CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Campbell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (1) and (3) of section 455.564,

18  Florida Statutes, are amended to read:

19         455.564  Department; general licensing provisions.--

20         (1)(a)  Any person desiring to be licensed in a

21  profession within the jurisdiction of the department shall

22  apply to the department in writing to take the licensure

23  examination.  The application shall be made on a form prepared

24  and furnished by the department. The application form must be

25  available on the World Wide Web and the department may accept

26  electronically submitted applications beginning July 1, 2001.

27  The application and shall require the social security number

28  of the applicant, except as provided in paragraph (b). The

29  form shall be supplemented as needed to reflect any material

30  change in any circumstance or condition stated in the

31  application which takes place between the initial filing of

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                                                  SENATE AMENDMENT

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 1  the application and the final grant or denial of the license

 2  and which might affect the decision of the department. If an

 3  application is submitted electronically, the department may

 4  require supplemental materials, including an original

 5  signature of the applicant and verification of credentials, to

 6  be submitted in a non-electronic format. An incomplete

 7  application shall expire 1 year after initial filing. In order

 8  to further the economic development goals of the state, and

 9  notwithstanding any law to the contrary, the department may

10  enter into an agreement with the county tax collector for the

11  purpose of appointing the county tax collector as the

12  department's agent to accept applications for licenses and

13  applications for renewals of licenses. The agreement must

14  specify the time within which the tax collector must forward

15  any applications and accompanying application fees to the

16  department.

17         (b)  If an applicant has not been issued a social

18  security number by the Federal Government at the time of

19  application because the applicant is not a citizen or resident

20  of this country, the department may process the application

21  using a unique personal identification number. If such an

22  applicant is otherwise eligible for licensure, the board, or

23  the department when there is no board, may issue a temporary

24  license to the applicant, which shall expire 30 days after

25  issuance unless a social security number is obtained and

26  submitted in writing to the department. Upon receipt of the

27  applicant's social security number, the department shall issue

28  a new license, which shall expire at the end of the current

29  biennium.

30         (3)(a)  The board, or the department when there is no

31  board, may refuse to issue an initial license to any applicant

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

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 1  who is under investigation or prosecution in any jurisdiction

 2  for an action that would constitute a violation of this part

 3  or the professional practice acts administered by the

 4  department and the boards, until such time as the

 5  investigation or prosecution is complete, and the time period

 6  in which the licensure application must be granted or denied

 7  shall be tolled until 15 days after the receipt of the final

 8  results of the investigation or prosecution.

 9         (b)  If an applicant has been convicted of a felony

10  related to the practice or ability to practice any health care

11  profession, the board, or the department when there is no

12  board, may require the applicant to prove that his or her

13  civil rights have been restored.

14         (c)  In considering applications for licensure, the

15  board, or the department when there is no board, may require a

16  personal appearance of the applicant. If the applicant is

17  required to appear, the time period in which a licensure

18  application must be granted or denied shall be tolled until

19  such time as the applicant appears. However, if the applicant

20  fails to appear before the board at either of the next two

21  regularly scheduled board meetings, or fails to appear before

22  the department within 30 days if there is no board, the

23  application for licensure shall be denied.

24         Section 2.  Paragraph (d) is added to subsection (4) of

25  section 455.565, Florida Statutes, to read:

26         455.565  Designated health care professionals;

27  information required for licensure.--

28         (4)

29         (d)  Any applicant for initial licensure or renewal of

30  licensure as a health care practitioner who submits to the

31  Department of Health a set of fingerprints or information

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

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 1  required for the criminal history check required under this

 2  section shall not be required to provide a subsequent set of

 3  fingerprints or other duplicate information required for a

 4  criminal history check to the Agency for Health Care

 5  Administration, the Department of Juvenile Justice, or the

 6  Department of Children and Family Services for employment or

 7  licensure with such agency or department if the applicant has

 8  undergone a criminal history check as a condition of initial

 9  licensure or licensure renewal as a health care practitioner

10  with the Department of Health or any of its regulatory boards,

11  notwithstanding any other provision of law to the contrary. In

12  lieu of such duplicate submission, the Agency for Health Care

13  Administration, the Department of Juvenile Justice, and the

14  Department of Children and Family Services shall obtain

15  criminal history information for employment or licensure of

16  health care practitioners by such agency and departments from

17  the Department of Health's health care practitioner

18  credentialing system.

19         Section 3.  Section 455.5651, Florida Statutes, is

20  amended to read:

21         455.5651  Practitioner profile; creation.--

22         (1)  Beginning July 1, 1999, the Department of Health

23  shall compile the information submitted pursuant to s. 455.565

24  into a practitioner profile of the applicant submitting the

25  information, except that the Department of Health may develop

26  a format to compile uniformly any information submitted under

27  s. 455.565(4)(b).

28         (2)  On the profile published required under subsection

29  (1), the department shall indicate if the information provided

30  under s. 455.565(1)(a)7. is not corroborated by a criminal

31  history check conducted according to this subsection. If the

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                                                  SENATE AMENDMENT

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 1  information provided under s. 455.565(1)(a)7. is corroborated

 2  by the criminal history check, the fact that the criminal

 3  history check was performed need not be indicated on the

 4  profile. The department, or the board having regulatory

 5  authority over the practitioner acting on behalf of the

 6  department, shall investigate any information received by the

 7  department or the board when it has reasonable grounds to

 8  believe that the practitioner has violated any law that

 9  relates to the practitioner's practice.

10         (3)  The Department of Health may include in each

11  practitioner's practitioner profile that criminal information

12  that directly relates to the practitioner's ability to

13  competently practice his or her profession.  The department

14  must include in each practitioner's practitioner profile the

15  following statement:  "The criminal history information, if

16  any exists, may be incomplete; federal criminal history

17  information is not available to the public." The department

18  shall not publish a criminal conviction if such conviction has

19  been sealed, expunged, or pardoned.

20         (4)  The Department of Health shall include, with

21  respect to a practitioner licensed under chapter 458 or

22  chapter 459, a statement of how the practitioner has elected

23  to comply with the financial responsibility requirements of s.

24  458.320 or s. 459.0085. The department shall include, with

25  respect to practitioners subject to s. 455.694, a statement of

26  how the practitioner has elected to comply with the financial

27  responsibility requirements of that section. The department

28  shall include, with respect to practitioners licensed under

29  chapter 458, chapter 459, or chapter 461, information relating

30  to liability actions which has been reported under s. 455.697

31  or s. 627.912 within the previous 10 years for any paid claim

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 1  that exceeds $5,000. Such claims information shall be reported

 2  in the context of comparing an individual practitioner's

 3  claims to the experience of other practitioners physicians

 4  within the same specialty, or profession if the practitioner

 5  is not a specialist, to the extent such information is

 6  available to the Department of Health. If information relating

 7  to a liability action is included in a practitioner's

 8  practitioner profile, the profile must also include the

 9  following statement:  "Settlement of a claim may occur for a

10  variety of reasons that do not necessarily reflect negatively

11  on the professional competence or conduct of the practitioner

12  physician.  A payment in settlement of a medical malpractice

13  action or claim should not be construed as creating a

14  presumption that medical malpractice has occurred."

15         (5)  The Department of Health may not include

16  disciplinary action taken by a licensed hospital or an

17  ambulatory surgical center in the practitioner profile.

18         (6)  The Department of Health may include in the

19  practitioner's practitioner profile any other information that

20  is a public record of any governmental entity and that relates

21  to a practitioner's ability to competently practice his or her

22  profession.  However, the department must consult with the

23  board having regulatory authority over the practitioner before

24  such information is included in his or her profile.

25         (7)  Upon the completion of a practitioner profile

26  under this section, the Department of Health shall furnish the

27  practitioner who is the subject of the profile a copy of it.

28  The practitioner has a period of 30 days in which to review

29  the profile and to correct any factual inaccuracies in it. The

30  Department of Health shall make the profile available to the

31  public at the end of the 30-day period. The department shall

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                                                  SENATE AMENDMENT

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 1  make the profiles available to the public through the World

 2  Wide Web and other commonly used means of distribution.

 3         (8)  Making a practitioner profile available to the

 4  public under this section does not constitute agency action

 5  for which a hearing under s. 120.57 may be sought.

 6         Section 4.  Section 455.5653, Florida Statutes, is

 7  amended to read:

 8         455.5653  Practitioner profiles; data

 9  storage.--Effective upon this act becoming a law, the

10  Department of Health must develop or contract for a computer

11  system to accommodate the new data collection and storage

12  requirements under this act pending the development and

13  operation of a computer system by the Department of Health for

14  handling the collection, input, revision, and update of data

15  submitted by physicians as a part of their initial licensure

16  or renewal to be compiled into individual practitioner

17  profiles. The Department of Health must incorporate any data

18  required by this act into the computer system used in

19  conjunction with the regulation of health care professions

20  under its jurisdiction. The department must develop, by the

21  year 2000, a schedule and procedures for each practitioner

22  within a health care profession regulated within the Division

23  of Medical Quality Assurance to submit relevant information to

24  be compiled into a profile to be made available to the public.

