Senate Bill 2432c1
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Florida Senate - 1999 CS for SB 2432
By the Committee on Health, Aging and Long-Term Care; and
Senator Silver
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1 A bill to be entitled
2 An act relating to regulation of health care
3 practitioners; amending s. 232.435, F.S.;
4 correcting a reference; amending s. 381.026,
5 F.S.; providing a definition; amending s.
6 381.0261, F.S.; providing that the Department
7 of Health or a regulatory board, rather than
8 the Agency for Health Care Administration, may
9 impose an administrative fine against any
10 health care provider who fails to make
11 available to patients a summary of their rights
12 as required by law; amending s. 455.501, F.S.;
13 redefining the terms "health care practitioner"
14 and "licensee"; amending s. 455.507, F.S.;
15 revising provisions relating to good standing
16 of members of the Armed Forces with
17 administrative boards to provide applicability
18 to the department when there is no board;
19 providing gender neutral language; amending s.
20 455.521, F.S.; providing powers and duties of
21 the department for the professions, rather than
22 boards, under its jurisdiction; amending s.
23 455.557, F.S.; redefining the term "health care
24 practitioner" for purposes of standardized
25 credentializing; amending s. 455.564, F.S.;
26 prescribing the expiration date of an
27 incomplete license application; revising the
28 form and style of licenses; providing authority
29 to the department when there is no board to
30 adopt rules; revising and providing
31 requirements relating to obtaining continuing
1
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1 education credit in risk management; correcting
2 a reference; amending s. 455.565, F.S.;
3 providing exceptions to certain application
4 requirements; revising information required for
5 licensure of designated health care
6 professionals; revising requirements for
7 submitting fingerprints to the department for
8 renewal of licensure; amending s. 455.5651,
9 F.S.; prohibiting inclusion of certain
10 information in practitioner profiles; amending
11 s. 455.567, F.S.; defining sexual misconduct
12 and prohibiting it in the practice of a health
13 care profession; providing penalties; amending
14 s. 455.574, F.S.; revising provisions relating
15 to review of an examination after failure to
16 pass it; amending s. 455.587, F.S.; providing
17 authority to the department when there is no
18 board to determine by rule the amount of
19 license fees for the profession regulated;
20 providing for a fee for issuance of a wall
21 certificate to certain licensees or for a
22 duplicate wall certificate; amending s.
23 455.604, F.S.; requiring instruction on human
24 immunodeficiency virus and acquired immune
25 deficiency syndrome as a condition of licensure
26 and relicensure to practice dietetics and
27 nutrition or nutrition counseling; amending s.
28 455.607, F.S.; correcting a reference; amending
29 s. 455.624, F.S.; revising and providing
30 grounds for discipline; providing penalties;
31 providing for assessment of certain costs;
2
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1 amending s. 455.664, F.S.; requiring additional
2 health care practitioners to include a certain
3 statement in advertisements for free or
4 discounted services; correcting terminology;
5 amending s. 455.667, F.S.; authorizing the
6 department to obtain patient records, billing
7 records, insurance information, provider
8 contracts, and all attachments thereto under
9 certain circumstances for purposes of
10 disciplinary proceedings; revising requirements
11 for the release of patient records; amending s.
12 455.687, F.S.; providing for the suspension or
13 restriction of the license of any health care
14 practitioner who tests positive for drugs under
15 certain circumstances; amending s. 455.694,
16 F.S.; providing financial responsibility
17 requirements for midwives; creating s. 455.712,
18 F.S.; providing requirements for active status
19 licensure of certain business establishments;
20 amending s. 457.102, F.S.; defining the term
21 "prescriptive rights" with respect to
22 acupuncture; amending s. 458.307, F.S.;
23 correcting terminology and a reference;
24 removing an obsolete date; amending s. 458.309,
25 F.S.; providing rulemaking authority of Board
26 of Medicine; amending s. 458.311, F.S.;
27 revising provisions relating to licensure as a
28 physician by examination; eliminating an
29 obsolete provision relating to licensure of
30 medical students from Nicaragua and another
31 provision relating to taking the examination
3
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1 without applying for a license; amending s.
2 458.3115, F.S.; updating terminology; amending
3 s. 458.313, F.S.; revising provisions relating
4 to licensure by endorsement; repealing
5 provisions relating to reactivation of certain
6 licenses issued by endorsement; amending s.
7 458.315, F.S.; providing additional
8 requirements for recipients of a temporary
9 certificate for practice in areas of critical
10 need; amending s. 458.3165, F.S.; prescribing
11 authorized employment for holders of public
12 psychiatry certificates; correcting a
13 reference; amending s. 458.317, F.S.; providing
14 for conversion of an active license to a
15 limited license for a specified purpose;
16 amending s. 458.319, F.S.; revising
17 requirements for submitting fingerprints to the
18 department for renewal of licensure as a
19 physician; amending s. 458.331, F.S.; deleting
20 certain rulemaking authority; providing grounds
21 for discipline; providing penalties; amending
22 s. 458.347, F.S.; revising provisions relating
23 to temporary licensure as a physician
24 assistant; amending s. 459.005, F.S.; providing
25 rulemaking authority of the Board of
26 Osteopathic Medicine; amending s. 459.0075,
27 F.S.; providing for conversion of an active
28 license to a limited license for a specified
29 purpose; amending s. 459.008, F.S.; revising
30 requirements for submitting fingerprints to the
31 department for renewal of licensure as an
4
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1 osteopathic physician; amending s. 459.015,
2 F.S.; deleting certain rulemaking authority;
3 revising and providing grounds for discipline;
4 providing penalties; amending s. 460.402, F.S.;
5 providing an exemption from regulation under
6 ch. 460, F.S., relating to chiropractic, for
7 certain students; amending s. 460.403, F.S.;
8 defining the term "community-based internship"
9 for purposes of ch. 460, F.S.; redefining the
10 terms "direct supervision" and "registered
11 chiropractic assistant"; amending s. 460.406,
12 F.S.; revising requirements for licensure as a
13 chiropractic physician by examination to remove
14 a provision relating to a training program;
15 amending s. 460.407, F.S.; revising
16 requirements for submitting fingerprints to the
17 department for renewal of licensure as a
18 chiropractic physician; amending s. 460.413,
19 F.S.; increasing the administrative fine;
20 conforming cross-references; amending s.
21 460.4165, F.S.; revising requirements for
22 certification of chiropractic physician's
23 assistants; providing for supervision of
24 registered chiropractic physician's assistants;
25 providing for biennial renewal; providing fees;
26 providing applicability to current
27 certificateholders; amending s. 460.4166, F.S.;
28 authorizing registered chiropractic assistants
29 to be under the direct supervision of a
30 certified chiropractic physician's assistant;
31 amending s. 461.003, F.S.; defining the term
5
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1 "certified podiatric X-ray assistant" and the
2 term "direct supervision" with respect thereto;
3 redefining the term "practice of podiatric
4 medicine"; amending s. 461.006, F.S.; revising
5 the residency requirement to practice podiatric
6 medicine; amending s. 461.007, F.S.; revising
7 requirements for renewal of license to practice
8 podiatric medicine; revising requirements for
9 submitting fingerprints to the department for
10 renewal of licensure; amending s. 461.013,
11 F.S.; revising and providing grounds for
12 discipline; providing penalties; creating s.
13 461.0135, F.S.; providing requirements for
14 operation of X-ray machines by certified
15 podiatric X-ray assistants; amending s.
16 464.008, F.S.; providing for remediation upon
17 failure to pass the examination to practice
18 nursing a specified number of times; amending
19 s. 464.022, F.S.; providing an exemption from
20 regulation relating to remedial courses;
21 amending s. 465.003, F.S.; defining the term
22 "data communication device"; amending s.
23 465.016, F.S.; authorizing the redispensing of
24 unused or returned unit-dose medication by
25 correctional facilities under certain
26 conditions; providing a ground for which a
27 pharmacist may be subject to discipline by the
28 Board of Pharmacy; increasing the
29 administrative fine; amending ss. 465.014,
30 465.015, 465.0196, 468.812, 499.003, F.S.;
31 correcting cross-references, to conform;
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1 creating the Task Force for the Study of
2 Collaborative Drug Therapy Management;
3 providing for staff support from the
4 department; providing for participation by
5 specified associations and entities; providing
6 responsibilities; requiring a report to the
7 Legislature; amending s. 466.021, F.S.;
8 revising requirements relating to dental work
9 orders required of unlicensed persons; amending
10 s. 468.1155, F.S.; revising requirements for
11 provisional licensure to practice
12 speech-language pathology or audiology;
13 amending s. 468.1215, F.S.; revising
14 requirements for certification as a
15 speech-language pathologist or audiologist
16 assistant; amending s. 468.307, F.S.;
17 authorizing the issuance of subcategory
18 certificates in the field of radiologic
19 technology; amending s. 468.506, F.S.;
20 correcting references; amending s. 468.701,
21 F.S.; revising and removing definitions;
22 amending s. 468.703, F.S.; replacing the
23 Council of Athletic Training with a Board of
24 Athletic Training; providing for appointment of
25 board members and their successors; providing
26 for staggering of terms; providing for
27 applicability of other provisions of law
28 relating to activities of regulatory boards;
29 providing for the board's headquarters;
30 amending ss. 468.705, 468.707, 468.709,
31 468.711, 468.719, 468.721, F.S., relating to
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1 rulemaking authority, licensure by examination,
2 fees, continuing education, disciplinary
3 actions, and certain regulatory transition;
4 transferring to the board certain duties of the
5 department relating to regulation of athletic
6 trainers; amending s. 20.43, F.S.; placing the
7 board under the Division of Medical Quality
8 Assurance of the department; providing for
9 termination of the council and the terms of
10 council members; authorizing consideration of
11 former council members for appointment to the
12 board; amending s. 468.805, F.S.; revising
13 grandfathering provisions for the practice of
14 orthotics, prosthetics, or pedorthics; amending
15 s. 468.806, F.S.; providing for approval of
16 continuing education providers; amending s.
17 478.42, F.S.; redefining the term "electrolysis
18 or electrology"; amending s. 483.807, F.S.;
19 revising provisions relating to fees for
20 approval as a laboratory training program;
21 amending s. 483.809, F.S.; revising
22 requirements relating to examination of
23 clinical laboratory personnel for licensure and
24 to registration of clinical laboratory
25 trainees; amending s. 483.812, F.S.; revising
26 qualification requirements for licensure of
27 public health laboratory scientists; amending
28 s. 483.813, F.S.; eliminating a provision
29 authorizing conditional licensure of clinical
30 laboratory personnel for a specified period;
31 amending s. 483.821, F.S.; authorizing
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1 continuing education or retraining for
2 candidates who fail an examination a specified
3 number of times; amending s. 483.824, F.S.;
4 revising qualifications of clinical laboratory
5 directors; amending s. 483.825, F.S.; revising
6 and providing grounds for discipline; providing
7 penalties; amending s. 483.901, F.S.;
8 correcting a reference; eliminating a provision
9 authorizing temporary licensure as a medical
10 physicist; correcting the name of a trust fund;
11 amending s. 484.007, F.S.; revising
12 requirements for opticians who supervise
13 apprentices; amending s. 484.0512, F.S.;
14 requiring sellers of hearing aids to refund
15 within a specified period all moneys required
16 to be refunded under trial-period provisions;
17 amending s. 484.053, F.S.; increasing the
18 penalty applicable to prohibited acts relating
19 to the dispensing of hearing aids; amending s.
20 484.056, F.S.; providing that violation of
21 trial-period requirements is a ground for
22 disciplinary action; providing penalties;
23 amending ss. 486.041, 486.081, 486.103, and
24 486.107, F.S.; eliminating provisions
25 authorizing issuance of a temporary permit to
26 work as a physical therapist or physical
27 therapist assistant; amending s. 490.005, F.S.;
28 revising educational requirements for licensure
29 as a psychologist by examination; changing a
30 date, to defer certain educational
31 requirements; amending s. 490.006, F.S.;
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1 providing additional requirements for licensure
2 as a psychologist by endorsement; amending s.
3 490.0085, F.S.; correcting the name of a trust
4 fund; amending s. 490.0148, F.S.; authorizing
5 release of a patient's psychological record to
6 certain persons pursuant to workers'
7 compensation provisions; amending s. 491.0045,
8 F.S.; revising requirements for registration as
9 a clinical social worker intern, marriage and
10 family therapist intern, or mental health
11 counselor intern; amending s. 491.0046, F.S.;
12 revising requirements for provisional licensure
13 of clinical social workers, marriage and family
14 therapists, and mental health counselors;
15 amending s. 491.005, F.S.; revising
16 requirements for licensure of clinical social
17 workers, marriage and family therapists, and
18 mental health counselors; providing for
19 certification of education of interns;
20 providing rulemaking authority to implement
21 education and experience requirements for
22 licensure as a clinical social worker, marriage
23 and family therapist, or mental health
24 counselor; revising future licensure
25 requirements for mental health counselors and
26 providing rulemaking authority for
27 implementation thereof; amending s. 491.006,
28 F.S.; revising requirements for licensure or
29 certification by endorsement; amending s.
30 491.0085, F.S.; requiring laws and rules
31 courses and providing for approval thereof,
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1 including providers and programs; correcting
2 the name of a trust fund; amending s. 491.014,
3 F.S.; revising an exemption from regulation
4 relating to certain temporally limited
5 services; amending s. 499.012, F.S.; redefining
6 the term "wholesale distribution," relating to
7 the distribution of prescription drugs, to
8 provide for the exclusion of certain
9 activities; amending ss. 626.883, 641.316,
10 F.S.; requiring payments to a health care
11 provider by a fiscal intermediary to include an
12 explanation of services provided; creating a
13 Task Force on Telehealth; providing its duties;
14 requiring a report; amending s. 468.352, F.S.;
15 redefining the term "board"; amending s.
16 468.353, F.S.; conforming provisions; providing
17 for the adoption of rules; amending s. 468.354,
18 F.S.; creating the Board of Respiratory Care;
19 providing for membership, powers, and duties;
20 amending s. 468.355, F.S.; providing for
21 periodic rather than annual review of certain
22 examinations and standards; amending s.
23 458.357, F.S.; conforming provisions; deleting
24 obsolete provisions; amending s. 468.364, F.S.;
25 deleting an examination fee; amending s.
26 468.365, F.S.; conforming provisions; amending
27 s. 400.462, F.S.; defining the term "home
28 health aide" and redefining the term "nurse
29 registry" amending s. 400.506, F.S.;
30 authorizing nurse registries to refer home
31 health aids for contract; conforming
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1 provisions; deleting a dual-registration
2 requirement; amending s. 464.016, F.S.;
3 providing that the use of the title "nurse"
4 without being licensed or certified is a crime;
5 amending s. 458.3115, F.S.; revising
6 requirements with respect to eligibility of
7 certain foreign-licensed physicians to take and
8 pass standardized examinations; amending s.
9 458.3124, F.S.; changing the date by which
10 application for a restricted license must be
11 submitted; amending s. 301, ch. 98-166, Laws of
12 Florida; prescribing fees for foreign-licensed
13 physicians taking a certain examination;
14 amending s. 455.601, F.S.; providing that
15 certain licensees and employees of health care
16 facilities who contract blood-borne infections
17 have a rebuttable presumption that the illness
18 was contracted in the course of employment
19 under certain circumstances; creating part XV
20 of chapter 468, F.S.; providing definitions;
21 requiring that the Department of Health
22 maintain a state registry of certified nursing
23 assistants; authorizing the department to
24 contract for examination services; providing
25 requirements for obtaining certification as a
26 certified nursing assistant; requiring that the
27 department adopt rules governing initial
28 certification; specifying grounds for which the
29 department may deny, suspend, or revoke a
30 person's certification; authorizing the
31 department to exempt an applicant or
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1 certificateholder from disqualification of
2 certification; providing requirements for
3 records and meetings held for disciplinary
4 actions; exempting an employer from liability
5 for terminating a certified nursing assistant
6 under certain circumstances; providing
7 penalties; providing for background screening;
8 providing rulemaking authority; requiring
9 persons who employ certified nursing assistants
10 to make certain reports to the Department of
11 Health; requiring that the department update
12 the certified nursing assistant registry;
13 providing for future repeal of such provisions;
14 amending s. 400.211, F.S.; deleting obsolete
15 provisions with respect to the regulation of
16 certified nursing assistants; amending s.
17 490.003, F.S.; revising the definition of
18 psychologist; amending s. 455.691, F.S.;
19 providing a civil cause of action for treble
20 damages, attorney's fees, and costs for
21 disclosure of confidential information;
22 amending s. 465.017, F.S.; prescribing
23 additional persons entitled to inspect records
24 of pharmacies; providing effective dates.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (b) of subsection (3) of section
29 232.435, Florida Statutes, is amended to read:
30 232.435 Extracurricular athletic activities; athletic
31 trainers.--
13
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1 (3)
2 (b) If a school district uses the services of an
3 athletic trainer who is not a teacher athletic trainer or a
4 teacher apprentice trainer within the requirements of this
5 section, such athletic trainer must be licensed as required by
6 part XIII XIV of chapter 468.
7 Section 2. Subsection (2) of section 381.026, Florida
8 Statutes, 1998 Supplement, is amended to read:
9 381.026 Florida Patient's Bill of Rights and
10 Responsibilities.--
11 (2) DEFINITIONS.--As used in this section and s.
12 381.0261, the term:
13 (a) "Department" means the Department of Health.
14 (b)(a) "Health care facility" means a facility
15 licensed under chapter 395.
16 (c)(b) "Health care provider" means a physician
17 licensed under chapter 458, an osteopathic physician licensed
18 under chapter 459, or a podiatric physician licensed under
19 chapter 461.
20 (d)(c) "Responsible provider" means a health care
21 provider who is primarily responsible for patient care in a
22 health care facility or provider's office.
23 Section 3. Subsection (4) of section 381.0261, Florida
24 Statutes, 1998 Supplement, is amended to read:
25 381.0261 Summary of patient's bill of rights;
26 distribution; penalty.--
27 (4)(a) An administrative fine may be imposed by the
28 Agency for Health Care Administration when any health care
29 provider or health care facility fails to make available to
30 patients a summary of their rights, pursuant to s. 381.026 and
31 this section. Initial nonwillful violations shall be subject
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1 to corrective action and shall not be subject to an
2 administrative fine. The Agency for Health Care Administration
3 may levy a fine against a health care facility of up to $5,000
4 for nonwillful violations, and up to $25,000 for intentional
5 and willful violations. Each intentional and willful violation
6 constitutes a separate violation and is subject to a separate
7 fine.
8 (b) An administrative fine may be imposed by the
9 appropriate regulatory board, or the department if there is no
10 board, when any health care provider fails to make available
11 to patients a summary of their rights, pursuant to s. 381.026
12 and this section. Initial nonwillful violations shall be
13 subject to corrective action and shall not be subject to an
14 administrative fine. The appropriate regulatory board or
15 department agency may levy a fine against a health care
16 provider of up to $100 for nonwillful violations and up to
17 $500 for willful violations. Each intentional and willful
18 violation constitutes a separate violation and is subject to a
19 separate fine.
20 Section 4. Subsections (4) and (6) of section 455.501,
21 Florida Statutes, are amended to read:
22 455.501 Definitions.--As used in this part, the term:
23 (4) "Health care practitioner" means any person
24 licensed under s. 400.211; chapter 457; chapter 458; chapter
25 459; chapter 460; chapter 461; chapter 462; chapter 463;
26 chapter 464; chapter 465; chapter 466; chapter 467; part I,
27 part II, part III, part V, or part X, part XIII, or part XIV
28 of chapter 468; chapter 478; chapter 480; part III or part IV
29 of chapter 483; chapter 484; chapter 486; chapter 490; or
30 chapter 491.
31
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1 (6) "Licensee" means any person or entity issued a
2 permit, registration, certificate, or license by the
3 department.
4 Section 5. Section 455.507, Florida Statutes, is
5 amended to read:
6 455.507 Members of Armed Forces in good standing with
7 administrative boards or department.--
8 (1) Any member of the Armed Forces of the United
9 States now or hereafter on active duty who, at the time of his
10 becoming such a member, was in good standing with any
11 administrative board of the state, or the department when
12 there is no board, and was entitled to practice or engage in
13 his or her profession or vocation in the state shall be kept
14 in good standing by such administrative board, or the
15 department when there is no board, without registering, paying
16 dues or fees, or performing any other act on his or her part
17 to be performed, as long as he or she is a member of the Armed
18 Forces of the United States on active duty and for a period of
19 6 months after his discharge from active duty as a member of
20 the Armed Forces of the United States, provided he or she is
21 not engaged in his or her licensed profession or vocation in
22 the private sector for profit.
23 (2) The boards listed in s. ss. 20.165 and 20.43, or
24 the department when there is no board, shall adopt rules
25 exempting the spouses of members of the Armed Forces of the
26 United States from licensure renewal provisions, but only in
27 cases of absence from the state because of their spouses'
28 duties with the Armed Forces.
29 Section 6. Section 455.521, Florida Statutes, 1998
30 Supplement, is amended to read:
31
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1 455.521 Department; powers and duties.--The
2 department, for the professions boards under its jurisdiction,
3 shall:
4 (1) Adopt rules establishing a procedure for the
5 biennial renewal of licenses; however, the department may
6 issue up to a 4-year license to selected licensees
7 notwithstanding any other provisions of law to the contrary.
8 Fees for such renewal shall not exceed the fee caps for
9 individual professions on an annualized basis as authorized by
10 law.
11 (2) Appoint the executive director of each board,
12 subject to the approval of the board.
13 (3) Submit an annual budget to the Legislature at a
14 time and in the manner provided by law.
15 (4) Develop a training program for persons newly
16 appointed to membership on any board. The program shall
17 familiarize such persons with the substantive and procedural
18 laws and rules and fiscal information relating to the
19 regulation of the appropriate profession and with the
20 structure of the department.
21 (5) Adopt rules pursuant to ss. 120.536(1) and 120.54
22 to implement the provisions of this part.
23 (6) Establish by rules procedures by which the
24 department shall use the expert or technical advice of the
25 appropriate board for the purposes of investigation,
26 inspection, evaluation of applications, other duties of the
27 department, or any other areas the department may deem
28 appropriate.
29 (7) Require all proceedings of any board or panel
30 thereof and all formal or informal proceedings conducted by
31 the department, an administrative law judge, or a hearing
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1 officer with respect to licensing or discipline to be
2 electronically recorded in a manner sufficient to assure the
3 accurate transcription of all matters so recorded.
4 (8) Select only those investigators, or consultants
5 who undertake investigations, who meet criteria established
6 with the advice of the respective boards.
7 (9) Allow applicants for new or renewal licenses and
8 current licensees to be screened by the Title IV-D child
9 support agency pursuant to s. 409.2598 to assure compliance
10 with a support obligation. The purpose of this subsection is
11 to promote the public policy of this state as established in
12 s. 409.2551. The department shall, when directed by the court,
13 suspend or deny the license of any licensee found to have a
14 delinquent support obligation. The department shall issue or
15 reinstate the license without additional charge to the
16 licensee when notified by the court that the licensee has
17 complied with the terms of the court order. The department
18 shall not be held liable for any license denial or suspension
19 resulting from the discharge of its duties under this
20 subsection.
21 Section 7. Paragraph (k) of subsection (2) of section
22 455.557, Florida Statutes, 1998 Supplement, is amended to
23 read:
24 455.557 Standardized credentialing for health care
25 practitioners.--
26 (2) DEFINITIONS.--As used in this section, the term:
27 (k) "Health care practitioner" means any person
28 licensed, or, for credentialing purposes only, any person
29 applying for licensure, under chapter 458, chapter 459,
30 chapter 460, or chapter 461 or any person licensed under a
31 chapter subsequently made subject to this section by the
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1 department with the approval of the applicable board, except a
2 person registered or applying for registration pursuant to s.
3 458.345 or s. 459.021.
4 Section 8. Subsections (1), (2), (6), (7), (8), and
5 (9) of section 455.564, Florida Statutes, 1998 Supplement, are
6 amended to read:
7 455.564 Department; general licensing provisions.--
8 (1) Any person desiring to be licensed in a profession
9 within the jurisdiction of the department shall apply to the
10 department in writing to take the licensure examination. The
11 application shall be made on a form prepared and furnished by
12 the department and shall require the social security number of
13 the applicant. The form shall be supplemented as needed to
14 reflect any material change in any circumstance or condition
15 stated in the application which takes place between the
16 initial filing of the application and the final grant or
17 denial of the license and which might affect the decision of
18 the department. An incomplete application shall expire 1 year
19 after initial filing. In order to further the economic
20 development goals of the state, and notwithstanding any law to
21 the contrary, the department may enter into an agreement with
22 the county tax collector for the purpose of appointing the
23 county tax collector as the department's agent to accept
24 applications for licenses and applications for renewals of
25 licenses. The agreement must specify the time within which the
26 tax collector must forward any applications and accompanying
27 application fees to the department.
28 (2) Before the issuance of any license, the department
29 may charge an initial license fee as determined by rule of the
30 applicable board or, if no such board exists, by rule of the
31 department. Upon receipt of the appropriate license fee, the
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1 department shall issue a license to any person certified by
2 the appropriate board, or its designee, as having met the
3 licensure requirements imposed by law or rule. The license
4 licensee shall consist of be issued a wallet-size
5 identification card and a wall card measuring 6 1/2 inches by
6 5 inches. In addition to the two-part license, the department,
7 at the time of initial licensure, shall issue a wall
8 certificate suitable for conspicuous display, which shall be
9 no smaller than 8 1/2 inches by 14 inches. The licensee shall
10 surrender to the department the wallet-size identification
11 card, the wall card, and the wall certificate, if one has been
12 issued by the department, if the licensee's license is
13 suspended or revoked. The department shall promptly return the
14 wallet-size identification card and the wall certificate to
15 the licensee upon reinstatement of a suspended or revoked
16 license.
17 (6) As a condition of renewal of a license, the Board
18 of Medicine, the Board of Osteopathic Medicine, the Board of
19 Chiropractic Medicine, and the Board of Podiatric Medicine
20 shall each require licensees which they respectively regulate
21 to periodically demonstrate their professional competency by
22 completing at least 40 hours of continuing education every 2
23 years, which may include up to 1 hour of risk management or
24 cost containment and up to 2 hours of other topics related to
25 the applicable medical specialty, if required by board rule.
26 The boards may require by rule that up to 1 hour of the
27 required 40 or more hours be in the area of risk management or
28 cost containment. This provision may not be construed to limit
29 the number of hours that a licensee may obtain in risk
30 management or cost containment to be credited toward
31 satisfying the 40 or more required hours. This provision may
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1 not be construed to require the boards to impose any
2 requirement on licensees except for the completion of at least
3 40 hours of continuing education every 2 years. Each of such
4 boards shall determine whether any specific continuing
5 education course requirements not otherwise mandated by law
6 shall be mandated and shall approve criteria for, and the
7 content of, any continuing education course mandated by such
8 board. Notwithstanding any other provision of law, the board,
9 or the department when there is no board, may approve by rule
10 alternative methods of obtaining continuing education credits
11 in risk management. The alternative methods may include
12 attending a board meeting at which another a licensee is
13 disciplined, serving as a volunteer expert witness for the
14 department in a disciplinary case, or serving as a member of a
15 probable cause panel following the expiration of a board
16 member's term. Other boards within the Division of Medical
17 Quality Assurance, or the department if there is no board, may
18 adopt rules granting continuing education hours in risk
19 management for attending a board meeting at which another
20 licensee is disciplined, serving as a volunteer expert witness
21 for the department in a disciplinary case, or serving as a
22 member of a probable cause panel following the expiration of a
23 board member's term.
24 (7) The respective boards within the jurisdiction of
25 the department, or the department when there is no board, may
26 adopt rules to provide for the use of approved videocassette
27 courses, not to exceed 5 hours per subject, to fulfill the
28 continuing education requirements of the professions they
29 regulate. Such rules shall provide for prior board approval of
30 the board, or the department when there is no board, of the
31 criteria for and content of such courses and shall provide for
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1 a videocassette course validation form to be signed by the
2 vendor and the licensee and submitted to the department, along
3 with the license renewal application, for continuing education
4 credit.
5 (8) Any board that currently requires continuing
6 education for renewal of a license, or the department if there
7 is no board, shall adopt rules to establish the criteria for
8 continuing education courses. The rules may provide that up
9 to a maximum of 25 percent of the required continuing
10 education hours can be fulfilled by the performance of pro
11 bono services to the indigent or to underserved populations or
12 in areas of critical need within the state where the licensee
13 practices. The board, or the department if there is no board,
14 must require that any pro bono services be approved in advance
15 in order to receive credit for continuing education under this
16 subsection. The standard for determining indigency shall be
17 that recognized by the Federal Poverty Income Guidelines
18 produced by the United States Department of Health and Human
19 Services. The rules may provide for approval by the board, or
20 the department if there is no board, that a part of the
21 continuing education hours can be fulfilled by performing
22 research in critical need areas or for training leading to
23 advanced professional certification. The board, or the
24 department if there is no board, may make rules to define
25 underserved and critical need areas. The department shall
26 adopt rules for administering continuing education
27 requirements adopted by the boards or the department if there
28 is no board.
29 (9) Notwithstanding any law to the contrary, an
30 elected official who is licensed under a practice act
31 administered by the Division of Medical Health Quality
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1 Assurance may hold employment for compensation with any public
2 agency concurrent with such public service. Such dual service
3 must be disclosed according to any disclosure required by
4 applicable law.
5 Section 9. Subsections (1) and (4) of section 455.565,
6 Florida Statutes, 1998 Supplement, are amended to read:
7 455.565 Designated health care professionals;
8 information required for licensure.--
9 (1) Each person who applies for initial licensure as a
10 physician under chapter 458, chapter 459, chapter 460, or
11 chapter 461, except a person applying for registration
12 pursuant to s. 458.345 or s. 459.021, must, at the time of
13 application, and each physician who applies for license
14 renewal under chapter 458, chapter 459, chapter 460, or
15 chapter 461, except a person registered pursuant to s. 458.345
16 or s. 459.021, must, in conjunction with the renewal of such
17 license and under procedures adopted by the Department of
18 Health, and in addition to any other information that may be
19 required from the applicant, furnish the following information
20 to the Department of Health:
21 (a)1. The name of each medical school that the
22 applicant has attended, with the dates of attendance and the
23 date of graduation, and a description of all graduate medical
24 education completed by the applicant, excluding any coursework
25 taken to satisfy medical licensure continuing education
26 requirements.
27 2. The name of each hospital at which the applicant
28 has privileges.
29 3. The address at which the applicant will primarily
30 conduct his or her practice.
31
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1 4. Any certification that the applicant has received
2 from a specialty board that is recognized by the board to
3 which the applicant is applying.
4 5. The year that the applicant began practicing
5 medicine in any jurisdiction.
6 6. Any appointment to the faculty of a medical school
7 which the applicant currently holds and an indication as to
8 whether the applicant has had the responsibility for graduate
9 medical education within the most recent 10 years.
10 7. A description of any criminal offense of which the
11 applicant has been found guilty, regardless of whether
12 adjudication of guilt was withheld, or to which the applicant
13 has pled guilty or nolo contendere. A criminal offense
14 committed in another jurisdiction which would have been a
15 felony or misdemeanor if committed in this state must be
16 reported. If the applicant indicates that a criminal offense
17 is under appeal and submits a copy of the notice for appeal of
18 that criminal offense, the department must state that the
19 criminal offense is under appeal if the criminal offense is
20 reported in the applicant's profile. If the applicant
21 indicates to the department that a criminal offense is under
22 appeal, the applicant must, upon disposition of the appeal,
23 submit to the department a copy of the final written order of
24 disposition.
25 8. A description of any final disciplinary action
26 taken within the previous 10 years against the applicant by
27 the agency regulating the profession that the applicant is or
28 has been licensed to practice, whether in this state or in any
29 other jurisdiction, by a specialty board that is recognized by
30 the American Board of Medical Specialities, the American
31 Osteopathic Association, or a similar national organization,
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1 or by a licensed hospital, health maintenance organization,
2 prepaid health clinic, ambulatory surgical center, or nursing
3 home. Disciplinary action includes resignation from or
4 nonrenewal of medical staff membership or the restriction of
5 privileges at a licensed hospital, health maintenance
6 organization, prepaid health clinic, ambulatory surgical
7 center, or nursing home taken in lieu of or in settlement of a
8 pending disciplinary case related to competence or character.
9 If the applicant indicates that the disciplinary action is
10 under appeal and submits a copy of the document initiating an
11 appeal of the disciplinary action, the department must state
12 that the disciplinary action is under appeal if the
13 disciplinary action is reported in the applicant's profile.
14 (b) In addition to the information required under
15 paragraph (a), each applicant who seeks licensure under
16 chapter 458, chapter 459, or chapter 461, and who has
17 practiced previously in this state or in another jurisdiction
18 or a foreign country must provide the information required of
19 licensees under those chapters pursuant to s. 455.697. An
20 applicant for licensure under chapter 460 who has practiced
21 previously in this state or in another jurisdiction or a
22 foreign country must provide the same information as is
23 required of licensees under chapter 458, pursuant to s.
24 455.697.
