper, or hair braider, or body wrapper

29  unless duly licensed or registered, or otherwise authorized,

30  as provided in this chapter.

31

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  1         Section 31.  Subsection (7) of section 490.003, Florida

  2  Statutes, is amended to read:

  3         490.003  Definitions.--As used in this chapter:

  4         (7)  "Psychologist" or "psychological physician" means

  5  a person licensed pursuant to s. 490.005(1), s. 490.006, or

  6  the provision identified as s. 490.013(2) in s. 1, chapter

  7  81-235, Laws of Florida.

  8         Section 32.  Paragraph (b) of subsection (1) of section

  9  490.005, Florida Statutes, 1998 Supplement, is amended to

10  read:

11         490.005  Licensure by examination.--

12         (1)  Any person desiring to be licensed as a

13  psychologist shall apply to the department to take the

14  licensure examination. The department shall license each

15  applicant who the board certifies has:

16         (b)  Submitted proof satisfactory to the board that the

17  applicant has:

18         1.  Received doctoral-level psychological education, as

19  defined in s. 490.003(3);

20         2.  Received the equivalent of a doctoral-level

21  psychological education, as defined in s. 490.003(3), from a

22  program at a school or university located outside the United

23  States of America and Canada, which was officially recognized

24  by the government of the country in which it is located as an

25  institution or program to train students to practice

26  professional psychology.  The burden of establishing that the

27  requirements of this provision have been met shall be upon the

28  applicant;

29         3.  Received and submitted to the board, prior to July

30  1, 1999, certification of an augmented doctoral-level

31  psychological education from the program director of a

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  1  doctoral-level psychology program accredited by a programmatic

  2  agency recognized and approved by the United States Department

  3  of Education; or

  4         4.  Received and submitted to the board, prior to

  5  August 31, 2001 July 1, 2001, certification of a

  6  doctoral-level program that at the time the applicant was

  7  enrolled and graduated maintained a standard of education and

  8  training comparable to the standard of training of programs

  9  accredited by a programmatic agency recognized and approved by

10  the United States Department of Education, as such

11  comparability was determined by the Board of Psychological

12  Examiners immediately prior to the amendment of s. 490.005,

13  Florida Statutes, 1994 Supplement, by s. 5, chapter 95-279,

14  Laws of Florida. Such certification of comparability shall be

15  provided by the program director of a doctoral-level

16  psychology program accredited by a programmatic agency

17  recognized and approved by the United States Department of

18  Education.

19         Section 33.  Subsection (1) of section 490.006, Florida

20  Statutes, is amended to read:

21         490.006  Licensure by endorsement.--

22         (1)  The department shall license a person as a

23  psychologist or school psychologist who, upon applying to the

24  department and remitting the appropriate fee, demonstrates to

25  the department or, in the case of psychologists, to the board

26  that the applicant:

27         (a)  Holds a valid license or certificate in another

28  state to practice psychology or school psychology, as

29  applicable, provided that, when the applicant secured such

30  license or certificate, the requirements were substantially

31  equivalent to or more stringent than those set forth in this

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  1  chapter at that time; and, if no Florida law existed at that

  2  time, then the requirements in the other state must have been

  3  substantially equivalent to or more stringent than those set

  4  forth in this chapter at the present time; or

  5         (b)  Is a diplomate in good standing with the American

  6  Board of Professional Psychology, Inc.; or

  7         (c)  Possesses a doctoral degree in psychology as

  8  described in s. 490.003 and has at least 20 years of

  9  experience as a licensed psychologist in any jurisdiction or

10  territory of the United States within 25 years preceding the

11  date of application.

12         Section 34.  Subsection (2) of section 490.0085,

13  Florida Statutes, is amended to read:

14         490.0085  Continuing education; approval of providers,

15  programs, and courses; proof of completion.--

16         (2)  The department or, in the case of psychologists,

17  the board has the authority to set a fee not to exceed $500

18  for each applicant who applies for or renews provider status.

19  Such fees shall be deposited into the Medical Quality

20  Assurance Health Care Trust Fund.

21         Section 35.  Subsection (6) is added to section

22  626.883, Florida Statutes, to read:

23         626.883  Administrator as intermediary; collections

24  held in fiduciary capacity; establishment of account;

25  disbursement; payments on behalf of insurer.--

26         (6)  All payments to a health care provider by a fiscal

27  intermediary must include an explanation of services being

28  reimbursed which includes, at a minimum, the patient's name,

29  the date of service, the provider code, the amount of

30  reimbursement for noncapitated providers, and the

31  identification of the plan on whose behalf the payment is

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  1  being made. For capitated providers, the statement of services

  2  must include the number of patients covered by the contract,

  3  the rate per patient, the total amount of the payment, and the

  4  identification of the plan on whose behalf the payment is

  5  being made.

  6         Section 36.  Paragraph (a) of subsection (2) of section

  7  641.316, Florida Statutes, 1998 Supplement, is amended to

  8  read:

  9         641.316  Fiscal intermediary services.--

10         (2)(a)  The term "fiduciary" or "fiscal intermediary

11  services" means reimbursements received or collected on behalf

12  of health care professionals for services rendered, patient

13  and provider accounting, financial reporting and auditing,

14  receipts and collections management, compensation and

15  reimbursement disbursement services, or other related

16  fiduciary services pursuant to health care professional

17  contracts with health maintenance organizations. All payments

18  to a health care provider by a fiscal intermediary must

19  include an explanation of services being reimbursed which

20  includes, at a minimum, the patient's name, the date of

21  service, the provider code, the amount of reimbursement for

22  noncapitated providers, and the identification of the plan on

23  whose behalf the payment is being made. For capitated

24  providers, the statement of services must include the number

25  of patients covered by the contract, the rate per patient, the

26  total amount of the payment, and the identification of the

27  plan on whose behalf the payment is being made.

28         Section 37.  This act shall take effect July 1, 1999.

29

30

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