25  The Department of Health is authorized to contract with and

26  negotiate any interagency agreement necessary to develop and

27  implement the practitioner profiles. The Department of Health

28  shall have access to any information or record maintained by

29  the Agency for Health Care Administration, including any

30  information or record that is otherwise confidential and

31  exempt from the provisions of chapter 119 and s. 24(a), Art. I

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 1  of the State Constitution, so that the Department of Health

 2  may corroborate any information that practitioners physicians

 3  are required to report under s. 455.565.

 4         Section 5.  Section 455.5654, Florida Statutes, is

 5  amended to read:

 6         455.5654  Practitioner profiles; rules;

 7  workshops.--Effective upon this act becoming a law, the

 8  Department of Health shall adopt rules for the form of a

 9  practitioner profile that the agency is required to prepare.

10  The Department of Health, pursuant to chapter 120, must hold

11  public workshops for purposes of rule development to implement

12  this section. An agency to which information is to be

13  submitted under this act may adopt by rule a form for the

14  submission of the information required under s. 455.565.

15         Section 6.  Subsection (1) of section 455.567, Florida

16  Statutes, is amended to read:

17         455.567  Sexual misconduct; disqualification for

18  license, certificate, or registration.--

19         (1)  Sexual misconduct in the practice of a health care

20  profession means violation of the professional relationship

21  through which the health care practitioner uses such

22  relationship to engage or attempt to engage the patient or

23  client, or an immediate family member, guardian, or

24  representative of the patient or client in, or to induce or

25  attempt to induce such person to engage in, verbal or physical

26  sexual activity outside the scope of the professional practice

27  of such health care profession. Sexual misconduct in the

28  practice of a health care profession is prohibited.

29         Section 7.  Paragraphs (f) and (u) of subsection (1),

30  paragraph (c) of subsection (2), and subsection (3) of section

31  455.624, Florida Statutes, are amended, and paragraphs (y) and

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 1  (z) are added to subsection (1) of said section, to read:

 2         455.624  Grounds for discipline; penalties;

 3  enforcement.--

 4         (1)  The following acts shall constitute grounds for

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

 6  be taken:

 7         (f)  Having a license or the authority to practice any

 8  the regulated profession revoked, suspended, or otherwise

 9  acted against, including the denial of licensure, by the

10  licensing authority of any jurisdiction, including its

11  agencies or subdivisions, for a violation that would

12  constitute a violation under Florida law. The licensing

13  authority's acceptance of a relinquishment of licensure,

14  stipulation, consent order, or other settlement, offered in

15  response to or in anticipation of the filing of charges

16  against the license, shall be construed as action against the

17  license.

18         (u)  Engaging or attempting to engage in sexual

19  misconduct as defined and prohibited in s. 455.567(1) a

20  patient or client in verbal or physical sexual activity. For

21  the purposes of this section, a patient or client shall be

22  presumed to be incapable of giving free, full, and informed

23  consent to verbal or physical sexual activity.

24         (y)  Being unable to practice with reasonable skill and

25  safety to patients by reason of illness or use of alcohol,

26  drugs, narcotics, chemicals, or any other type of material or

27  as a result of any mental or physical condition. In enforcing

28  this paragraph, the department shall have, upon a finding of

29  the secretary or the secretary's designee that probable cause

30  exists to believe that the licensee is unable to practice

31  because of the reasons stated in this paragraph, the authority

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 1  to issue an order to compel a licensee to submit to a mental

 2  or physical examination by physicians designated by the

 3  department. If the licensee refuses to comply with such order,

 4  the department's order directing such examination may be

 5  enforced by filing a petition for enforcement in the circuit

 6  court where the licensee resides or does business. The

 7  licensee against whom the petition is filed may not be named

 8  or identified by initials in any public court records or

 9  documents, and the proceedings shall be closed to the public.

10  The department shall be entitled to the summary procedure

11  provided in s. 51.011. A licensee or certificateholder

12  affected under this paragraph shall at reasonable intervals be

13  afforded an opportunity to demonstrate that he or she can

14  resume the competent practice of his or her profession with

15  reasonable skill and safety to patients.

16         (z)  Testing positive for any drug, as defined in s.

17  112.0455, on any confirmed preemployment or employer-ordered

18  drug screening when the practitioner does not have a lawful

19  prescription and legitimate medical reason for using such

20  drug.

21         (2)  When the board, or the department when there is no

22  board, finds any person guilty of the grounds set forth in

23  subsection (1) or of any grounds set forth in the applicable

24  practice act, including conduct constituting a substantial

25  violation of subsection (1) or a violation of the applicable

26  practice act which occurred prior to obtaining a license, it

27  may enter an order imposing one or more of the following

28  penalties:

29         (c)  Restriction of practice or license.

30

31  In determining what action is appropriate, the board, or

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 1  department when there is no board, must first consider what

 2  sanctions are necessary to protect the public or to compensate

 3  the patient. Only after those sanctions have been imposed may

 4  the disciplining authority consider and include in the order

 5  requirements designed to rehabilitate the practitioner. All

 6  costs associated with compliance with orders issued under this

 7  subsection are the obligation of the practitioner.

 8         (3)(a)  Notwithstanding subsection (2), if the ground

 9  for disciplinary action is the first-time failure of the

10  licensee to satisfy continuing education requirements

11  established by the board, or by the department if there is no

12  board, the board or department, as applicable, shall issue a

13  citation in accordance with s. 455.617 and assess a fine, as

14  determined by the board or department by rule. In addition,

15  for each hour of continuing education not completed or

16  completed late, the board or department, as applicable, may

17  require the licensee to take 1 additional hour of continuing

18  education for each hour not completed or completed late.

19         (b)  Notwithstanding subsection (2), if the ground for

20  disciplinary action is the first-time violation of a practice

21  act for unprofessional conduct, as used in ss. 464.018(1)(h),

22  467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual

23  harm to the patient occurred, the board or department, as

24  applicable, shall issue a citation in accordance with s.

25  455.617 and assess a penalty as determined by rule of the

26  board or department.

27         Section 8.  For the purpose of incorporating the

28  amendment to section 455.624, Florida Statutes, in references

29  thereto, the sections or subdivisions of Florida Statutes set

30  forth below are reenacted to read:

31         455.577  Penalty for theft or reproduction of an

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 1  examination.--In addition to, or in lieu of, any other

 2  discipline imposed pursuant to s. 455.624, the theft of an

 3  examination in whole or in part or the act of reproducing or

 4  copying any examination administered by the department,

 5  whether such examination is reproduced or copied in part or in

 6  whole and by any means, constitutes a felony of the third

 7  degree, punishable as provided in s. 775.082, s. 775.083, or

 8  s. 775.084.

 9         455.631  Penalty for giving false information.--In

10  addition to, or in lieu of, any other discipline imposed

11  pursuant to s. 455.624, the act of knowingly giving false

12  information in the course of applying for or obtaining a

13  license from the department, or any board thereunder, with

14  intent to mislead a public servant in the performance of his

15  or her official duties, or the act of attempting to obtain or

16  obtaining a license from the department, or any board

17  thereunder, to practice a profession by knowingly misleading

18  statements or knowing misrepresentations constitutes a felony

19  of the third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         455.651  Disclosure of confidential information.--

22         (2)  Any person who willfully violates any provision of

23  this section is guilty of a misdemeanor of the first degree,

24  punishable as provided in s. 775.082 or s. 775.083, and may be

25  subject to discipline pursuant to s. 455.624, and, if

26  applicable, shall be removed from office, employment, or the

27  contractual relationship.

28         455.712  Business establishments; requirements for

29  active status licenses.--

30         (1)  A business establishment regulated by the Division

31  of Medical Quality Assurance pursuant to this part may provide

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 1  regulated services only if the business establishment has an

 2  active status license. A business establishment that provides

 3  regulated services without an active status license is in

 4  violation of this section and s. 455.624, and the board, or

 5  the department if there is no board, may impose discipline on

 6  the business establishment.

 7         458.347  Physician assistants.--

 8         (7)  PHYSICIAN ASSISTANT LICENSURE.--

 9         (g)  The Board of Medicine may impose any of the

10  penalties specified in ss. 455.624 and 458.331(2) upon a

11  physician assistant if the physician assistant or the

12  supervising physician has been found guilty of or is being

13  investigated for any act that constitutes a violation of this

14  chapter or part II of chapter 455.

15         459.022  Physician assistants.--

16         (7)  PHYSICIAN ASSISTANT LICENSURE.--

17         (f)  The Board of Osteopathic Medicine may impose any

18  of the penalties specified in ss. 455.624 and 459.015(2) upon

19  a physician assistant if the physician assistant or the

20  supervising physician has been found guilty of or is being

21  investigated for any act that constitutes a violation of this

22  chapter or part II of chapter 455.

23         468.1755  Disciplinary proceedings.--

24         (1)  The following acts shall constitute grounds for

25  which the disciplinary actions in subsection (2) may be taken:

26         (a)  Violation of any provision of s. 455.624(1) or s.

27  468.1745(1).

28         468.719  Disciplinary actions.--

29         (1)  The following acts shall be grounds for

30  disciplinary actions provided for in subsection (2):

31         (a)  A violation of any law relating to the practice of

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 1  athletic training, including, but not limited to, any

 2  violation of this part, s. 455.624, or any rule adopted

 3  pursuant thereto.