25 (4)(a) An applicant for initial licensure must submit
26 a set of fingerprints to the Department of Health in
27 accordance with s. 458.311, s. 458.3115, s. 458.3124, s.
28 458.313, s. 459.0055, s. 460.406, or s. 461.006.
29 (b) An applicant for renewed licensure who received an
30 initial license in this state after January 1, 1992, must
31 submit a set of fingerprints for the initial renewal of his or
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1 her license after January 1, 2000, to the agency regulating
2 that profession in accordance with procedures established
3 under s. 458.319, s. 459.008, s. 460.407, or s. 461.007.
4 (c) The Department of Health shall submit the
5 fingerprints provided by an applicant for initial licensure to
6 the Florida Department of Law Enforcement for a statewide
7 criminal history check, and the Florida Department of Law
8 Enforcement shall forward the fingerprints to the Federal
9 Bureau of Investigation for a national criminal history check
10 of the applicant. The department shall submit the fingerprints
11 provided by an applicant for a renewed license who received an
12 initial license in this state after January 1, 1992, to the
13 Florida Department of Law Enforcement for a statewide criminal
14 history check, and the Florida Department of Law Enforcement
15 shall forward the fingerprints to the Federal Bureau of
16 Investigation for a national criminal history check for the
17 initial renewal of the applicant's license after January 1,
18 2000.; For any subsequent renewal of the applicant's license
19 and of any applicant who received an initial license in this
20 state on or before January 1, 1992, the department shall
21 submit the required information for a statewide criminal
22 history check of the applicant.
23 Section 10. Present subsections (5), (6), and (7) of
24 section 455.5651, Florida Statutes, 1998 Supplement, are
25 renumbered as subsections (6), (7), and (8), respectively, and
26 a new subsection (5) is added to that section, to read:
27 455.5651 Practitioner profile; creation.--
28 (5) The Department of Health may not include
29 disciplinary action taken by a licensed hospital or an
30 ambulatory surgical center in the practitioner profile.
31
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1 Section 11. Section 455.567, Florida Statutes, is
2 amended to read:
3 455.567 Sexual misconduct; disqualification for
4 license, certificate, or registration.--
5 (1) Sexual misconduct in the practice of a health care
6 profession means violation of the professional relationship
7 through which the health care practitioner uses such
8 relationship to engage or attempt to engage the patient or
9 client, or an immediate family member of the patient or client
10 in, or to induce or attempt to induce such person to engage
11 in, verbal or physical sexual activity outside the scope of
12 the professional practice of such health care profession.
13 Sexual misconduct in the practice of a health care profession
14 is prohibited.
15 (2) Each board within the jurisdiction of the
16 department, or the department if there is no board, shall
17 refuse to admit a candidate to any examination and refuse to
18 issue a license, certificate, or registration to any applicant
19 if the candidate or applicant has:
20 (a)(1) Had any license, certificate, or registration
21 to practice any profession or occupation revoked or
22 surrendered based on a violation of sexual misconduct in the
23 practice of that profession under the laws of any other state
24 or any territory or possession of the United States and has
25 not had that license, certificate, or registration reinstated
26 by the licensing authority of the jurisdiction that revoked
27 the license, certificate, or registration; or
28 (b)(2) Committed any act in any other state or any
29 territory or possession of the United States which if
30 committed in this state would constitute sexual misconduct.
31
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1 For purposes of this subsection, a licensing authority's
2 acceptance of a candidate's relinquishment of a license which
3 is offered in response to or in anticipation of the filing of
4 administrative charges against the candidate's license
5 constitutes the surrender of the license.
6 Section 12. Subsection (2) of section 455.574, Florida
7 Statutes, 1998 Supplement, is amended to read:
8 455.574 Department of Health; examinations.--
9 (2) For each examination developed by the department
10 or a contracted vendor, the board, or the department when
11 there is no board, shall adopt rules providing for
12 reexamination of any applicants who failed an examination
13 developed by the department or a contracted vendor. If both a
14 written and a practical examination are given, an applicant
15 shall be required to retake only the portion of the
16 examination on which the applicant failed to achieve a passing
17 grade, if the applicant successfully passes that portion
18 within a reasonable time, as determined by rule of the board,
19 or the department when there is no board, of passing the other
20 portion. Except for national examinations approved and
21 administered pursuant to this section, the department shall
22 provide procedures for applicants who fail an examination
23 developed by the department or a contracted vendor to review
24 their examination questions, answers, papers, grades, and
25 grading key for the questions the candidate answered
26 incorrectly or, if not feasible, the parts of the examination
27 failed. Applicants shall bear the actual cost for the
28 department to provide examination review pursuant to this
29 subsection. An applicant may waive in writing the
30 confidentiality of the applicant's examination grades.
31
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1 Section 13. Subsection (1) of section 455.587, Florida
2 Statutes, is amended, present subsections (2) through (7) are
3 renumbered as subsections (3) through (8), respectively, and a
4 new subsection (2) is added to that section, to read:
5 455.587 Fees; receipts; disposition for boards within
6 the department.--
7 (1) Each board within the jurisdiction of the
8 department, or the department when there is no board, shall
9 determine by rule the amount of license fees for the its
10 profession it regulates, based upon long-range estimates
11 prepared by the department of the revenue required to
12 implement laws relating to the regulation of professions by
13 the department and the board. Each board, or the department
14 if there is no board, shall ensure that license fees are
15 adequate to cover all anticipated costs and to maintain a
16 reasonable cash balance, as determined by rule of the agency,
17 with advice of the applicable board. If sufficient action is
18 not taken by a board within 1 year after notification by the
19 department that license fees are projected to be inadequate,
20 the department shall set license fees on behalf of the
21 applicable board to cover anticipated costs and to maintain
22 the required cash balance. The department shall include
23 recommended fee cap increases in its annual report to the
24 Legislature. Further, it is the legislative intent that no
25 regulated profession operate with a negative cash balance. The
26 department may provide by rule for advancing sufficient funds
27 to any profession operating with a negative cash balance. The
28 advancement may be for a period not to exceed 2 consecutive
29 years, and the regulated profession must pay interest.
30 Interest shall be calculated at the current rate earned on
31 investments of a trust fund used by the department to
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1 implement this part. Interest earned shall be allocated to the
2 various funds in accordance with the allocation of investment
3 earnings during the period of the advance.
4 (2) Each board, or the department if there is no
5 board, may charge a fee not to exceed $25, as determined by
6 rule, for the issuance of a wall certificate pursuant to s.
7 455.564(2) requested by a licensee who was licensed prior to
8 July 1, 1998, or for the issuance of a duplicate wall
9 certificate requested by any licensee.
10 Section 14. Subsections (1) and (6) of section
11 455.604, Florida Statutes, 1998 Supplement, are amended to
12 read:
13 455.604 Requirement for instruction for certain
14 licensees on human immunodeficiency virus and acquired immune
15 deficiency syndrome.--
16 (1) The appropriate board shall require each person
17 licensed or certified under chapter 457; chapter 458; chapter
18 459; chapter 460; chapter 461; chapter 463; chapter 464;
19 chapter 465; chapter 466; part II, part III, or part V, or
20 part X of chapter 468; or chapter 486 to complete a continuing
21 educational course, approved by the board, on human
22 immunodeficiency virus and acquired immune deficiency syndrome
23 as part of biennial relicensure or recertification. The course
24 shall consist of education on the modes of transmission,
25 infection control procedures, clinical management, and
26 prevention of human immunodeficiency virus and acquired immune
27 deficiency syndrome. Such course shall include information on
28 current Florida law on acquired immune deficiency syndrome and
29 its impact on testing, confidentiality of test results,
30 treatment of patients, and any protocols and procedures
31 applicable to human immunodeficiency virus counseling and
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1 testing, reporting, the offering of HIV testing to pregnant
2 women, and partner notification issues pursuant to ss. 381.004
3 and 384.25.
4 (6) The board shall require as a condition of granting
5 a license under the chapters and parts specified in subsection
6 (1) that an applicant making initial application for licensure
7 complete an educational course acceptable to the board on
8 human immunodeficiency virus and acquired immune deficiency
9 syndrome. An applicant who has not taken a course at the time
10 of licensure shall, upon an affidavit showing good cause, be
11 allowed 6 months to complete this requirement.
12 Section 15. Subsection (1) of section 455.607, Florida
13 Statutes, is amended to read:
14 455.607 Athletic trainers and massage therapists;
15 requirement for instruction on human immunodeficiency virus
16 and acquired immune deficiency syndrome.--
17 (1) The board, or the department where there is no
18 board, shall require each person licensed or certified under
19 part XIII XIV of chapter 468 or chapter 480 to complete a
20 continuing educational course approved by the board, or the
21 department where there is no board, on human immunodeficiency
22 virus and acquired immune deficiency syndrome as part of
23 biennial relicensure or recertification. The course shall
24 consist of education on modes of transmission, infection
25 control procedures, clinical management, and prevention of
26 human immunodeficiency virus and acquired immune deficiency
27 syndrome, with an emphasis on appropriate behavior and
28 attitude change.
29 Section 16. Paragraphs (t), (u), (v), (w), and (x) are
30 added to subsection (1) of section 455.624, Florida Statutes,
31 subsection (2) of that section is amended, present subsection
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1 (3) of that section is renumbered as subsection (4) and
2 amended, present subsections (4) and (5) of that subsection
3 are renumbered as subsections (5) and (6), respectively, and a
4 new subsection (3) is added to that section, to read:
5 455.624 Grounds for discipline; penalties;
6 enforcement.--
7 (1) The following acts shall constitute grounds for
8 which the disciplinary actions specified in subsection (2) may
9 be taken:
10 (t) Failing to comply with the requirements of ss.
11 381.026 and 381.0261 to provide patients with information
12 about their patient rights and how to file a patient
13 complaint.
14 (u) Engaging or attempting to engage a patient or
15 client in verbal or physical sexual activity. For the purposes
16 of this section, a patient or client shall be presumed to be
17 incapable of giving free, full, and informed consent to verbal
18 or physical sexual activity.
19 (v) Failing to comply with the requirements for
20 profiling and credentialing, including, but not limited to,
21 failing to provide initial information, failing to timely
22 provide updated information, or making misleading, untrue,
23 deceptive, or fraudulent representations on a profile,
24 credentialing, or initial or renewal licensure application.
25 (w) Failing to report to the board, or the department
26 if there is no board, in writing within 30 days after the
27 licensee has been convicted or found guilty of, or entered a
28 plea of nolo contendere to, regardless of adjudication, a
29 crime in any jurisdiction. Convictions, findings,
30 adjudications, and pleas entered into prior to the enactment
31
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1 of this paragraph must be reported in writing to the board, or
2 department if there is no board, on or before October 1, 1999.
3 (x) Using information about people involved in motor
4 vehicle accidents which has been derived from accident reports
5 made by law enforcement officers or persons involved in
6 accidents pursuant to s. 316.066, or using information
7 published in a newspaper or other news publication or through
8 a radio or television broadcast that has used information
9 gained from such reports, for the purposes of commercial or
10 any other solicitation whatsoever of the people involved in
11 such accidents.
12 (2) When the board, or the department when there is no
13 board, finds any person guilty of the grounds set forth in
14 subsection (1) or of any grounds set forth in the applicable
15 practice act, including conduct constituting a substantial
16 violation of subsection (1) or a violation of the applicable
17 practice act which occurred prior to obtaining a license, it
18 may enter an order imposing one or more of the following
19 penalties:
20 (a) Refusal to certify, or to certify with
21 restrictions, an application for a license.
22 (b) Suspension or permanent revocation of a license.
23 (c) Restriction of practice.
24 (d) Imposition of an administrative fine not to exceed
25 $10,000 $5,000 for each count or separate offense.
26 (e) Issuance of a reprimand.
27 (f) Placement of the licensee on probation for a
28 period of time and subject to such conditions as the board, or
29 the department when there is no board, may specify. Those
30 conditions may include, but are not limited to, requiring the
31 licensee to undergo treatment, attend continuing education
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1 courses, submit to be reexamined, work under the supervision
2 of another licensee, or satisfy any terms which are reasonably
3 tailored to the violations found.
4 (g) Corrective action.
5 (h) Imposition of an administrative fine in accordance
6 with s. 381.0261 for violations regarding patient rights.
7
8 In determining what action is appropriate, the board, or
9 department when there is no board, must first consider what
10 sanctions are necessary to protect the public or to compensate
11 the patient. Only after those sanctions have been imposed may
12 the disciplining authority consider and include in the order
13 requirements designed to rehabilitate the practitioner. All
14 costs associated with compliance with orders issued under this
15 subsection are the obligation of the practitioner.
16 (3) Notwithstanding subsection (2), if the ground for
17 disciplinary action is the first-time failure of the licensee
18 to satisfy continuing education requirements established by
19 the board, or by the department if there is no board, the
20 board or department, as applicable, shall issue a citation in
21 accordance with s. 455.617 and assess a fine, as determined by
22 the board or department by rule. In addition, for each hour of
23 continuing education not completed or completed late, the
24 board or department, as applicable, may require the licensee
25 to take an additional hour of continuing education.
26 (4)(3) In addition to any other discipline imposed
27 pursuant to this section or discipline imposed for a violation
28 of any practice act, the board, or the department when there
29 is no board, may assess costs related to the investigation and
30 prosecution of the case excluding costs associated with an
31 attorney's time. In any case where the board or the department
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1 imposes a fine or assessment and the fine or assessment is not
2 paid within a reasonable time, such reasonable time to be
3 prescribed in the rules of the board, or the department when
4 there is no board, or in the order assessing such fines or
5 costs, the department or the Department of Legal Affairs may
6 contract for the collection of, or bring a civil action to
7 recover, the fine or assessment.
8 Section 17. Subsection (3) is added to section
9 455.651, Florida Statutes, 1998 Supplement, to read:
10 455.651 Disclosure of confidential information.--
11 (3) Any person injured as a result of a violation of
12 this section shall have a civil cause of action for treble
13 damages, reasonable attorney's fees, and costs.
14 Section 18. Section 455.664, Florida Statutes, is
15 amended to read:
16 455.664 Advertisement by a health care practitioner
17 provider of free or discounted services; required
18 statement.--In any advertisement for a free, discounted fee,
19 or reduced fee service, examination, or treatment by a health
20 care practitioner provider licensed under chapter 458, chapter
21 459, chapter 460, chapter 461, chapter 462, chapter 463,
22 chapter 464, chapter 465, chapter 466, chapter 467, chapter
23 478, chapter 483, chapter 484, or chapter 486, chapter 490, or
24 chapter 491, the following statement shall appear in capital
25 letters clearly distinguishable from the rest of the text:
26 THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A
27 RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR
28 PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT
29 IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING
30 TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED
31 FEE SERVICE, EXAMINATION, OR TREATMENT. However, the required
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1 statement shall not be necessary as an accompaniment to an
2 advertisement of a licensed health care practitioner provider
3 defined by this section if the advertisement appears in a
4 classified directory the primary purpose of which is to
5 provide products and services at free, reduced, or discounted
6 prices to consumers and in which the statement prominently
7 appears in at least one place.
8 Section 19. Subsections (7) and (16) of section
9 455.667, Florida Statutes, 1998 Supplement, are amended to
10 read:
11 455.667 Ownership and control of patient records;
12 report or copies of records to be furnished.--
13 (7)(a)1. The department may obtain patient records and
14 insurance information, if the complaint being investigated
15 alleges inadequate medical care based on termination of
16 insurance. The department may obtain patient access these
17 records pursuant to a subpoena without written authorization
18 from the patient if the department and the probable cause
19 panel of the appropriate board, if any, find reasonable cause
20 to believe that a health care practitioner has excessively or
21 inappropriately prescribed any controlled substance specified
22 in chapter 893 in violation of this part or any professional
23 practice act or that a health care practitioner has practiced
24 his or her profession below that level of care, skill, and
25 treatment required as defined by this part or any professional
26 practice act; provided, however, the and also find that
27 appropriate, reasonable attempts were made to obtain a patient
28 release.
29 2. The department may obtain patient records and
30 insurance information pursuant to a subpoena without written
31 authorization from the patient if the department and the
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1 probable cause panel of the appropriate board, if any, find
2 reasonable cause to believe that a health care practitioner
3 has provided inadequate medical care based on termination of
4 insurance and also find that appropriate, reasonable attempts
5 were made to obtain a patient release.
6 3. The department may obtain patient records, billing
7 records, insurance information, provider contracts, and all
8 attachments thereto pursuant to a subpoena without written
9 authorization from the patient if the department and probable
10 cause panel of the appropriate board, if any, find reasonable
11 cause to believe that a health care practitioner has submitted
12 a claim, statement, or bill using a billing code that would
13 result in payment greater in amount than would be paid using a
14 billing code that accurately describes the services performed,
15 requested payment for services that were not performed by that
16 health care practitioner, used information derived from a
17 written report of an automobile accident generated pursuant to
18 chapter 316 to solicit or obtain patients personally or
19 through an agent regardless of whether the information is
20 derived directly from the report or a summary of that report
21 or from another person, solicited patients fraudulently,
22 received a kickback as defined in s. 455.657, violated the
23 patient brokering provisions of s. 817.505, or presented or
24 caused to be presented a false or fraudulent insurance claim
25 within the meaning of s. 817.234(1)(a), and also find that,
26 within the meaning of s. 817.234(1)(a), patient authorization
27 cannot be obtained because the patient cannot be located or is
28 deceased, incapacitated, or suspected of being a participant
29 in the fraud or scheme, and if the subpoena is issued for
30 specific and relevant records.
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1 (b) Patient records, billing records, insurance
2 information, provider contracts, and all attachments thereto
3 record obtained by the department pursuant to this subsection
4 shall be used solely for the purpose of the department and the
5 appropriate regulatory board in disciplinary proceedings. The
6 records shall otherwise be confidential and exempt from s.
7 119.07(1). This section does not limit the assertion of the
8 psychotherapist-patient privilege under s. 90.503 in regard to
9 records of treatment for mental or nervous disorders by a
10 medical practitioner licensed pursuant to chapter 458 or
11 chapter 459 who has primarily diagnosed and treated mental and
12 nervous disorders for a period of not less than 3 years,
13 inclusive of psychiatric residency. However, the health care
14 practitioner shall release records of treatment for medical
15 conditions even if the health care practitioner has also
16 treated the patient for mental or nervous disorders. If the
17 department has found reasonable cause under this section and
18 the psychotherapist-patient privilege is asserted, the
19 department may petition the circuit court for an in camera
20 review of the records by expert medical practitioners
21 appointed by the court to determine if the records or any part
22 thereof are protected under the psychotherapist-patient
23 privilege.
24 (16) A health care practitioner or records owner
25 furnishing copies of reports or records or making the reports
26 or records available for digital scanning pursuant to this
27 section shall charge no more than the actual cost of copying,
28 including reasonable staff time, or the amount specified in
29 administrative rule by the appropriate board, or the
30 department when there is no board.
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1 Section 20. Subsection (3) is added to section
2 455.687, Florida Statutes, to read:
3 455.687 Certain health care practitioners; immediate
4 suspension of license.--
5 (3) The department may issue an emergency order
6 suspending or restricting the license of any health care
7 practitioner as defined in s. 455.501(4) who tests positive
8 for any drug on any government or private-sector preemployment
9 or employer-ordered confirmed drug test, as defined in s.
10 112.0455, when the practitioner does not have a lawful
11 prescription and legitimate medical reason for using such
12 drug. The practitioner shall be given 48 hours from the time
13 of notification to the practitioner of the confirmed test
14 result to produce a lawful prescription for the drug before an
15 emergency order is issued.
16 Section 21. Section 455.694, Florida Statutes, 1998
17 Supplement, is amended to read:
18 455.694 Financial responsibility requirements for
19 Boards regulating certain health care practitioners.--
20 (1) As a prerequisite for licensure or license
21 renewal, the Board of Acupuncture, the Board of Chiropractic
22 Medicine, the Board of Podiatric Medicine, and the Board of
23 Dentistry shall, by rule, require that all health care
24 practitioners licensed under the respective board, and the
25 Board of Nursing shall, by rule, require that advanced
26 registered nurse practitioners certified under s. 464.012, and
27 the department shall, by rule, require that midwives maintain
28 medical malpractice insurance or provide proof of financial
29 responsibility in an amount and in a manner determined by the
30 board or department to be sufficient to cover claims arising
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1 out of the rendering of or failure to render professional care
2 and services in this state.
3 (2) The board or department may grant exemptions upon
4 application by practitioners meeting any of the following
5 criteria:
6 (a) Any person licensed under chapter 457, chapter
7 460, chapter 461, s. 464.012, or chapter 466, or chapter 467
8 who practices exclusively as an officer, employee, or agent of
9 the Federal Government or of the state or its agencies or its
10 subdivisions. For the purposes of this subsection, an agent
11 of the state, its agencies, or its subdivisions is a person
12 who is eligible for coverage under any self-insurance or
13 insurance program authorized by the provisions of s.
14 768.28(15) or who is a volunteer under s. 110.501(1).
15 (b) Any person whose license or certification has
16 become inactive under chapter 457, chapter 460, chapter 461,
17 chapter 464, or chapter 466, or chapter 467 and who is not
18 practicing in this state. Any person applying for
19 reactivation of a license must show either that such licensee
20 maintained tail insurance coverage which provided liability
21 coverage for incidents that occurred on or after October 1,
22 1993, or the initial date of licensure in this state,
23 whichever is later, and incidents that occurred before the
24 date on which the license became inactive; or such licensee
25 must submit an affidavit stating that such licensee has no
26 unsatisfied medical malpractice judgments or settlements at
27 the time of application for reactivation.
28 (c) Any person holding a limited license pursuant to
29 s. 455.561, and practicing under the scope of such limited
30 license.
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1 (d) Any person licensed or certified under chapter
2 457, chapter 460, chapter 461, s. 464.012, or chapter 466, or
3 chapter 467 who practices only in conjunction with his or her
4 teaching duties at an accredited school or in its main
5 teaching hospitals. Such person may engage in the practice of
6 medicine to the extent that such practice is incidental to and
7 a necessary part of duties in connection with the teaching
8 position in the school.
9 (e) Any person holding an active license or
10 certification under chapter 457, chapter 460, chapter 461, s.
11 464.012, or chapter 466, or chapter 467 who is not practicing
12 in this state. If such person initiates or resumes practice
13 in this state, he or she must notify the department of such
14 activity.
15 (f) Any person who can demonstrate to the board or
16 department that he or she has no malpractice exposure in the
17 state.
18 (3) Notwithstanding the provisions of this section,
19 the financial responsibility requirements of ss. 458.320 and
20 459.0085 shall continue to apply to practitioners licensed
21 under those chapters.
22 Section 22. Section 455.712, Florida Statutes, is
23 created to read:
24 455.712 Business establishments; requirements for
25 active status licenses.--
26 (1) A business establishment regulated by the Division
27 of Medical Quality Assurance pursuant to this part may provide
28 regulated services only if the business establishment has an
29 active status license. A business establishment that provides
30 regulated services without an active status license is in
31 violation of this section and s. 455.624, and the board, or
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1 the department if there is no board, may impose discipline on
2 the business establishment.
3 (2) A business establishment must apply with a
4 complete application, as defined by rule of the board, or the
5 department if there is no board, to renew an active status
6 license before the license expires. If a business
7 establishment fails to renew before the license expires, the
8 license becomes delinquent, except as otherwise provided in
9 statute, in the license cycle following expiration.
10 (3) A delinquent business establishment must apply
11 with a complete application, as defined by rule of the board,
12 or the department if there is no board, for active status
13 within 6 months after becoming delinquent. Failure of a
14 delinquent business establishment to renew the license within
15 the 6 months after the expiration date of the license renders
16 the license null without any further action by the board or
17 the department. Any subsequent licensure shall be as a result
18 of applying for and meeting all requirements imposed on a
19 business establishment for new licensure.
20 (4) The status or a change in status of a business
21 establishment license does not alter in any way the right of
22 the board, or of the department if there is no board, to
23 impose discipline or to enforce discipline previously imposed
24 on a business establishment for acts or omissions committed by
25 the business establishment while holding a license, whether
26 active or null.
27 (5) This section applies to any business establishment
28 registered, permitted, or licensed by the department to do
29 business. Business establishments include, but are not limited
30 to, dental laboratories, electrology facilities, massage
31 establishments, pharmacies, and health care services pools.
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1 Section 23. Subsection (7) is added to section
2 457.102, Florida Statutes, 1998 Supplement, to read:
3 457.102 Definitions.--As used in this chapter:
4 (7) "Prescriptive rights" means the prescription,
5 administration, and use of needles and devices, restricted
6 devices, and prescription devices that are used in the
7 practice of acupuncture and oriental medicine.
8 Section 24. Subsections (2) and (4) of section
9 458.307, Florida Statutes, 1998 Supplement, are amended to
10 read:
11 458.307 Board of Medicine.--
12 (2) Twelve members of the board must be licensed
13 physicians in good standing in this state who are residents of
14 the state and who have been engaged in the active practice or
15 teaching of medicine for at least 4 years immediately
16 preceding their appointment. One of the physicians must be on
17 the full-time faculty of a medical school in this state, and
18 one of the physicians must be in private practice and on the
19 full-time staff of a statutory teaching hospital in this state
20 as defined in s. 408.07. At least one of the physicians must
21 be a graduate of a foreign medical school. The remaining
22 three members must be residents of the state who are not, and
23 never have been, licensed health care practitioners. One
24 member must be a health care hospital risk manager licensed
25 certified under s. 395.10974 part IX of chapter 626. At least
26 one member of the board must be 60 years of age or older.
27 (4) The board, in conjunction with the department,
28 shall establish a disciplinary training program for board
29 members. The program shall provide for initial and periodic
30 training in the grounds for disciplinary action, the actions
31 which may be taken by the board and the department, changes in
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1 relevant statutes and rules, and any relevant judicial and
2 administrative decisions. After January 1, 1989, No member of
3 the board shall participate on probable cause panels or in
4 disciplinary decisions of the board unless he or she has
5 completed the disciplinary training program.
6 Section 25. Subsection (3) is added to section
7 458.309, Florida Statutes, 1998 Supplement, to read:
8 458.309 Authority to make rules.--
9 (3) All physicians who 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. The department shall inspect the
14 physician's office annually unless the office is accredited by
15 a nationally recognized accrediting agency or an accrediting
16 organization subsequently approved by the board. The actual
17 costs for registration and inspection or accreditation shall
18 be paid by the person seeking to register and operate the
19 office setting in which office surgery is performed.
20 Section 26. Section 458.311, Florida Statutes, 1998
21 Supplement, is amended to read:
22 458.311 Licensure by examination; requirements;
23 fees.--
24 (1) Any person desiring to be licensed as a physician,
25 who does not hold a valid license in any state, shall apply to
26 the department on forms furnished by the department to take
27 the licensure examination. The department shall license
28 examine each applicant who whom the board certifies:
29 (a) Has completed the application form and remitted a
30 nonrefundable application fee not to exceed $500 and an
31 examination fee not to exceed $300 plus the actual per
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1 applicant cost to the department for purchase of the
2 examination from the Federation of State Medical Boards of the
3 United States or a similar national organization, which is
4 refundable if the applicant is found to be ineligible to take
5 the examination.
6 (b) Is at least 21 years of age.
7 (c) Is of good moral character.
8 (d) Has not committed any act or offense in this or
9 any other jurisdiction which would constitute the basis for
10 disciplining a physician pursuant to s. 458.331.
11 (e) For any applicant who has graduated from medical
12 school after October 1, 1992, has completed the equivalent of
13 2 academic years of preprofessional, postsecondary education,
14 as determined by rule of the board, which shall include, at a
15 minimum, courses in such fields as anatomy, biology, and
16 chemistry prior to entering medical school.
17 (f) Meets one of the following medical education and
18 postgraduate training requirements:
19 1.a. Is a graduate of an allopathic medical school or
20 allopathic college recognized and approved by an accrediting
21 agency recognized by the United States Office of Education or
22 is a graduate of an allopathic medical school or allopathic
23 college within a territorial jurisdiction of the United States
24 recognized by the accrediting agency of the governmental body
25 of that jurisdiction;
26 b. If the language of instruction of the medical
27 school is other than English, has demonstrated competency in
28 English through presentation of a satisfactory grade on the
29 Test of Spoken English of the Educational Testing Service or a
30 similar test approved by rule of the board; and
31
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1 c. Has completed an approved residency of at least 1
2 year.
3 2.a. Is a graduate of an allopathic a foreign medical
4 school registered with the World Health Organization and
5 certified pursuant to s. 458.314 as having met the standards
6 required to accredit medical schools in the United States or
7 reasonably comparable standards;
8 b. If the language of instruction of the foreign
9 medical school is other than English, has demonstrated
10 competency in English through presentation of the Educational
11 Commission for Foreign Medical Graduates English proficiency
12 certificate or by a satisfactory grade on the Test of Spoken
13 English of the Educational Testing Service or a similar test
14 approved by rule of the board; and
15 c. Has completed an approved residency of at least 1
16 year.
17 3.a. Is a graduate of an allopathic a foreign medical
18 school which has not been certified pursuant to s. 458.314;
19 b. Has had his or her medical credentials evaluated by
20 the Educational Commission for Foreign Medical Graduates,
21 holds an active, valid certificate issued by that commission,
22 and has passed the examination utilized by that commission;
23 and
24 c. Has completed an approved residency of at least 1
25 year; however, after October 1, 1992, the applicant shall have
26 completed an approved residency or fellowship of at least 2
27 years in one specialty area. However, to be acceptable, the
28 fellowship experience and training must be counted toward
29 regular or subspecialty certification by a board recognized
30 and certified by the American Board of Medical Specialties.
31
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1 (g) Has submitted to the department a set of
2 fingerprints on a form and under procedures specified by the
3 department, along with a payment in an amount equal to the
4 costs incurred by the Department of Health for the criminal
5 background check of the applicant.
6 (h) Has obtained a passing score, as established by
7 rule of the board, on the licensure examination of the United
8 States Medical Licensing Examination (USMLE); or a combination
9 of the United States Medical Licensing Examination (USMLE),
10 the examination of the Federation of State Medical Boards of
11 the United States, Inc. (FLEX), or the examination of the
12 National Board of Medical Examiners up to the year 2000; or
13 for the purpose of examination of any applicant who was
14 licensed on the basis of a state board examination and who is
15 currently licensed in at least one other jurisdiction of the
16 United States or Canada, and who has practiced pursuant to
17 such licensure for a period of at least 10 years, use of the
18 Special Purpose Examination of the Federation of State Medical
19 Boards of the United States (SPEX) upon receipt of a passing
20 score as established by rule of the board.
21 (2) As prescribed by board rule, the board may require
22 an applicant who does not pass the national licensing
23 examination after five attempts to complete additional
24 remedial education or training. The board shall prescribe the
25 additional requirements in a manner that permits the applicant
26 to complete the requirements and be reexamined within 2 years
27 after the date the applicant petitions the board to retake the
28 examination a sixth or subsequent time.
29 (3) Notwithstanding the provisions of subparagraph
30 (1)(f)3., a graduate of a foreign medical school need not
31 present the certificate issued by the Educational Commission
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1 for Foreign Medical Graduates or pass the examination utilized
2 by that commission if the graduate:
3 (a) Has received a bachelor's degree from an
4 accredited United States college or university.
5 (b) Has studied at a medical school which is
6 recognized by the World Health Organization.
7 (c) Has completed all of the formal requirements of
8 the foreign medical school, except the internship or social
9 service requirements, and has passed part I of the National
10 Board of Medical Examiners examination or the Educational
11 Commission for Foreign Medical Graduates examination
12 equivalent.
13 (d) Has completed an academic year of supervised
14 clinical training in a hospital affiliated with a medical
15 school approved by the Council on Medical Education of the
16 American Medical Association and upon completion has passed
17 part II of the National Board of Medical Examiners examination
18 or the Educational Commission for Foreign Medical Graduates
19 examination equivalent.
20 (4) The department and the board shall assure that
21 applicants for licensure meet the criteria in subsection (1)
22 through an investigative process. When the investigative
23 process is not completed within the time set out in s.
24 120.60(1) and the department or board has reason to believe
25 that the applicant does not meet the criteria, the secretary
26 or the secretary's designee may issue a 90-day licensure delay
27 which shall be in writing and sufficient to notify the
28 applicant of the reason for the delay. The provisions of this
29 subsection shall control over any conflicting provisions of s.
30 120.60(1).
31
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1 (5) The board may not certify to the department for
2 licensure any applicant who is under investigation in another
3 jurisdiction for an offense which would constitute a violation
4 of this chapter until such investigation is completed. Upon
5 completion of the investigation, the provisions of s. 458.331
6 shall apply. Furthermore, the department may not issue an
7 unrestricted license to any individual who has committed any
8 act or offense in any jurisdiction which would constitute the
9 basis for disciplining a physician pursuant to s. 458.331.
10 When the board finds that an individual has committed an act
11 or offense in any jurisdiction which would constitute the
12 basis for disciplining a physician pursuant to s. 458.331,
13 then the board may enter an order imposing one or more of the
14 terms set forth in subsection (9).
15 (6) Each applicant who passes the examination and
16 meets the requirements of this chapter shall be licensed as a
17 physician, with rights as defined by law.
18 (7) Upon certification by the board, the department
19 shall impose conditions, limitations, or restrictions on a
20 license by examination if the applicant is on probation in
21 another jurisdiction for an act which would constitute a
22 violation of this chapter.
23 (8) When the board determines that any applicant for
24 licensure by examination has failed to meet, to the board's
25 satisfaction, each of the appropriate requirements set forth
26 in this section, it may enter an order requiring one or more
27 of the following terms:
28 (a) Refusal to certify to the department an
29 application for licensure, certification, or registration;
30
31
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1 (b) Certification to the department of an application
2 for licensure, certification, or registration with
3 restrictions on the scope of practice of the licensee; or
4 (c) Certification to the department of an application
5 for licensure, certification, or registration with placement
6 of the physician on probation for a period of time and subject
7 to such conditions as the board may specify, including, but
8 not limited to, requiring the physician to submit to
9 treatment, attend continuing education courses, submit to
10 reexamination, or work under the supervision of another
11 physician.
12 (9)(a) Notwithstanding any of the provisions of this
13 section, an applicant who, at the time of his or her medical
14 education, was a citizen of the country of Nicaragua and, at
15 the time of application for licensure under this subsection,
16 is either a citizen of the country of Nicaragua or a citizen
17 of the United States may make initial application to the
18 department on or before July 1, 1992, for licensure subject to
19 this subsection and may reapply pursuant to board rule. Upon
20 receipt of such application, the department shall issue a
21 2-year restricted license to any applicant therefor upon the
22 applicant's successful completion of the licensure examination
23 as described in paragraph (1)(a) and who the board certifies
24 has met the following requirements:
25 1. Is a graduate of a World Health Organization
26 recognized foreign medical institution located in a country in
27 the Western Hemisphere.
28 2. Received a medical education which has been
29 determined by the board to be substantially similar, at the
30 time of the applicant's graduation, to approved United States
31 medical programs.
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1 3. Practiced medicine in the country of Nicaragua for
2 a period of 1 year prior to residing in the United States and
3 has lawful employment authority in the United States.
4 4. Has had his or her medical education verified by
5 the Florida Board of Medicine.
6 5. Successfully completed the Educational Commission
7 for Foreign Medical Graduates Examination or Foreign Medical
8 Graduate Examination in the Medical Sciences or successfully
9 completed a course developed for the University of Miami for
10 physician training equivalent to the course developed for such
11 purposes pursuant to chapter 74-105, Laws of Florida. No
12 person shall be permitted to enroll in the physician training
13 course until he or she has been certified by the board as
14 having met the requirements of this paragraph or conditionally
15 certified by the board as having substantially complied with
16 the requirements of this paragraph. Any person conditionally
17 certified by the board shall be required to establish, to the
18 board's satisfaction, full compliance with all the
19 requirements of this paragraph prior to completion of the
20 physician training course and shall not be permitted to sit
21 for the licensure examination unless the board certifies that
22 all of the requirements of this paragraph have been met.
23
24 However, applicants eligible for licensure under s. 455.581 or
25 subsection (9), 1988 Supplement to the Florida Statutes 1987,
26 as amended by s. 18, chapter 89-162, Laws of Florida, and ss.
27 5 and 42, chapter 89-374, Laws of Florida, and renumbered as
28 subsection (8) by s. 5, chapter 89-374, Laws of Florida, shall
29 not be eligible to apply under this subsection.
30 (b) The holder of a restricted license issued pursuant
31 to this subsection may practice medicine for the first year
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1 only under the direct supervision, as defined by board rule,
2 of a board-approved physician.
3 (c) Upon recommendation of the supervising physician
4 and demonstration of clinical competency to the satisfaction
5 of the board that the holder of a restricted license issued
6 pursuant to this subsection has practiced for 1 year under
7 direct supervision, such licenseholder shall work for 1 year
8 under general supervision, as defined by board rule, of a
9 Florida-licensed physician in an area of critical need as
10 determined by the board. Prior to commencing such
11 supervision, the supervising physician shall notify the board.
12 (d) Upon completion of the 1 year of work under
13 general supervision and demonstration to the board that the
14 holder of the restricted license has satisfactorily completed
15 the requirements of this subsection, and has not committed any
16 act or is not under investigation for any act which would
17 constitute a violation of this chapter, the department shall
18 issue an unrestricted license to such licenseholder.
19 (e) Rules necessary to implement and carry out the
20 provisions of this subsection shall be promulgated by the
21 board.
22 (10) Notwithstanding any other provision of this
23 section, the department shall examine any person who meets the
24 criteria set forth in sub-subparagraph (1)(f)1.a.,
25 sub-subparagraphs (1)(f)3.a. and b., or subsection (3), if the
26 person:
27 (a) Submits proof of successful completion of Steps I
28 and II of the United States Medical Licensing Examination or
29 the equivalent, as defined by rule of the board;
30
31
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1 (b) Is participating in an allocated slot in an
2 allopathic training program in this state on a full-time basis
3 at the time of examination;
4 (c) Makes a written request to the department that he
5 or she be administered the examination without applying for a
6 license as a physician in this state; and
7 (d) Remits a nonrefundable administration fee, not to
8 exceed $50, and an examination fee, not to exceed $300, plus
9 the actual cost per person to the department for the purchase
10 of the examination from the Federation of State Medical Boards
11 of the United States or a similar national organization. The
12 examination fee is refundable if the person is found to be
13 ineligible to take the examination.
14 Section 27. Section 458.3115, Florida Statutes, 1998
15 Supplement, is amended to read:
16 458.3115 Restricted license; certain foreign-licensed
17 physicians; United States Medical Licensing Examination
18 (USMLE) or agency-developed examination; restrictions on
19 practice; full licensure.--
20 (1)(a) Notwithstanding any other provision of law, the
21 department agency shall provide procedures under which certain
22 physicians who are or were foreign-licensed and have practiced
23 medicine no less than 2 years may take the USMLE or an
24 agency-developed examination developed by the department, in
25 consultation with the board, to qualify for a restricted
26 license to practice medicine in this state. The
27 department-developed agency and board-developed examination
28 shall test the same areas of medical knowledge as the
29 Federation of State Medical Boards of the United States, Inc.
30 (FLEX) previously administered by the Florida Board of
31 Medicine to grant medical licensure in Florida. The
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1 department-developed agency-developed examination must be made
2 available no later than December 31, 1998, to a physician who
3 qualifies for licensure. A person who is eligible to take and
4 elects to take the department-developed agency and
5 board-developed examination, who has previously passed part 1
6 or part 2 of the previously administered FLEX shall not be
7 required to retake or pass the equivalent parts of the
8 department-developed agency-developed examination, and may sit
9 for the department-developed agency and board-developed
10 examination five times within 5 years.
11 (b) A person who is eligible to take and elects to
12 take the USMLE who has previously passed part 1 or part 2 of
13 the previously administered FLEX shall not be required to
14 retake or pass the equivalent parts of the USMLE up to the
15 year 2000.
16 (c) A person shall be eligible to take such
17 examination for restricted licensure if the person:
18 1. Has taken, upon approval by the board, and
19 completed, in November 1990 or November 1992, one of the
20 special preparatory medical update courses authorized by the
21 board and the University of Miami Medical School and
22 subsequently passed the final course examination; upon
23 approval by the board to take the course completed in 1990 or
24 in 1992, has a certificate of successful completion of that
25 course from the University of Miami or the Stanley H. Kaplan
26 course; or can document to the department that he or she was
27 one of the persons who took and successfully completed the
28 Stanley H. Kaplan course that was approved by the board of
29 Medicine and supervised by the University of Miami. At a
30 minimum, the documentation must include class attendance
31 records and the test score on the final course examination;
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1 2. Applies to the department agency and submits an
2 application fee that is nonrefundable and equivalent to the
3 fee required for full licensure;
4 3. Documents no less than 2 years of the active
5 practice of medicine in another jurisdiction;
6 4. Submits an examination fee that is nonrefundable
7 and equivalent to the fee required for full licensure plus the
8 actual per-applicant cost to the department agency to provide
9 either examination described in this section;
10 5. Has not committed any act or offense in this or any
11 other jurisdiction that would constitute a substantial basis
12 for disciplining a physician under this chapter or part II of
13 chapter 455; and
14 6. Is not under discipline, investigation, or
15 prosecution in this or any other jurisdiction for an act that
16 would constitute a violation of this chapter or part II of
17 chapter 455 and that substantially threatened or threatens the
18 public health, safety, or welfare.
19 (d) Every person eligible for restricted licensure
20 under this section may sit for the USMLE or the
21 department-developed agency and board-developed examination
22 five times within 5 calendar years. Applicants desiring to
23 use portions of the FLEX and the USMLE may do so up to the
24 year 2000. However, notwithstanding subparagraph (c)3.,
25 applicants applying under this section who fail the
26 examination up to a total of five times will only be required
27 to pay the examination fee required for full licensure for the
28 second and subsequent times they take the examination.
29 (e) The department Agency for Health Care
30 Administration and the board shall be responsible for working
31 with one or more organizations to offer a medical refresher
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1 course designed to prepare applicants to take either licensure
2 examination described in this section. The organizations may
3 develop the medical refresher course, purchase such a course,
4 or contract for such a course from a private organization that
5 specializes in developing such courses.
6 (f) The course shall require no less than two 16-week
7 semesters of 16 contact hours per week for a total of 256
8 contact hours per student for each semester. The cost is to be
9 paid by the students taking the course.
10 (2)(a) Before the department agency may issue a
11 restricted license to an applicant under this section, the
12 applicant must have passed either of the two examinations
13 described in this section. However, the board may impose
14 reasonable restrictions on the applicant's license to
15 practice. These restrictions may include, but are not limited
16 to:
17 1. Periodic and random department agency audits of the
18 licensee's patient records and review of those records by the
19 board or the department agency.
20 2. Periodic appearances of the licensee before the
21 board or the department agency.
22 3. Submission of written reports to the board or the
23 department agency.
24 (b) A restricted licensee under this section shall
25 practice under the supervision of a full licensee approved by
26 the board with the first year of the licensure period being
27 under direct supervision as defined by board rule and the
28 second year being under indirect supervision as defined by
29 board rule.
30 (c) The board may adopt rules necessary to implement
31 this subsection.
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1 (3)(a) A restricted license issued by the department
2 agency under this section is valid for 2 years unless sooner
3 revoked or suspended, and a restricted licensee is subject to
4 the requirements of this chapter, part II of chapter 455, and
5 any other provision of law not in conflict with this section.
6 Upon expiration of such restricted license, a restricted
7 licensee shall become a full licensee if the restricted
8 licensee:
9 1. Is not under discipline, investigation, or
10 prosecution for a violation which poses a substantial threat
11 to the public health, safety, or welfare; and
12 2. Pays all renewal fees required of a full licensee.
13 (b) The department agency shall renew a restricted
14 license under this section upon payment of the same fees
15 required for renewal for a full license if the restricted
16 licensee is under discipline, investigation, or prosecution
17 for a violation which posed or poses a substantial threat to
18 the public health, safety, or welfare and the board has not
19 permanently revoked the restricted license. A restricted
20 licensee who has renewed such restricted license shall become
21 eligible for full licensure when the licensee is no longer
22 under discipline, investigation, or prosecution.
23 (4) The board shall adopt rules necessary to carry out
24 the provisions of this section.
25 Section 28. Subsections (1), (2), and (8) of section
26 458.313, Florida Statutes, are amended to read:
27 458.313 Licensure by endorsement; requirements;
28 fees.--
29 (1) The department shall issue a license by
30 endorsement to any applicant who, upon applying to the
31 department on forms furnished by the department and remitting
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1 a fee set by the board not to exceed $500 set by the board,
2 the board certifies:
3 (a) Has met the qualifications for licensure in s.
4 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);
5 (b) Prior to January 1, 2000, has obtained a passing
6 score, as established by rule of the board, on the licensure
7 examination of the Federation of State Medical Boards of the
8 United States, Inc. (FLEX), on or of the United States Medical
9 Licensing Examination (USMLE), or on the examination of the
10 National Board of Medical Examiners, or on a combination
11 thereof, and on or after January 1, 2000, has obtained a
12 passing score on the United States Medical Licensing
13 Examination (USMLE) provided the board certifies as eligible
14 for licensure by endorsement any applicant who took the
15 required examinations more than 10 years prior to application;
16 and
17 (c) Has submitted evidence of the active licensed
18 practice of medicine in another jurisdiction, for at least 2
19 of the immediately preceding 4 years, or evidence of
20 successful completion of either a board-approved postgraduate
21 training program within 2 years preceding filing of an
22 application, or a board-approved clinical competency
23 examination, within the year preceding the filing of an
24 application for licensure. For purposes of this paragraph,
25 "active licensed practice of medicine" means that practice of
26 medicine by physicians, including those employed by any
27 governmental entity in community or public health, as defined
28 by this chapter, medical directors under s. 641.495(11) who
29 are practicing medicine, and those on the active teaching
30 faculty of an accredited medical school.
31
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1 (2)(a) As prescribed by board rule, the board may
2 require an applicant who does not pass the licensing
3 examination after five attempts to complete additional
4 remedial education or training. The board shall prescribe the
5 additional requirements in a manner that permits the applicant
6 to complete the requirements and be reexamined within 2 years
7 after the date the applicant petitions the board to retake the
8 examination a sixth or subsequent time.
9 (b) The board may require an applicant for licensure
10 by endorsement to take and pass the appropriate licensure
11 examination prior to certifying the applicant as eligible for
12 licensure.
13 (8) The department shall reactivate the license of any
14 physician whose license has become void by failure to practice
15 in Florida for a period of 1 year within 3 years after
16 issuance of the license by endorsement, if the physician was
17 issued a license by endorsement prior to 1989, has actively
18 practiced medicine in another state for the last 4 years,
19 applies for licensure before October 1, 1998, pays the
20 applicable fees, and otherwise meets any continuing education
21 requirements for reactivation of the license as determined by
22 the board.
23 Section 29. Subsection (1) of section 458.315, Florida
24 Statutes, is amended to read:
25 458.315 Temporary certificate for practice in areas of
26 critical need.--Any physician who is licensed to practice in
27 any other state, whose license is currently valid, and who
28 pays an application fee of $300 may be issued a temporary
29 certificate to practice in communities of Florida where there
30 is a critical need for physicians. A certificate may be
31 issued to a physician who will be employed by a county health
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1 department, correctional facility, community health center
2 funded by s. 329, s. 330, or s. 340 of the United States
3 Public Health Services Act, or other entity that provides
4 health care to indigents and that is approved by the State
5 Health Officer. The Board of Medicine may issue this
6 temporary certificate with the following restrictions:
7 (1) The board shall determine the areas of critical
8 need, and the physician so certified may practice in any of
9 those areas only in that specific area for a time to be
10 determined by the board. Such areas shall include, but not be
11 limited to, health professional shortage areas designated by
12 the United States Department of Health and Human Services.
13 (a) A recipient of a temporary certificate for
14 practice in areas of critical need may use the license to work
15 for any approved employer in any area of critical need
16 approved by the board.
17 (b) The recipient of a temporary certificate for
18 practice in areas of critical need shall, within 30 days after
19 accepting employment, notify the board of all approved
20 institutions in which the licensee practices and of all
21 approved institutions where practice privileges have been
22 denied.
23 Section 30. Section 458.3165, Florida Statutes, is
24 amended to read:
25 458.3165 Public psychiatry certificate.--The board
26 shall issue a public psychiatry certificate to an individual
27 who remits an application fee not to exceed $300, as set by
28 the board, who is a board-certified psychiatrist, who is
29 licensed to practice medicine without restriction in another
30 state, and who meets the requirements in s. 458.311(1)(a)-(g)
31 and (5). A recipient of a public psychiatry certificate may
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1 use the certificate to work at any public mental health
2 facility or program funded in part or entirely by state funds.
3 (1) Such certificate shall:
4 (a) Authorize the holder to practice only in a public
5 mental health facility or program funded in part or entirely
6 by state funds.
7 (b) Be issued and renewable biennially if the
8 secretary of the Department of Health and Rehabilitative
9 Services and the chair of the department of psychiatry at one
10 of the public medical schools or the chair of the department
11 of psychiatry at the accredited medical school at the
12 University of Miami recommend in writing that the certificate
13 be issued or renewed.
14 (c) Automatically expire if the holder's relationship
15 with a public mental health facility or program expires.
16 (d) Not be issued to a person who has been adjudged
17 unqualified or guilty of any of the prohibited acts in this
18 chapter.
19 (2) The board may take disciplinary action against a
20 certificateholder for noncompliance with any part of this
21 section or for any reason for which a regular licensee may be
22 subject to discipline.
23 Section 31. Subsection (4) is added to section
24 458.317, Florida Statutes, 1998 Supplement, to read:
25 458.317 Limited licenses.--
26 (4) Any person holding an active license to practice
27 medicine in the state may convert that license to a limited
28 license for the purpose of providing volunteer, uncompensated
29 care for low-income Floridians. The applicant must submit a
30 statement from the employing agency or institution stating
31 that he or she will not receive compensation for any service
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1 involving the practice of medicine. The application and all
2 licensure fees, including neurological injury compensation
3 assessments, shall be waived.
4 Section 32. Subsection (1) of section 458.319, Florida
5 Statutes, 1998 Supplement, is amended to read:
6 458.319 Renewal of license.--
7 (1) The department shall renew a license upon receipt
8 of the renewal application, evidence that the applicant has
9 actively practiced medicine or has been on the active teaching
10 faculty of an accredited medical school for at least 2 years
11 of the immediately preceding 4 years, and a fee not to exceed
12 $500; provided, however, that if the licensee is either a
13 resident physician, assistant resident physician, fellow,
14 house physician, or intern in an approved postgraduate
15 training program, as defined by the board by rule, the fee
16 shall not exceed $100 per annum. If the licensee has not
17 actively practiced medicine for at least 2 years of the
18 immediately preceding 4 years, the board shall require that
19 the licensee successfully complete a board-approved clinical
20 competency examination prior to renewal of the license.
21 "Actively practiced medicine" means that practice of medicine
22 by physicians, including those employed by any governmental
23 entity in community or public health, as defined by this
24 chapter, including physicians practicing administrative
25 medicine. An applicant for a renewed license must also submit
26 the information required under s. 455.565 to the department on
27 a form and under procedures specified by the department, along
28 with payment in an amount equal to the costs incurred by the
29 Department of Health for the statewide criminal background
30 check of the applicant. An The applicant for a renewed license
31 who received an initial license in this state after January 1,
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1 1992, must submit a set of fingerprints to the Department of
2 Health on a form and under procedures specified by the
3 department, along with payment in an amount equal to the costs
4 incurred by the department for a national criminal background
5 check of the applicant for the initial renewal of his or her
6 license after January 1, 2000. If the applicant fails to
7 submit either the information required under s. 455.565 or a
8 set of fingerprints to the department as required by this
9 section, the department shall issue a notice of noncompliance,
10 and the applicant will be given 30 additional days to comply.
11 If the applicant fails to comply within 30 days after the
12 notice of noncompliance is issued, the department or board, as
13 appropriate, may issue a citation to the applicant and may
14 fine the applicant up to $50 for each day that the applicant
15 is not in compliance with the requirements of s. 455.565. The
16 citation must clearly state that the applicant may choose, in
17 lieu of accepting the citation, to follow the procedure under
18 s. 455.621. If the applicant disputes the matter in the
19 citation, the procedures set forth in s. 455.621 must be
20 followed. However, if the applicant does not dispute the
21 matter in the citation with the department within 30 days
22 after the citation is served, the citation becomes a final
23 order and constitutes discipline. Service of a citation may be
24 made by personal service or certified mail, restricted
25 delivery, to the subject at the applicant's last known
26 address. The department may not delay renewing a license due
27 to the processing of a statewide criminal history check or a
28 national criminal background check. If an applicant has
29 received an initial license to practice in this state after
30 January 1, 1992, and has submitted fingerprints to the
31 department for a national criminal history check upon initial
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1 licensure and is renewing his or her license for the first
2 time, then the applicant need only submit the information and
3 fee required for a statewide criminal history check.
4 Section 33. Paragraph (mm) is added to subsection (1)
5 of section 458.331, Florida Statutes, 1998 Supplement, and
6 subsection (2) of that section is amended to read:
7 458.331 Grounds for disciplinary action; action by the
8 board and department.--
9 (1) The following acts shall constitute grounds for
10 which the disciplinary actions specified in subsection (2) may
11 be taken:
12 (mm) Failing to comply with the requirements of ss.
13 381.026 and 381.0261 to provide patients with information
14 about their patient rights and how to file a patient
15 complaint.
16 (2) When the board finds any person guilty of any of
17 the grounds set forth in subsection (1), including conduct
18 that would constitute a substantial violation of subsection
19 (1) which occurred prior to licensure, it may enter an order
20 imposing one or more of the following penalties:
21 (a) Refusal to certify, or certification with
22 restrictions, to the department an application for licensure,
23 certification, or registration.
24 (b) Revocation or suspension of a license.
25 (c) Restriction of practice.
26 (d) Imposition of an administrative fine not to exceed
27 $10,000 $5,000 for each count or separate offense.
28 (e) Issuance of a reprimand.
29 (f) Placement of the physician on probation for a
30 period of time and subject to such conditions as the board may
31 specify, including, but not limited to, requiring the
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1 physician to submit to treatment, to attend continuing
2 education courses, to submit to reexamination, or to work
3 under the supervision of another physician.
4 (g) Issuance of a letter of concern.
5 (h) Corrective action.
6 (i) Refund of fees billed to and collected from the
7 patient.
8 (j) Imposition of an administrative fine in accordance
9 with s. 381.0261 for violations regarding patient rights.
10
11 In determining what action is appropriate, the board must
12 first consider what sanctions are necessary to protect the
13 public or to compensate the patient. Only after those
14 sanctions have been imposed may the disciplining authority
15 consider and include in the order requirements designed to
16 rehabilitate the physician. All costs associated with
17 compliance with orders issued under this subsection are the
18 obligation of the physician.
19 Section 34. Subsection (7) of section 458.347, Florida
20 Statutes, 1998 Supplement, is amended to read:
21 458.347 Physician assistants.--
22 (7) PHYSICIAN ASSISTANT LICENSURE.--
23 (a) Any person desiring to be licensed as a physician
24 assistant must apply to the department. The department shall
25 issue a license to any person certified by the council as
26 having met the following requirements:
27 1. Is at least 18 years of age.
28 2. Has satisfactorily passed a proficiency examination
29 by an acceptable score established by the National Commission
30 on Certification of Physician Assistants. If an applicant
31 does not hold a current certificate issued by the National
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1 Commission on Certification of Physician Assistants and has
2 not actively practiced as a physician assistant within the
3 immediately preceding 4 years, the applicant must retake and
4 successfully complete the entry-level examination of the
5 National Commission on Certification of Physician Assistants
6 to be eligible for licensure.
7 3. Has completed the application form and remitted an
8 application fee not to exceed $300 as set by the boards. An
9 application for licensure made by a physician assistant must
10 include:
11 a. A certificate of completion of a physician
12 assistant training program specified in subsection (6).
13 b. A sworn statement of any prior felony convictions.
14 c. A sworn statement of any previous revocation or
15 denial of licensure or certification in any state.
16 d. Two letters of recommendation.
17 (b)1. Notwithstanding subparagraph (a)2. and
18 sub-subparagraph (a)3.a., the department shall examine each
19 applicant who the Board of Medicine certifies:
20 a. Has completed the application form and remitted a
21 nonrefundable application fee not to exceed $500 and an
22 examination fee not to exceed $300, plus the actual cost to
23 the department to provide the examination. The examination
24 fee is refundable if the applicant is found to be ineligible
25 to take the examination. The department shall not require the
26 applicant to pass a separate practical component of the
27 examination. For examinations given after July 1, 1998,
28 competencies measured through practical examinations shall be
29 incorporated into the written examination through a
30 multiple-choice format. The department shall translate the
31 examination into the native language of any applicant who
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1 requests and agrees to pay all costs of such translation,
2 provided that the translation request is filed with the board
3 office no later than 9 months before the scheduled examination
4 and the applicant remits translation fees as specified by the
5 department no later than 6 months before the scheduled
6 examination, and provided that the applicant demonstrates to
7 the department the ability to communicate orally in basic
8 English. If the applicant is unable to pay translation costs,
9 the applicant may take the next available examination in
10 English if the applicant submits a request in writing by the
11 application deadline and if the applicant is otherwise
12 eligible under this section. To demonstrate the ability to
13 communicate orally in basic English, a passing score or grade
14 is required, as determined by the department or organization
15 that developed it, on one of the following English
16 examinations:
17 (I) The test for spoken English (TSE) by the
18 Educational Testing Service (ETS);
19 (II) The test of English as a foreign language
20 (TOEFL), by ETS;
21 (III) A high school or college level English course;
22 (IV) The English examination for citizenship,
23 Immigration and Naturalization Service.
24
25 A notarized copy of an Educational Commission for Foreign
26 Medical Graduates (ECFMG) certificate may also be used to
27 demonstrate the ability to communicate in basic English.
28 b. Is an unlicensed physician who graduated from a
29 foreign medical school listed with the World Health
30 Organization who has not previously taken and failed the
31 examination of the National Commission on Certification of
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1 Physician Assistants and who has been certified by the Board
2 of Medicine as having met the requirements for licensure as a
3 medical doctor by examination as set forth in s. 458.311(1),
4 (3), (4), and (5), with the exception that the applicant is
5 not required to have completed an approved residency of at
6 least 1 year and the applicant is not required to have passed
7 the licensing examination specified under s. 458.311 or hold a
8 valid, active certificate issued by the Educational Commission
9 for Foreign Medical Graduates.
10 c. Was eligible and made initial application for
11 certification as a physician assistant in this state between
12 July 1, 1990, and June 30, 1991.
13 d. Was a resident of this state on July 1, 1990, or
14 was licensed or certified in any state in the United States as
15 a physician assistant on July 1, 1990.
16 2. The department may grant temporary licensure to an
17 applicant who meets the requirements of subparagraph 1.
18 Between meetings of the council, the department may grant
19 temporary licensure to practice based on the completion of all
20 temporary licensure requirements. All such administratively
21 issued licenses shall be reviewed and acted on at the next
22 regular meeting of the council. A temporary license expires
23 30 days after upon receipt and notice of scores to the
24 licenseholder from the first available examination specified
25 in subparagraph 1. following licensure by the department. An
26 applicant who fails the proficiency examination is no longer
27 temporarily licensed, but may apply for a one-time extension
28 of temporary licensure after reapplying for the next available
29 examination. Extended licensure shall expire upon failure of
30 the licenseholder to sit for the next available examination or
31
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1 upon receipt and notice of scores to the licenseholder from
2 such examination.
3 3. Notwithstanding any other provision of law, the
4 examination specified pursuant to subparagraph 1. shall be
5 administered by the department only five times. Applicants
6 certified by the board for examination shall receive at least
7 6 months' notice of eligibility prior to the administration of
8 the initial examination. Subsequent examinations shall be
9 administered at 1-year intervals following the reporting of
10 the scores of the first and subsequent examinations. For the
11 purposes of this paragraph, the department may develop,
12 contract for the development of, purchase, or approve an
13 examination, including a practical component, that adequately
14 measures an applicant's ability to practice with reasonable
15 skill and safety. The minimum passing score on the
16 examination shall be established by the department, with the
17 advice of the board. Those applicants failing to pass that
18 examination or any subsequent examination shall receive notice
19 of the administration of the next examination with the notice
20 of scores following such examination. Any applicant who
21 passes the examination and meets the requirements of this
22 section shall be licensed as a physician assistant with all
23 rights defined thereby.
24 (c) The license must be renewed biennially. Each
25 renewal must include:
26 1. A renewal fee not to exceed $500 as set by the
27 boards.
28 2. A sworn statement of no felony convictions in the
29 previous 2 years.
30 (d) Each licensed physician assistant shall biennially
31 complete 100 hours of continuing medical education or shall
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1 hold a current certificate issued by the National Commission
2 on Certification of Physician Assistants.
3 (e) Upon employment as a physician assistant, a
4 licensed physician assistant must notify the department in
5 writing within 30 days after such employment or after any
6 subsequent changes in the supervising physician. The
7 notification must include the full name, Florida medical
8 license number, specialty, and address of the supervising
9 physician.
10 (f) Notwithstanding subparagraph (a)2., the department
11 may grant to a recent graduate of an approved program, as
12 specified in subsection (6), who expects to take the first
13 examination administered by the National Commission on
14 Certification of Physician Assistants available for
15 registration after the applicant's graduation, a temporary
16 license. The temporary license shall to expire 30 days after
17 upon receipt of scores of the proficiency examination
18 administered by the National Commission on Certification of
19 Physician Assistants. Between meetings of the council, the
20 department may grant a temporary license to practice based on
21 the completion of all temporary licensure requirements. All
22 such administratively issued licenses shall be reviewed and
23 acted on at the next regular meeting of the council. The
24 recent graduate may be licensed prior to employment, but must
25 comply with paragraph (e). An applicant who has passed the
26 proficiency examination may be granted permanent licensure. An
27 applicant failing the proficiency examination is no longer
28 temporarily licensed, but may reapply for a 1-year extension
29 of temporary licensure. An applicant may not be granted more
30 than two temporary licenses and may not be licensed as a
31 physician assistant until he or she passes the examination
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1 administered by the National Commission on Certification of
2 Physician Assistants. As prescribed by board rule, the council
3 may require an applicant who does not pass the licensing
4 examination after five or more attempts to complete additional
5 remedial education or training. The council shall prescribe
6 the additional requirements in a manner that permits the
7 applicant to complete the requirements and be reexamined
8 within 2 years after the date the applicant petitions the
9 council to retake the examination a sixth or subsequent time.
10 (g) The Board of Medicine may impose any of the
11 penalties specified in ss. 455.624 and 458.331(2) upon a
12 physician assistant if the physician assistant or the
13 supervising physician has been found guilty of or is being
14 investigated for any act that constitutes a violation of this
15 chapter or part II of chapter 455.
16 Section 35. Section 459.005, Florida Statutes, 1998
17 Supplement, is amended to read:
18 459.005 Rulemaking authority.--
19 (1) The board has authority to adopt rules pursuant to
20 ss. 120.536(1) and 120.54 to implement the provisions of this
21 chapter conferring duties upon it.
22 (2) All physicians who perform level 2 procedures
23 lasting more than 5 minutes and all level 3 surgical
24 procedures in an office setting must register the office with
25 the department unless that office is licensed as a facility
26 pursuant to chapter 395. The department shall inspect the
27 physician's office annually unless the office is accredited by
28 a nationally recognized accrediting agency or an accrediting
29 organization subsequently approved by the board. The actual
30 costs for registration and inspection or accreditation shall
31
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1 be paid by the person seeking to register and operate the
2 office setting in which office surgery is performed.
3 Section 36. Subsection (7) is added to section
4 459.0075, Florida Statutes, to read:
5 459.0075 Limited licenses.--
6 (7) Any person holding an active license to practice
7 osteopathic medicine in the state may convert that license to
8 a limited license for the purpose of providing volunteer,
9 uncompensated care for low-income Floridians. The applicant
10 must submit a statement from the employing agency or
11 institution stating that he or she will not receive
12 compensation for any service involving the practice of
13 osteopathic medicine. The application and all licensure fees,
14 including neurological injury compensation assessments, shall
15 be waived.
16 Section 37. Subsection (1) of section 459.008, Florida
17 Statutes, 1998 Supplement, is amended to read:
18 459.008 Renewal of licenses and certificates.--
19 (1) The department shall renew a license or
20 certificate upon receipt of the renewal application and fee.
21 An applicant for a renewed license must also submit the
22 information required under s. 455.565 to the department on a
23 form and under procedures specified by the department, along
24 with payment in an amount equal to the costs incurred by the
25 Department of Health for the statewide criminal background
26 check of the applicant. An The applicant for a renewed license
27 who received an initial license in this state after January 1,
28 1992, must submit a set of fingerprints to the Department of
29 Health on a form and under procedures specified by the
30 department, along with payment in an amount equal to the costs
31 incurred by the department for a national criminal background
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1 check of the applicant for the initial renewal of his or her
2 license after January 1, 2000. If the applicant fails to
3 submit either the information required under s. 455.565 or a
4 set of fingerprints to the department as required by this
5 section, the department shall issue a notice of noncompliance,
6 and the applicant will be given 30 additional days to comply.
7 If the applicant fails to comply within 30 days after the
8 notice of noncompliance is issued, the department or board, as
9 appropriate, may issue a citation to the applicant and may
10 fine the applicant up to $50 for each day that the applicant
11 is not in compliance with the requirements of s. 455.565. The
12 citation must clearly state that the applicant may choose, in
13 lieu of accepting the citation, to follow the procedure under
14 s. 455.621. If the applicant disputes the matter in the
15 citation, the procedures set forth in s. 455.621 must be
16 followed. However, if the applicant does not dispute the
17 matter in the citation with the department within 30 days
18 after the citation is served, the citation becomes a final
19 order and constitutes discipline. Service of a citation may be
20 made by personal service or certified mail, restricted
21 delivery, to the subject at the applicant's last known
22 address. The department may not delay renewing a license due
23 to the processing of a statewide criminal history check or a
24 national criminal background check. If an applicant has
25 received an initial license to practice in this state after
26 January 1, 1992, and has submitted fingerprints to the
27 department for a national criminal history check upon initial
28 licensure and is renewing his or her license for the first
29 time, then the applicant need only submit the information and
30 fee required for a statewide criminal history check.