 4         (2)  When the board finds any person guilty of any of

 5  the acts set forth in subsection (1), the board may enter an

 6  order imposing one or more of the penalties provided in s.

 7  455.624.

 8         468.811  Disciplinary proceedings.--

 9         (1)  The following acts are grounds for disciplinary

10  action against a licensee and the issuance of cease and desist

11  orders or other related action by the department, pursuant to

12  s. 455.624, against any person who engages in or aids in a

13  violation.

14         (a)  Attempting to procure a license by fraudulent

15  misrepresentation.

16         (b)  Having a license to practice orthotics,

17  prosthetics, or pedorthics revoked, suspended, or otherwise

18  acted against, including the denial of licensure in another

19  jurisdiction.

20         (c)  Being convicted or found guilty of or pleading

21  nolo contendere to, regardless of adjudication, in any

22  jurisdiction, a crime that directly relates to the practice of

23  orthotics, prosthetics, or pedorthics, including violations of

24  federal laws or regulations regarding orthotics, prosthetics,

25  or pedorthics.

26         (d)  Filing a report or record that the licensee knows

27  is false, intentionally or negligently failing to file a

28  report or record required by state or federal law, willfully

29  impeding or obstructing such filing, or inducing another

30  person to impede or obstruct such filing. Such reports or

31  records include only reports or records that are signed in a

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 1  person's capacity as a licensee under this act.

 2         (e)  Advertising goods or services in a fraudulent,

 3  false, deceptive, or misleading manner.

 4         (f)  Violation of this act or part II of chapter 455,

 5  or any rules adopted thereunder.

 6         (g)  Violation of an order of the board, agency, or

 7  department previously entered in a disciplinary hearing or

 8  failure to comply with a subpoena issued by the board, agency,

 9  or department.

10         (h)  Practicing with a revoked, suspended, or inactive

11  license.

12         (i)  Gross or repeated malpractice or the failure to

13  deliver orthotic, prosthetic, or pedorthic services with that

14  level of care and skill which is recognized by a reasonably

15  prudent licensed practitioner with similar professional

16  training as being acceptable under similar conditions and

17  circumstances.

18         (j)  Failing to provide written notice of any

19  applicable warranty for an orthosis, prosthesis, or pedorthic

20  device that is provided to a patient.

21         (2)  The board may enter an order imposing one or more

22  of the penalties in s. 455.624(2) against any person who

23  violates any provision of subsection (1).

24         484.056  Disciplinary proceedings.--

25         (1)  The following acts relating to the practice of

26  dispensing hearing aids shall be grounds for both disciplinary

27  action against a hearing aid specialist as set forth in this

28  section and cease and desist or other related action by the

29  department as set forth in s. 455.637 against any person

30  owning or operating a hearing aid establishment who engages

31  in, aids, or abets any such violation:

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 1         (a)  Violation of any provision of s. 455.624(1), s.

 2  484.0512, or s. 484.053.

 3         Section 9.  Section 455.704, Florida Statutes, is

 4  repealed.

 5         Section 10.  Subsections (1), (2), and (3) of section

 6  455.707, Florida Statutes, are amended to read:

 7         455.707  Treatment programs for impaired

 8  practitioners.--

 9         (1)  For professions that do not have impaired

10  practitioner programs provided for in their practice acts, the

11  department shall, by rule, designate approved impaired

12  practitioner treatment programs under this section. The

13  department may adopt rules setting forth appropriate criteria

14  for approval of treatment providers based on the policies and

15  guidelines established by the Impaired Practitioners

16  Committee.  The rules may must specify the manner in which the

17  consultant, retained as set forth in subsection (2), works

18  with the department in intervention, requirements for

19  evaluating and treating a professional, and requirements for

20  the continued care and monitoring of a professional by the

21  consultant by an approved at a department-approved treatment

22  provider.  The department shall not compel any impaired

23  practitioner program in existence on October 1, 1992, to serve

24  additional professions.

25         (2)  The department shall retain one or more impaired

26  practitioner consultants as recommended by the committee.  A

27  consultant shall be a licensee or recovered licensee under the

28  jurisdiction of the Division of Medical Quality Assurance

29  within the department, and at least one consultant must be a

30  practitioner or recovered practitioner licensed under chapter

31  458, chapter 459, or chapter 464.  The consultant shall assist

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  the probable cause panel and department in carrying out the

 2  responsibilities of this section.  This shall include working

 3  with department investigators to determine whether a

 4  practitioner is, in fact, impaired.

 5         (3)(a)  Whenever the department receives a written or

 6  oral legally sufficient complaint alleging that a licensee

 7  under the jurisdiction of the Division of Medical Quality

 8  Assurance within the department is impaired as a result of the

 9  misuse or abuse of alcohol or drugs, or both, or due to a

10  mental or physical condition which could affect the licensee's

11  ability to practice with skill and safety, and no complaint

12  against the licensee other than impairment exists, the

13  reporting of such information shall not constitute grounds for

14  discipline pursuant to s. 455.624 or the corresponding grounds

15  for discipline within the applicable practice act a complaint

16  within the meaning of s. 455.621 if the probable cause panel

17  of the appropriate board, or the department when there is no

18  board, finds:

19         1.  The licensee has acknowledged the impairment

20  problem.

21         2.  The licensee has voluntarily enrolled in an

22  appropriate, approved treatment program.

23         3.  The licensee has voluntarily withdrawn from

24  practice or limited the scope of practice as required by the

25  consultant determined by the panel, or the department when

26  there is no board, in each case, until such time as the panel,

27  or the department when there is no board, is satisfied the

28  licensee has successfully completed an approved treatment

29  program.

30         4.  The licensee has executed releases for medical

31  records, authorizing the release of all records of

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  evaluations, diagnoses, and treatment of the licensee,

 2  including records of treatment for emotional or mental

 3  conditions, to the consultant. The consultant shall make no

 4  copies or reports of records that do not regard the issue of

 5  the licensee's impairment and his or her participation in a

 6  treatment program.

 7         (b)  If, however, the department has not received a

 8  legally sufficient complaint and the licensee agrees to

 9  withdraw from practice until such time as the consultant

10  determines the licensee has satisfactorily completed an

11  approved treatment program or evaluation, the probable cause

12  panel, or the department when there is no board, shall not

13  become involved in the licensee's case.

14         (c)  Inquiries related to impairment treatment programs

15  designed to provide information to the licensee and others and

16  which do not indicate that the licensee presents a danger to

17  the public shall not constitute a complaint within the meaning

18  of s. 455.621 and shall be exempt from the provisions of this

19  subsection.

20         (d)  Whenever the department receives a legally

21  sufficient complaint alleging that a licensee is impaired as

22  described in paragraph (a) and no complaint against the

23  licensee other than impairment exists, the department shall

24  forward all information in its possession regarding the

25  impaired licensee to the consultant. For the purposes of this

26  section, a suspension from hospital staff privileges due to

27  the impairment does not constitute a complaint.

28         (e)  The probable cause panel, or the department when

29  there is no board, shall work directly with the consultant,

30  and all information concerning a practitioner obtained from

31  the consultant by the panel, or the department when there is

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  no board, shall remain confidential and exempt from the

 2  provisions of s. 119.07(1), subject to the provisions of

 3  subsections (5) and (6).

 4         (f)  A finding of probable cause shall not be made as

 5  long as the panel, or the department when there is no board,

 6  is satisfied, based upon information it receives from the

 7  consultant and the department, that the licensee is

 8  progressing satisfactorily in an approved impaired

 9  practitioner treatment program and no other complaint against

10  the licensee exists.

11         Section 11.  Subsection (1) of section 310.102, Florida

12  Statutes, is amended to read:

13         310.102  Treatment programs for impaired pilots and

14  deputy pilots.--

15         (1)  The department shall, by rule, designate approved

16  treatment programs for impaired pilots and deputy pilots under

17  this section. The department may adopt rules setting forth

18  appropriate criteria for approval of treatment providers based

19  on the policies and guidelines established by the Impaired

20  Practitioners Committee under s. 455.704.

21         Section 12.  Section 455.711, Florida Statutes, is

22  amended to read:

23         455.711  Licenses; active and inactive and delinquent

24  status; delinquency.--

25         (1)  A licensee may practice a profession only if the

26  licensee has an active status license. A licensee who

27  practices a profession without an active status license is in

28  violation of this section and s. 455.624, and the board, or

29  the department if there is no board, may impose discipline on

30  the licensee.

31         (2)  Each board, or the department if there is no

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  board, shall permit a licensee to choose, at the time of

 2  licensure renewal, an active or inactive status. However, a

 3  licensee who changes from inactive to active status is not

 4  eligible to return to inactive status until the licensee

 5  thereafter completes a licensure cycle on active status.

 6         (3)  Each board, or the department if there is no

 7  board, shall by rule impose a fee for renewal of an active or

 8  inactive status license. The renewal fee for an inactive

 9  status license may not exceed which is no greater than the fee

10  for an active status license.

11         (4)  Notwithstanding any other provision of law to the

12  contrary, a licensee may change licensure status at any time.