31
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1 Section 38. Paragraph (oo) is added to subsection (1)
2 of section 459.015, Florida Statutes, 1998 Supplement, and
3 subsection (2) of that section is amended, to read:
4 459.015 Grounds for disciplinary action by the
5 board.--
6 (1) The following acts shall constitute grounds for
7 which the disciplinary actions specified in subsection (2) may
8 be taken:
9 (oo) 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, or certify with restrictions,
17 to the department an application for certification, licensure,
18 renewal, or reactivation.
19 (b) Revocation or suspension of a license or
20 certificate.
21 (c) Restriction of practice.
22 (d) Imposition of an administrative fine not to exceed
23 $10,000 $5,000 for each count or separate offense.
24 (e) Issuance of a reprimand.
25 (f) Issuance of a letter of concern.
26 (g) Placement of the osteopathic physician on
27 probation for a period of time and subject to such conditions
28 as the board may specify, including, but not limited to,
29 requiring the osteopathic physician to submit to treatment,
30 attend continuing education courses, submit to reexamination,
31
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1 or work under the supervision of another osteopathic
2 physician.
3 (h) Corrective action.
4 (i) Refund of fees billed to and collected from the
5 patient.
6 (j) Imposition of an administrative fine in accordance
7 with s. 381.0261 for violations regarding patient rights.
8
9 In determining what action is appropriate, the board must
10 first consider what sanctions are necessary to protect the
11 public or to compensate the patient. Only after those
12 sanctions have been imposed may the disciplining authority
13 consider and include in the order requirements designed to
14 rehabilitate the physician. All costs associated with
15 compliance with orders issued under this subsection are the
16 obligation of the physician.
17 Section 39. Subsection (6) is added to section
18 460.402, Florida Statutes, to read:
19 460.402 Exceptions.--The provisions of this chapter
20 shall not apply to:
21 (6) A chiropractic student enrolled in a chiropractic
22 college accredited by the Council on Chiropractic Education
23 and participating in a community-based internship under the
24 direct supervision of a doctor of chiropractic medicine who is
25 credentialed as an adjunct faculty member of a chiropractic
26 college in which the student is enrolled.
27 Section 40. Present subsections (4) through (10) of
28 section 460.403, Florida Statutes, 1998 Supplement, are
29 renumbered as subsections (5) through (11), respectively, a
30 new subsection (4) is added to that section, and present
31 subsections (6) and (9) are amended, to read:
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1 460.403 Definitions.--As used in this chapter, the
2 term:
3 (4) "Community-based internship" means a program in
4 which a student enrolled in the last year of a chiropractic
5 college accredited by the Council on Chiropractic Education is
6 approved to obtain required pregraduation clinical experience
7 in a chiropractic clinic or practice under the direct
8 supervision of a doctor of chiropractic medicine approved as
9 an adjunct faculty member of the chiropractic college in which
10 the student is enrolled, according to the teaching protocols
11 for the clinical practice requirements of the college.
12 (7)(6) "Direct supervision" means responsible
13 supervision and control, with the licensed chiropractic
14 physician assuming legal liability for the services rendered
15 by a registered chiropractic assistant or a chiropractic
16 student enrolled in a community-based intern program. Except
17 in cases of emergency, direct supervision shall require the
18 physical presence of the licensed chiropractic physician for
19 consultation and direction of the actions of the registered
20 chiropractic assistant or a chiropractic student enrolled in a
21 community-based intern program. The board shall further
22 establish rules as to what constitutes responsible direct
23 supervision of a registered chiropractic assistant.
24 (10)(9) "Registered chiropractic assistant" means a
25 person who is registered by the board to perform chiropractic
26 services under the direct supervision of a chiropractic
27 physician or certified chiropractic physician's assistant.
28 Section 41. Subsection (1) of section 460.406, Florida
29 Statutes, 1998 Supplement, is amended to read:
30 460.406 Licensure by examination.--
31
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1 (1) Any person desiring to be licensed as a
2 chiropractic physician shall apply to the department to take
3 the licensure examination. There shall be an application fee
4 set by the board not to exceed $100 which shall be
5 nonrefundable. There shall also be an examination fee not to
6 exceed $500 plus the actual per applicant cost to the
7 department for purchase of portions of the examination from
8 the National Board of Chiropractic Examiners or a similar
9 national organization, which may be refundable if the
10 applicant is found ineligible to take the examination. The
11 department shall examine each applicant who the board
12 certifies has:
13 (a) Completed the application form and remitted the
14 appropriate fee.
15 (b) Submitted proof satisfactory to the department
16 that he or she is not less than 18 years of age.
17 (c) Submitted proof satisfactory to the department
18 that he or she is a graduate of a chiropractic college which
19 is accredited by or has status with the Council on
20 Chiropractic Education or its predecessor agency. However, any
21 applicant who is a graduate of a chiropractic college that was
22 initially accredited by the Council on Chiropractic Education
23 in 1995, who graduated from such college within the 4 years
24 immediately preceding such accreditation, and who is otherwise
25 qualified shall be eligible to take the examination. No
26 application for a license to practice chiropractic medicine
27 shall be denied solely because the applicant is a graduate of
28 a chiropractic college that subscribes to one philosophy of
29 chiropractic medicine as distinguished from another.
30 (d)1. For an applicant who has matriculated in a
31 chiropractic college prior to July 2, 1990, completed at least
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1 2 years of residence college work, consisting of a minimum of
2 one-half the work acceptable for a bachelor's degree granted
3 on the basis of a 4-year period of study, in a college or
4 university accredited by an accrediting agency recognized and
5 approved by the United States Department of Education.
6 However, prior to being certified by the board to sit for the
7 examination, each applicant who has matriculated in a
8 chiropractic college after July 1, 1990, shall have been
9 granted a bachelor's degree, based upon 4 academic years of
10 study, by a college or university accredited by a regional
11 accrediting agency which is a member of the Commission on
12 Recognition of Postsecondary Accreditation.
13 2. Effective July 1, 2000, completed, prior to
14 matriculation in a chiropractic college, at least 3 years of
15 residence college work, consisting of a minimum of 90 semester
16 hours leading to a bachelor's degree in a liberal arts college
17 or university accredited by an accrediting agency recognized
18 and approved by the United States Department of Education.
19 However, prior to being certified by the board to sit for the
20 examination, each applicant who has matriculated in a
21 chiropractic college after July 1, 2000, shall have been
22 granted a bachelor's degree from an institution holding
23 accreditation for that degree from a regional accrediting
24 agency which is recognized by the United States Department of
25 Education. The applicant's chiropractic degree must consist
26 of credits earned in the chiropractic program and may not
27 include academic credit for courses from the bachelor's
28 degree.
29 (e) Completed not less than a 3-month training program
30 in this state of not less than 300 hours with a chiropractic
31 physician licensed in this state. The chiropractic physician
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1 candidate may perform all services offered by the licensed
2 chiropractic physician, but must be under the supervision of
3 the licensed chiropractic physician until the results of the
4 first licensure examination for which the candidate has
5 qualified have been received, at which time the candidate's
6 training program shall be terminated. However, an applicant
7 who has practiced chiropractic medicine in any other state,
8 territory, or jurisdiction of the United States or any foreign
9 national jurisdiction for at least 5 years as a licensed
10 chiropractic physician need not be required to complete the
11 3-month training program as a requirement for licensure.
12 (e)(f) Successfully completed the National Board of
13 Chiropractic Examiners certification examination in parts I
14 and II and clinical competency, with a score approved by the
15 board, within 10 years immediately preceding application to
16 the department for licensure.
17 (f)(g) Submitted to the department a set of
18 fingerprints 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 of Health for the criminal
21 background check of the applicant.
22 Section 42. Subsection (1) of section 460.407, Florida
23 Statutes, 1998 Supplement, is amended to read:
24 460.407 Renewal of license.--
25 (1) The department shall renew a license upon receipt
26 of the renewal application and the fee set by the board not to
27 exceed $500. An applicant for a renewed license must also
28 submit the information required under s. 455.565 to the
29 department on a form and under procedures specified by the
30 department, along with payment in an amount equal to the costs
31 incurred by the Department of Health for the statewide
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1 criminal background check of the applicant. An The applicant
2 for a renewed license who received an initial license in this
3 state after January 1, 1992, must submit a set of fingerprints
4 to the Department of Health on a form and under procedures
5 specified by the department, along with payment in an amount
6 equal to the costs incurred by the department for a national
7 criminal background check of the applicant for the initial
8 renewal of his or her license after January 1, 2000. If the
9 applicant fails to submit either the information required
10 under s. 455.565 or a set of fingerprints to the department as
11 required by this section, the department shall issue a notice
12 of noncompliance, and the applicant will be given 30
13 additional days to comply. If the applicant fails to comply
14 within 30 days after the notice of noncompliance is issued,
15 the department or board, as appropriate, may issue a citation
16 to the applicant and may fine the applicant up to $50 for each
17 day that the applicant is not in compliance with the
18 requirements of s. 455.565. The citation must clearly state
19 that the applicant may choose, in lieu of accepting the
20 citation, to follow the procedure under s. 455.621. If the
21 applicant disputes the matter in the citation, the procedures
22 set forth in s. 455.621 must be followed. However, if the
23 applicant does not dispute the matter in the citation with the
24 department within 30 days after the citation is served, the
25 citation becomes a final order and constitutes discipline.
26 Service of a citation may be made by personal service or
27 certified mail, restricted delivery, to the subject at the
28 applicant's last known address. The department may not delay
29 renewing a license due to the processing of a statewide
30 criminal history check or a national criminal background
31 check. If an applicant has received an initial license to
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1 practice in this state after January 1, 1992, and has
2 submitted fingerprints to the department for a national
3 criminal history check upon initial licensure and is renewing
4 his or her license for the first time, then the applicant need
5 only submit the information and fee required for a statewide
6 criminal history check.
7 Section 43. Paragraphs (p) and (dd) of subsection (1)
8 and paragraph (b) of subsection (2) of section 460.413,
9 Florida Statutes, 1998 Supplement, are amended to read:
10 460.413 Grounds for disciplinary action; action by the
11 board.--
12 (1) The following acts shall constitute grounds for
13 which the disciplinary actions specified in subsection (2) may
14 be taken:
15 (p) Prescribing, dispensing, or administering any
16 medicinal drug except as authorized by s. 460.403(9)(c)2. s.
17 460.403(8)(c)2., performing any surgery, or practicing
18 obstetrics.
19 (dd) Using acupuncture without being certified
20 pursuant to s. 460.403(9)(f) s. 460.403(8)(f).
21 (2) When the board finds any person guilty of any of
22 the grounds set forth in subsection (1), it may enter an order
23 imposing one or more of the following penalties:
24 (d) Imposition of an administrative fine not to exceed
25 $10,000 $2,000 for each count or separate offense.
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 chiropractic physician. All costs associated
2 with compliance with orders issued under this subsection are
3 the obligation of the chiropractic physician.
4 Section 44. Section 460.4165, Florida Statutes, is
5 amended to read:
6 460.4165 Certified chiropractic physician's
7 assistants.--
8 (1) LEGISLATIVE INTENT.--The purpose of this section
9 is to encourage the more effective utilization of the skills
10 of chiropractic physicians by enabling them to delegate health
11 care tasks to qualified assistants when such delegation is
12 consistent with the patient's health and welfare and to allow
13 for innovative development of programs for the education of
14 physician's assistants.
15 (2) PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S
16 ASSISTANT.--Notwithstanding any other provision of law, a
17 certified chiropractic physician's assistant may perform
18 chiropractic services in the specialty area or areas for which
19 the certified chiropractic physician's assistant is trained or
20 experienced when such services are rendered under the
21 supervision of a licensed chiropractic physician or group of
22 chiropractic physicians certified by the board. Any certified
23 chiropractic physician's assistant certified under this
24 section to perform services may perform those services only:
25 (a) In the office of the chiropractic physician to
26 whom the certified chiropractic physician's assistant has been
27 assigned, in which office such physician maintains her or his
28 primary practice;
29 (b) Under indirect supervision of When the
30 chiropractic physician to whom she or he is assigned as
31 defined by rule of the board is present;
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1 (c) In a hospital in which the chiropractic physician
2 to whom she or he is assigned is a member of the staff; or
3 (d) On calls outside of the said office of the
4 chiropractic physician to whom she or he is assigned, on the
5 direct order of the chiropractic physician to whom she or he
6 is assigned.
7 (3) THIRD-PARTY PAYORS.--This chapter does not prevent
8 third-party payors from reimbursing employers of chiropractic
9 physicians' assistants for covered services rendered by
10 certified chiropractic physicians' assistants.
11 (4)(3) PERFORMANCE BY TRAINEES.--Notwithstanding any
12 other provision of law, a trainee may perform chiropractic
13 services when such services are rendered within the scope of
14 an approved program.
15 (5)(4) PROGRAM APPROVAL.--The department shall issue
16 certificates of approval for programs for the education and
17 training of certified chiropractic physician's assistants
18 which meet board standards. Any basic program curriculum
19 certified by the board shall cover a period of 24 months. The
20 curriculum must consist of at least 200 didactic classroom
21 hours during those 24 months.
22 (a) In developing criteria for program approval, the
23 board shall give consideration to, and encourage, the
24 utilization of equivalency and proficiency testing and other
25 mechanisms whereby full credit is given to trainees for past
26 education and experience in health fields.
27 (b) The board shall create groups of specialty
28 classifications of training for certified chiropractic
29 physician's assistants. These classifications shall reflect
30 the training and experience of the certified chiropractic
31 physician's assistant. The certified chiropractic physician's
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1 assistant may receive training in one or more such
2 classifications, which shall be shown on the certificate
3 issued.
4 (c) The board shall adopt and publish standards to
5 ensure that such programs operate in a manner which does not
6 endanger the health and welfare of the patients who receive
7 services within the scope of the program. The board shall
8 review the quality of the curricula, faculties, and facilities
9 of such programs; issue certificates of approval; and take
10 whatever other action is necessary to determine that the
11 purposes of this section are being met.
12 (6)(5) APPLICATION APPROVAL.--Any person desiring to
13 be licensed as a certified chiropractic physician's assistant
14 must apply to the department. The department shall issue a
15 certificate to any person certified by the board as having met
16 the following requirements:
17 (a) Is at least 18 years of age.
18 (b) Is a graduate of an approved program or its
19 equivalent and is fully certified by reason of experience and
20 education, as defined by board rule, to perform chiropractic
21 services under the responsible supervision of a licensed
22 chiropractic physician and when the board is satisfied that
23 the public will be adequately protected by the arrangement
24 proposed in the application.
25 (c) Has completed the application form and remitted an
26 application fee set by the board pursuant to this section. An
27 application for certification made by a chiropractic
28 physician's assistant must include:
29 1. A certificate of completion of a chiropractic
30 physician's assistant training program specified in subsection
31 (5).
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1 2. A sworn statement of any prior felony conviction in
2 any jurisdiction.
3 3. A sworn statement of any previous revocation or
4 denial of licensure or certification in any state or
5 jurisdiction.
6 (a) The board shall adopt rules for the consideration
7 of applications by a licensed chiropractic physician or a
8 group of licensed chiropractic physicians to supervise
9 certified chiropractic physician's assistants. Each
10 application made by a chiropractic physician or group of
11 chiropractic physicians shall include all of the following:
12 1. The qualifications, including related experience,
13 of the certified chiropractic physician's assistant intended
14 to be employed.
15 2. The professional background and specialty of the
16 chiropractic physician or the group of chiropractic
17 physicians.
18 3. A description by the chiropractic physician of her
19 or his practice, or by the chiropractic physicians of their
20 practice, and of the way in which the assistant or assistants
21 are to be utilized.
22
23 The board shall certify an application by a licensed
24 chiropractic physician to supervise a certified chiropractic
25 physician's assistant when the proposed assistant is a
26 graduate of an approved program or its equivalent and is fully
27 qualified by reason of experience and education to perform
28 chiropractic services under the responsible supervision of a
29 licensed chiropractic physician and when the board is
30 satisfied that the public will be adequately protected by the
31 arrangement proposed in the application.
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1 (b) The board shall certify no more than two certified
2 chiropractic physician's assistants for any chiropractic
3 physician practicing alone; no more than four chiropractic
4 physician's assistants for two chiropractic physicians
5 practicing together formally or informally; or no more than a
6 ratio of two certified chiropractic physician's assistants to
7 three chiropractic physicians in any group of chiropractic
8 physicians practicing together formally or informally.
9 (7)(6) PENALTY.--Any person who has not been certified
10 by the board and approved by the department and who represents
11 herself or himself as a certified chiropractic physician's
12 assistant or who uses any other term in indicating or implying
13 that she or he is a certified chiropractic physician's
14 assistant is guilty of a felony of the third degree,
15 punishable as provided in s. 775.082 or s. 775.084 or by a
16 fine not exceeding $5,000.
17 (8)(7) REVOCATION OF APPROVAL.--The certificate of
18 approval to supervise a certified chiropractic physician's
19 assistant held by any chiropractic physician or group of
20 chiropractic physicians may be revoked when the board
21 determines that the intent of this section is not being
22 carried out.
23 (9)(8) FEES.--
24 (a) A fee not to exceed $100 set by the board shall
25 accompany the application by a chiropractic physician for
26 authorization to supervise a certified chiropractic
27 physician's assistant.
28 (b) Upon approval of an application for certification
29 of a certified chiropractic physician's assistant in a
30 specialty area, the applicant shall be charged an initial
31 certification fee for the first biennium not to exceed $250;
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1 and a biennial renewal fee not to exceed $250 shall accompany
2 each application for renewal of the certified chiropractic
3 physician's assistant certificate.
4 (10)(9) EXISTING PROGRAMS.--Nothing in this section
5 shall be construed to eliminate or supersede existing laws
6 relating to other paramedical professions or services. It is
7 the intent of this section to supplement all such existing
8 programs relating to the certification and the practice of
9 paramedical professions as may be authorized by law.
10 (11)(10) LIABILITY.--Each chiropractic physician or
11 group of chiropractic physicians utilizing certified
12 chiropractic physician's assistants shall be liable for any
13 act or omission of any physician's assistant acting under her
14 or his or its supervision and control.
15 (12) SUPERVISION OF REGISTERED CHIROPRACTIC
16 ASSISTANT.--A certified chiropractic physician's assistant may
17 directly supervise a registered chiropractic assistant and
18 other persons who are not licensed as chiropractic physicians
19 who are employed or supervised by the chiropractic physician
20 to whom the certified chiropractic physician's assistant is
21 assigned.
22 (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION
23 RENEWAL.--The certification must be renewed biennially.
24 (a) Each renewal must include:
25 1. A renewal fee as set by board pursuant to this
26 section.
27 2. A sworn statement of no felony convictions in the
28 previous 2 years in any jurisdiction.
29 (b) Each certified chiropractic physician's assistant
30 shall biennially complete 24 hours of continuing education
31 courses sponsored by chiropractic colleges accredited by the
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1 Council on Chiropractic Education and approved by the board.
2 The board shall approve those courses that build upon the
3 basic courses required for the practice of chiropractic
4 medicine, and the board may also approve courses in adjunctive
5 modalities. The board may make exception from the requirements
6 of this section in emergency or hardship cases. The board may
7 adopt rules within the requirements of this section which are
8 necessary for its implementation.
9 (c) Upon employment as a certified chiropractic
10 physician's assistant, a certified chiropractic physician's
11 assistant must notify the department in writing within 30 days
12 after such employment or any change of the supervising
13 chiropractic physician. The notification must include the full
14 name, Florida chiropractic medical license number, specialty,
15 and address of the supervising chiropractic physician.
16 Section 45. Persons holding certificates as certified
17 chiropractic physicians' assistants on the effective date of
18 this act need not reapply for certification, but must comply
19 with biennial renewal requirements as provided in section
20 460.4165(6), Florida Statutes. The requirement for completion
21 of the continuing education requirements for biennial renewal
22 of the certificate shall not take effect until the beginning
23 of the next biennial renewal period following the effective
24 date of this act.
25 Section 46. Section 460.4166, Florida Statutes, is
26 amended to read:
27 460.4166 Registered chiropractic assistants.--
28 (1) DEFINITION.--As used in this section, "registered
29 chiropractic assistant" means a professional, multiskilled
30 person dedicated to assisting in all aspects of chiropractic
31 medical practice under the direct supervision and
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1 responsibility of a chiropractic physician or certified
2 chiropractic physician's assistant. A registered chiropractic
3 assistant assists with patient care management, executes
4 administrative and clinical procedures, and often performs
5 managerial and supervisory functions. Competence in the field
6 also requires that a registered chiropractic assistant adhere
7 to ethical and legal standards of professional practice,
8 recognize and respond to emergencies, and demonstrate
9 professional characteristics.
10 (2) DUTIES.--Under the direct supervision and
11 responsibility of a licensed chiropractic physician or
12 certified chiropractic physician's assistant, a registered
13 chiropractic assistant may:
14 (a) Perform clinical procedures, which include:
15 1. Preparing patients for the chiropractic physician's
16 care.
17 2. Taking vital signs.
18 3. Observing and reporting patients' signs or
19 symptoms.
20 (b) Administer basic first aid.
21 (c) Assist with patient examinations or treatments
22 other than manipulations or adjustments.
23 (d) Operate office equipment.
24 (e) Collect routine laboratory specimens as directed
25 by the chiropractic physician or certified chiropractic
26 physician's assistant.
27 (f) Administer nutritional supplements as directed by
28 the chiropractic physician or certified chiropractic
29 physician's assistant.
30 (g) Perform office procedures required by the
31 chiropractic physician or certified chiropractic physician's
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1 assistant under direct supervision of the chiropractic
2 physician or certified chiropractic physician's assistant.
3 (3) REGISTRATION.--Registered chiropractic assistants
4 may be registered by the board for a biennial fee not to
5 exceed $25.
6 Section 47. Section 461.003, Florida Statutes, 1998
7 Supplement, is amended to read:
8 461.003 Definitions.--As used in this chapter:
9 (1) "Department" means the Department of Health.
10 (1)(2) "Board" means the Board of Podiatric Medicine
11 as created in this chapter.
12 (2) "Certified podiatric X-ray assistant" means a
13 person who is employed by and under the direct supervision of
14 a licensed podiatric physician to perform only those
15 radiographic functions that are within the scope of practice
16 of a podiatric physician licensed under this chapter. For
17 purposes of this subsection, the term "direct supervision"
18 means supervision whereby a podiatric physician orders the X
19 ray, remains on the premises while the X ray is being
20 performed and exposed, and approves the work performed before
21 dismissal of the patient.
22 (3) "Department" means the Department of Health.
23 (3) "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 (4) "Podiatric physician" means any person licensed to
4 practice podiatric medicine pursuant to this chapter.
5 (5) "Practice of podiatric medicine" means the
6 diagnosis or medical, surgical, palliative, and mechanical
7 treatment of ailments of the human foot and leg. The surgical
8 treatment of ailments of the human foot and leg shall be
9 limited anatomically to that part below the anterior tibial
10 tubercle. The practice of podiatric medicine shall include
11 the amputation of the toes or other parts of the foot but
12 shall not include the amputation of the foot or leg in its
13 entirety. A podiatric physician may prescribe drugs that
14 relate specifically to the scope of practice authorized
15 herein.
16 Section 48. Paragraph (d) of subsection (1) of section
17 461.006, Florida Statutes, 1998 Supplement, is amended to
18 read:
19 461.006 Licensure by examination.--
20 (1) Any person desiring to be licensed as a podiatric
21 physician shall apply to the department to take the licensure
22 examination. The department shall examine each applicant who
23 the board certifies:
24 (d) Beginning October 1, 1995, Has satisfactorily
25 completed one of the following clinical experience
26 requirements:
27 1. One year of residency in a residency program
28 approved by the board, and if it has been 4 or more years
29 since the completion of that residency, active licensed
30 practice of podiatric medicine in another jurisdiction for at
31 least 2 of the immediately preceding 4 years, or successful
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1 completion of a board-approved postgraduate program or
2 board-approved course within the year preceding the filing of
3 the application. For the purpose of this subparagraph, "active
4 licensed practice" means the licensed practice of podiatric
5 medicine as defined in s. 461.003(5) by podiatric physicians,
6 including podiatric physicians employed by any governmental
7 entity, on the active teaching faculty of an accredited school
8 of podiatric medicine, or practicing administrative podiatric
9 medicine.
10 2. Ten years of continuous, active licensed practice
11 of podiatric medicine in another state immediately preceding
12 the submission of the application and completion of at least
13 the same continuing educational requirements during those 10
14 years as are required of podiatric physicians licensed in this
15 state.
16 Section 49. Subsection (1) of section 461.007, Florida
17 Statutes, 1998 Supplement, is amended to read:
18 461.007 Renewal of license.--
19 (1) The department shall renew a license upon receipt
20 of the renewal application and a fee not to exceed $350 set by
21 the board, and evidence that the applicant has actively
22 practiced podiatric medicine or has been on the active
23 teaching faculty of an accredited school of podiatric medicine
24 for at least 2 years of the immediately preceding 4 years. If
25 the licensee has not actively practiced podiatric medicine for
26 at least 2 years of the immediately preceding 4 years, the
27 board shall require that the licensee successfully complete a
28 board-approved course prior to renewal of the license. For
29 purposes of this subsection, "actively practiced podiatric
30 medicine" means the licensed practice of podiatric medicine as
31 defined in s. 461.003(5) by podiatric physicians, including
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1 podiatric physicians employed by any governmental entity, on
2 the active teaching faculty of an accredited school of
3 podiatric medicine, or practicing administrative podiatric
4 medicine. An applicant for a renewed license must also submit
5 the information required under s. 455.565 to the department on
6 a form and under procedures specified by the department, along
7 with payment in an amount equal to the costs incurred by the
8 Department of Health for the statewide criminal background
9 check of the applicant. An The applicant for a renewed license
10 who received an initial license in this state after January 1,
11 1992, must submit a set of fingerprints to the Department of
12 Health on a form and under procedures specified by the
13 department, along with payment in an amount equal to the costs
14 incurred by the department for a national criminal background
15 check of the applicant for the initial renewal of his or her
16 license after January 1, 2000. If the applicant fails to
17 submit either the information required under s. 455.565 or a
18 set of fingerprints to the department as required by this
19 section, the department shall issue a notice of noncompliance,
20 and the applicant will be given 30 additional days to comply.
21 If the applicant fails to comply within 30 days after the
22 notice of noncompliance is issued, the department or board, as
23 appropriate, may issue a citation to the applicant and may
24 fine the applicant up to $50 for each day that the applicant
25 is not in compliance with the requirements of s. 455.565. The
26 citation must clearly state that the applicant may choose, in
27 lieu of accepting the citation, to follow the procedure under
28 s. 455.621. If the applicant disputes the matter in the
29 citation, the procedures set forth in s. 455.621 must be
30 followed. However, if the applicant does not dispute the
31 matter in the citation with the department within 30 days
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1 after the citation is served, the citation becomes a final
2 order and constitutes discipline. Service of a citation may be
3 made by personal service or certified mail, restricted
4 delivery, to the subject at the applicant's last known
5 address. The department may not delay renewing a license due
6 to the processing of a statewide criminal history check or a
7 national criminal background check. If an applicant has
8 received an initial license to practice in this state after
9 January 1, 1992, and has submitted fingerprints to the
10 department for a national criminal history check upon initial
11 licensure and is renewing his or her license for the first
12 time, then the applicant need only submit the information and
13 fee required for a statewide criminal history check.
14 Section 50. Paragraph (bb) is added to subsection (1)
15 of section 461.013, Florida Statutes, 1998 Supplement, and
16 subsection (2) of that section is amended, to read:
17 461.013 Grounds for disciplinary action; action by the
18 board; investigations by department.--
19 (1) The following acts shall constitute grounds for
20 which the disciplinary actions specified in subsection (2) may
21 be taken:
22 (bb) Failing to comply with the requirements of ss.
23 381.026 and 381.0261 to provide patients with information
24 about their patient rights and how to file a patient
25 complaint.
26 (2) When the board finds any person guilty of any of
27 the grounds set forth in subsection (1), it may enter an order
28 imposing one or more of the following penalties:
29 (a) Refusal to certify to the department an
30 application for licensure.
31 (b) Revocation or suspension of a license.
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1 (c) Restriction of practice.
2 (d) Imposition of an administrative fine not to exceed
3 $10,000 $1,000 for each count or separate offense.
4 (e) Issuance of a reprimand.
5 (f) Placing the podiatric physician on probation for a
6 period of time and subject to such conditions as the board may
7 specify, including requiring the podiatric physician to submit
8 to treatment, to attend continuing education courses, to
9 submit to reexamination, and to work under the supervision of
10 another podiatric physician.
11 (g) Imposition of an administrative fine in accordance
12 with s. 381.0261 for violations regarding patient rights.
13 Section 51. Section 461.0135, Florida Statutes, is
14 created to read:
15 461.0135 Operation of X-ray machines by podiatric
16 X-ray assistants.--A licensed podiatric physician may utilize
17 an X-ray machine, expose X-ray films, and interpret or read
18 such films. The provision of part IV of chapter 468 to the
19 contrary notwithstanding, a licensed podiatric physician may
20 authorize or direct a certified podiatric X-ray assistant to
21 operate such equipment and expose such films under the
22 licensed podiatric physician's direction and supervision,
23 pursuant to rules adopted by the board in accordance with s.
24 461.004, which ensures that such certified podiatric X-ray
25 assistant is competent to operate such equipment in a safe and
26 efficient manner by reason of training, experience, and
27 passage of a board-approved course which includes an
28 examination. The board shall issue a certificate to an
29 individual who successfully completes the board-approved
30 course and passes the examination to be administered by the
31 training authority upon completion of such course.
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1 Section 52. Subsection (3) is added to section
2 464.008, Florida Statutes, to read:
3 464.008 Licensure by examination.--
4 (3) Any applicant who fails the examination three
5 consecutive times, regardless of the jurisdiction in which the
6 examination is taken, shall be required to complete a
7 board-approved remedial course before the applicant will be
8 approved for reexamination. After taking the remedial course,
9 the applicant may be approved to retake the examination up to
10 three additional times before the applicant is required to
11 retake remediation. The applicant shall apply for
12 reexamination within 6 months after completion of remediation.
13 The board shall by rule establish guidelines for remedial
14 courses.
15 Section 53. Subsection (13) is added to section
16 464.022, Florida Statutes, to read:
17 464.022 Exceptions.--No provision of this chapter
18 shall be construed to prohibit:
19 (13) The practice of nursing by individuals enrolled
20 in board-approved remedial courses.
21 Section 54. Subsections (4) through (14) of section
22 465.003, Florida Statutes, are renumbered as subsections (5)
23 through (15), respectively, and a new subsection (4) is added
24 to that section, to read:
25 465.003 Definitions.--As used in this chapter, the
26 term:
27 (4) "Data communication device" means an electronic
28 device that receives electronic information from one source
29 and transmits or routes it to another, including, but not
30 limited to, any such bridge, router, switch, or gateway.
31
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1 Section 55. Paragraph (l) of subsection (1) and
2 paragraph (c) of subsection (2) of section 465.016, Florida
3 Statutes, are amended, and paragraph (q) is added to
4 subsection (1) of that section, to read:
5 465.016 Disciplinary actions.--
6 (1) The following acts shall be grounds for
7 disciplinary action set forth in this section:
8 (l) Placing in the stock of any pharmacy any part of
9 any prescription compounded or dispensed which is returned by
10 a patient; however, in a hospital, nursing home, correctional
11 facility, or extended care facility in which unit-dose
12 medication is dispensed to inpatients, each dose being
13 individually sealed and the individual unit dose or unit-dose
14 system labeled with the name of the drug, dosage strength,
15 manufacturer's control number, and expiration date, if any,
16 the unused unit dose of medication may be returned to the
17 pharmacy for redispensing. Each pharmacist shall maintain
18 appropriate records for any unused or returned medicinal
19 drugs.
20 (q) Using or releasing a patient's records except as
21 authorized by this chapter and chapter 455.
22 (2) When the board finds any person guilty of any of
23 the grounds set forth in subsection (1), it may enter an order
24 imposing one or more of the following penalties:
25 (c) Imposition of an administrative fine not to exceed
26 $5,000 $1,000 for each count or separate offense.
27 Section 56. Section 465.014, Florida Statutes, is
28 amended to read:
29 465.014 Pharmacy technician.--No person other than a
30 licensed pharmacist or pharmacy intern may engage in the
31 practice of the profession of pharmacy, except that a licensed
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1 pharmacist may delegate to nonlicensed pharmacy technicians
2 those duties, tasks, and functions which do not fall within
3 the purview of s. 465.003(13)(12). All such delegated acts
4 shall be performed under the direct supervision of a licensed
5 pharmacist who shall be responsible for all such acts
6 performed by persons under his or her supervision. A pharmacy
7 technician, under the supervision of a pharmacist, may
8 initiate or receive communications with a practitioner or his
9 or her agent, on behalf of a patient, regarding refill
10 authorization requests. No licensed pharmacist shall
11 supervise more than one pharmacy technician unless otherwise
12 permitted by the guidelines adopted by the board. The board
13 shall establish guidelines to be followed by licensees or
14 permittees in determining the circumstances under which a
15 licensed pharmacist may supervise more than one but not more
16 than three pharmacy technicians.
17 Section 57. Paragraph (c) of subsection (2) of section
18 465.015, Florida Statutes, is amended to read:
19 465.015 Violations and penalties.--
20 (2) It is unlawful for any person:
21 (c) To sell or dispense drugs as defined in s.
22 465.003(8)(7) without first being furnished with a
23 prescription.
24 Section 58. Section 465.0196, Florida Statutes, is
25 amended to read:
26 465.0196 Special pharmacy permits.--Any person
27 desiring a permit to operate a pharmacy which does not fall
28 within the definitions set forth in s. 465.003(11)(10)(a)1.,
29 2., and 3. shall apply to the department for a special
30 pharmacy permit. If the board certifies that the application
31 complies with the applicable laws and rules of the board
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1 governing the practice of the profession of pharmacy, the
2 department shall issue the permit. No permit shall be issued
3 unless a licensed pharmacist is designated to undertake the
4 professional supervision of the compounding and dispensing of
5 all drugs dispensed by the pharmacy. The licensed pharmacist
6 shall be responsible for maintaining all drug records and for
7 providing for the security of the area in the facility in
8 which the compounding, storing, and dispensing of medicinal
9 drugs occurs. The permittee shall notify the department
10 within 10 days of any change of the licensed pharmacist
11 responsible for such duties.
12 Section 59. Subsection (3) of section 468.812, Florida
13 Statutes, is amended to read:
14 468.812 Exemptions from licensure.--
15 (3) The provisions of this act relating to orthotics
16 or pedorthics do not apply to any licensed pharmacist or to
17 any person acting under the supervision of a licensed
18 pharmacist. The practice of orthotics or pedorthics by a
19 pharmacist or any of the pharmacist's employees acting under
20 the supervision of a pharmacist shall be construed to be
21 within the meaning of the term "practice of the profession of
22 pharmacy" as set forth in s. 465.003(13)(12), and shall be
23 subject to regulation in the same manner as any other pharmacy
24 practice. The Board of Pharmacy shall develop rules regarding
25 the practice of orthotics and pedorthics by a pharmacist. Any
26 pharmacist or person under the supervision of a pharmacist
27 engaged in the practice of orthotics or pedorthics shall not
28 be precluded from continuing that practice pending adoption of
29 these rules.
30 Section 60. Subsection (19) of section 499.003,
31 Florida Statutes, is amended to read:
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1 499.003 Definitions of terms used in ss.
2 499.001-499.081.--As used in ss. 499.001-499.081, the term:
3 (19) "Legend drug," "prescription drug," or "medicinal
4 drug" means any drug, including, but not limited to, finished
5 dosage forms, or active ingredients subject to, defined by, or
6 described by s. 503(b) of the Federal Food, Drug, and Cosmetic
7 Act or s. 465.003(8)(7), s. 499.007(12), or s. 499.0122(1)(b)
8 or (c).
9 Section 61. (1) There is created within the
10 Department of Health a Task Force for the Study of
11 Collaborative Drug Therapy Management. The department shall
12 provide staff support for the task force. The task force shall
13 consist of not more than 10 members nominated by the
14 associations and entities named in this section and appointed
15 by the Secretary of Health. Members of the task force shall
16 not receive compensation, per diem, or reimbursement for
17 travel expenses for service on the task force. Participation
18 in the task force is optional and at the discretion of each
19 identified group or entity. The task force shall include:
20 (a) One representative from each of the following
21 associations:
22 1. Florida Society of Health-System Pharmacists.
23 2. Florida Pharmacy Association.
24 3. Florida Medical Association.
25 4. Florida Osteopathic Medical Association.
26 5. Florida Retail Federation.
27 (b) One representative from each of the following
28 entities:
29 1. Department of Health.
30
31
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1 2. Board of Medicine, which representative must be a
2 member of the board who is licensed under chapter 458, Florida
3 Statutes.
4 3. Board of Osteopathic Medicine, which representative
5 must be a member of the board who is licensed under chapter
6 459, Florida Statutes.
7 4. Board of Pharmacy, which representative must be a
8 member of the board who is licensed under chapter 465, Florida
9 Statutes.
10 5. Agency for Health Care Administration.
11 (2) The task force shall hold its first meeting no
12 later than August 1, 1999, and shall report its findings to
13 the President of the Senate, the Speaker of the House of
14 Representatives, and the chairs of the applicable legislative
15 committees of substance not later than December 31, 1999. All
16 task force meetings must be held in Tallahassee at the
17 department in order to minimize costs to the state.
18 (3) The task force shall be charged with the
19 responsibility to:
20 (a) Determine the states in which collaborative drug
21 therapy management has been enacted by law or administrative
22 rule and summarize the content of all such laws and rules.
23 (b) Receive testimony from interested parties and
24 identify the extent to which collaborative drug therapy
25 management is currently being practiced in this state and
26 other states.
27 (c) Determine the efficacy of collaborative drug
28 therapy management in improving health care outcomes of
29 patients.
30 Section 62. Section 466.021, Florida Statutes, is
31 amended to read:
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1 466.021 Employment of unlicensed persons by dentist;
2 penalty.--Every duly licensed dentist who uses the services of
3 any unlicensed person for the purpose of constructing,
4 altering, repairing, or duplicating any denture, partial
5 denture, bridge splint, or orthodontic or prosthetic appliance
6 shall be required to furnish such unlicensed person with a
7 written work order in such form as prescribed shall be
8 approved by rule of the board department. This form shall be
9 supplied to the dentist by the department at a cost not to
10 exceed that of printing and handling. The work order blanks
11 shall be assigned to individual dentists and are not
12 transferable. This form shall be dated and signed by such
13 dentist and shall include the patient's name or number with
14 sufficient descriptive information to clearly identify the
15 case for each separate and individual piece of work. A; said
16 work order shall be made in duplicate form, the duplicate copy
17 of such work order shall to be retained in a permanent file in
18 the dentist's office for a period of 2 years, and the original
19 work order shall to be retained in a permanent file for a
20 period of 2 years by such said unlicensed person in her or his
21 place of business. Such permanent file of work orders to be
22 kept by such dentist or by such unlicensed person shall be
23 open to inspection at any reasonable time by the department or
24 its duly constituted agent. Failure of the dentist to keep
25 such permanent records of such said work orders shall subject
26 the dentist to suspension or revocation of her or his license
27 to practice dentistry. Failure of such unlicensed person to
28 have in her or his possession a work order as required by this
29 section above defined shall be admissible evidence of a
30 violation of this chapter and shall constitute a misdemeanor
31 of the second degree, punishable as provided in s. 775.082 or
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1 s. 775.083. Nothing in this section shall preclude a
2 registered dental laboratory from working for another
3 registered dental laboratory, provided that such work is
4 performed pursuant to written authorization, in a form to be
5 prescribed by rule of the board department, which evidences
6 that the originating laboratory has obtained a valid work
7 order and which sets forth the work to be performed.
8 Furthermore, nothing in this section shall preclude a
9 registered laboratory from providing its services to dentists
10 licensed and practicing in another state, provided that such
11 work is requested or otherwise authorized in written form
12 which clearly identifies the name and address of the
13 requesting dentist and which sets forth the work to be
14 performed.
15 Section 63. Paragraph (b) of subsection (2), paragraph
16 (b) of subsection (3), and subsection (4) of section 468.1155,
17 Florida Statutes, are amended to read:
18 468.1155 Provisional license; requirements.--
19 (2) The department shall issue a provisional license
20 to practice speech-language pathology to each applicant who
21 the board certifies has:
22 (b) Received a master's degree or doctoral degree with
23 a major emphasis in speech-language pathology from an
24 institution of higher learning which, at the time the
25 applicant was enrolled and graduated, was accredited by an
26 accrediting agency recognized by the Commission on Recognition
27 of Postsecondary Accreditation or from an institution which is
28 publicly recognized as a member in good standing with the
29 Association of Universities and Colleges of Canada. An
30 applicant who graduated from a program at a university or
31 college outside the United States or Canada must present
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1 documentation of the determination of equivalency to standards
2 established by the Commission on Recognition of Postsecondary
3 Accreditation in order to qualify. The applicant must have
4 completed 60 semester hours that include:
5 1. Fundamental information applicable to the normal
6 development and use of speech, hearing, and language;
7 information about training in management of speech, hearing,
8 and language disorders; and information supplementary to these
9 fields.
10 2. Six semester hours in audiology.
11 3. Thirty of the required 60 semester hours in courses
12 acceptable toward a graduate degree by the college or
13 university in which these courses were taken, of which 24
14 semester hours must be in speech-language pathology.
15 (3) The department shall issue a provisional license
16 to practice audiology to each applicant who the board
17 certifies has:
18 (b) Received a master's degree or doctoral degree with
19 a major emphasis in audiology from an institution of higher
20 learning which at the time the applicant was enrolled and
21 graduated was accredited by an accrediting agency recognized
22 by the Commission on Recognition of Postsecondary
23 Accreditation or from an institution which is publicly
24 recognized as a member in good standing with the Association
25 of Universities and Colleges of Canada. An applicant who
26 graduated from a program at a university or college outside
27 the United States or Canada must present documentation of the
28 determination of equivalency to standards established by the
29 Commission on Recognition of Postsecondary Accreditation in
30 order to qualify. The applicant must have completed 60
31 semester hours that include:
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1 1. Fundamental information applicable to the normal
2 development and use of speech, hearing, and language;
3 information about training in management of speech, hearing,
4 and language disorders; and information supplementary to these
5 fields.
6 2. Six semester hours in speech-language pathology.
7 3. Thirty of the required 60 semester hours in courses
8 acceptable toward a graduate degree by the college or
9 university in which these courses were taken, of which 24
10 semester hours must be in audiology.
11 (4) An applicant for a provisional license who has
12 received a master's degree or doctoral degree with a major
13 emphasis in speech-language pathology as provided in
14 subsection (2), or audiology as provided in subsection (3),
15 and who seeks licensure in the area in which the applicant is
16 not currently licensed, must have completed 30 semester hours
17 in courses acceptable toward a graduate degree and 200
18 supervised clinical clock hours in the second discipline from
19 an accredited institution.
20 Section 64. Section 468.1215, Florida Statutes, is
21 amended to read:
22 468.1215 Speech-language pathology assistant and
23 audiology assistant; certification.--
24 (1) A person desiring to be certified as a
25 speech-language pathology assistant or audiology assistant
26 shall apply to the department.
27 (1)(2) The department shall issue a certificate as a
28 speech-language pathology assistant or as an audiology
29 assistant to each applicant who the board certifies has:
30 (a) Completed the application form and remitted the
31 required fees, including a nonrefundable application fee.
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1 (b) Earned a bachelor's degree from a college or
2 university accredited by a regional association of colleges
3 and schools recognized by the Department of Education which
4 includes at least 24 semester hours of coursework as approved
5 by the board at an institution accredited by an accrediting
6 agency recognized by the Commission on Recognition of
7 Postsecondary Accreditation.
8 (2) The department shall issue a certificate as an
9 audiology assistant to each applicant who the board certifies
10 has:
11 (a) Completed the application form and remitted the
12 required fees, including a nonrefundable application fee.
13 (b) Completed at least 24 semester hours of coursework
14 as approved by the board at an institution accredited by an
15 accrediting agency recognized by the Commission on Recognition
16 of Postsecondary Accreditation.
17 (3) The board, by rule, shall establish minimum
18 education and on-the-job training and supervision requirements
19 for certification as a speech-language pathology assistant or
20 audiology assistant.
21 (4) The provisions of this section shall not apply to
22 any student, intern, or trainee performing speech-language
23 pathology or audiology services while completing the
24 supervised clinical clock hours as required in s. 468.1155.
25 Section 65. Subsection (1) of section 468.307, Florida
26 Statutes, 1998 Supplement, is amended to read:
27 468.307 Certificate; issuance; possession; display.--
28 (1) The department shall issue a certificate to each
29 candidate who has met the requirements of ss. 468.304 and
30 468.306 or has qualified under s. 468.3065. The department may
31 by rule establish a subcategory of a certificate issued under
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1 this part limiting the certificateholder to a specific
2 procedure or specific type of equipment.
3 Section 66. Section 468.506, Florida Statutes, 1998
4 Supplement, is amended to read:
5 468.506 Dietetics and Nutrition Practice
6 Council.--There is created the Dietetics and Nutrition
7 Practice Council under the supervision of the board. The
8 council shall consist of four persons licensed under this part
9 and one consumer who is 60 years of age or older. Council
10 members shall be appointed by the board. Licensed members
11 shall be appointed based on the proportion of licensees within
12 each of the respective disciplines. Members shall be
13 appointed for 4-year staggered terms. In order to be eligible
14 for appointment, each licensed member must have been a
15 licensee under this part for at least 3 years prior to his or
16 her appointment. No council member shall serve more than two
17 successive terms. The board may delegate such powers and
18 duties to the council as it may deem proper to carry out the
19 operations and procedures necessary to effectuate the
20 provisions of this part. However, the powers and duties
21 delegated to the council by the board must encompass both
22 dietetics and nutrition practice and nutrition counseling. Any
23 time there is a vacancy on the council, any professional
24 association composed of persons licensed under this part may
25 recommend licensees to fill the vacancy to the board in a
26 number at least twice the number of vacancies to be filled,
27 and the board may appoint from the submitted list, in its
28 discretion, any of those persons so recommended. Any
29 professional association composed of persons licensed under
30 this part may file an appeal regarding a council appointment
31 with the secretary director of the department agency, whose
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1 decision shall be final. The board shall fix council members'
2 compensation and pay their expenses in the same manner as
3 provided in s. 455.534.
4 Section 67. Section 468.701, Florida Statutes, 1998
5 Supplement, is amended to read:
6 468.701 Definitions.--As used in this part, the term:
7 (1) "Athlete" means a person who participates in an
8 athletic activity.
9 (2) "Athletic activity" means the participation in an
10 activity, conducted by an educational institution, a
11 professional athletic organization, or an amateur athletic
12 organization, involving exercises, sports, games, or
13 recreation requiring any of the physical attributes of
14 strength, agility, flexibility, range of motion, speed, and
15 stamina.
16 (3) "Athletic injury" means an injury sustained which
17 affects the athlete's ability to participate or perform in
18 athletic activity.
19 (4) "Athletic trainer" means a person licensed under
20 this part.
21 (5) "Athletic training" means the recognition,
22 prevention, and treatment of athletic injuries.
23 (6) "Board Council" means the Board Council of
24 Athletic Training.
25 (7) "Department" means the Department of Health.
26 (8) "Direct supervision" means the physical presence
27 of the supervisor on the premises so that the supervisor is
28 immediately available to the trainee when needed.
29 (9) "Secretary" means the Secretary of Health.
30
31
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1 (9)(10) "Supervision" means the easy availability of
2 the supervisor to the athletic trainer, which includes the
3 ability to communicate by telecommunications.
4 Section 68. Section 468.703, Florida Statutes, 1998
5 Supplement, is amended to read:
6 468.703 Board Council of Athletic Training.--
7 (1) The Board Council of Athletic Training is created
8 within the department and shall consist of nine seven members
9 to be appointed by the Governor and confirmed by the Senate
10 secretary.
11 (2) Five Four members of the board must council shall
12 be licensed athletic trainers. One member of the board must
13 council shall be a physician licensed under chapter 458 or
14 chapter 459. One member of the board must council shall be a
15 physician licensed under chapter 460. Two members One member
16 of the board shall be consumer members, each of whom must
17 council shall be a resident of this state who has never worked
18 as an athletic trainer, who has no financial interest in the
19 practice of athletic training, and who has never been a
20 licensed health care practitioner as defined in s. 455.501(4).
21 Members of the council shall serve staggered 4-year terms as
22 determined by rule of the department; however, no member may
23 serve more than two consecutive terms.
24 (3) For the purpose of staggering terms, the Governor
25 shall appoint the initial members of the board as follows:
26 (a) Three members for terms of 2 years each.
27 (b) Three members for terms of 3 years each.
28 (c) Three members for terms of 4 years each.
29 (4) As the terms of the members expire, the Governor
30 shall appoint successors for terms of 4 years and such members
31 shall serve until their successors are appointed.
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1 (5) All provisions of part II of chapter 455 relating
2 to activities of the board shall apply.
3 (6) The board shall maintain its official headquarters
4 in Tallahassee.
5 (3) The council shall advise and assist the department
6 in:
7 (a) Developing rules relating to licensure
8 requirements, the licensure examination, continuing education
9 requirements, fees, records and reports to be filed by
10 licensees, and any other requirements necessary to regulate
11 the practice of athletic training.
12 (b) Monitoring the practice of athletic training in
13 other jurisdictions.
14 (c) Educating the public about the role of athletic
15 trainers.
16 (d) Collecting and reviewing data regarding the
17 licensed practice of athletic training.
18 (e) Addressing concerns and problems of athletic
19 trainers in order to promote improved safety in the practice
20 of athletic training.
21 (4) Members of the council shall be entitled to
22 compensation and reimbursement for expenses in the same manner
23 as board members are compensated and reimbursed under s.
24 455.534.
25 Section 69. Section 468.705, Florida Statutes, 1998
26 Supplement, is amended to read:
27 468.705 Rulemaking authority.--The board department is
28 authorized to adopt rules pursuant to ss. 120.536(1) and
29 120.54 to implement provisions of this part conferring duties
30 upon it. Such rules shall include, but not be limited to, the
31 allowable scope of practice regarding the use of equipment,
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1 procedures, and medication, and requirements for a written
2 protocol between the athletic trainer and a supervising
3 physician, licensure requirements, licensure examination,
4 continuing education requirements, fees, records, and reports
5 to be filed by licensees, protocols, and any other
6 requirements necessary to regulate the practice of athletic
7 training.
8 Section 70. Section 468.707, Florida Statutes, 1998
9 Supplement, is amended to read:
10 468.707 Licensure by examination; requirements.--
11 (1) Any person desiring to be licensed as an athletic
12 trainer shall apply to the department on a form approved by
13 the department.
14 (a) The department shall license each applicant who:
15 1. Has completed the application form and remitted the
16 required fees.
17 2. Is at least 21 years of age.
18 3. Has obtained a baccalaureate degree from a college
19 or university accredited by an accrediting agency recognized
20 and approved by the United States Department of Education or
21 the Commission on Recognition of Postsecondary Accreditation,
22 or approved by the board department.
23 4. Has completed coursework from a college or
24 university accredited by an accrediting agency recognized and
25 approved by the United States Department of Education or the
26 Commission on Recognition of Postsecondary Accreditation, or
27 approved by the board department, in each of the following
28 areas, as provided by rule: health, human anatomy,
29 kinesiology/biomechanics, human physiology, physiology of
30 exercise, basic athletic training, and advanced athletic
31 training.
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1 5. Has current certification in standard first aid and
2 cardiovascular pulmonary resuscitation from the American Red
3 Cross or an equivalent certification as determined by the
4 board department.
5 6. Has, within 2 of the preceding 5 years, attained a
6 minimum of 800 hours of athletic training experience under the
7 direct supervision of a licensed athletic trainer or an
8 athletic trainer certified by the National Athletic Trainers'
9 Association or a comparable national athletic standards
10 organization.
11 7. Has passed an examination administered or approved
12 by the board department.
13 (b) The department shall also license each applicant
14 who:
15 1. Has completed the application form and remitted the
16 required fees no later than October 1, 1996.
17 2. Is at least 21 years of age.
18 3. 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 4.a. Has practiced athletic training for at least 3 of
23 the 5 years preceding application; or
24 b. Is currently certified by the National Athletic
25 Trainers' Association or a comparable national athletic
26 standards organization.
27 (2) Pursuant to the requirements of s. 455.607
28 455.604, each applicant shall complete a continuing education
29 course on human immunodeficiency virus and acquired immune
30 deficiency syndrome as part of initial licensure.
31
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1 Section 71. Section 468.709, Florida Statutes, is
2 amended to read:
3 468.709 Fees.--
4 (1) The board department shall, by rule, establish
5 fees for the following purposes:
6 (a) An application fee, not to exceed $100.
7 (b) An examination fee, not to exceed $200.
8 (c) An initial licensure fee, not to exceed $200.
9 (d) A biennial renewal fee, not to exceed $200.
10 (e) An inactive fee, not to exceed $100.
11 (f) A delinquent fee, not to exceed $100.
12 (g) A reactivation fee, not to exceed $100.
13 (h) A voluntary inactive fee, not to exceed $100.
14 (2) The board department shall establish fees at a
15 level, not to exceed the statutory fee cap, that is adequate
16 to ensure the continued operation of the regulatory program
17 under this part. The board department shall neither set nor
18 maintain the fees at a level that will substantially exceed
19 this need.
20 Section 72. Subsections (2) and (3) of section
21 468.711, Florida Statutes, 1998 Supplement, are amended to
22 read:
23 468.711 Renewal of license; continuing education.--
24 (2) The board department may, by rule, prescribe
25 continuing education requirements, not to exceed 24 hours
26 biennially. The criteria for continuing education shall be
27 approved by the board department and shall include 4 hours in
28 standard first aid and cardiovascular pulmonary resuscitation
29 from the American Red Cross or equivalent training as
30 determined by board department.
31
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1 (3) Pursuant to the requirements of s. 455.607
2 455.604, each licensee shall complete a continuing education
3 course on human immunodeficiency virus and acquired immune
4 deficiency syndrome as part of biennial relicensure.
5 Section 73. Subsection (2) of section 468.719, Florida
6 Statutes, 1998 Supplement, is amended to read:
7 468.719 Disciplinary actions.--
8 (2) When the board department finds any person guilty
9 of any of the acts set forth in subsection (1), the board
10 department may enter an order imposing one or more of the
11 penalties provided in s. 455.624.
12 Section 74. Section 468.721, Florida Statutes, is
13 amended to read:
14 468.721 Saving clause.--
15 (1) An athletic trainer registration which is valid on
16 October 1, 1995, shall become for all purposes an athletic
17 trainer license as required by this part, subject to any
18 disciplinary or administrative action pending on October 1,
19 1995, and shall be subject to all the same terms and
20 conditions as athletic trainer licenses issued after October
21 1, 1995. The department shall retain jurisdiction to impose
22 discipline for any violation of this part which occurred prior
23 to October 1, 1995, but is discovered after October 1, 1995,
24 under the terms of this part prior to October 1, 1995.
25 (2) No judicial or administrative proceeding pending
26 on July 1, 1995, shall be abated as a result of enactment of
27 any provision of this act.
28 (3) Rules adopted by the department relating to the
29 regulation registration of athletic trainers under this part
30 prior to July 1, 1999, shall remain in effect until the board
31 department adopts rules relating to the regulation licensure
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1 of athletic trainers under this part which supersede such
2 earlier rules.
3 Section 75. Paragraph (g) of subsection (3) of section
4 20.43, Florida Statutes, 1998 Supplement, is amended to read:
5 20.43 Department of Health.--There is created a
6 Department of Health.
7 (3) The following divisions of the Department of
8 Health are established:
9 (g) Division of Medical Quality Assurance, which is
10 responsible for the following boards and professions
11 established within the division:
12 1. Nursing assistants, as provided under s. 400.211.
13 2. Health care services pools, as provided under s.
14 402.48.
15 3. The Board of Acupuncture, created under chapter
16 457.
17 4. The Board of Medicine, created under chapter 458.
18 5. The Board of Osteopathic Medicine, created under
19 chapter 459.
20 6. The Board of Chiropractic Medicine, created under
21 chapter 460.
22 7. The Board of Podiatric Medicine, created under
23 chapter 461.
24 8. Naturopathy, as provided under chapter 462.
25 9. The Board of Optometry, created under chapter 463.
26 10. The Board of Nursing, created under chapter 464.
27 11. The Board of Pharmacy, created under chapter 465.
28 12. The Board of Dentistry, created under chapter 466.
29 13. Midwifery, as provided under chapter 467.
30 14. The Board of Speech-Language Pathology and
31 Audiology, created under part I of chapter 468.
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1 15. The Board of Nursing Home Administrators, created
2 under part II of chapter 468.
3 16. The Board of Occupational Therapy, created under
4 part III of chapter 468.
5 17. Respiratory therapy, as provided under part V of
6 chapter 468.
7 18. Dietetics and nutrition practice, as provided
8 under part X of chapter 468.
9 19. The Board of Athletic Training trainers, created
10 as provided under part XIII of chapter 468.
11 20. The Board of Orthotists and Prosthetists, created
12 under part XIV of chapter 468.
13 21. Electrolysis, as provided under chapter 478.
14 22. The Board of Massage Therapy, created under
15 chapter 480.
16 23. The Board of Clinical Laboratory Personnel,
17 created under part III of chapter 483.
18 24. Medical physicists, as provided under part IV of
19 chapter 483.
20 25. The Board of Opticianry, created under part I of
21 chapter 484.
22 26. The Board of Hearing Aid Specialists, created
23 under part II of chapter 484.
24 27. The Board of Physical Therapy Practice, created
25 under chapter 486.
26 28. The Board of Psychology, created under chapter
27 490.
28 29. School psychologists, as provided under chapter
29 490.
30
31
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1 30. The Board of Clinical Social Work, Marriage and
2 Family Therapy, and Mental Health Counseling, created under
3 chapter 491.
4
5 The department may contract with the Agency for Health Care
6 Administration who shall provide consumer complaint,
7 investigative, and prosecutorial services required by the
8 Division of Medical Quality Assurance, councils, or boards, as
9 appropriate.
10 Section 76. The Council of Athletic Training and the
11 terms of all council members are terminated on July 1, 1999.
12 However, such termination in no way precludes the Governor
13 from considering any former council member for appointment to
14 the Board of Athletic Training created by this act.
15 Section 77. Section 468.805, Florida Statutes, is
16 amended to read:
17 468.805 Grandfathering Licensure without examination;
18 provisional licensure.--
19 (1) A person who has practiced orthotics, prosthetics,
20 or pedorthics in this state for the required period since July
21 1, 1990, who, before March 1, 1998, applies to the department
22 for a license to practice orthotics, prosthetics, or
23 pedorthics, may be licensed as a prosthetist, orthotist,
24 prosthetist-orthotist, orthotic fitter, orthotic fitter
25 assistant, or pedorthist, as determined from the person's
26 experience, certification, and educational preparation,
27 without meeting the educational requirements set forth in s.
28 468.803, upon receipt of the application fee and licensing fee
29 and after the board has completed an investigation into the
30 applicant's background and experience. The board shall require
31 an application fee not to exceed $500, which shall be
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1 nonrefundable. The board shall complete its investigation
2 within 6 months after receipt of the completed application.
3 The period of experience required for licensure under this
4 section subsection is 5 years for a prosthetist; 2 years for
5 an orthotic fitter, an orthotic fitter assistant, or a
6 pedorthist; and 5 years for an orthotist whose scope of
7 practice is defined under s. 468.80(7).
8 (2)(a) A person who has received certification as an
9 orthotist, a prosthetist, or a prosthetist-orthotist from a
10 national certifying body and who has practiced orthotics or
11 prosthetics in this state for at least 2 years but less than 5
12 years is eligible for a provisional license.
13 (b) An applicant for provisional licensure shall
14 submit proof that he or she has been actively practicing as a
15 nationally certified orthotist, prosthetist, or
16 prosthetist-orthotist, an application fee, and a provisional
17 license fee.
18 (c) A provisional licensee is required to practice
19 under supervision of a fully licensed orthotist, prosthetist,
20 or prosthetist-orthotist for up to 3 years in order to meet
21 the 5-year experience requirement of subsection (1) to be
22 licensed as an orthotist, prosthetist, or
23 prosthetist-orthotist.
24 (d) After appropriate investigation, the board shall
25 license as an orthotist, prosthetist, or prosthetist-orthotist
26 the provisional licensee who has successfully completed the
27 period of experience required and otherwise meets the
28 requirements of subsection (1).
29 (e) The board shall require an application fee, not to
30 exceed $500, which is nonrefundable, and a provisional
31 licensure fee, not to exceed $500.
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1 (3) An applicant who has received certification as an
2 orthotist, a prosthetist, a prosthetist-orthotist, or a
3 pedorthist from a national certifying body which requires the
4 successful completion of an examination, may be licensed under
5 this section without taking an additional examination. An
6 applicant who has not received certification from a national
7 certifying body which requires the successful completion of an
8 examination shall be required to take an examination as
9 determined by the board. This examination shall be designed to
10 determine if the applicant has the minimum qualifications
11 needed to be licensed under this section. The board may charge
12 an examination fee and the actual per applicant cost to the
13 department for purchase or development of the examination.
14 (4) An applicant who successfully completed prior to
15 March 1, 1998, at least one-half of the examination required
16 for national certification and successfully completed the
17 remaining portion of the examination and became certified
18 prior to July 1, 1998, shall be considered as nationally
19 certified by March 1, 1998, for purposes of this section.
20 (5)(4) This section is repealed July 1, 2002.
21 Section 78. Subsection (3) of section 468.806, Florida
22 Statutes, is amended to read:
23 468.806 Biennial renewal of license.--
24 (3) The board may by rule prescribe continuing
25 education requirements and approve course criteria, not to
26 exceed 30 hours biennially, as a condition for license
27 renewal. The board shall establish a procedure for approving
28 continuing education courses and providers and may set a fee
29 for continuing education course and provider approval.
30 Section 79. Subsection (5) of section 478.42, Florida
31 Statutes, is amended to read:
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1 478.42 Definitions.--As used in this chapter, the
2 term:
3 (5) "Electrolysis or electrology" means the permanent
4 removal of hair by destroying introducing, into and beneath
5 the skin, ionizing (galvanic current) or nonionizing radiation
6 (thermolysis or high-frequency current) to destroy the
7 hair-producing cells of the skin and vascular system, using
8 equipment and needle-type epilation devices approved by the
9 board which have been cleared by and that are registered with
10 the United States Food and Drug Administration and that are
11 used pursuant to protocols approved by the council and the
12 board.
13 Section 80. Subsection (9) of section 483.807, Florida
14 Statutes, 1998 Supplement, is amended to read:
15 483.807 Fees; establishment; disposition.--
16 (9) The initial application and renewal fee for
17 approval as a laboratory training program may not exceed $300.
18 The fee for late filing of a renewal application shall be $50.
19 Section 81. Subsections (2) and (3) of section
20 483.809, Florida Statutes, are amended to read:
21 483.809 Licensure; examinations; registration of
22 trainees; approval of curricula.--
23 (2) EXAMINATIONS.--The department shall conduct
24 examinations required by board rules to determine in part the
25 qualification of clinical laboratory personnel for licensure.
26 The board by rule may designate a An approved national
27 certification examination that may be accepted in lieu of
28 state examination for clinical laboratory personnel or public
29 health scientists.
30 (3) REGISTRATION OF TRAINEES.--The department shall
31 provide for annual registration of clinical laboratory
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1 trainees who are enrolled in a training program employed by
2 laboratories approved pursuant to s. 483.811, which
3 registration may not be renewed except upon special
4 authorization of the board.
5 Section 82. Section 483.812, Florida Statutes, is
6 amended to read:
7 483.812 Public health laboratory scientists;
8 licensure.--
9 (1) Applicants at the director level in the category
10 of public health shall qualify under s. 483.824.
11 (2)(1) Applicants at the director and supervisor level
12 in the category of public health who are certified registered
13 by the National Registry in of Clinical Chemistry
14 Certification or the American Society for of Microbiology,
15 licensed as a technologist, and have 5 years of pertinent
16 clinical laboratory experience may qualify under board rules
17 by passing the state-administered appropriate supervision and
18 administration examination.
19 (3)(2)(a) A technologist applicant for licensure in
20 the category of public health microbiology, with a
21 baccalaureate degree in one of the biological sciences from an
22 accredited institution, may use the American Society for of
23 Microbiology or the National Registry in of Microbiology
24 Certification in Public Health Microbiology to qualify for a
25 technologist license in public health microbiology. Such a
26 technologist may work in a public health microbiology
27 laboratory.
28 (b) A technologist applicant for licensure in the
29 category of public health chemistry, with a baccalaureate
30 degree in one of the chemical, biological, or physical
31 sciences from an accredited institution, may use the National
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1 Registry of Clinical Chemistry Certification to qualify for a
2 technologist license in public health chemistry. Such a
3 technologist may work in a public health chemistry laboratory.
4 (c) A technician applicant for licensure in the
5 category of public health, with a baccalaureate degree in one
6 of the chemical or biological sciences from an accredited
7 institution, may obtain a 2-year one-time, 3-year, conditional
8 public health technician license, which may be renewed once
9 pending national certification by the American Society of
10 Microbiology or the National Registry of Clinical Chemistry
11 Certification. Such a technician may perform testing only
12 under the direct supervision of a licensed pathologist,
13 director, supervisor, or technologist.
14 (4)(3) A person licensed by the Board of Clinical
15 Laboratory Personnel may work in a public health laboratory at
16 the appropriate level and specialty.