13         (a)  Active status licensees choosing inactive status

14  at the time of license renewal must pay the inactive status

15  renewal fee, and, if applicable, the delinquency fee and the

16  fee to change licensure status. Active status licensees

17  choosing inactive status at any other time than at the time of

18  license renewal must pay the fee to change licensure status.

19         (b)  An inactive status licensee may change to active

20  status at any time, if the licensee meets all requirements for

21  active status, pays any additional licensure fees necessary to

22  equal those imposed on an active status licensee, pays any

23  applicable reactivation fees as set by the board, or the

24  department if there is no board, and meets all continuing

25  education requirements as specified in this section. Inactive

26  status licensees choosing active status at the time of license

27  renewal must pay the active status renewal fee, any applicable

28  reactivation fees as set by the board, or the department if

29  there is no board, and, if applicable, the delinquency fee and

30  the fee to change licensure status. Inactive status licensees

31  choosing active status at any other time than at the time of

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  license renewal must pay the difference between the inactive

 2  status renewal fee and the active status renewal fee, if any

 3  exists, any applicable reactivation fees as set by the board,

 4  or the department if there is no board, and the fee to change

 5  licensure status.

 6         (5)  A licensee must apply with a complete application,

 7  as defined by rule of the board, or the department if there is

 8  no board, to renew an active status or inactive status license

 9  before the license expires. If a licensee fails to renew

10  before the license expires, the license becomes delinquent in

11  the license cycle following expiration.

12         (6)  A delinquent status licensee must affirmatively

13  apply with a complete application, as defined by rule of the

14  board, or the department if there is no board, for active or

15  inactive status during the licensure cycle in which a licensee

16  becomes delinquent. Failure by a delinquent status licensee to

17  become active or inactive before the expiration of the current

18  licensure cycle renders the license null without any further

19  action by the board or the department. Any subsequent

20  licensure shall be as a result of applying for and meeting all

21  requirements imposed on an applicant for new licensure.

22         (7)  Each board, or the department if there is no

23  board, shall by rule impose an additional delinquency fee, not

24  to exceed the biennial renewal fee for an active status

25  license, on a delinquent status licensee when such licensee

26  applies for active or inactive status.

27         (8)  Each board, or the department if there is no

28  board, shall by rule impose an additional fee, not to exceed

29  the biennial renewal fee for an active status license, for

30  processing a licensee's request to change licensure status at

31  any time other than at the beginning of a licensure cycle.

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         (9)  Each board, or the department if there is no

 2  board, may by rule impose reasonable conditions, excluding

 3  full reexamination but including part of a national

 4  examination or a special purpose examination to assess current

 5  competency, necessary to ensure that a licensee who has been

 6  on inactive status for more than two consecutive biennial

 7  licensure cycles and who applies for active status can

 8  practice with the care and skill sufficient to protect the

 9  health, safety, and welfare of the public. Reactivation

10  requirements may differ depending on the length of time

11  licensees are inactive. The costs to meet reactivation

12  requirements shall be borne by licensees requesting

13  reactivation.

14         (10)  Before reactivation, an inactive status licensee

15  or a delinquent licensee who was inactive prior to becoming

16  delinquent must meet the same continuing education

17  requirements, if any, imposed on an active status licensee for

18  all biennial licensure periods in which the licensee was

19  inactive or delinquent.

20         (11)  The status or a change in status of a licensee

21  does not alter in any way the right of the board, or of the

22  department if there is no board, to impose discipline or to

23  enforce discipline previously imposed on a licensee for acts

24  or omissions committed by the licensee while holding a

25  license, whether active, inactive, or delinquent.

26         (12)  This section does not apply to a business

27  establishment registered, permitted, or licensed by the

28  department to do business.

29         (13)  The board, or the department when there is no

30  board, may adopt rules pursuant to ss. 120.536(1) and 120.54

31  as necessary to implement this section.

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         Section 13.  Subsection (3) of section 455.587, Florida

 2  Statutes, is amended to read:

 3         455.587  Fees; receipts; disposition.--

 4         (3)  Each board, or the department if there is no

 5  board, may, by rule, assess and collect a one-time fee from

 6  each active status licensee and each voluntary inactive status

 7  licensee in an amount necessary to eliminate a cash deficit

 8  or, if there is not a cash deficit, in an amount sufficient to

 9  maintain the financial integrity of the professions as

10  required in this section. Not more than one such assessment

11  may be made in any 4-year period without specific legislative

12  authorization.

13         Section 14.  Subsection (1) of section 455.714, Florida

14  Statutes, is amended to read:

15         455.714  Renewal and cancellation notices.--

16         (1)  At least 90 days before the end of a licensure

17  cycle, the department shall:

18         (a)  Forward a licensure renewal notification to an

19  active or inactive status licensee at the licensee's last

20  known address of record with the department.

21         (b)  Forward a notice of pending cancellation of

22  licensure to a delinquent status licensee at the licensee's

23  last known address of record with the department.

24         Section 15.  Section 455.719, Florida Statutes, is

25  created to read:

26         455.719  Health care professionals; exemption from

27  disqualification from employment or contracting.--Any other

28  provision of law to the contrary notwithstanding, only the

29  appropriate regulatory board, or the department when there is

30  no board, may grant an exemption from disqualification from

31  employment or contracting as provided in s. 435.07 to a person

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  under the licensing jurisdiction of that board or the

 2  department, as applicable.

 3         Section 16.  Paragraph (a) of subsection (4) of section

 4  943.0585, Florida Statutes, is amended to read:

 5         943.0585  Court-ordered expunction of criminal history

 6  records.--The courts of this state have jurisdiction over

 7  their own procedures, including the maintenance, expunction,

 8  and correction of judicial records containing criminal history

 9  information to the extent such procedures are not inconsistent

10  with the conditions, responsibilities, and duties established

11  by this section.  Any court of competent jurisdiction may

12  order a criminal justice agency to expunge the criminal

13  history record of a minor or an adult who complies with the

14  requirements of this section.  The court shall not order a

15  criminal justice agency to expunge a criminal history record

16  until the person seeking to expunge a criminal history record

17  has applied for and received a certificate of eligibility for

18  expunction pursuant to subsection (2).  A criminal history

19  record that relates to a violation of chapter 794, s. 800.04,

20  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

21  violation enumerated in s. 907.041 may not be expunged,

22  without regard to whether adjudication was withheld, if the

23  defendant was found guilty of or pled guilty or nolo

24  contendere to the offense, or if the defendant, as a minor,

25  was found to have committed, or pled guilty or nolo contendere

26  to committing, the offense as a delinquent act. The court may

27  only order expunction of a criminal history record pertaining

28  to one arrest or one incident of alleged criminal activity,

29  except as provided in this section. The court may, at its sole

30  discretion, order the expunction of a criminal history record

31  pertaining to more than one arrest if the additional arrests

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  directly relate to the original arrest. If the court intends

 2  to order the expunction of records pertaining to such

 3  additional arrests, such intent must be specified in the

 4  order. A criminal justice agency may not expunge any record

 5  pertaining to such additional arrests if the order to expunge

 6  does not articulate the intention of the court to expunge a

 7  record pertaining to more than one arrest. This section does

 8  not prevent the court from ordering the expunction of only a

 9  portion of a criminal history record pertaining to one arrest

10  or one incident of alleged criminal activity.  Notwithstanding

11  any law to the contrary, a criminal justice agency may comply

12  with laws, court orders, and official requests of other

13  jurisdictions relating to expunction, correction, or

14  confidential handling of criminal history records or

15  information derived therefrom.  This section does not confer

16  any right to the expunction of any criminal history record,

17  and any request for expunction of a criminal history record

18  may be denied at the sole discretion of the court.

19         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

20  criminal history record of a minor or an adult which is

21  ordered expunged by a court of competent jurisdiction pursuant

22  to this section must be physically destroyed or obliterated by

23  any criminal justice agency having custody of such record;

24  except that any criminal history record in the custody of the

25  department must be retained in all cases. A criminal history

26  record ordered expunged that is retained by the department is

27  confidential and exempt from the provisions of s. 119.07(1)

28  and s. 24(a), Art. I of the State Constitution and not

29  available to any person or entity except upon order of a court

30  of competent jurisdiction. A criminal justice agency may

31  retain a notation indicating compliance with an order to

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  expunge.

 2         (a)  The person who is the subject of a criminal

 3  history record that is expunged under this section or under

 4  other provisions of law, including former s. 893.14, former s.

 5  901.33, and former s. 943.058, may lawfully deny or fail to

 6  acknowledge the arrests covered by the expunged record, except

 7  when the subject of the record:

 8         1.  Is a candidate for employment with a criminal

 9  justice agency;

10         2.  Is a defendant in a criminal prosecution;

11         3.  Concurrently or subsequently petitions for relief

12  under this section or s. 943.059;

13         4.  Is a candidate for admission to The Florida Bar;

14         5.  Is seeking to be employed or licensed by or to

15  contract with the Department of Children and Family Services

16  or the Department of Juvenile Justice or to be employed or

17  used by such contractor or licensee in a sensitive position

18  having direct contact with children, the developmentally

19  disabled, the aged, or the elderly as provided in s.