17 Section 83. Section 483.813, Florida Statutes, is
18 amended to read:
19 483.813 Clinical laboratory personnel license.--A
20 person may not conduct a clinical laboratory examination or
21 report the results of such examination unless such person is
22 licensed under this part to perform such procedures. However,
23 this provision does not apply to any practitioner of the
24 healing arts authorized to practice in this state or to
25 persons engaged in testing performed by laboratories regulated
26 under s. 483.035(1) or exempt from regulation under s.
27 483.031(2). The department may grant a temporary license to
28 any candidate it deems properly qualified, for a period not to
29 exceed 1 year, or a conditional license for a period not to
30 exceed 3 years.
31
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1 Section 84. Subsection (3) is added to section
2 483.821, Florida Statutes, to read:
3 483.821 Periodic demonstration of competency;
4 continuing education or reexamination.--
5 (3) The board may, by rule, provide for continuing
6 education or retraining requirements for candidates failing an
7 examination two or more times.
8 Section 85. Section 483.824, Florida Statutes, is
9 amended to read:
10 483.824 Qualifications of clinical laboratory
11 director.--A clinical laboratory director must have 4 years of
12 clinical laboratory experience with 2 years of experience in
13 the speciality to be directed or be nationally board certified
14 in the specialty to be directed, and must meet one of the
15 following requirements:
16 (1) Be a physician licensed under chapter 458 or
17 chapter 459;
18 (2) Hold an earned doctoral degree in a chemical,
19 physical, or biological science from a regionally accredited
20 institution and be nationally certified; or
21 (3) For the subspecialty of oral pathology, be a
22 physician licensed under chapter 458 or chapter 459 or a
23 dentist licensed under chapter 466.
24 Section 86. Section 483.825, Florida Statutes, is
25 amended to read:
26 483.825 Grounds for disciplinary action.--The
27 following acts constitute grounds for which disciplinary
28 actions specified in s. 483.827 may be taken against
29 applicants, registrants, and licensees under this part:
30 (1) Attempting to obtain, obtaining, or renewing a
31 license or registration under this part by bribery, by
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1 fraudulent misrepresentation, or through an error of the
2 department or the board.
3 (2) Engaging in or attempting to engage in, or
4 representing herself or himself as entitled to perform, any
5 clinical laboratory procedure or category of procedures not
6 authorized pursuant to her or his license.
7 (3) Demonstrating incompetence or making consistent
8 errors in the performance of clinical laboratory examinations
9 or procedures or erroneous reporting.
10 (4) Performing a test and rendering a report thereon
11 to a person not authorized by law to receive such services.
12 (5) Has been convicted or found guilty of, or entered
13 a plea of nolo contendere to, regardless of adjudication, a
14 crime in any jurisdiction which directly relates to the
15 activities of clinical laboratory personnel or involves moral
16 turpitude or fraudulent or dishonest dealing. The record of a
17 conviction certified or authenticated in such form as to be
18 admissible in evidence under the laws of the state shall be
19 admissible as prima facie evidence of such guilt. Having been
20 convicted of a felony or of any crime involving moral
21 turpitude under the laws of any state or of the United States.
22 The record of conviction or a certified copy thereof shall be
23 conclusive evidence of such conviction.
24 (6) Having been adjudged mentally or physically
25 incompetent.
26 (7) Violating or aiding and abetting in the violation
27 of any provision of this part or the rules adopted hereunder.
28 (8) Reporting a test result when no laboratory test
29 was performed on a clinical specimen.
30 (9) Knowingly advertising false services or
31 credentials.
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1 (10) Having a license revoked, suspended, or otherwise
2 acted against, including the denial of licensure, by the
3 licensing authority of another jurisdiction. The licensing
4 authority's acceptance of a relinquishment of a license,
5 stipulation, consent order, or other settlement, offered in
6 response to or in anticipation of the filing of administrative
7 charges against the licensee, shall be construed as action
8 against the licensee.
9 (11) Failing to report to the board, in writing,
10 within 30 days that an if action under subsection (5),
11 subsection (6), or subsection (10) has been taken against the
12 licensee or one's license to practice as clinical laboratory
13 personnel in another state, territory, or country, or other
14 jurisdiction.
15 (12) Being unable to perform or report clinical
16 laboratory examinations with reasonable skill and safety to
17 patients by reason of illness or use of alcohol, drugs,
18 narcotics, chemicals, or any other type of material or as a
19 result of any mental or physical condition. In enforcing this
20 subsection, the department shall have, upon a finding of the
21 secretary or his or her designee that probable cause exists to
22 believe that the licensee is unable to practice because of the
23 reasons stated in this subsection, the authority to issue an
24 order to compel a licensee to submit to a mental or physical
25 examination by physicians designated by the department. If
26 the licensee refuses to comply with such order, the
27 department's order directing such examination may be enforced
28 by filing a petition for enforcement in the circuit court
29 where the licensee resides or does business. The department
30 shall be entitled to the summary procedure provided in s.
31 51.011. A licensee affected under this subsection shall at
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1 reasonable intervals be afforded an opportunity to demonstrate
2 that he or she can resume competent practice with reasonable
3 skill and safety to patients.
4 (13) Delegating professional responsibilities to a
5 person when the licensee delegating such responsibilities
6 knows, or has reason to know, that such person is not
7 qualified by training, experience, or licensure to perform
8 them.
9 (14) Violating a previous order of the board entered
10 in a disciplinary proceeding.
11 (15) Failing to report to the department a person or
12 other licensee who the licensee knows is in violation of this
13 chapter or the rules of the department or board adopted
14 hereunder.
15 (16) Making or filing a report which the licensee
16 knows to be false, intentionally or negligently failing to
17 file a report or record required by state or federal law,
18 willfully impeding or obstructing such filing or inducing
19 another person to do so, including, but not limited to,
20 impeding an agent of the state from obtaining a report or
21 record for investigative purposes. Such reports or records
22 shall include only those generated in the capacity as a
23 licensed clinical laboratory personnel.
24 (17) Paying or receiving any commission, bonus,
25 kickback, or rebate, or engaging in any split-fee arrangement
26 in any form whatsoever with a physician, organization, agency,
27 or person, either directly or indirectly for patients referred
28 to providers of health care goods and services including, but
29 not limited to, hospitals, nursing homes, clinical
30 laboratories, ambulatory surgical centers, or pharmacies. The
31 provisions of this subsection shall not be construed to
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1 prevent a clinical laboratory professional from receiving a
2 fee for professional consultation services.
3 (18) Exercising influence on a patient or client in
4 such a manner as to exploit the patient or client for the
5 financial gain of the licensee or other third party, which
6 shall include, but not be limited to, the promoting, selling,
7 or withholding of services, goods, appliances, referrals, or
8 drugs.
9 (19) Practicing or offering to practice beyond the
10 scope permitted by law or rule, or accepting or performing
11 professional services or responsibilities which the licensee
12 knows or has reason to know that he or she is not competent to
13 perform.
14 (20) Misrepresenting or concealing a material fact at
15 any time during any phase of the licensing, investigative, or
16 disciplinary process, procedure, or proceeding.
17 (21) Improperly interfering with an investigation or
18 any disciplinary proceeding.
19 (22) Engaging in or attempting to engage in sexual
20 misconduct, causing undue embarrassment or using disparaging
21 language or language of a sexual nature towards a patient,
22 exploiting superior/subordinate, professional/patient,
23 instructor/student relationships for personal gain, sexual
24 gratification, or advantage.
25 Section 87. Paragraph (g) of subsection (4) and
26 subsections (6) and (8) of section 483.901, Florida Statutes,
27 1998 Supplement, are amended to read:
28 483.901 Medical physicists; definitions; licensure.--
29 (4) COUNCIL.--The Advisory Council of Medical
30 Physicists is created in the Department of Health to advise
31
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1 the department in regulating the practice of medical physics
2 in this state.
3 (g) If a vacancy on the council occurs, the secretary
4 director shall appoint a member to serve for a 4-year term.
5 (6) LICENSE REQUIRED.--An individual may not engage in
6 the practice of medical physics, including the specialties of
7 diagnostic radiological physics, therapeutic radiological
8 physics, medical nuclear radiological physics, or medical
9 health physics, without a license issued by the department for
10 the appropriate specialty.
11 (a) The department shall adopt rules to administer
12 this section which specify license application and renewal
13 fees, continuing education requirements, and standards for
14 practicing medical physics. The council shall recommend to
15 the department continuing education requirements that shall be
16 a condition of license renewal. The department shall require
17 a minimum of 24 hours per biennium of continuing education
18 offered by an organization recommended by the council and
19 approved by the department. The department, upon
20 recommendation of the council, may adopt rules to specify
21 continuing education requirements for persons who hold a
22 license in more than one specialty.
23 (b) In order to apply for a medical physicist license
24 in one or more specialties, a person must file an individual
25 application for each specialty with the department. The
26 application must be on a form prescribed by the department and
27 must be accompanied by a nonrefundable application fee for
28 each specialty.
29 (c) The department may issue a license to an eligible
30 applicant if the applicant meets all license requirements. At
31 any time before the department issues a license, the applicant
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1 may request in writing that the application be withdrawn. To
2 reapply, the applicant must submit a new application and an
3 additional nonrefundable application fee and must meet all
4 current licensure requirements.
5 (d) The department shall review each completed
6 application for a license which the department receives.
7 (e) On receipt of an application and fee as specified
8 in this section, the department may issue a license to
9 practice medical physics in this state:
10 1. Until October 1, 1998, to a person who meets any of
11 the following requirements:
12 a. Earned from an accredited college or university a
13 doctoral degree in physics, medical physics, biophysics,
14 radiological physics, medical health physics, or nuclear
15 engineering and has at least 2 years' experience in the
16 practice of the medical physics specialty for which
17 application is made.
18 b. Earned from an accredited college or university a
19 master's degree in physics, medical physics, biophysics,
20 radiological physics, medical health physics, or nuclear
21 engineering and has at least 3 years' experience in the
22 practice of the medical physics specialty for which
23 application is made.
24 c. Earned from an accredited college or university a
25 bachelor's degree in physics and has at least 5 years'
26 experience in the practice of the medical physics specialty
27 for which application is made.
28 d. Has at least 8 years' experience in the practice of
29 the medical physics specialty for which application is made, 2
30 years of which must have been earned within the 4 years
31 immediately preceding application for licensure.
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1 e. Is board certified in the medical physics specialty
2 in which the applicant applies to practice by the American
3 Board of Radiology for diagnostic radiological physics,
4 therapeutic radiological physics, or medical nuclear
5 radiological physics; by the American Board of Medical Physics
6 or the Canadian Board of Medical Physics for diagnostic
7 radiological physics, therapeutic radiological physics, or
8 medical nuclear radiological physics; or by the American Board
9 of Health Physics or an equivalent certifying body approved by
10 the agency.
11 2. On or after October 1, 1997, to a person who is
12 board certified in the medical physics specialty in which the
13 applicant applies to practice by the American Board of
14 Radiology for diagnostic radiological physics, therapeutic
15 radiological physics, or medical nuclear radiological physics;
16 by the American Board of Medical Physics for diagnostic
17 radiological physics, therapeutic radiological physics, or
18 medical nuclear radiological physics; or by the American Board
19 of Health Physics or an equivalent certifying body approved by
20 the department.
21 (f) A licensee shall:
22 1. Display the license in a place accessible to the
23 public; and
24 2. Report immediately any change in the licensee's
25 address or name to the department.
26 (g) The following acts are grounds for which the
27 disciplinary actions in paragraph (h) may be taken:
28 1. Obtaining or attempting to obtain a license by
29 bribery, fraud, knowing misrepresentation, or concealment of
30 material fact or through an error of the department.
31
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1 2. Having a license denied, revoked, suspended, or
2 otherwise acted against in another jurisdiction.
3 3. Being convicted or found guilty of, or entering a
4 plea of nolo contendere to, regardless of adjudication, a
5 crime in any jurisdiction which relates to the practice of, or
6 the ability to practice, the profession of medical physics.
7 4. Willfully failing to file a report or record
8 required for medical physics or willfully impeding or
9 obstructing the filing of a report or record required by this
10 section or inducing another person to do so.
11 5. Making misleading, deceptive, or fraudulent
12 representations in or related to the practice of medical
13 physics.
14 6. Willfully failing to report any known violation of
15 this section or any rule adopted thereunder.
16 7. Willfully or repeatedly violating a rule adopted
17 under this section or an order of the department.
18 8. Failing to perform any statutory or legal
19 obligation placed upon a licensee.
20 9. Aiding, assisting, procuring, employing, or
21 advising any unlicensed person to practice medical physics
22 contrary to this section or any rule adopted thereunder.
23 10. Delegating or contracting for the performance of
24 professional responsibilities by a person when the licensee
25 delegating or contracting such responsibilities knows, or has
26 reason to know, such person is not qualified by training,
27 experience, and authorization to perform them.
28 11. Practicing or offering to practice beyond the
29 scope permitted by law or accepting and performing
30 professional responsibilities the licensee knows, or has
31 reason to know, the licensee is not competent to perform.
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1 12. Gross or repeated malpractice or the inability to
2 practice medical physics with reasonable skill and safety.
3 13. Judicially determined mental incompetency.
4 14. Being unable to practice medical physics with
5 reasonable skill and safety because of a mental or physical
6 condition or illness or the use of alcohol, controlled
7 substances, or any other substance which impairs one's ability
8 to practice.
9 a. The department may, upon probable cause, compel a
10 licensee to submit to a mental or physical examination by
11 physicians designated by the department. The cost of an
12 examination shall be borne by the licensee, and the licensee's
13 failure to submit to such an examination constitutes an
14 admission of the allegations against the licensee, consequent
15 upon which a default and a final order may be entered without
16 the taking of testimony or presentation of evidence, unless
17 the failure was due to circumstances beyond the licensee's
18 control.
19 b. A licensee who is disciplined under this
20 subparagraph shall, at reasonable intervals, be afforded an
21 opportunity to demonstrate that the licensee can resume the
22 practice of medical physics with reasonable skill and safety.
23 c. With respect to any proceeding under this
24 subparagraph, the record of proceedings or the orders entered
25 by the department may not be used against a licensee in any
26 other proceeding.
27 (h) When the department finds any person guilty of any
28 of the grounds set forth in paragraph (g), including conduct
29 that would constitute a substantial violation of paragraph (g)
30 which occurred prior to licensure, it may enter an order
31 imposing one or more of the following penalties:
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1 1. Deny the application for licensure.
2 2. Revoke or suspend the license.
3 3. Impose an administrative fine for each count or
4 separate offense.
5 4. Place the licensee on probation for a specified
6 time and subject the licensee to such conditions as the
7 department determines necessary, including requiring
8 treatment, continuing education courses, or working under the
9 monitoring or supervision of another licensee.
10 5. Restrict a licensee's practice.
11 6. Issue a reprimand to the licensee.
12 (i) The department may not issue or reinstate a
13 license to a person it has deemed unqualified until it is
14 satisfied that such person has complied with the terms and
15 conditions of the final order and that the licensee can safely
16 practice medical physics.
17 (j) The department may issue a temporary license to an
18 applicant pending completion of the application process for
19 board certification.
20 (j)(k) Upon receipt of a complete application and the
21 fee set forth by rule, the department may issue a
22 physicist-in-training certificate to a person qualified to
23 practice medical physics under direct supervision. The
24 department may establish by rule requirements for initial
25 certification and renewal of a physicist-in-training
26 certificate.
27 (8) DISPOSITION OF FEES.--The department shall deposit
28 all funds received into the Medical Quality Assurance Health
29 Care Trust Fund.
30 Section 88. Paragraph (d) of subsection (1) of section
31 484.007, Florida Statutes, is amended to read:
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1 484.007 Licensure of opticians; permitting of optical
2 establishments.--
3 (1) Any person desiring to practice opticianry shall
4 apply to the department, upon forms prescribed by it, to take
5 a licensure examination. The department shall examine each
6 applicant who the board certifies:
7 (d)1. Has received an associate degree, or its
8 equivalent, in opticianry from an educational institution the
9 curriculum of which is accredited by an accrediting agency
10 recognized and approved by the United States Department of
11 Education or the Council on Postsecondary Education or
12 approved by the board;
13 2. Is an individual licensed to practice the
14 profession of opticianry pursuant to a regulatory licensing
15 law of another state, territory, or jurisdiction of the United
16 States, who has actively practiced in such other state,
17 territory, or jurisdiction for more than 3 years immediately
18 preceding application, and who meets the examination
19 qualifications as provided in this subsection;
20 3. Is an individual who has actively practiced in
21 another state, territory, or jurisdiction of the United States
22 for more than 5 years immediately preceding application and
23 who provides tax or business records, affidavits, or other
24 satisfactory documentation of such practice and who meets the
25 examination qualifications as provided in this subsection; or
26 4. Has registered as an apprentice with the department
27 and paid a registration fee not to exceed $60, as set by rule
28 of the board. The apprentice shall complete 6,240 hours of
29 training under the supervision of an optician licensed in this
30 state for at least 1 year or of, a physician, or an
31 optometrist licensed under the laws of this state. These
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1 requirements must be met within 5 years after the date of
2 registration. However, any time spent in a recognized school
3 may be considered as part of the apprenticeship program
4 provided herein. The board may establish administrative
5 processing fees sufficient to cover the cost of administering
6 apprentice rules as promulgated by the board.
7 Section 89. Subsection (3) is added to section
8 484.0512, Florida Statutes, to read:
9 484.0512 Thirty-day trial period; purchaser's right to
10 cancel; notice; refund; cancellation fee.--
11 (3) Within 30 days after the return or attempted
12 return of the hearing aid, the seller shall refund all moneys
13 that must be refunded to a purchaser pursuant to this section.
14 Section 90. Section 484.053, Florida Statutes, is
15 amended to read:
16 484.053 Prohibitions; penalties.--
17 (1) A person may not:
18 (a) Practice dispensing hearing aids unless the person
19 is a licensed hearing aid specialist;
20 (b) Use the name or title "hearing aid specialist"
21 when the person has not been licensed under this part;
22 (c) Present as her or his own the license of another;
23 (d) Give false, incomplete, or forged evidence to the
24 board or a member thereof for the purposes of obtaining a
25 license;
26 (e) Use or attempt to use a hearing aid specialist
27 license that is delinquent or has been suspended, revoked, or
28 placed on inactive or delinquent status;
29 (f) Knowingly employ unlicensed persons in the
30 practice of dispensing hearing aids; or
31
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1 (g) Knowingly conceal information relative to
2 violations of this part.
3 (2) Any person who violates any of the provisions of
4 this section is guilty of a felony misdemeanor of the third
5 second degree, punishable as provided in s. 775.082 or s.
6 775.083.
7 (3) If a person licensed under this part allows the
8 sale of a hearing aid by an unlicensed person not registered
9 as a trainee or fails to comply with the requirements of s.
10 484.0445(2) relating to supervision of trainees, the board
11 shall, upon determination of that violation, order the full
12 refund of moneys paid by the purchaser upon return of the
13 hearing aid to the seller's place of business.
14 Section 91. Paragraph (a) of subsection (1) of section
15 484.056, Florida Statutes, 1998 Supplement, is amended to
16 read:
17 484.056 Disciplinary proceedings.--
18 (1) The following acts relating to the practice of
19 dispensing hearing aids shall be grounds for both disciplinary
20 action against a hearing aid specialist as set forth in this
21 section and cease and desist or other related action by the
22 department as set forth in s. 455.637 against any person
23 owning or operating a hearing aid establishment who engages
24 in, aids, or abets any such violation:
25 (a) Violation of any provision of s. 455.624(1), s.
26 484.0512, or s. 484.053.
27 Section 92. Section 486.041, Florida Statutes, is
28 amended to read:
29 486.041 Physical therapist; application for license;
30 fee; temporary permit.--
31
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1 (1) A person who desires to be licensed as a physical
2 therapist shall apply to the department in writing on a form
3 furnished by the department. She or he shall embody in that
4 application evidence under oath, satisfactory to the board, of
5 possession of the qualifications preliminary to examination
6 required by s. 486.031. The applicant shall pay to the
7 department at the time of filing the application a fee not to
8 exceed $100, as fixed by the board.
9 (2) If a person desires to practice physical therapy
10 before becoming licensed through examination, she or he shall
11 apply for a temporary permit in accordance with rules adopted
12 pursuant to this chapter.
13 (a) A temporary permit shall only be issued for a
14 limited period of time, not to exceed 1 year, and shall not be
15 renewable. A temporary permit shall automatically expire if an
16 applicant fails the examination.
17 (b) An applicant for licensure by examination and
18 practicing under a temporary permit shall do so only under the
19 direct supervision of a licensed physical therapist.
20 Section 93. Section 486.081, Florida Statutes, is
21 amended to read:
22 486.081 Physical therapist; issuance of license
23 without examination to person passing examination of another
24 authorized examining board; temporary permit; fee.--
25 (1) The board may cause a license to be issued through
26 the department without examination to any applicant who
27 presents evidence satisfactory to the board of having passed
28 the American Registry Examination prior to 1971 or an
29 examination in physical therapy before a similar lawfully
30 authorized examining board of another state, the District of
31 Columbia, a territory, or a foreign country, if the standards
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1 for licensure in physical therapy in such other state,
2 district, territory, or foreign country are determined by the
3 board to be as high as those of this state, as established by
4 rules adopted pursuant to this chapter. Any person who holds a
5 license pursuant to this section may use the words "physical
6 therapist" or "physiotherapist," or the letters "P.T.," in
7 connection with her or his name or place of business to denote
8 her or his licensure hereunder.
9 (2) At the time of making application for licensure
10 without examination pursuant to the terms of this section, the
11 applicant shall pay to the department a fee not to exceed $175
12 as fixed by the board, no part of which will be returned.
13 (3) If a person desires to practice physical therapy
14 before becoming licensed through endorsement, she or he shall
15 apply to the board for a temporary permit in accordance with
16 rules adopted pursuant to this chapter. A temporary permit
17 shall only be issued for a limited period of time, not to
18 exceed 1 year, and shall not be renewable.
19 Section 94. Section 486.103, Florida Statutes, is
20 amended to read:
21 486.103 Physical therapist assistant; application for
22 license; fee; temporary permit.--
23 (1) A person who desires to be licensed as a physical
24 therapist assistant shall apply to the department in writing
25 on a form furnished by the department. She or he shall embody
26 in that application evidence under oath, satisfactory to the
27 board, of possession of the qualifications preliminary to
28 examination required by s. 486.104. The applicant shall pay to
29 the department at the time of filing the application a fee not
30 to exceed $100, as fixed by the board.
31
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1 (2) If a person desires to work as a physical
2 therapist assistant before being licensed through examination,
3 she or he shall apply for a temporary permit in accordance
4 with rules adopted pursuant to this chapter.
5 (a) A temporary permit shall only be issued for a
6 limited period of time, not to exceed 1 year, and shall not be
7 renewable. A temporary permit shall automatically expire if an
8 applicant fails the examination.
9 (b) An applicant for licensure by examination who is
10 practicing under a temporary permit shall do so only under the
11 direct supervision of a licensed physical therapist.
12 Section 95. Section 486.107, Florida Statutes, is
13 amended to read:
14 486.107 Physical therapist assistant; issuance of
15 license without examination to person licensed in another
16 jurisdiction; temporary permit; fee.--
17 (1) The board may cause a license to be issued through
18 the department without examination to any applicant who
19 presents evidence to the board, under oath, of licensure in
20 another state, the District of Columbia, or a territory, if
21 the standards for registering as a physical therapist
22 assistant or licensing of a physical therapist assistant, as
23 the case may be, in such other state are determined by the
24 board to be as high as those of this state, as established by
25 rules adopted pursuant to this chapter. Any person who holds a
26 license pursuant to this section may use the words "physical
27 therapist assistant," or the letters "P.T.A.," in connection
28 with her or his name to denote licensure hereunder.
29 (2) At the time of making application for licensing
30 without examination pursuant to the terms of this section, the
31
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1 applicant shall pay to the department a fee not to exceed $175
2 as fixed by the board, no part of which will be returned.
3 (3) If a person desires to work as a physical
4 therapist assistant before being licensed through endorsement,
5 she or he shall apply for a temporary permit in accordance
6 with rules adopted pursuant to this chapter. A temporary
7 permit shall only be issued for a limited period of time, not
8 to exceed 1 year, and shall not be renewable.
9 Section 96. Paragraph (b) of subsection (1) of section
10 490.005, Florida Statutes, 1998 Supplement, is amended to
11 read:
12 490.005 Licensure by examination.--
13 (1) Any person desiring to be licensed as a
14 psychologist shall apply to the department to take the
15 licensure examination. The department shall license each
16 applicant who the board certifies has:
17 (b) Submitted proof satisfactory to the board that the
18 applicant has:
19 1. Received doctoral-level psychological education, as
20 defined in s. 490.003(3);
21 2. Received the equivalent of a doctoral-level
22 psychological education, as defined in s. 490.003(3), from a
23 program at a school or university located outside the United
24 States of America and Canada, which was officially recognized
25 by the government of the country in which it is located as an
26 institution or program to train students to practice
27 professional psychology. The burden of establishing that the
28 requirements of this provision have been met shall be upon the
29 applicant;
30 3. Received and submitted to the board, prior to July
31 1, 1999, certification of an augmented doctoral-level
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1 psychological education from the program director of a
2 doctoral-level psychology program accredited by a programmatic
3 agency recognized and approved by the United States Department
4 of Education; or
5 4. Received and submitted to the board, prior to
6 August 31, 2001 July 1, 2001, certification of a
7 doctoral-level program that at the time the applicant was
8 enrolled and graduated maintained a standard of education and
9 training comparable to the standard of training of programs
10 accredited by a programmatic agency recognized and approved by
11 the United States Department of Education, as such
12 comparability was determined by the Board of Psychological
13 Examiners immediately prior to the amendment of s. 490.005,
14 Florida Statutes, 1994 Supplement, by s. 5, chapter 95-279,
15 Laws of Florida. Such certification of comparability shall be
16 provided by the program director of a doctoral-level
17 psychology program accredited by a programmatic agency
18 recognized and approved by the United States Department of
19 Education.
20 Section 97. Subsection (1) of section 490.006, Florida
21 Statutes, is amended to read:
22 490.006 Licensure by endorsement.--
23 (1) The department shall license a person as a
24 psychologist or school psychologist who, upon applying to the
25 department and remitting the appropriate fee, demonstrates to
26 the department or, in the case of psychologists, to the board
27 that the applicant:
28 (a) Holds a valid license or certificate in another
29 state to practice psychology or school psychology, as
30 applicable, provided that, when the applicant secured such
31 license or certificate, the requirements were substantially
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1 equivalent to or more stringent than those set forth in this
2 chapter at that time; and, if no Florida law existed at that
3 time, then the requirements in the other state must have been
4 substantially equivalent to or more stringent than those set
5 forth in this chapter at the present time; or
6 (b) Is a diplomate in good standing with the American
7 Board of Professional Psychology, Inc.; or
8 (c) Possesses a doctoral degree in psychology as
9 described in s. 490.003 and has at least 20 years of
10 experience as a licensed psychologist in any jurisdiction or
11 territory of the United States within 25 years preceding the
12 date of application.
13 Section 98. Subsection (2) of section 490.0085,
14 Florida Statutes, is amended to read:
15 490.0085 Continuing education; approval of providers,
16 programs, and courses; proof of completion.--
17 (2) The department or, in the case of psychologists,
18 the board has the authority to set a fee not to exceed $500
19 for each applicant who applies for or renews provider status.
20 Such fees shall be deposited into the Medical Quality
21 Assurance Health Care Trust Fund.
22 Section 99. Section 490.0148, Florida Statutes, is
23 amended to read:
24 490.0148 Psychologist and school psychologist
25 records.--Each psychologist and school psychologist who
26 provides services as defined in this chapter shall maintain
27 records. The board or, in the case of a school psychologist,
28 the department may adopt rules defining the minimum
29 requirements for such records, including content, length of
30 time such records shall be maintained, and transfer of such
31 records or of a summary of such records, or both, to a
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1 subsequent treating practitioner or other individual with the
2 written consent of the client or clients. A patient's
3 psychological report may be released to an employer or
4 carrier, or the attorney for either, pursuant to s. 440.13.
5 Section 100. Section 491.0045, Florida Statutes, is
6 amended to read:
7 491.0045 Intern registration; requirements.--
8 (1) Effective January 1, 1998, an individual who
9 intends to practice in Florida to satisfy the postgraduate or
10 post-master's level experience requirements, as specified in
11 s. 491.005(1)(c), (3)(c), or (4)(c), must register as an
12 intern in the profession for which he or she is seeking
13 licensure prior to commencing the post-master's experience
14 requirement or an individual who intends to satisfy part of
15 the required graduate-level practicum, internship, or field
16 experience, outside the academic arena for any profession,
17 must register as an intern in the profession for which he or
18 she is seeking licensure prior to commencing the practicum,
19 internship, or field experience.
20 (2) The department shall register as a clinical social
21 worker intern, marriage and family therapist intern, or mental
22 health counselor intern each applicant who the board certifies
23 has:
24 (a) Completed the application form and remitted a
25 nonrefundable application fee not to exceed $200, as set by
26 board rule;
27 (b)1. Completed the education requirements as
28 specified in s. 491.005(1)(c), (3)(c), or (4)(c) for the
29 profession for which he or she is applying for licensure, if
30 needed; and
31
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1 2. Submitted an acceptable supervision plan, as
2 determined by the board, for meeting the practicum,
3 internship, or field work required for licensure that was not
4 satisfied in his or her graduate program.
5 (c) Identified a qualified supervisor.
6 (3) An individual registered under this section must
7 remain under supervision until he or she is in receipt of a
8 license or a letter from the department stating that he or she
9 is licensed to practice the profession for which he or she
10 applied.
11 (4) An individual who has applied for intern
12 registration on or before December 31, 2001, and has satisfied
13 the education requirements of s. 491.005 that are in effect
14 through December 31, 2000, will have met the educational
15 requirements for licensure for the profession for which he or
16 she has applied.
17 (5) Individuals who have commenced the experience
18 requirement as specified in s. 491.005(1)(c), (3)(c), or
19 (4)(c) but failed to register as required by subsection (1)
20 shall register with the department before January 1, 2000.
21 Individuals who fail to comply with this subsection shall not
22 be granted a license, and any time spent by the individual
23 completing the experience requirement prior to registering as
24 an intern shall not count toward completion of such
25 requirement.
26 Section 101. Subsections (1) and (2) of section
27 491.0046, Florida Statutes, are amended to read:
28 491.0046 Provisional license; requirements.--
29 (1) An individual applying for licensure by
30 examination who has satisfied the clinical experience
31 requirements of s. 491.005 or an individual applying for
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1 licensure by endorsement pursuant to s. 491.006 intending to
2 provide clinical social work, marriage and family therapy, or
3 mental health counseling services in Florida while satisfying
4 coursework or examination requirements for licensure must be
5 provisionally licensed in the profession for which he or she
6 is seeking licensure prior to beginning practice.
7 (2) The department shall issue a provisional clinical
8 social worker license, provisional marriage and family
9 therapist license, or provisional mental health counselor
10 license to each applicant who the board certifies has:
11 (a) Completed the application form and remitted a
12 nonrefundable application fee not to exceed $100, as set by
13 board rule; and
14 (b)1. Earned a graduate degree in social work, a
15 graduate degree with a major emphasis in marriage and family
16 therapy or a closely related field, or a graduate degree in a
17 major related to the practice of mental health counseling;
18 and, and satisfied the clinical experience requirements for
19 licensure pursuant to s. 491.005; or
20 2. Been approved for examination under the provisions
21 for licensure by endorsement pursuant to s. 491.006.
22 (c) Has met the following minimum coursework
23 requirements:
24 1. For clinical social work, a minimum of 15 semester
25 hours or 22 quarter hours of the coursework required by s.
26 491.005(1)(b)2.b.
27 2. For marriage and family therapy, ten of the courses
28 required by s. 491.005(3)(b)1.a.-c., as determined by the
29 board, and at least 6 semester hours or 9 quarter hours of the
30 course credits must have been completed in the area of
31 marriage and family systems, theories, or techniques.
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1 3. For mental health counseling, a minimum of seven of
2 the courses required under s. 491.005(b)1.a.-c.
3 Section 102. Section 491.005, Florida Statutes, is
4 amended to read:
5 491.005 Licensure by examination.--
6 (1) CLINICAL SOCIAL WORK.--Upon verification of
7 documentation and payment of a fee not to exceed $200, as set
8 by board rule, plus the actual per applicant cost to the
9 department for purchase of the examination from the American
10 Association of State Social Worker's Boards or a similar
11 national organization, the department shall issue a license as
12 a clinical social worker to an applicant who the board
13 certifies:
14 (a) Has made application therefor and paid the
15 appropriate fee.
16 (b)1. Has received a doctoral degree in social work
17 from a graduate school of social work which at the time the
18 applicant graduated was accredited by an accrediting agency
19 recognized by the United States Department of Education or has
20 received a master's degree in social work from a graduate
21 school of social work which at the time the applicant
22 graduated:
23 a. Was accredited by the Council on Social Work
24 Education;
25 b. Was accredited by the Canadian Association of
26 Schools of Social Work; or
27 c. Has been determined to have been a program
28 equivalent to programs approved by the Council on Social Work
29 Education by the Foreign Equivalency Determination Service of
30 the Council on Social Work Education. An applicant who
31 graduated from a program at a university or college outside of
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1 the United States or Canada must present documentation of the
2 equivalency determination from the council in order to
3 qualify.
4 2. The applicant's graduate program must have
5 emphasized direct clinical patient or client health care
6 services, including, but not limited to, coursework in
7 clinical social work, psychiatric social work, medical social
8 work, social casework, psychotherapy, or group therapy. The
9 applicant's graduate program must have included all of the
10 following coursework:
11 a. A supervised field placement which was part of the
12 applicant's advanced concentration in direct practice, during
13 which the applicant provided clinical services directly to
14 clients.
15 b. Completion of 24 semester hours or 32 37 quarter
16 hours in theory of human behavior and practice methods as
17 courses in clinically oriented services, including a minimum
18 of one course in psychopathology, and no more than one course
19 in research, taken in a school of social work accredited or
20 approved pursuant to subparagraph 1.
21 3. If the course title which appears on the
22 applicant's transcript does not clearly identify the content
23 of the coursework, the applicant shall be required to provide
24 additional documentation, including, but not limited to, a
25 syllabus or catalog description published for the course.
26 (c) Has had not less than 2 years of clinical social
27 work experience, which took place subsequent to completion of
28 a graduate degree in social work at an institution meeting the
29 accreditation requirements of this section, under the
30 supervision of a licensed clinical social worker or the
31 equivalent who is a qualified supervisor as determined by the
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1 board. An individual who intends to practice in Florida to
2 satisfy clinical experience requirements must register
3 pursuant to s. 491.0045 prior to commencing practice. If the
4 applicant's graduate program was not a program which
5 emphasized direct clinical patient or client health care
6 services as described in subparagraph (b)2. s. 491.003, the
7 supervised experience requirement must take place after the
8 applicant has completed a minimum of 15 semester hours or 22
9 quarter hours of the coursework required. A doctoral
10 internship may be applied toward the clinical social work
11 experience requirement. The experience requirement may be met
12 by work performed on or off the premises of the supervising
13 clinical social worker or the equivalent, provided the
14 off-premises work is not the independent private practice
15 rendering of clinical social work that does not have a
16 licensed mental health professional, as determined by the
17 board, on the premises at the same time the intern is
18 providing services.
19 (d) Has passed a theory and practice examination
20 provided by the department for this purpose.
21 (e) Has demonstrated, in a manner designated by rule
22 of the board, knowledge of the laws and rules governing the
23 practice of clinical social work, marriage and family therapy,
24 and mental health counseling.
25 (2) CLINICAL SOCIAL WORK.--
26 (a) Notwithstanding the provisions of paragraph
27 (1)(b), coursework which was taken at a baccalaureate level
28 shall not be considered toward completion of education
29 requirements for licensure unless an official of the graduate
30 program certifies in writing on the graduate school's
31 stationery that a specific course, which students enrolled in
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1 the same graduate program were ordinarily required to complete
2 at the graduate level, was waived or exempted based on
3 completion of a similar course at the baccalaureate level. If
4 this condition is met, the board shall apply the baccalaureate
5 course named toward the education requirements.
6 (b) An applicant from a master's or doctoral program
7 in social work which did not emphasize direct patient or
8 client services may complete the clinical curriculum content
9 requirement by returning to a graduate program accredited by
10 the Council on Social Work Education or the Canadian
11 Association of Schools of Social Work, or to a clinical social
12 work graduate program with comparable standards, in order to
13 complete the education requirements for examination. However,
14 a maximum of 6 semester or 9 quarter hours of the clinical
15 curriculum content requirement may be completed by credit
16 awarded for independent study coursework as defined by board
17 rule.
18 (3) MARRIAGE AND FAMILY THERAPY.--Upon verification of
19 documentation and payment of a fee not to exceed $200, as set
20 by board rule, plus the actual cost to the department for the
21 purchase of the examination from the Association of Marital
22 and Family Therapy Regulatory Board, or similar national
23 organization, the department shall issue a license as a
24 marriage and family therapist to an applicant who the board
25 certifies:
26 (a) Has made application therefor and paid the
27 appropriate fee.
28 (b)1. Has a minimum of a master's degree with major
29 emphasis in marriage and family therapy, or a closely related
30 field, and has completed all of the following requirements:
31
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1 a. Twenty-seven semester hours or 41 quarter hours of
2 graduate coursework, which must include a minimum of 2
3 semester hours or 3 quarter hours of graduate-level course
4 credits in each of the following nine areas: dynamics of
5 marriage and family systems; marriage therapy and counseling
6 theory and techniques; family therapy and counseling theory
7 and techniques; individual human development theories
8 throughout the life cycle; personality theory;
9 psychopathology; human sexuality theory and counseling
10 techniques; general counseling theory and techniques; and
11 psychosocial theory. Content may be combined, provided no more
12 than two of the nine content areas are included in any one
13 graduate-level course and the applicant can document that the
14 equivalent of 2 semester hours of coursework was devoted to
15 each content area. Courses in research, evaluation, appraisal,
16 assessment, or testing theories and procedures; thesis or
17 dissertation work; or practicums, internships, or fieldwork
18 may not be applied toward this requirement.
19 b. A minimum of one graduate-level course of 2
20 semester hours or 3 quarter hours in legal, ethical, and
21 professional standards issues in the practice of marriage and
22 family therapy or a course determined by the board to be
23 equivalent.
24 c. A minimum of one graduate-level course of 2
25 semester hours or 3 quarter hours in diagnosis, appraisal,
26 assessment, and testing for individual or interpersonal
27 disorder or dysfunction; and a minimum of one 2-semester-hour
28 or 3-quarter-hour graduate-level course in behavioral research
29 which focuses on the interpretation and application of
30 research data as it applies to clinical practice. Credit for
31
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1 thesis or dissertation work, practicums, internships, or
2 fieldwork may not be applied toward this requirement.
3 d. A minimum of one supervised clinical practicum,
4 internship, or field experience in a marriage and family
5 counseling setting, during which the student provided 180
6 direct client contact hours of marriage and family therapy
7 services under the supervision of an individual who met the
8 requirements for supervision under paragraph (c). This
9 requirement may be met by a supervised practice experience
10 which took place outside the academic arena, but which is
11 certified as equivalent to a graduate-level practicum or
12 internship program which required a minimum of 180 direct
13 client contact hours of marriage and family therapy services
14 currently offered within an academic program of a college or
15 university accredited by an accrediting agency approved by the
16 United States Department of Education, or an institution which
17 is publicly recognized as a member in good standing with the
18 Association of Universities and Colleges of Canada or a
19 training institution accredited by the Commission on
20 Accreditation for Marriage and Family Therapy Education
21 recognized by the United States Department of Education.
22 Certification shall be required from an official of such
23 college, university, or training institution.
24 2. 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
30 The required master's degree must have been received in an
31 institution of higher education which at the time the
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1 applicant graduated was: fully accredited by a regional
2 accrediting body recognized by the Commission on Recognition
3 of Postsecondary Accreditation; publicly recognized as a
4 member in good standing with the Association of Universities
5 and Colleges of Canada; or an institution of higher education
6 located outside the United States and Canada, which at the
7 time the applicant was enrolled and at the time the applicant
8 graduated maintained a standard of training substantially
9 equivalent to the standards of training of those institutions
10 in the United States which are accredited by a regional
11 accrediting body recognized by the Commission on Recognition
12 of Postsecondary Accreditation. Such foreign education and
13 training must have been received in an institution or program
14 of higher education officially recognized by the government of
15 the country in which it is located as an institution or
16 program to train students to practice as professional marriage
17 and family therapists or psychotherapists. The burden of
18 establishing that the requirements of this provision have been
19 met shall be upon the applicant, and the board shall require
20 documentation, such as, but not limited to, an evaluation by a
21 foreign equivalency determination service, as evidence that
22 the applicant's graduate degree program and education were
23 equivalent to an accredited program in this country. An
24 applicant with a master's degree from a program which did not
25 emphasize marriage and family therapy may complete the
26 coursework requirement in a training institution fully
27 accredited by the Commission on Accreditation for Marriage and
28 Family Therapy Education recognized by the United States
29 Department of Education.
30 (c) Has had not less than 2 years of clinical
31 experience during which 50 percent of the applicant's clients
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1 were receiving marriage and family therapy services, which
2 must be at the post-master's level under the supervision of a
3 licensed marriage and family therapist with at least 5 years
4 of experience, or the equivalent, who is a qualified
5 supervisor as determined by the board. An individual who
6 intends to practice in Florida to satisfy the clinical
7 experience requirements must register pursuant to s. 491.0045
8 prior to commencing practice. If a graduate has a master's
9 degree with a major emphasis in marriage and family therapy or
10 a closely related field that did not include all the
11 coursework required under sub-subparagraphs (b)1.a.-c., credit
12 for the post-master's level clinical experience shall not
13 commence until the applicant has completed a minimum of 10 of
14 the courses required under sub-subparagraphs (b)1.a.-c., as
15 determined by the board, and at least 6 semester hours or 9
16 quarter hours of the course credits must have been completed
17 in the area of marriage and family systems, theories, or
18 techniques. Within the 3 years of required experience, the
19 applicant shall provide direct individual, group, or family
20 therapy and counseling, to include the following categories of
21 cases: unmarried dyads, married couples, separating and
22 divorcing couples, and family groups including children. A
23 doctoral internship may be applied toward the clinical
24 experience requirement. The clinical experience requirement
25 may be met by work performed on or off the premises of the
26 supervising marriage and family therapist or the equivalent,
27 provided the off-premises work is not the independent private
28 practice rendering of marriage and family therapy services
29 that does not have a licensed mental health professional, as
30 determined by the board, on the premises at the same time the
31 intern is providing services.
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1 (d) Has passed a theory and practice examination
2 provided by the department for this purpose.
3 (e) Has demonstrated, in a manner designated by rule
4 of the board, knowledge of the laws and rules governing the
5 practice of clinical social work, marriage and family therapy,
6 and mental health counseling.
7 (f) For the purposes of dual licensure, the department
8 shall license as a marriage and family therapist any person
9 who meets the requirements of s. 491.0057. Fees for dual
10 licensure shall not exceed those stated in this subsection.
11 (4) MENTAL HEALTH COUNSELING.--Upon verification of
12 documentation and payment of a fee not to exceed $200, as set
13 by board rule, plus the actual per applicant cost to the
14 department for purchase of the examination from the
15 Professional Examination Service for the National Academy of
16 Certified Clinical Mental Health Counselors or a similar
17 national organization, the department shall issue a license as
18 a mental health counselor to an applicant who the board
19 certifies:
20 (a) Has made application therefor and paid the
21 appropriate fee.
22 (b)1. Has received a minimum of an earned master's
23 degree with a major related to the practice of mental health
24 counseling, and has completed all of the following
25 requirements:
26 a. Twenty-one semester hours or 32 quarter hours of
27 graduate coursework, which must include a minimum of 2
28 semester hours or 3 quarter hours of graduate-level coursework
29 in each of the following seven content areas: counseling
30 theories and practice; human development theories; personality
31 theory; psychopathology or abnormal psychology; human
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1 sexuality theories; group theories and practice; and
2 individual evaluation and assessment. Content may be
3 combined, provided no more than two of the seven content areas
4 are included in any one graduate-level course and the
5 applicant can document that the equivalent of 2 semester hours
6 of content was devoted to each content area. Courses in
7 research, thesis or dissertation work, practicums,
8 internships, or fieldwork may not be applied toward this
9 requirement.
10 b. A minimum of one 2-semester-hour or 3-quarter-hour
11 graduate-level course in research or in career or vocational
12 counseling. Credit for thesis or dissertation work,
13 practicums, internships, or fieldwork may not be applied
14 toward this requirement.
15 c. A minimum of 2 semester hours or 3 quarter hours of
16 graduate-level coursework in legal, ethical, and professional
17 standards issues in the practice of mental health counseling,
18 which includes goals and objectives of professional counseling
19 organizations, codes of ethics, legal considerations,
20 standards of preparation, certifications and licensing, and
21 the role identity of counselors. Courses in research, thesis
22 or dissertation work, practicums, internships, or fieldwork
23 may not be applied toward this requirement.
24 d. A minimum of one supervised practicum, internship,
25 or field experience in a counseling setting. This requirement
26 may be met by a supervised practice experience which takes
27 place outside the academic arena, but which is certified as
28 equivalent to a graduate-level practicum in a clinical mental
29 health counseling setting currently offered within an academic
30 program of a college or university accredited by an
31 accrediting agency approved by the United States Department of
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1 Education. Such certification shall be required from an
2 official of such college or university.
3 2. If the course title which appears on the
4 applicant's transcript does not clearly identify the content
5 of the coursework, the applicant shall be required to provide
6 additional documentation, including, but not limited to, a
7 syllabus or catalog description published for the course.
8
9 Except as provided in sub-subparagraph 1.d., education and
10 training in mental health counseling must have been received
11 in an institution of higher education which at the time the
12 applicant graduated was: fully accredited by a regional
13 accrediting body recognized by the Commission on Recognition
14 of Postsecondary Accreditation; publicly recognized as a
15 member in good standing with the Association of Universities
16 and Colleges of Canada; or an institution of higher education
17 located outside the United States and Canada, which at the
18 time the applicant was enrolled and at the time the applicant
19 graduated maintained a standard of training substantially
20 equivalent to the standards of training of those institutions
21 in the United States which are accredited by a regional
22 accrediting body recognized by the Commission on Recognition
23 of Postsecondary Accreditation. Such foreign education and
24 training must have been received in an institution or program
25 of higher education officially recognized by the government of
26 the country in which it is located as an institution or
27 program to train students to practice as mental health
28 counselors. The burden of establishing that the requirements
29 of this provision have been met shall be upon the applicant,
30 and the board shall require documentation, such as, but not
31 limited to, an evaluation by a foreign equivalency
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1 determination service, as evidence that the applicant's
2 graduate degree program and education were equivalent to an
3 accredited program in this country.
4 (c) Has had not less than 2 years of clinical
5 experience in mental health counseling, which must be at the
6 post-master's level under the supervision of a licensed mental
7 health counselor or the equivalent who is a qualified
8 supervisor as determined by the board. An individual who
9 intends to practice in Florida to satisfy the clinical
10 experience requirements must register pursuant to s. 491.0045
11 prior to commencing practice. If a graduate has a master's
12 degree with a major related to the practice of mental health
13 counseling which did not include all the coursework required
14 under sub-subparagraphs (b)1.a.-c., credit for the
15 post-master's level clinical experience shall not commence
16 until the applicant has completed a minimum of seven of the
17 courses required under sub-subparagraphs (b)1.a.-c., as
18 determined by the board, one of which must be a course in
19 psychopathology or abnormal psychology. A doctoral internship
20 may be applied toward the clinical experience requirement. The
21 clinical experience requirement may be met by work performed
22 on or off the premises of the supervising mental health
23 counselor or the equivalent, provided the off-premises work is
24 not the independent private practice rendering of services
25 that does not have a licensed mental health professional, as
26 determined by the board, on the premises at the same time the
27 intern is providing services.
28 (d) Has passed a theory and practice examination
29 provided by the department for this purpose.
30 (e) Has demonstrated, in a manner designated by rule
31 of the board, knowledge of the laws and rules governing the
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1 practice of clinical social work, marriage and family therapy,
2 and mental health counseling.
3 (5) INTERNSHIP.--An individual who is registered as an
4 intern and has satisfied all of the educational requirements
5 for the profession for which the applicant seeks licensure
6 shall be certified as having met the educational requirements
7 for licensure under this section.
8 (6) RULES.--The board may adopt rules necessary to
9 implement any education or experience requirement of this
10 section for licensure as a clinical social worker, marriage
11 and family therapist, or mental health counselor.
12 Section 103. Effective January 1, 2001, paragraph (b)
13 of subsection (4) of section 491.005, Florida Statutes, as
14 amended by section 13 of chapter 97-198 and section 205 of
15 chapter 97-264, Laws of Florida, is amended, and subsection
16 (6) of that section is reenacted, to read:
17 491.005 Licensure by examination.--
18 (4) Upon verification of documentation and payment of
19 a fee not to exceed $200, as set by board rule, plus the
20 actual per applicant cost to the department for purchase of
21 the examination from the Professional Examination Service for
22 the National Academy of Certified Clinical Mental Health
23 Counselors or a similar national organization, the department
24 shall issue a license as a mental health counselor to an
25 applicant who the board certifies:
26 (b)1. Has a minimum of an earned master's degree from
27 a mental health counseling program accredited by the Council
28 for the Accreditation of Counseling and Related Educational
29 Programs that consists of at least 60 semester hours or 80
30 quarter hours of clinical and didactic instruction, including
31 a course in human sexuality and a course in substance abuse.
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1 If the master's degree is earned from a program related to the
2 practice of mental health counseling that is not accredited by
3 the Council for the Accreditation of Counseling and Related
4 Educational Programs, then the coursework and practicum,
5 internship, or fieldwork must consist of at least 60 semester
6 hours or 80 quarter hours and meet the following requirements:
7 a. Thirty-three Thirty-six semester hours or 44 48
8 quarter hours of graduate coursework, which must include a
9 minimum of 3 semester hours or 4 quarter hours of
10 graduate-level coursework in each of the following 11 12
11 content areas: counseling theories and practice; human growth
12 and development; diagnosis and treatment of psychopathology;
13 human sexuality; group theories and practice; individual
14 evaluation and assessment; career and lifestyle assessment;
15 research and program evaluation; social and cultural
16 foundations; foundations of mental health counseling;
17 counseling in community settings; and substance abuse. Courses
18 in research, thesis or dissertation work, practicums,
19 internships, or fieldwork may not be applied toward this
20 requirement.
21 b. A minimum of 3 semester hours or 4 quarter hours of
22 graduate-level coursework in legal, ethical, and professional
23 standards issues in the practice of mental health counseling,
24 which includes goals, objectives, and practices of
25 professional counseling organizations, codes of ethics, legal
26 considerations, standards of preparation, certifications and
27 licensing, and the role identity and professional obligations
28 of mental health counselors. Courses in research, thesis or
29 dissertation work, practicums, internships, or fieldwork may
30 not be applied toward this requirement.
31
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1 c. The equivalent, as determined by the board, of at
2 least 1,000 hours of university-sponsored supervised clinical
3 practicum, internship, or field experience as required in the
4 accrediting standards of the Council for Accreditation of
5 Counseling and Related Educational Programs for mental health
6 counseling programs. If the academic practicum, internship, or
7 field experience was less than 1,000 hours, experience gained
8 outside the academic arena in clinical mental health settings
9 under the supervision of a qualified supervisor as determined
10 by the board may be applied. This experience may not be used
11 to satisfy the post-master's clinical experience requirement.
12 2. If the course title which appears on the
13 applicant's transcript does not clearly identify the content
14 of the coursework, the applicant shall be required to provide
15 additional documentation, including, but not limited to, a
16 syllabus or catalog description published for the course.
17
18 Education and training in mental health counseling must have
19 been received in an institution of higher education which at
20 the time the applicant graduated was: fully accredited by a
21 regional accrediting body recognized by the Commission on
22 Recognition of Postsecondary Accreditation; publicly
23 recognized as a member in good standing with the Association
24 of Universities and Colleges of Canada; or an institution of
25 higher education located outside the United States and Canada,
26 which at the time the applicant was enrolled and at the time
27 the applicant graduated maintained a standard of training
28 substantially equivalent to the standards of training of those
29 institutions in the United States which are accredited by a
30 regional accrediting body recognized by the Commission on
31 Recognition of Postsecondary Accreditation. Such foreign
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1 education and training must have been received in an
2 institution or program of higher education officially
3 recognized by the government of the country in which it is
4 located as an institution or program to train students to
5 practice as mental health counselors. The burden of
6 establishing that the requirements of this provision have been
7 met shall be upon the applicant, and the board shall require
8 documentation, such as, but not limited to, an evaluation by a
9 foreign equivalency determination service, as evidence that
10 the applicant's graduate degree program and education were
11 equivalent to an accredited program in this country.
12 (6) The board may adopt rules necessary to implement
13 any education or experience requirement of this section for
14 licensure as a clinical social worker, marriage and family
15 therapist, or mental health counselor.
16 Section 104. Paragraph (b) of subsection (1) of
17 section 491.006, Florida Statutes, is amended to read:
18 491.006 Licensure or certification by endorsement.--
19 (1) The department shall license or grant a
20 certificate to a person in a profession regulated by this
21 chapter who, upon applying to the department and remitting the
22 appropriate fee, demonstrates to the board that he or she:
23 (b)1. Holds an active valid license to practice and
24 has actively practiced the profession for which licensure is
25 applied in another state for 3 of the last 5 years immediately
26 preceding licensure.
27 2. Meets the education requirements of this chapter
28 for the profession for which licensure is applied.
29 3. Has passed a substantially equivalent licensing
30 examination in another state or has passed the licensure
31
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1 examination in this state in the profession for which the
2 applicant seeks licensure.
3 4. Holds a license in good standing, is not under
4 investigation for an act which would constitute a violation of
5 this chapter, and has not been found to have committed any act
6 which would constitute a violation of this chapter.
7 Section 105. Section 491.0085, Florida Statutes, is
8 amended to read:
9 491.0085 Continuing education and laws and rules
10 courses; approval of providers, programs, and courses; proof
11 of completion.--
12 (1) Continuing education providers, programs, and
13 courses and laws and rules courses and their providers and
14 programs shall be approved by the department or the board.
15 (2) The department or the board has the authority to
16 set a fee not to exceed $200 for each applicant who applies
17 for or renews provider status. Such fees shall be deposited
18 into the Medical Quality Assurance Health Care Trust Fund.
19 (3) Proof of completion of the required number of
20 hours of continuing education and completion of the laws and
21 rules course shall be submitted to the department or the board
22 in the manner and time specified by rule and on forms provided
23 by the department or the board.
24 (4) The department or the board shall adopt rules and
25 guidelines to administer and enforce the provisions of this
26 section.
27 Section 106. Paragraph (d) of subsection (4) of
28 section 491.014, Florida Statutes, 1998 Supplement, is amended
29 to read:
30 491.014 Exemptions.--
31
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1 (4) No person shall be required to be licensed,
2 provisionally licensed, registered, or certified under this
3 chapter who:
4 (d) Is not a resident of this state but offers
5 services in this state, provided:
6 1. Such services are performed for no more than 5 days
7 in any month and no more than 15 days in any calendar year;
8 and
9 2. Such nonresident is licensed or certified to
10 practice the services provided by a state or territory of the
11 United States or by a foreign country or province.
12 Section 107. Paragraph (a) of subsection (1) and
13 subsection (5) of section 499.012, Florida Statutes, 1998
14 Supplement, are amended to read:
15 499.012 Wholesale distribution; definitions; permits;
16 general requirements.--
17 (1) As used in this section, the term:
18 (a) "Wholesale distribution" means distribution of
19 prescription drugs to persons other than a consumer or
20 patient, but does not include:
21 1. Any of the following activities, which is not a
22 violation of s. 499.005(21) if such activity is conducted in
23 accordance with s. 499.014:
24 a. The purchase or other acquisition by a hospital or
25 other health care entity that is a member of a group
26 purchasing organization of a prescription drug for its own use
27 from the group purchasing organization or from other hospitals
28 or health care entities that are members of that organization.
29 b. The sale, purchase, or trade of a prescription drug
30 or an offer to sell, purchase, or trade a prescription drug by
31 a charitable organization described in s. 501(c)(3) of the
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1 Internal Revenue Code of 1986, as amended and revised, to a
2 nonprofit affiliate of the organization to the extent
3 otherwise permitted by law.
4 c. The sale, purchase, or trade of a prescription drug
5 or an offer to sell, purchase, or trade a prescription drug
6 among hospitals or other health care entities that are under
7 common control. For purposes of this section, "common control"
8 means the power to direct or cause the direction of the
9 management and policies of a person or an organization,
10 whether by ownership of stock, by voting rights, by contract,
11 or otherwise.
12 d. The sale, purchase, trade, or other transfer of a
13 prescription drug from or for any federal, state, or local
14 government agency or any entity eligible to purchase
15 prescription drugs at public health services prices pursuant
16 to s. 602 of Pub. L. No. 102-585 to a contract provider or its
17 subcontractor for eligible patients of the agency or entity
18 under the following conditions:
19 (I) The agency or entity must obtain written
20 authorization for the sale, purchase, trade, or other transfer
21 of a prescription drug under this sub-subparagraph from the
22 Secretary of Health or his or her designee.
23 (II) The contract provider or subcontractor must be
24 authorized by law to administer or dispense prescription
25 drugs.
26 (III) In the case of a subcontractor, the agency or
27 entity must be a party to and execute the subcontract.
28 (IV) A contract provider or subcontractor must
29 maintain separate and apart from other prescription drug
30 inventory any prescription drugs of the agency or entity in
31 its possession.
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1 (V) The contract provider and subcontractor must
2 maintain and produce immediately for inspection all records of
3 movement or transfer of all the prescription drugs belonging
4 to the agency or entity, including, but not limited to, the
5 records of receipt and disposition of prescription drugs.
6 Each contractor and subcontractor dispensing or administering
7 these drugs must maintain and produce records documenting the
8 dispensing or administration. Records that are required to be
9 maintained include, but are not limited to, a perpetual
10 inventory itemizing drugs received and drugs dispensed by
11 prescription number or administered by patient identifier,
12 which must be submitted to the agency or entity quarterly.
13 (VI) The contract provider or subcontractor may
14 administer or dispense the prescription drugs only to the
15 eligible patients of the agency or entity or must return the
16 prescription drugs for or to the agency or entity. The
17 contract provider or subcontractor must require proof from
18 each person seeking to fill a prescription or obtain treatment
19 that the person is an eligible patient of the agency or entity
20 and must, at a minimum, maintain a copy of this proof as part
21 of the records of the contractor or subcontractor required
22 under sub-sub-subparagraph (V).
23 (VII) The prescription drugs transferred pursuant to
24 this sub-subparagraph may not be billed to Medicaid.
25 (VIII) In addition to the departmental inspection
26 authority set forth in s. 499.051, the establishment of the
27 contract provider and subcontractor and all records pertaining
28 to prescription drugs subject to this sub-subparagraph shall
29 be subject to inspection by the agency or entity. All records
30 relating to prescription drugs of a manufacturer under this
31 sub-subparagraph shall be subject to audit by the manufacturer
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1 of those drugs, without identifying individual patient
2 information.
3 2. Any of the following activities, which is not a
4 violation of s. 499.005(21) if such activity is conducted in
5 accordance with rules established by the department:
6 a. The sale, purchase, or trade of a prescription drug
7 among federal, state, or local government health care entities
8 that are under common control and are authorized to purchase
9 such prescription drug.
10 b. The sale, purchase, or trade of a prescription drug
11 or an offer to sell, purchase, or trade a prescription drug
12 for emergency medical reasons.; For purposes of this
13 sub-subparagraph subparagraph, the term "emergency medical
14 reasons" includes transfers of prescription drugs by a retail
15 pharmacy to another retail pharmacy to alleviate a temporary
16 shortage.
17 c. The transfer purchase or acquisition of a
18 prescription drug acquired by a medical director on behalf of
19 a licensed an emergency medical services provider to that
20 medical director for use by emergency medical services
21 provider and its transport vehicles for use in accordance with
22 the provider's license under providers acting within the scope
23 of their professional practice pursuant to chapter 401.
24 d. The revocation of a sale or the return of a
25 prescription drug to the person's prescription drug wholesale
26 supplier.
27 e. The donation of a prescription drug by a health
28 care entity to a charitable organization that has been granted
29 an exemption under s. 501(c)(3) of the Internal Revenue Code
30 of 1986, as amended, and that is authorized to possess
31 prescription drugs.
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1 f. The transfer of a prescription drug by a person
2 authorized to purchase or receive prescription drugs to a
3 person licensed or permitted to handle reverse distributions
4 or destruction under the laws of the jurisdiction in which the
5 person handling the reverse distribution or destruction
6 receives the drug.
7 3. The dispensing of a prescription drug pursuant to a
8 prescription;
9 3.4. The distribution of prescription drug samples by
10 manufacturers' representatives or distributors'
11 representatives conducted in accordance with s. 499.028.; or
12 4.5. The sale, purchase, or trade of blood and blood
13 components intended for transfusion. As used in this
14 subparagraph section, the term "blood" means whole blood
15 collected from a single donor and processed either for
16 transfusion or further manufacturing, and the term "blood
17 components" means that part of the blood separated by physical
18 or mechanical means.
19 5. The lawful dispensing of a prescription drug in
20 accordance with chapter 465.
21 (5) The department may adopt rules governing the
22 recordkeeping, storage, and handling with respect to each of
23 the distributions of prescription drugs specified in
24 subparagraphs (1)(a)1.-4. (1)(a)1., 2., 4., and 5.
25 Section 108. Subsection (6) is added to section
26 626.883, Florida Statutes, to read:
27 626.883 Administrator as intermediary; collections
28 held in fiduciary capacity; establishment of account;
29 disbursement; payments on behalf of insurer.--
30 (6) All payments to a health care provider by a fiscal
31 intermediary for noncapitated providers must include an
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1 explanation of services being reimbursed which includes, at a
2 minimum, the patient's name, the date of service, the
3 procedure code, the amount of reimbursement, and the
4 identification of the plan on whose behalf the payment is
5 being made. For capitated providers, the statement of services
6 must include the number of patients covered by the contract,
7 the rate per patient, the total amount of the payment, and the
8 identification of the plan on whose behalf the payment is
9 being made.
10 Section 109. Paragraph (a) of subsection (2) of
11 section 641.316, Florida Statutes, 1998 Supplement, is amended
12 to read:
13 641.316 Fiscal intermediary services.--
14 (2)(a) The term "fiduciary" or "fiscal intermediary
15 services" means reimbursements received or collected on behalf
16 of health care professionals for services rendered, patient
17 and provider accounting, financial reporting and auditing,
18 receipts and collections management, compensation and
19 reimbursement disbursement services, or other related
20 fiduciary services pursuant to health care professional
21 contracts with health maintenance organizations. All payments
22 to a health care provider by a fiscal intermediary for
23 noncapitated providers must include an explanation of services
24 being reimbursed which includes, at a minimum, the patient's
25 name, the date of service, the procedure code, the amount of
26 reimbursement, and the identification of the plan on whose
27 behalf the payment is being made. For capitated providers, the
28 statement of services must include the number of patients
29 covered by the contract, the rate per patient, the total
30 amount of the payment, and the identification of the plan on
31 whose behalf the payment is being made.
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1 Section 110. Task Force on Telehealth.--
2 (1) Because telecommunications technology has made it
3 possible to provide a wide range of health care services
4 across state lines between healthcare practitioners and
5 patients, it is the intent of the Legislature to protect the
6 health and safety of all patients in this state receiving
7 services by means of such technology and to ensure the
8 accountability of the healthcare profession with respect to
9 unsafe and incompetent practitioners using such technology to
10 provide health care services to patients in this state.
11 (2) The Secretary of Health shall appoint a task force
12 consisting of representatives from the affected medical and
13 allied health professions and other affected health care
14 industries.
15 (3) The task force shall address the following:
16 (a) Identification of various electronic
17 communications or telecommunications technologies currently
18 used within the state and by other states to provide
19 healthcare information.
20 (b) Identification of laws, regulations, and
21 reimbursement practices that serve as barriers to
22 implementation of electronic communications related to health
23 care.
24 (c) Recommendation of the appropriate level of
25 regulation of health care professionals necessary to protect
26 the health and safety of patients in this state, including
27 analysis of existing provisions governing in-state
28 professionals such as licensing, financial responsibility, and
29 medical malpractice insurance requirements.
30 (d) Potential preemption of state regulation by the
31 Commerce Clause of the United States Constitution.
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1 (e) The effect of telehealth on access to health care
2 in rural and under-served areas.
3 (f) Potential antitrust concerns.
4 (g) The effect of regulations by other states or
5 jurisdictions on health care professionals in this state who
6 provide consultative services through telehealth to entities
7 and patients outside the state.
8 (h) Research on other public and private data and
9 initiatives related to telehealth.
10 (i) Any other issue affecting the health, safety, and
11 welfare of patients through telehealth identified by the task
12 force.
13 (4) The task force shall submit a report of its
14 findings and recommendations by January 1, 2000, to the
15 Governor, the President of the Senate, and the Speaker of the
16 House of Representatives.
17 Section 111. Subsection (1) of section 468.352,
18 Florida Statutes, is amended to read:
19 468.352 Definitions.--As used in this part, unless the
20 context otherwise requires, the term:
21 (1) "Board" means the Board of Respiratory Care
22 Medicine.
23 Section 112. Section 468.353, Florida Statutes, is
24 amended to read:
25 468.353 Board of Respiratory Care Medicine; powers and
26 duties.--
27 (1) The board, with the assistance of the Advisory
28 Council on Respiratory Care, is authorized to establish
29 minimum standards for the delivery of respiratory care
30 services and to adopt those rules necessary to administer this
31 part.
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1 (2) The board may administer oaths, summon witnesses,
2 and take testimony in all matters relating to its duties under
3 this part.