20  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

21  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

22  415.1075(4), s. 985.407, or chapter 400; or

23         6.  Is seeking to be employed or licensed by the Office

24  of Teacher Education, Certification, Staff Development, and

25  Professional Practices of the Department of Education, any

26  district school board, or any local governmental entity that

27  licenses child care facilities; or.

28         7.  Is seeking to be employed or licensed by or to

29  contract with the Department of Health or to be employed or

30  used by such contractor or licensee in a sensitive position

31  having direct contact with children, the developmentally

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  disabled, the aged, or the elderly as provided in s.

 2  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

 3  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

 4  415.1075(4), s. 985.407, or chapter 400.

 5         Section 17.  Paragraph (a) of subsection (4) of section

 6  943.059, Florida Statutes, is amended to read:

 7         943.059  Court-ordered sealing of criminal history

 8  records.--The courts of this state shall continue to have

 9  jurisdiction over their own procedures, including the

10  maintenance, sealing, and correction of judicial records

11  containing criminal history information to the extent such

12  procedures are not inconsistent with the conditions,

13  responsibilities, and duties established by this section.  Any

14  court of competent jurisdiction may order a criminal justice

15  agency to seal the criminal history record of a minor or an

16  adult who complies with the requirements of this section.  The

17  court shall not order a criminal justice agency to seal a

18  criminal history record until the person seeking to seal a

19  criminal history record has applied for and received a

20  certificate of eligibility for sealing pursuant to subsection

21  (2).  A criminal history record that relates to a violation of

22  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

23  s. 893.135, or a violation enumerated in s. 907.041 may not be

24  sealed, without regard to whether adjudication was withheld,

25  if the defendant was found guilty of or pled guilty or nolo

26  contendere to the offense, or if the defendant, as a minor,

27  was found to have committed or pled guilty or nolo contendere

28  to committing the offense as a delinquent act.  The court may

29  only order sealing of a criminal history record pertaining to

30  one arrest or one incident of alleged criminal activity,

31  except as provided in this section. The court may, at its sole

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  discretion, order the sealing of a criminal history record

 2  pertaining to more than one arrest if the additional arrests

 3  directly relate to the original arrest.  If the court intends

 4  to order the sealing of records pertaining to such additional

 5  arrests, such intent must be specified in the order.  A

 6  criminal justice agency may not seal any record pertaining to

 7  such additional arrests if the order to seal does not

 8  articulate the intention of the court to seal records

 9  pertaining to more than one arrest.  This section does not

10  prevent the court from ordering the sealing of only a portion

11  of a criminal history record pertaining to one arrest or one

12  incident of alleged criminal activity. Notwithstanding any law

13  to the contrary, a criminal justice agency may comply with

14  laws, court orders, and official requests of other

15  jurisdictions relating to sealing, correction, or confidential

16  handling of criminal history records or information derived

17  therefrom.  This section does not confer any right to the

18  sealing of any criminal history record, and any request for

19  sealing a criminal history record may be denied at the sole

20  discretion of the court.

21         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

22  criminal history record of a minor or an adult which is

23  ordered sealed by a court of competent jurisdiction pursuant

24  to this section is confidential and exempt from the provisions

25  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

26  and is available only to the person who is the subject of the

27  record, to the subject's attorney, to criminal justice

28  agencies for their respective criminal justice purposes, or to

29  those entities set forth in subparagraphs (a)1., 4., 5., and

30  6. for their respective licensing and employment purposes.

31         (a)  The subject of a criminal history record sealed

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  under this section or under other provisions of law, including

 2  former s. 893.14, former s. 901.33, and former s. 943.058, may

 3  lawfully deny or fail to acknowledge the arrests covered by

 4  the sealed record, except when the subject of the record:

 5         1.  Is a candidate for employment with a criminal

 6  justice agency;

 7         2.  Is a defendant in a criminal prosecution;

 8         3.  Concurrently or subsequently petitions for relief

 9  under this section or s. 943.0585;

10         4.  Is a candidate for admission to The Florida Bar;

11         5.  Is seeking to be employed or licensed by or to

12  contract with the Department of Children and Family Services

13  or the Department of Juvenile Justice or to be employed or

14  used by such contractor or licensee in a sensitive position

15  having direct contact with children, the developmentally

16  disabled, the aged, or the elderly as provided in s.

17  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

18  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

19  415.103, s. 985.407, or chapter 400; or

20         6.  Is seeking to be employed or licensed by or to

21  contract with the Department of Health or to be employed or

22  used by such contractor or licensee in a sensitive position

23  having direct contact with children, the developmentally

24  disabled, the aged, or the elderly as provided in s.

25  110.1127(3), s.393.063(15), s. 394.4572(1), s. 397.451, s.

26  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

27  415.1075(4), s. 985.407, or chapter 400; or

28         7.6.  Is seeking to be employed or licensed by the

29  Office of Teacher Education, Certification, Staff Development,

30  and Professional Practices of the Department of Education, any

31  district school board, or any local governmental entity which

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  licenses child care facilities.

 2         Section 18.  Section 455.637, Florida Statutes, is

 3  amended to read:

 4         455.637  Unlicensed practice of a health care

 5  profession; intent; cease and desist notice; penalties civil

 6  penalty; enforcement; citations; fees; allocation and

 7  disposition of moneys collected.--

 8         (1)  It is the intent of the Legislature that vigorous

 9  enforcement of licensure regulation for all health care

10  professions is a state priority in order to protect Florida

11  residents and visitors from the potentially serious and

12  dangerous consequences of receiving medical and health care

13  services from unlicensed persons whose professional education

14  and training and other relevant qualifications have not been

15  approved through the issuance of a license by the appropriate

16  regulatory board or the department when there is no board. The

17  unlicensed practice of a health care profession or the

18  performance or delivery of medical or health care services to

19  patients in this state without a valid, active license to

20  practice that profession, regardless of the means of the

21  performance or delivery of such services, is strictly

22  prohibited.

23         (2)  The penalties for unlicensed practice of a health

24  care profession shall include the following:

25         (a)(1)  When the department has probable cause to

26  believe that any person not licensed by the department, or the

27  appropriate regulatory board within the department, has

28  violated any provision of this part or any statute that

29  relates to the practice of a profession regulated by the

30  department, or any rule adopted pursuant thereto, the

31  department may issue and deliver to such person a notice to

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  cease and desist from such violation. In addition, the

 2  department may issue and deliver a notice to cease and desist

 3  to any person who aids and abets the unlicensed practice of a

 4  profession by employing such unlicensed person. The issuance

 5  of a notice to cease and desist shall not constitute agency

 6  action for which a hearing under ss. 120.569 and 120.57 may be

 7  sought. For the purpose of enforcing a cease and desist order,

 8  the department may file a proceeding in the name of the state

 9  seeking issuance of an injunction or a writ of mandamus

10  against any person who violates any provisions of such order.

11         (b)  In addition to the foregoing remedies under

12  paragraph (a), the department may impose by citation an

13  administrative penalty not to exceed $5,000 per incident

14  pursuant to the provisions of chapter 120 or may issue a

15  citation pursuant to the provisions of subsection (3). The

16  citation shall be issued to the subject and shall contain the

17  subject's name and any other information the department

18  determines to be necessary to identify the subject, a brief

19  factual statement, the sections of the law allegedly violated,

20  and the penalty imposed. If the subject does not dispute the

21  matter in the citation with the department within 30 days

22  after the citation is served, the citation shall become a

23  final order of the department. The department may adopt rules

24  to implement this section. The penalty shall be a fine of not

25  less than $500 nor more than $5,000 as established by rule of

26  the department. Each day that the unlicensed practice

27  continues after issuance of a notice to cease and desist

28  constitutes a separate violation. The department shall be

29  entitled to recover the costs of investigation and prosecution

30  in addition to the fine levied pursuant to the citation.

31  Service of a citation may be made by personal service or by

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  mail to the subject at the subject's last known address or

 2  place of practice. If the department is required to seek

 3  enforcement of the cease and desist or agency order for a

 4  penalty pursuant to s. 120.569, it shall be entitled to

 5  collect its attorney's fees and costs, together with any cost

 6  of collection.

 7         (c)(2)  In addition to or in lieu of any other

 8  administrative remedy provided in subsection (1), the

 9  department may seek the imposition of a civil penalty through

10  the circuit court for any violation for which the department

11  may issue a notice to cease and desist under subsection (1).

12  The civil penalty shall be no less than $500 and no more than

13  $5,000 for each offense. The court may also award to the

14  prevailing party court costs and reasonable attorney fees and,

15  in the event the department prevails, may also award

16  reasonable costs of investigation and prosecution.