4 (3) The board may adopt rules to administer this part,
5 including rules governing the investigation, inspection, and
6 review of schools and colleges that offer courses in
7 respiratory care in order to ascertain their compliance with
8 standards established by the board or appropriate accrediting
9 agencies delegate such powers and duties to the council as it
10 may deem proper.
11 Section 113. Section 468.354, Florida Statutes, is
12 amended to read:
13 468.354 Board of Advisory Council on Respiratory Care;
14 organization; function.--
15 (1) There is created within the department, the Board
16 of Advisory Council on Respiratory Care, composed of seven
17 members appointed by the Governor and confirmed by the Senate
18 under the supervision of the board.
19 (2) The board council shall consist of five members
20 appointed by the board and shall include:
21 (a) A registered respiratory therapist.
22 (b) A certified respiratory therapist care
23 practitioner.
24 (c) A respiratory care professional from each of the
25 following areas:
26 1. Respiratory care education.
27 2. Respiratory care management and supervision.
28 3. Homecare/subacute Cardiopulmonary diagnostics.
29 (d) Two consumer members, who are residents of this
30 state and have never been licensed as health care
31 practitioners.
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1
2 Each member of the council shall be a respiratory care
3 professional on the board must have who has been actively
4 engaged in the delivery of respiratory care services in this
5 state for at least 4 consecutive years prior to appointment.
6 (3)(a) Except as provided in paragraph (b), the term
7 of office for each board council member shall be 4 years. No
8 member shall serve for more than two consecutive terms. Any
9 time there is a vacancy to be filled on the council, all
10 professional organizations dealing with respiratory therapy
11 incorporated within the state as not for profit which register
12 their interest with the board shall recommend at least twice
13 as many persons to fill the vacancy to the council as the
14 number of vacancies to be filled, and the Governor board may
15 appoint from the submitted list, in his its discretion, any of
16 those persons so recommended. The Governor board shall,
17 insofar as possible, appoint persons from different
18 geographical areas.
19 (b) In order To achieve staggering of terms, within
20 120 days after July 1, 1999, October 1, 1984, the Governor
21 board shall appoint the board members of the council as
22 follows:
23 1. Two members One member shall be appointed for terms
24 a term of 2 years.
25 2. Two members shall be appointed for terms of 3
26 years.
27 3. Three Two members shall be appointed for terms of 4
28 years.
29 (c) All provisions of part II of chapter 455, relating
30 to boards apply to this part.
31
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1 (4)(a) The board council shall annually elect from
2 among its members a chair and vice chair.
3 (b) The board council shall meet at least twice a year
4 and shall hold such additional meetings as are deemed
5 necessary by the board. Four Three members of the council
6 constitute a quorum.
7 (c) Unless otherwise provided by law, a board council
8 member shall be compensated $50 for each day he or she attends
9 an official board meeting of the council and for each day he
10 or she participates in any other board business involving the
11 council. A board council member shall also be entitled to
12 reimbursement for expenses pursuant to s. 112.061. Travel out
13 of the state shall require the prior approval of the secretary
14 of the department.
15 (5)(a) The board may council shall recommend to the
16 department a code of ethics for those persons licensed
17 pursuant to this part.
18 (b) The council shall make recommendations to the
19 department for the approval of continuing education courses.
20 Section 114. Section 468.355, Florida Statutes, is
21 amended to read:
22 468.355 Eligibility for licensure; temporary
23 licensure.--
24 (1) To be eligible for licensure by the board as a
25 respiratory care practitioner, an applicant must:
26 (a) Be at least 18 years old.
27 (b) Possess a high school diploma or a graduate
28 equivalency diploma.
29 (c) Meet at least one of the following criteria:
30 1. The applicant has successfully completed a training
31 program for respiratory therapy technicians or respiratory
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1 therapists approved by the Commission on Accreditation of
2 Allied Health Education Programs, or the equivalent thereof,
3 as accepted by the board.
4 2. The applicant is currently a "Certified Respiratory
5 Therapy Technician" certified by the National Board for
6 Respiratory Care, or the equivalent thereof, as accepted by
7 the board.
8 3. The applicant is currently a "Registered
9 Respiratory Therapist" registered by the National Board for
10 Respiratory Care, or the equivalent thereof, as accepted by
11 the board.
12 4. The applicant is currently employed in this state
13 as a respiratory care practitioner or respiratory therapist on
14 October 1, 1984.
15
16 The criteria set forth in subparagraphs 2. and 3.
17 notwithstanding, the board shall periodically annually review
18 the examinations and standards of the National Board for
19 Respiratory Care and may reject those examinations and
20 standards if they are deemed inappropriate.
21 (2) To be eligible for licensure by the board as a
22 respiratory therapist, an applicant must:
23 (a) Be at least 18 years old.
24 (b) Possess a high school diploma or a graduate
25 equivalency diploma.
26 (c) Meet at least one of the following criteria:
27 1. The applicant has successfully completed a training
28 program for respiratory therapists approved by the Commission
29 on Accreditation of Allied Health Education Programs, or the
30 equivalent thereof, as accepted by the board.
31
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1 2. The applicant is currently a "Registered
2 Respiratory Therapist" registered by the National Board for
3 Respiratory Care, or the equivalent thereof, as accepted by
4 the board.
5
6 The criteria set forth in subparagraphs 1. and 2.
7 notwithstanding, the board shall periodically annually review
8 the examinations and standards of the National Board for
9 Respiratory Care and may reject those examinations and
10 standards if they are deemed inappropriate.
11 (3) With respect to the delivery of respiratory care
12 services, the board shall establish procedures for temporary
13 licensure of eligible individuals entering the state and
14 temporary licensure of those persons who have graduated from a
15 program approved by the board. Such temporary licensure shall
16 be for a period not to exceed 1 year.
17 Section 115. Section 468.357, Florida Statutes, is
18 amended to read:
19 468.357 Licensure by examination.--
20 (1) A person who desires to be licensed as a
21 respiratory care practitioner may submit an application to the
22 department to take the examination, in accordance with board
23 rule to be administered by the department.
24 (a) The department shall examine Each applicant may
25 take the examination who is determined by the board to have:
26 1. Completed the application form and remitted the
27 applicable fee set by the board;
28 2. Submitted required documentation as required in s.
29 468.355; and
30 3. Remitted an examination fee set by the examination
31 provider board.
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1 (b) The department shall conduct Examinations for
2 licensure of respiratory care practitioners must be conducted
3 no less than two times a year in such geographical locations
4 or by such methods as are deemed advantageous to the majority
5 of the applicants.
6 (c) The examination given for respiratory care
7 practitioners shall be the same as that given by the National
8 Board for Respiratory Care for entry-level certification of
9 respiratory therapy technicians. However, an equivalent
10 examination may be accepted by the board in lieu of that
11 examination.
12 (2) Each applicant who passes the examination shall be
13 entitled to licensure as a respiratory care practitioner, and
14 the department shall issue a license pursuant to this part to
15 any applicant who successfully completes the examination in
16 accordance with this section. However, the department shall
17 not issue a license to any applicant who is under
18 investigation in another jurisdiction for an offense which
19 would constitute a violation of this part. Upon completion of
20 such an investigation, if the applicant is found guilty of
21 such an offense, the applicable provisions of s. 468.365 will
22 apply.
23 (3) Any person who was employed in this state on or
24 before September 30, 1983, as a respiratory therapy technician
25 or respiratory therapist, and who has performed services in
26 such professional capacity for 4 years or more by October 1,
27 1987, under the supervision of a licensed physician or in a
28 hospital or licensed health care facility, shall be issued a
29 license without examination, if such person provides
30 acceptable documentation of performance of such services to
31 the board. Such documentation shall include certification by
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1 a physician licensed pursuant to chapter 458 or chapter 459
2 who has direct knowledge of the practice of, or who has
3 supervised, the person. If such person is not determined to
4 have performed critical care respiratory services for at least
5 4 years, the board may limit the license of such person to the
6 performance of noncritical care respiratory services.
7 Section 116. Section 468.364, Florida Statutes, 1998
8 Supplement, is amended to read:
9 468.364 Fees; establishment; disposition.--
10 (1) The board shall establish by rule fees for the
11 following purposes:
12 (a) Application, a fee not to exceed $50.
13 (b) Examination, a fee not to exceed $125 plus the
14 actual per applicant cost to the department for purchase of
15 the examination from the National Board for Respiratory Care
16 or a similar national organization.
17 (b)(c) Initial licensure, a fee not to exceed $200.
18 (c)(d) Renewal of licensure, a fee not to exceed $200
19 biennially.
20 (d)(e) Renewal of inactive licensure, a fee not to
21 exceed $50.
22 (e)(f) Reactivation, a fee not to exceed $50.
23 (2) The fees established pursuant to subsection (1)
24 shall be based upon the actual costs incurred by the
25 department in carrying out its responsibilities under this
26 part.
27 (3) All moneys collected by the department under this
28 part shall be deposited as required by s. 455.587.
29 Section 117. Paragraph (f) of subsection (1) of
30 section 468.365, Florida Statutes, 1998 Supplement, is amended
31 to read:
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1 468.365 Disciplinary grounds and actions.--
2 (1) The following acts constitute grounds for which
3 the disciplinary actions in subsection (2) may be taken:
4 (f) Unprofessional conduct, which includes, but is not
5 limited to, any departure from, or failure to conform to,
6 acceptable standards related to the delivery of respiratory
7 care services, as set forth by the board and the Advisory
8 Council on Respiratory Care in rules adopted pursuant to this
9 part.
10 Section 118. Section 400.462, Florida Statutes, is
11 amended to read:
12 400.462 Definitions.--As used in this part, the term:
13 (1) "Certified nursing assistant" means any person who
14 has been issued a certificate after fulfilling the
15 requirements of s. 400.211.
16 (2) "Companion" or "sitter" means a person who cares
17 for an elderly, handicapped, or convalescent individual and
18 accompanies such individual on trips and outings and may
19 prepare and serve meals to such individual.
20 (3) "Department" means the Department of Health and
21 Rehabilitative Services.
22 (4) "Home health agency" means an organization that
23 provides home health services and staffing services for health
24 care facilities.
25 (5) "Home health agency personnel" means persons who
26 are employed by or under contract with a home health agency
27 and enter the home or place of residence of patients at any
28 time in the course of their employment or contract.
29 (6) "Home health aide" means a person who has
30 accomplished training required by the Agency for Health Care
31 Administration and is authorized to provide hands-on care,
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1 including assisting the patient in the activities of daily
2 living, such as dressing, grooming, bathing, eating, and
3 personal hygiene, and assisting with physical transfer,
4 ambulation, and self-administered medications.
5 (7)(6) "Home health services" means health and medical
6 services and medical supplies furnished to an individual by
7 home health agency personnel or by others under arrangements
8 with the agency, on a visiting basis, in the individual's home
9 or place of residence. The term includes, but is not limited
10 to, the following:
11 (a) Nursing care.
12 (b) Physical, occupational, respiratory, or speech
13 therapy.
14 (c) Home health aide services.
15 (d) Nutritional guidance.
16 (e) Medical supplies, restricted to drugs and
17 biologicals prescribed by a physician.
18 (8)(7) "Homemaker" means a person who performs
19 household chores that include housekeeping, meal planning and
20 preparation, shopping assistance, and routine household
21 activities for an elderly, handicapped, or convalescent
22 individual.
23 (9)(8) "Nurse registry" means any person that
24 procures, offers, promises, or attempts to secure
25 health-care-related contracts for registered nurses, licensed
26 practical nurses, certified nursing assistants, home health
27 aides, sitters, companions, or homemakers, who are compensated
28 by fees as independent contractors, including, but not limited
29 to, contracts for the provision of services to patients and
30 contracts to provide private duty or staffing services to
31
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1 health care facilities licensed under chapter 395 or this
2 chapter.
3 (10)(9) "Patient" means any person who receives home
4 health services in his or her home or place of residence.
5 (11)(10) "Screening" means the assessment of the
6 background of home health agency personnel, nurse registry
7 personnel, and persons registered under s. 400.509 and
8 includes employment history checks, records checks of the
9 department's central abuse hotline under chapter 415 relating
10 to vulnerable adults, and statewide criminal records
11 correspondence checks through the Department of Law
12 Enforcement.
13 (12)(11) "Staffing services" means services provided
14 to a health care facility on a temporary basis by licensed
15 health care personnel, including certified nursing assistants.
16 Section 119. Subsection (10) of section 400.506,
17 Florida Statutes, 1998 Supplement, is amended to read:
18 400.506 Licensure of nurse registries; requirements;
19 penalties.--
20 (10)(a) A nurse registry may refer for contract in
21 private residences registered nurses and licensed practical
22 nurses registered and licensed under chapter 464, certified
23 nursing assistants certified under s. 400.211, home health
24 aides, and sitters, companions, or homemakers for the purposes
25 of providing those services authorized under s. 400.509(1).
26 (b) A certified nursing assistant or home health aide
27 may be referred for a contract to provide care to a patient in
28 his or her home only if that patient is under a physician's
29 care. A certified nursing assistant referred for contract in
30 a private residence shall be limited to assisting a patient
31 with bathing, dressing, toileting, grooming, eating, physical
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1 transfer, and those normal daily routines the patient could
2 perform for himself or herself were he or she physically
3 capable. A certified nursing assistant may not provide
4 medical or other health care services that require specialized
5 training and that may be performed only by licensed health
6 care professionals. The nurse registry shall obtain the name
7 and address of the attending physician and send written
8 notification to the physician within 48 hours after a contract
9 is concluded that a certified nursing assistant will be
10 providing care for that patient.
11 (c) A registered nurse shall make monthly visits to
12 the patient's home to assess the patient's condition and the
13 quality of care being provided by the certified nursing
14 assistant or home health aide. Any condition that which in
15 the professional judgment of the nurse requires further
16 medical attention shall be reported to the attending physician
17 and the nurse registry. The assessment shall become a part of
18 the patient's file with the nurse registry and may be reviewed
19 by the Agency for Health Care Administration during their
20 survey procedure.
21 (d) In order to refer for contract in private
22 residences a certified nursing assistant or any person
23 specified in s. 400.509(1), the nurse registry and such person
24 registered with the nurse registry must also be registered
25 under s. 400.509. Any person registered as an independent
26 contractor with a nurse registry for the purpose of providing
27 services authorized under s. 400.509(1) on or before October
28 1, 1990, is exempt from registration under s. 400.509 so long
29 as such person remains continuously registered with that nurse
30 registry.
31
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1 Section 120. Paragraph (a) of subsection (2) of
2 section 464.016, Florida Statutes, is amended to read:
3 464.016 Violations and penalties.--
4 (2) Each of the following acts constitutes a
5 misdemeanor of the first degree, punishable as provided in s.
6 775.082 or s. 775.083:
7 (a) Using the name or title "Nurse," "Registered
8 Nurse," "Licensed Practical Nurse," "Advanced Registered Nurse
9 Practitioner," or any other name or title which implies that a
10 person was licensed or certified as same, unless such person
11 is duly licensed or certified.
12 Section 121. Paragraphs (b) and (c) of subsection (1)
13 of section 458.3115, Florida Statutes, 1998 Supplement, are
14 amended to read:
15 458.3115 Restricted license; certain foreign-licensed
16 physicians; United States Medical Licensing Examination
17 (USMLE) or agency-developed examination; restrictions on
18 practice; full licensure.--
19 (1)
20 (b) A person who is eligible to take and elects to
21 take the USMLE who has previously passed part 1 or part 2 of
22 the previously administered FLEX shall not be required to
23 retake or pass the equivalent parts of the USMLE up to the
24 year 2002 2000.
25 (c) A person shall be eligible to take such
26 examination for restricted licensure if the person:
27 1. Has taken, upon approval by the board, and
28 completed, in November 1990 or November 1992, one of the
29 special preparatory medical update courses authorized by the
30 board and the University of Miami Medical School and
31 subsequently passed the final course examination; upon
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1 approval by the board to take the course completed in 1990 or
2 in 1992, has a certificate of successful completion of that
3 course from the University of Miami or the Stanley H. Kaplan
4 course; or can document to the department that he or she was
5 one of the persons who took and successfully completed the
6 Stanley H. Kaplan course that was approved by the Board of
7 Medicine and supervised by the University of Miami. At a
8 minimum, the documentation must include class attendance
9 records and the test score on the final course examination;
10 2. Applies to the agency and submits an application
11 fee that is nonrefundable and equivalent to the fee required
12 for full licensure;
13 3. Documents no less than 2 years of the active
14 practice of medicine in any another jurisdiction;
15 4. Submits an examination fee that is nonrefundable
16 and equivalent to the fee required for full licensure plus the
17 actual per-applicant cost to the agency to provide either
18 examination described in this section;
19 5. Has not committed any act or offense in this or any
20 other jurisdiction that would constitute a substantial basis
21 for disciplining a physician under this chapter or part II of
22 chapter 455; and
23 6. Is not under discipline, investigation, or
24 prosecution in this or any other jurisdiction for an act that
25 would constitute a violation of this chapter or part II of
26 chapter 455 and that substantially threatened or threatens the
27 public health, safety, or welfare.
28 Section 122. Subsection (2) of section 458.3124,
29 Florida Statutes, 1998 Supplement, is amended to read:
30 458.3124 Restricted license; certain experienced
31 foreign-trained physicians.--
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1 (2) A person applying for licensure under this section
2 must submit to the Department of Health on or before December
3 31, 2000 1998:
4 (a) A completed application and documentation required
5 by the Board of Medicine to prove compliance with subsection
6 (1); and
7 (b) A nonrefundable application fee not to exceed $500
8 and a nonrefundable examination fee not to exceed $300 plus
9 the actual cost to purchase and administer the examination.
10 Section 123. Effective upon this act becoming a law,
11 section 301 of chapter 98-166, Laws of Florida, is amended to
12 read:
13 Section 301. The sum of $1.2 million from the
14 unallocated balance in the Medical Quality Assurance Trust
15 Fund is appropriated to the Department of Health to allow the
16 department to develop the examination required for foreign
17 licensed physicians in section 458.3115(1)(a), Florida
18 Statutes, through a contract with the University of South
19 Florida. The department shall charge examinees a fee not to
20 exceed 25 percent of the cost of the actual costs of the first
21 examination administered pursuant to section 458.3115, Florida
22 Statutes, 1998 Supplement, and a fee not to exceed 75 percent
23 of the actual costs for any subsequent examination
24 administered pursuant to that section.
25 Section 124. Section 455.601, Florida Statutes, is
26 amended to read:
27 455.601 Hepatitis B or human immunodeficiency
28 carriers.--
29 (1) The department and each appropriate board within
30 the Division of Medical Quality Assurance shall have the
31 authority to establish procedures to handle, counsel, and
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1 provide other services to health care professionals within
2 their respective boards who are infected with hepatitis B or
3 the human immunodeficiency virus.
4 (2) Any person licensed by the department and any
5 other person employed by a health care facility who contracts
6 a blood-borne infection shall have a rebuttable presumption
7 that the illness was contracted in the course and scope of his
8 or her employment when the person reports one or more specific
9 significant exposures to the infection as defined in s.
10 381.004. The employer may rebut the presumption by the
11 preponderance of the evidence. Except as expressly provided in
12 this subsection, there shall be no presumption that such
13 infection is a job-related illness.
14 Section 125. Part XV of chapter 468, Florida Statutes,
15 consisting of sections 468.821, 468.822, 468.823, 468.824,
16 468.825, 468.826, 468.827, and 468.828, Florida Statutes, is
17 created to read:
18 468.821 Definitions.--As used in this part, the term:
19 (1) "Approved training program" means:
20 (a) A course of training conducted by a public sector
21 or private sector educational center licensed by the
22 Department of Education to implement the basic curriculum for
23 nursing assistants which is approved by the Department of
24 Education.
25 (b) A training program operated under s. 400.211.
26 (2) "Certified nursing assistant" means a person who
27 meets the qualifications specified in this part and who is
28 certified by the department as a certified nursing assistant.
29 (3) "Department" means the Department of Health.
30 (4) "Registry" means the listing of certified nursing
31 assistants maintained by the department.
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1 468.822 Duties and powers of the department.--The
2 department shall maintain, or contract with or approve another
3 entity to maintain, a state registry of certified nursing
4 assistants. The registry must consist of the name of each
5 certified nursing assistant in this state; other identifying
6 information defined by department rule; certification status;
7 the effective date of certification; other information
8 required by state or federal law; information regarding any
9 crime or any abuse, neglect, or exploitation as provided under
10 chapter 435; and any disciplinary action taken against the
11 certified nursing assistant. The registry shall be accessible
12 to the public, the certificateholder, employers, and other
13 state agencies. The department shall adopt by rule testing
14 procedures for use in certifying nursing assistants and shall
15 adopt rules regulating the practice of certified nursing
16 assistants to enforce this part. The department may contract
17 with or approve another entity or organization to provide the
18 examination services, including the development and
19 administration of examinations. The provider shall pay all
20 reasonable costs and expenses incurred by the department in
21 evaluating the provider's application and performance during
22 the delivery of services, including examination services and
23 procedures for maintaining the certified nursing assistant
24 registry.
25 468.823 Certified nursing assistants; certification
26 requirement.--
27 (1) The department shall issue a certificate to
28 practice as a certified nursing assistant to any person who
29 demonstrates a minimum competency to read and write and meets
30 one of the following requirements:
31
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1 (a) Has successfully completed an approved training
2 program and achieved a minimum score, established by rule of
3 the department, on the nursing assistant competency
4 examination, which consists of a written portion and
5 skills-demonstration portion approved by the department and
6 administered at a site and by personnel approved by the
7 department.
8 (b) Has achieved a minimum score, established by rule
9 of the department, on the nursing assistant competency
10 examination, which consists of a written portion and
11 skills-demonstration portion, approved by the department and
12 administered at a site and by personnel approved by the
13 department and:
14 1. Has a high school diploma, or its equivalent; or
15 2. Is at least 18 years of age.
16 (c) Is currently certified in another state; is listed
17 on that state's certified nursing assistant registry; has not
18 been found to have committed abuse, neglect, or exploitation
19 in that state; and has successfully completed a national
20 nursing assistant evaluation in order to receive certification
21 in that state.
22 (2) If an applicant fails to pass the nursing
23 assistant competency examination in three attempts, the
24 applicant is not eligible for reexamination unless the
25 applicant completes an approved training program.
26 (3) An oral examination shall be administered as a
27 substitute for the written portion of the examination upon
28 request. The oral examination shall be administered at a site
29 and by personnel approved by the department.
30 (4) The department shall adopt rules to provide for
31 the initial certification of certified nursing assistants.
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1 (5) A certified nursing assistant shall maintain a
2 current address with the department in accordance with s.
3 455.717.
4 468.824 Denial, suspension, or revocation of
5 certification; disciplinary actions.--
6 (1) The following acts constitute grounds for which
7 the department may impose disciplinary sanctions as specified
8 in subsection (2):
9 (a) Obtaining or attempting to obtain an exemption, or
10 possessing or attempting to possess a letter of exemption, by
11 bribery, misrepresentation, deceit, or through an error of the
12 department.
13 (b) Intentionally violating any provision of this
14 chapter, chapter 455, or the rules adopted by the department.
15 (2) When the department finds any person guilty of any
16 of the grounds set forth in subsection (1), it may enter an
17 order imposing one or more of the following penalties:
18 (a) Denial, suspension, or revocation of
19 certification.
20 (b) Imposition of an administrative fine not to exceed
21 $150 for each count or separate offense.
22 (c) Imposition of probation or restriction of
23 certification, including conditions such as corrective actions
24 as retraining.
25 (3) The department may, upon the request of a
26 certificateholder, exempt the certificateholder from
27 disqualification of certification or disqualification of
28 employment in accordance with chapter 435 and issue a letter
29 of exemption.
30
31
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1 After January 1, 2000, the department must notify an applicant
2 seeking an exemption from disqualification from certification
3 or employment of its decision to approve or deny the request
4 within 30 days after the date the department receives all
5 required documentation.
6 468.825 Availability of disciplinary records and
7 proceedings.--Pursuant to s. 455.621, any complaint or record
8 maintained by the Department of Health pursuant to the
9 discipline of a certified nursing assistant and any proceeding
10 held by the department to discipline a certified nursing
11 assistant shall remain open and available to the public.
12 468.826 Exemption from liability.--If an employer
13 terminates or denies employment to a certified nursing
14 assistant whose certification is inactive as shown on the
15 certified nursing assistant registry or whose name appears on
16 the central abuse registry and tracking system of the
17 Department of Children and Family Services or on a criminal
18 screening report of the Department of Law Enforcement, the
19 employer is not civilly liable for such termination and a
20 cause of action may not be brought against the employer for
21 damages, regardless of whether the employee has filed for an
22 exemption from the department under s. 468.824(1). There may
23 not be any monetary liability on the part of, and a cause of
24 action for damages may not arise against, any licensed
25 facility, its governing board or members thereof, medical
26 staff, disciplinary board, agents, investigators, witnesses,
27 employees, or any other person for any action taken in good
28 faith without intentional fraud in carrying out this section.
29 468.827 Penalties.--It is a misdemeanor of the first
30 degree, punishable as provided under s. 775.082 or s. 775.083,
31 for any person, knowingly or intentionally, to fail to
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1 disclose, by false statement, misrepresentation,
2 impersonation, or other fraudulent means, in any application
3 for voluntary or paid employment or licensure regulated under
4 this part, a material fact used in making a determination as
5 to such person's qualifications to be an employee or licensee.
6 468.828 Background screening information; rulemaking
7 authority.--
8 (1) The Agency for Health Care Administration shall
9 allow the department to electronically access its background
10 screening database and records and the Department of Children
11 and Families shall allow the department to electronically
12 access its central abuse registry and tracking system under
13 chapter 415.
14 (2) An employer, or an agent thereof, may not use
15 criminal records, juvenile records, or information obtained
16 from the central abuse hotline under chapter 415 for any
17 purpose other than determining if the person meets the
18 requirements of this part. Such records and information
19 obtained by the department shall remain confidential and
20 exempt from s. 119.07(1).
21 (3) If the requirements of the Omnibus Budget
22 Reconciliation Act of 1987, as amended, for the certification
23 of nursing assistants are in conflict with this part, the
24 federal requirements shall prevail for those facilities
25 certified to provide care under Title XVIII (Medicare) or
26 Title XIX (Medicaid) of the Social Security Act.
27 (4) The department shall adopt rules to administer
28 this part.
29 Section 126. Certified nursing assistant registry.--
30 (1) By October 1, 1999, and by October 1 of every year
31 thereafter, each employer of certified nursing assistants
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1 shall submit to the Department of Health a list of the names
2 and social security numbers of each person employed by the
3 employer as a certified nursing assistant in a nursing-related
4 occupation for a minimum of 8 hours for monetary compensation
5 during the preceding 24 months. Employers may submit such
6 information electronically through the department's Internet
7 site.
8 (2) The department shall update the certified nursing
9 assistant registry upon receipt of the lists of certified
10 nursing assistants, and shall complete the first of such
11 updates by December 31, 1999.
12 (3) Each certified nursing assistant whose name is not
13 reported to the department under subsection (1) on October 1,
14 1999, shall be assigned an inactive certification on January
15 1, 2000. A certified nursing assistant may remove such an
16 inactive certification by submitting documentation to the
17 department that he or she was employed for a minimum of 8
18 hours for monetary compensation as a certified nursing
19 assistant in a nursing-related occupation during the preceding
20 24 months.
21 (4) This section is repealed October 2, 2001.
22 Section 127. Section 400.211, Florida Statutes, 1998
23 Supplement, is amended to read:
24 400.211 Persons employed as nursing assistants;
25 certification requirement.--
26 (1) A person must be certified under part XV of
27 chapter 468 pursuant to this section, except a registered
28 nurse or practical nurse licensed in accordance with the
29 provisions of chapter 464 or an applicant for such licensure
30 who is permitted to practice nursing in accordance with rules
31 adopted promulgated by the Board of Nursing pursuant to
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1 chapter 464, to serve as a nursing assistant in any nursing
2 home. The Department of Health shall issue a certificate to
3 any person who:
4 (a) Has successfully completed a nursing assistant
5 program in a state-approved school and has achieved a minimum
6 score of 75 percent on the written portion of the Florida
7 Nursing Assistant Certification Test approved by the
8 Department of Health and administered by state-approved test
9 site personnel;
10 (b) Has achieved a minimum score of 75 percent on the
11 written and performance portions of the Florida Nursing
12 Assistant Certification Test approved by the Department of
13 Health and administered by state-approved test site personnel;
14 or
15 (c) Is currently certified in another state, is on
16 that state's registry, has no findings of abuse, and has
17 achieved a minimum score of 75 percent on the written portion
18 of the Florida Nursing Assistant Certification Test approved
19 by the Department of Health and administered by state-approved
20 test site personnel.
21
22 An oral examination shall be administered upon request.
23 (2) The agency may deny, suspend, or revoke the
24 certification of any person to serve as a nursing assistant,
25 based upon written notification from a court of competent
26 jurisdiction, law enforcement agency, or administrative agency
27 of any finding of guilt of, regardless of adjudication, or a
28 plea of nolo contendere or guilty to, any offense set forth in
29 the level 1 screening standards of chapter 435 or any
30 confirmed report of abuse of a vulnerable adult.
31
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1 (2)(3) The following categories of persons who are not
2 certified as nursing assistants under this part may be
3 employed by a nursing facility for a period of 4 months:
4 (a) Persons who are enrolled in a state-approved
5 nursing assistant program; or
6 (b) Persons who have been positively verified by a
7 state-approved test site as certified and on the registry in
8 another state with no findings of abuse, but who have not
9 completed the written examination required under this section.
10
11 The certification requirement must be met within 4 months of
12 initial employment as a nursing assistant in a licensed
13 nursing facility.
14 (4) A person certified under this section on or after
15 September 30, 1990, who has not worked for pay as a nursing
16 assistant in a nursing-related occupation for a period of time
17 during a consecutive 24-month period must be recertified under
18 this section to be eligible to work in a nursing facility.
19 (3)(5) Nursing homes shall require persons seeking
20 employment as a certified nursing assistant to submit an
21 employment history to the facility. The facility shall verify
22 the employment history unless, through diligent efforts, such
23 verification is not possible. There shall be no monetary
24 liability on the part of, and no cause of action for damages
25 shall arise against, a former employer who reasonably and in
26 good faith communicates his or her honest opinion about a
27 former employee's job performance.
28 (6) If the requirements pursuant to the Omnibus Budget
29 Reconciliation Act of 1987, as amended, for the certification
30 of nursing assistants are in conflict with this section, the
31 federal requirements shall prevail for those facilities
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1 certified to provide care under Title XVIII (Medicare) or
2 Title XIX (Medicaid) of the Social Security Act.
3 (7) The Department of Health may adopt such rules as
4 are necessary to carry out this section.
5 Section 128. Subsection (7) of section 490.003,
6 Florida Statutes, is amended to read:
7 490.003 Definitions.--As used in this chapter:
8 (7) "Psychologist or psychological physician" means a
9 person licensed pursuant to s. 490.005(1), s. 490.006, or the
10 provision identified as s. 490.013(2) in s. 1, chapter 81-235,
11 Laws of Florida.
12 Section 129. Subsection (2) of section 465.017,
13 Florida Statutes, is amended to read:
14 465.017 Authority to inspect.--
15 (2) Except as permitted by this chapter, and chapters
16 406, 409, 455, 499, and 893, records maintained by in a
17 pharmacy relating to the filling of prescriptions and the
18 dispensing of medicinal drugs shall not be furnished, except
19 upon the written authorization of the patient, to any person
20 other than to the patient for whom the drugs were dispensed,
21 or her or his legal representative, or to the department
22 pursuant to existing law, or, in the event that the patient is
23 incapacitated or unable to request such said records, her or
24 his spouse; to the department pursuant to law; to health care
25 practitioners and pharmacists consulting with or dispensing to
26 the patient; or to insurance carriers or other payors
27 authorized by the patient to receive such records. For the
28 purposes of this section, records held in a pharmacy shall be
29 considered owned by the owner of the pharmacy. The pharmacy
30 owner may use such records in the aggregate without patient
31 identification data, regardless of where such records are
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1 held, for purposes reasonably related to the business and
2 practice of pharmacy except upon the written authorization of
3 such patient. Such records may be furnished in any civil or
4 criminal proceeding, upon the issuance of a subpoena from a
5 court of competent jurisdiction and proper notice to the
6 patient or her or his legal representative by the party
7 seeking such records. It is the intent of this subsection to
8 allow the use and sharing of such records to improve patient
9 care, provided the pharmacist acts in the best interests of
10 her or his patient. Nothing in this subsection may be
11 construed to authorize or expand solicitation or marketing to
12 patients or potential patients in any manner not otherwise
13 specifically authorized by law.
14 Section 130. Except as otherwise provided in this act,
15 this act shall take effect July 1, 1999.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 2432
19
20 The Committee Substitute for Senate Bill 2432 limits the
discipline of a health care professional to the issuance of a
21 citation for minor violations and assessment of a fine for a
first-time failure to complete continuing education and makes
22 numerous revisions to the regulation of health care
professionals under the Department of Health. The bill amends
23 part II of chapter 455, F.S., relating to the general
regulatory provisions for health care professions, as well as
24 the practice acts of various health care professions.
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