17         (d)  In addition to the administrative and civil

18  remedies under paragraphs (b) and (c) and in addition to the

19  criminal violations and penalties listed in the individual

20  health care practice acts:

21         1.  It is a felony of the third degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084, to

23  practice, attempt to practice, or offer to practice a health

24  care profession without an active, valid Florida license to

25  practice that profession. Practicing without an active, valid

26  license also includes practicing on a suspended, revoked, or

27  void license, but does not include practicing, attempting to

28  practice, or offering to practice with an inactive or

29  delinquent license for a period of up to 12 months which is

30  addressed in subparagraph 3. Applying for employment for a

31  position that requires a license without notifying the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  employer that the person does not currently possess a valid,

 2  active license to practice that profession shall be deemed to

 3  be an attempt or offer to practice that health care profession

 4  without a license. Holding oneself out, regardless of the

 5  means of communication, as able to practice a health care

 6  profession or as able to provide services that require a

 7  health care license shall be deemed to be an attempt or offer

 8  to practice such profession without a license. The minimum

 9  penalty for violating this subparagraph shall be a fine of

10  $1,000 and a minimum mandatory period of incarceration of 1

11  year.

12         2.  It is a felony of the second degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084, to practice

14  a health care profession without an active, valid Florida

15  license to practice that profession when such practice results

16  in serious bodily injury. For purposes of this section,

17  "serious bodily injury" means death; brain or spinal damage;

18  disfigurement; fracture or dislocation of bones or joints;

19  limitation of neurological, physical, or sensory function; or

20  any condition that required subsequent surgical repair. The

21  minimum penalty for violating this subparagraph shall be a

22  fine of $1,000 and a minimum mandatory period of incarceration

23  of 1 year.

24         3.  It is a misdemeanor of the first degree, punishable

25  as provided in s. 775.082 or s. 775.083, to practice, attempt

26  to practice, or offer to practice a health care profession

27  with an inactive or delinquent license for any period of time

28  up to 12 months. However, practicing, attempting to practice,

29  or offering to practice a health care profession when that

30  person's license has been inactive or delinquent for a period

31  of time of 12 months or more shall be a felony of the third

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084. The minimum penalty for violating this

 3  subparagraph shall be a term of imprisonment of 30 days and a

 4  fine of $500.

 5         (3)  Because all enforcement costs should be covered by

 6  professions regulated by the department, the department shall

 7  impose, upon initial licensure and each licensure renewal, a

 8  special fee of $5 per licensee to fund efforts to combat

 9  unlicensed activity. Such fee shall be in addition to all

10  other fees collected from each licensee. The board with

11  concurrence of the department, or the department when there is

12  no board, may earmark $5 of the current licensure fee for this

13  purpose, if such board, or profession regulated by the

14  department, is not in a deficit and has a reasonable cash

15  balance. The department shall make direct charges to the

16  Medical Quality Assurance Trust Fund by profession. The

17  department shall seek board advice regarding enforcement

18  methods and strategies. The department shall directly credit

19  the Medical Quality Assurance Trust Fund, by profession, with

20  the revenues received from the department's efforts to enforce

21  licensure provisions. The department shall include all

22  financial and statistical data resulting from unlicensed

23  activity enforcement as a separate category in the quarterly

24  management report provided for in s. 455.587. For an

25  unlicensed activity account, a balance which remains at the

26  end of a renewal cycle may, with concurrence of the applicable

27  board and the department, be transferred to the operating fund

28  account of that profession. The department shall also use

29  these funds to inform and educate consumers generally on the

30  importance of using licensed health care practitioners.

31         (3)(a)  Notwithstanding the provisions of s. 455.621,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  the department shall adopt rules to permit the issuance of

 2  citations for unlicensed practice of a profession. The

 3  citation shall be issued to the subject and shall contain the

 4  subject's name and any other information the department

 5  determines to be necessary to identify the subject, a brief

 6  factual statement, the sections of the law allegedly violated,

 7  and the penalty imposed. The citation must clearly state that

 8  the subject may choose, in lieu of accepting the citation, to

 9  follow the procedure under s. 455.621. If the subject disputes

10  the matter in the citation, the procedures set forth in s.

11  455.621 must be followed. However, if the subject does not

12  dispute the matter in the citation with the department within

13  30 days after the citation is served, the citation shall

14  become a final order of the department. The penalty shall be a

15  fine of not less than $500 or more than $5,000 or other

16  conditions as established by rule.

17         (b)  Each day that the unlicensed practice continues

18  after issuance of a citation constitutes a separate violation.

19         (c)  The department shall be entitled to recover the

20  costs of investigation, in addition to any penalty provided

21  according to department rule as part of the penalty levied

22  pursuant to the citation.

23         (d)  Service of a citation may be made by personal

24  service or certified mail, restricted delivery, to the subject

25  at the subject's last known address.

26         (4)  All fines, fees, and costs collected through the

27  procedures set forth in this section shall be allocated to the

28  professions in the manner provided for in s. 455.641 for the

29  allocation of the fees assessed and collected to combat

30  unlicensed practice of a profession.

31         (4)(5)  The provisions of this section apply only to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  health care the professional practice acts administered by the

 2  department.

 3         (5)  Nothing herein shall be construed to limit or

 4  restrict the sale, use, or recommendation of the use of a

 5  dietary supplement, as defined by the Food, Drug, and Cosmetic

 6  Act, Title 21, s. 321, so long as the person selling, using,

 7  or recommending the dietary supplement does so in compliance

 8  with federal and state law and does not hold himself or

 9  herself out to be a health care practitioner as defined in s.

10  455.501(4).

11         Section 19.  The amendment of s. 455.637, Florida

12  Statutes, by this act applies to offenses committed on or

13  after the effective date of such section.

14         Section 20.  Section 455.641, Florida Statutes, is

15  repealed.

16         Section 21.  For the purpose of incorporating the

17  amendment to section 455.637, Florida Statutes, in references

18  thereto, the sections or subdivisions of Florida Statutes set

19  forth below are reenacted to read:

20         455.574  Department of Health; examinations.--

21         (1)

22         (d)  Each board, or the department when there is no

23  board, shall adopt rules regarding the security and monitoring

24  of examinations.  The department shall implement those rules

25  adopted by the respective boards.  In order to maintain the

26  security of examinations, the department may employ the

27  procedures set forth in s. 455.637 to seek fines and

28  injunctive relief against an examinee who violates the

29  provisions of s. 455.577 or the rules adopted pursuant to this

30  paragraph.  The department, or any agent thereof, may, for the

31  purposes of investigation, confiscate any written,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  photographic, or recording material or device in the

 2  possession of the examinee at the examination site which the

 3  department deems necessary to enforce such provisions or

 4  rules.

 5         468.1295  Disciplinary proceedings.--

 6         (1)  The following acts constitute grounds for both

 7  disciplinary actions as set forth in subsection (2) and cease

 8  and desist or other related actions by the department as set

 9  forth in s. 455.637:

10         (a)  Procuring or attempting to procure a license by

11  bribery, by fraudulent misrepresentation, or through an error

12  of the department or the board.

13         (b)  Having a license revoked, suspended, or otherwise

14  acted against, including denial of licensure, by the licensing

15  authority of another state, territory, or country.

16         (c)  Being convicted or found guilty of, or entering a

17  plea of nolo contendere to, regardless of adjudication, a

18  crime in any jurisdiction which directly relates to the

19  practice of speech-language pathology or audiology.

20         (d)  Making or filing a report or record which the

21  licensee knows to be false, intentionally or negligently

22  failing to file a report or records required by state or

23  federal law, willfully impeding or obstructing such filing, or

24  inducing another person to impede or obstruct such filing.

25  Such report or record shall include only those reports or

26  records which are signed in one's capacity as a licensed

27  speech-language pathologist or audiologist.

28         (e)  Advertising goods or services in a manner which is

29  fraudulent, false, deceptive, or misleading in form or

30  content.

31         (f)  Being proven guilty of fraud or deceit or of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  negligence, incompetency, or misconduct in the practice of

 2  speech-language pathology or audiology.

 3         (g)  Violating a lawful order of the board or

 4  department previously entered in a disciplinary hearing, or

 5  failing to comply with a lawfully issued subpoena of the board

 6  or department.

 7         (h)  Practicing with a revoked, suspended, inactive, or

 8  delinquent license.

 9         (i)  Using, or causing or promoting the use of, any

10  advertising matter, promotional literature, testimonial,

11  guarantee, warranty, label, brand, insignia, or other

12  representation, however disseminated or published, which is

13  misleading, deceiving, or untruthful.

14         (j)  Showing or demonstrating or, in the event of sale,

15  delivery of a product unusable or impractical for the purpose

16  represented or implied by such action.

17         (k)  Failing to submit to the board on an annual basis,

18  or such other basis as may be provided by rule, certification

19  of testing and calibration of such equipment as designated by

20  the board and on the form approved by the board.

21         (l)  Aiding, assisting, procuring, employing, or

22  advising any licensee or business entity to practice

23  speech-language pathology or audiology contrary to this part,

24  part II of chapter 455, or any rule adopted pursuant thereto.

25         (m)  Violating any provision of this part or part II of

26  chapter 455 or any rule adopted pursuant thereto.

27         (n)  Misrepresenting the professional services

28  available in the fitting, sale, adjustment, service, or repair

29  of a hearing aid, or using any other term or title which might

30  connote the availability of professional services when such

31  use is not accurate.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         (o)  Representing, advertising, or implying that a

 2  hearing aid or its repair is guaranteed without providing full

 3  disclosure of the identity of the guarantor; the nature,

 4  extent, and duration of the guarantee; and the existence of

 5  conditions or limitations imposed upon the guarantee.

 6         (p)  Representing, directly or by implication, that a

 7  hearing aid utilizing bone conduction has certain specified

 8  features, such as the absence of anything in the ear or

 9  leading to the ear, or the like, without disclosing clearly

10  and conspicuously that the instrument operates on the bone

11  conduction principle and that in many cases of hearing loss

12  this type of instrument may not be suitable.

13         (q)  Stating or implying that the use of any hearing

14  aid will improve or preserve hearing or prevent or retard the

15  progression of a hearing impairment or that it will have any

16  similar or opposite effect.

17         (r)  Making any statement regarding the cure of the

18  cause of a hearing impairment by the use of a hearing aid.

19         (s)  Representing or implying that a hearing aid is or

20  will be "custom-made," "made to order," or

21  "prescription-made," or in any other sense specially

22  fabricated for an individual, when such is not the case.

23         (t)  Canvassing from house to house or by telephone,

24  either in person or by an agent, for the purpose of selling a

25  hearing aid, except that contacting persons who have evidenced

26  an interest in hearing aids, or have been referred as in need

27  of hearing aids, shall not be considered canvassing.

28         (u)  Failing to notify the department in writing of a

29  change in current mailing and place-of-practice address within

30  30 days after such change.

31         (v)  Failing to provide all information as described in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  ss. 468.1225(5)(b), 468.1245(1), and 468.1246.

 2         (w)  Exercising influence on a client in such a manner

 3  as to exploit the client for financial gain of the licensee or

 4  of a third party.

 5         (x)  Practicing or offering to practice beyond the

 6  scope permitted by law or accepting and performing

 7  professional responsibilities the licensee or

 8  certificateholder knows, or has reason to know, the licensee

 9  or certificateholder is not competent to perform.

10         (y)  Aiding, assisting, procuring, or employing any

11  unlicensed person to practice speech-language pathology or

12  audiology.

13         (z)  Delegating or contracting for the performance of

14  professional responsibilities by a person when the licensee

15  delegating or contracting for performance of such

16  responsibilities knows, or has reason to know, such person is

17  not qualified by training, experience, and authorization to

18  perform them.

19         (aa)  Committing any act upon a patient or client which

20  would constitute sexual battery or which would constitute

21  sexual misconduct as defined pursuant to s. 468.1296.

22         (bb)  Being unable to practice the profession for which

23  he or she is licensed or certified under this chapter with

24  reasonable skill or competence as a result of any mental or

25  physical condition or by reason of illness, drunkenness, or

26  use of drugs, narcotics, chemicals, or any other substance. In

27  enforcing this paragraph, upon a finding by the secretary, his

28  or her designee, or the board that probable cause exists to

29  believe that the licensee or certificateholder is unable to

30  practice the profession because of the reasons stated in this

31  paragraph, the department shall have the authority to compel a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  licensee or certificateholder to submit to a mental or

 2  physical examination by a physician, psychologist, clinical

 3  social worker, marriage and family therapist, or mental health

 4  counselor designated by the department or board.  If the

 5  licensee or certificateholder refuses to comply with the

 6  department's order directing the examination, such order may

 7  be enforced by filing a petition for enforcement in the

 8  circuit court in the circuit in which the licensee or

 9  certificateholder resides or does business.  The department

10  shall be entitled to the summary procedure provided in s.

11  51.011.  A licensee or certificateholder affected under this

12  paragraph shall at reasonable intervals be afforded an

13  opportunity to demonstrate that he or she can resume the

14  competent practice for which he or she is licensed or

15  certified with reasonable skill and safety to patients.

16         484.014  Disciplinary actions.--

17         (1)  The following acts relating to the practice of

18  opticianry shall be grounds for both disciplinary action

19  against an optician as set forth in this section and cease and

20  desist or other related action by the department as set forth

21  in s. 455.637 against any person operating an optical

22  establishment who engages in, aids, or abets any such

23  violation:

24         (a)  Procuring or attempting to procure a license by

25  misrepresentation, bribery, or fraud or through an error of

26  the department or the board.

27         (b)  Procuring or attempting to procure a license for

28  any other person by making or causing to be made any false

29  representation.

30         (c)  Making or filing a report or record which the

31  licensee knows to be false, intentionally or negligently

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  failing to file a report or record required by federal or

 2  state law, willfully impeding or obstructing such filing, or

 3  inducing another person to do so. Such reports or records

 4  shall include only those which the person is required to make

 5  or file as an optician.

 6         (d)  Failing to make fee or price information readily

 7  available by providing such information upon request or upon

 8  the presentation of a prescription.

 9         (e)  Advertising goods or services in a manner which is

10  fraudulent, false, deceptive, or misleading in form or

11  content.

12         (f)  Fraud or deceit, or negligence, incompetency, or

13  misconduct, in the authorized practice of opticianry.

14         (g)  Violation or repeated violation of this part or of

15  part II of chapter 455 or any rules promulgated pursuant

16  thereto.

17         (h)  Practicing with a revoked, suspended, inactive, or

18  delinquent license.

19         (i)  Violation of a lawful order of the board or

20  department previously entered in a disciplinary hearing or

21  failing to comply with a lawfully issued subpoena of the

22  department.

23         (j)  Violation of any provision of s. 484.012.

24         (k)  Conspiring with another licensee or with any

25  person to commit an act, or committing an act, which would

26  coerce, intimidate, or preclude another licensee from lawfully

27  advertising her or his services.

28         (l)  Willfully submitting to any third-party payor a

29  claim for services which were not provided to a patient.

30         (m)  Failing to keep written prescription files.

31         (n)  Willfully failing to report any person who the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  licensee knows is in violation of this part or of rules of the

 2  department or the board.

 3         (o)  Exercising influence on a client in such a manner

 4  as to exploit the client for financial gain of the licensee or

 5  of a third party.

 6         (p)  Gross or repeated malpractice.

 7         (q)  Permitting any person not licensed as an optician

 8  in this state to fit or dispense any lenses, spectacles,

 9  eyeglasses, or other optical devices which are part of the

10  practice of opticianry.

11         (r)  Being convicted or found guilty of, or entering a

12  plea of nolo contendere to, regardless of adjudication, in a

13  court of this state or other jurisdiction, a crime which

14  relates to the ability to practice opticianry or to the

15  practice of opticianry.

16         (s)  Having been disciplined by a regulatory agency in

17  another state for any offense that would constitute a

18  violation of Florida law or rules regulating opticianry.

19         (t)  Being unable to practice opticianry with

20  reasonable skill and safety by reason of illness or use of

21  drugs, narcotics, chemicals, or any other type of material or

22  as a result of any mental or physical condition. An optician

23  affected under this paragraph shall at reasonable intervals be

24  afforded an opportunity to demonstrate that she or he can

25  resume the competent practice of opticianry with reasonable

26  skill and safety to her or his customers.

27         484.056  Disciplinary proceedings.--

28         (1)  The following acts relating to the practice of

29  dispensing hearing aids shall be grounds for both disciplinary

30  action against a hearing aid specialist as set forth in this

31  section and cease and desist or other related action by the

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  department as set forth in s. 455.637 against any person

 2  owning or operating a hearing aid establishment who engages

 3  in, aids, or abets any such violation:

 4         (a)  Violation of any provision of s. 455.624(1), s.

 5  484.0512, or s. 484.053.

 6         (b)  Attempting to procure a license to dispense

 7  hearing aids by bribery, by fraudulent misrepresentations, or

 8  through an error of the department or the board.

 9         (c)  Having a license to dispense hearing aids revoked,

10  suspended, or otherwise acted against, including the denial of

11  licensure, by the licensing authority of another state,

12  territory, or country.

13         (d)  Being convicted or found guilty of, or entering a

14  plea of nolo contendere to, regardless of adjudication, a

15  crime in any jurisdiction which directly relates to the

16  practice of dispensing hearing aids or the ability to practice

17  dispensing hearing aids, including violations of any federal

18  laws or regulations regarding hearing aids.

19         (e)  Making or filing a report or record which the

20  licensee knows to be false, intentionally or negligently

21  failing to file a report or record required by state or

22  federal law, willfully impeding or obstructing such filing, or

23  inducing another person to impede or obstruct such filing.

24  Such reports or records shall include only those reports or

25  records which are signed in one's capacity as a licensed

26  hearing aid specialist.

27         (f)  Advertising goods or services in a manner which is

28  fraudulent, false, deceptive, or misleading in form or

29  content.

30         (g)  Proof that the licensee is guilty of fraud or

31  deceit or of negligence, incompetency, or misconduct in the

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  practice of dispensing hearing aids.

 2         (h)  Violation or repeated violation of this part or of

 3  part II of chapter 455, or any rules promulgated pursuant

 4  thereto.

 5         (i)  Violation of a lawful order of the board or

 6  department previously entered in a disciplinary hearing or

 7  failure to comply with a lawfully issued subpoena of the board

 8  or department.

 9         (j)  Practicing with a revoked, suspended, inactive, or

10  delinquent license.

11         (k)  Using, or causing or promoting the use of, any

12  advertising matter, promotional literature, testimonial,

13  guarantee, warranty, label, brand, insignia, or other

14  representation, however disseminated or published, which is

15  misleading, deceiving, or untruthful.

16         (l)  Showing or demonstrating, or, in the event of

17  sale, delivery of, a product unusable or impractical for the

18  purpose represented or implied by such action.

19         (m)  Misrepresentation of professional services

20  available in the fitting, sale, adjustment, service, or repair

21  of a hearing aid, or use of the terms "doctor," "clinic,"

22  "clinical," "medical audiologist," "clinical audiologist,"

23  "research audiologist," or "audiologic" or any other term or

24  title which might connote the availability of professional

25  services when such use is not accurate.

26         (n)  Representation, advertisement, or implication that

27  a hearing aid or its repair is guaranteed without providing

28  full disclosure of the identity of the guarantor; the nature,

29  extent, and duration of the guarantee; and the existence of

30  conditions or limitations imposed upon the guarantee.

31         (o)  Representing, directly or by implication, that a

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  hearing aid utilizing bone conduction has certain specified

 2  features, such as the absence of anything in the ear or

 3  leading to the ear, or the like, without disclosing clearly

 4  and conspicuously that the instrument operates on the bone

 5  conduction principle and that in many cases of hearing loss

 6  this type of instrument may not be suitable.

 7         (p)  Making any predictions or prognostications as to

 8  the future course of a hearing impairment, either in general

 9  terms or with reference to an individual person.

10         (q)  Stating or implying that the use of any hearing

11  aid will improve or preserve hearing or prevent or retard the

12  progression of a hearing impairment or that it will have any

13  similar or opposite effect.

14         (r)  Making any statement regarding the cure of the

15  cause of a hearing impairment by the use of a hearing aid.

16         (s)  Representing or implying that a hearing aid is or

17  will be "custom-made," "made to order," or "prescription-made"

18  or in any other sense specially fabricated for an individual

19  person when such is not the case.

20         (t)  Canvassing from house to house or by telephone

21  either in person or by an agent for the purpose of selling a

22  hearing aid, except that contacting persons who have evidenced

23  an interest in hearing aids, or have been referred as in need

24  of hearing aids, shall not be considered canvassing.

25         (u)  Failure to submit to the board on an annual basis,

26  or such other basis as may be provided by rule, certification

27  of testing and calibration of audiometric testing equipment on

28  the form approved by the board.

29         (v)  Failing to provide all information as described in

30  s. 484.051(1).

31         (w)  Exercising influence on a client in such a manner

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  as to exploit the client for financial gain of the licensee or

 2  of a third party.

 3         Section 22.  Paragraphs (a) and (g) of subsection (3)

 4  of section 921.0022, Florida Statutes, are amended to read:

 5         921.0022  Criminal Punishment Code; offense severity

 6  ranking chart.--

 7         (3)  OFFENSE SEVERITY RANKING CHART

 8

 9  Florida           Felony

10  Statute           Degree             Description

11

12                              (a)  LEVEL 1

13  24.118(3)(a)       3rd      Counterfeit or altered state

14                              lottery ticket.

15  212.054(2)(b)      3rd      Discretionary sales surtax;

16                              limitations, administration, and

17                              collection.

18  212.15(2)(b)       3rd      Failure to remit sales taxes,

19                              amount greater than $300 but less

20                              than $20,000.

21  319.30(5)          3rd      Sell, exchange, give away

22                              certificate of title or

23                              identification number plate.

24  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

25                              odometer.

26  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

27                              registration license plates or

28                              validation stickers.

29  322.212(1)         3rd      Possession of forged, stolen,

30                              counterfeit, or unlawfully issued

31                              driver's license; possession of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1                              simulated identification.

 2  322.212(4)         3rd      Supply or aid in supplying

 3                              unauthorized driver's license or

 4                              identification card.

 5  322.212(5)(a)      3rd      False application for driver's

 6                              license or identification card.

 7  370.13(3)(a)       3rd      Molest any stone crab trap, line,

 8                              or buoy which is property of

 9                              licenseholder.

10  370.135(1)         3rd      Molest any blue crab trap, line,

11                              or buoy which is property of

12                              licenseholder.

13  372.663(1)         3rd      Poach any alligator or

14                              crocodilia.

15  414.39(2)          3rd      Unauthorized use, possession,

16                              forgery, or alteration of food

17                              stamps, Medicaid ID, value

18                              greater than $200.

19  414.39(3)(a)       3rd      Fraudulent misappropriation of

20                              public assistance funds by

21                              employee/official, value more

22                              than $200.

23  443.071(1)         3rd      False statement or representation

24                              to obtain or increase

25                              unemployment compensation

26                              benefits.

27  458.327(1)(a)      3rd      Unlicensed practice of medicine.

28  466.026(1)(a)      3rd      Unlicensed practice of dentistry

29                              or dental hygiene.

30  509.151(1)         3rd      Defraud an innkeeper, food or

31                              lodging value greater than $300.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  517.302(1)         3rd      Violation of the Florida

 2                              Securities and Investor

 3                              Protection Act.

 4  562.27(1)          3rd      Possess still or still apparatus.

 5  713.69             3rd      Tenant removes property upon

 6                              which lien has accrued, value

 7                              more than $50.

 8  812.014(3)(c)      3rd      Petit theft (3rd conviction);

 9                              theft of any property not

10                              specified in subsection (2).

11  812.081(2)         3rd      Unlawfully makes or causes to be

12                              made a reproduction of a trade

13                              secret.

14  815.04(4)(a)       3rd      Offense against intellectual

15                              property (i.e., computer

16                              programs, data).

17  817.52(2)          3rd      Hiring with intent to defraud,

18                              motor vehicle services.

19  826.01             3rd      Bigamy.

20  828.122(3)         3rd      Fighting or baiting animals.

21  831.04(1)          3rd      Any erasure, alteration, etc., of

22                              any replacement deed, map, plat,

23                              or other document listed in s.

24                              92.28.

25  831.31(1)(a)       3rd      Sell, deliver, or possess

26                              counterfeit controlled

27                              substances, all but s. 893.03(5)

28                              drugs.

29  832.041(1)         3rd      Stopping payment with intent to

30                              defraud $150 or more.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  832.05

 2   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

 3                              worthless checks $150 or more or

 4                              obtaining property in return for

 5                              worthless check $150 or more.

 6  838.015(3)         3rd      Bribery.

 7  838.016(1)         3rd      Public servant receiving unlawful

 8                              compensation.

 9  838.15(2)          3rd      Commercial bribe receiving.

10  838.16             3rd      Commercial bribery.

11  843.18             3rd      Fleeing by boat to elude a law

12                              enforcement officer.

13  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

14                              lewd, etc., material (2nd

15                              conviction).

16  849.01             3rd      Keeping gambling house.

17  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

18                              or assist therein, conduct or

19                              advertise drawing for prizes, or

20                              dispose of property or money by

21                              means of lottery.

22  849.23             3rd      Gambling-related machines;

23                              "common offender" as to property

24                              rights.

25  849.25(2)          3rd      Engaging in bookmaking.

26  860.08             3rd      Interfere with a railroad signal.

27  860.13(1)(a)       3rd      Operate aircraft while under the

28                              influence.

29  893.13(2)(a)2.     3rd      Purchase of cannabis.

30  893.13(6)(a)       3rd      Possession of cannabis (more than

31                              20 grams).

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  893.13(7)(a)10.    3rd      Affix false or forged label to

 2                              package of controlled substance.

 3  934.03(1)(a)       3rd      Intercepts, or procures any other

 4                              person to intercept, any wire or

 5                              oral communication.

 6                              (g)  LEVEL 7

 7  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 8                              injury.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  455.637(2)         3rd      Practicing a health care

18                              profession without a license.

19  455.637(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.053            3rd      Dispensing hearing aids without a

20                              license.

21  494.0018(2)        1st      Conviction of any violation of

22                              ss. 494.001-494.0077 in which the

23                              total money and property

24                              unlawfully obtained exceeded

25                              $50,000 and there were five or

26                              more victims.

27  782.051(3)         2nd      Attempted felony murder of a

28                              person by a person other than the

29                              perpetrator or the perpetrator of

30                              an attempted felony.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  784.083(1)         1st      Aggravated battery on code

 2                              inspector.

 3  790.07(4)          1st      Specified weapons violation

 4                              subsequent to previous conviction

 5                              of s. 790.07(1) or (2).

 6  790.16(1)          1st      Discharge of a machine gun under

 7                              specified circumstances.

 8  796.03             2nd      Procuring any person under 16

 9                              years for prostitution.

10  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

11                              victim less than 12 years of age;

12                              offender less than 18 years.

13  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              18 years or older.

17  806.01(2)          2nd      Maliciously damage structure by

18                              fire or explosive.

19  810.02(3)(a)       2nd      Burglary of occupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

22                              unarmed; no assault or battery.

23  810.02(3)(d)       2nd      Burglary of occupied conveyance;

24                              unarmed; no assault or battery.

25  812.014(2)(a)      1st      Property stolen, valued at

26                              $100,000 or more; property stolen

27                              while causing other property

28                              damage; 1st degree grand theft.

29  812.019(2)         1st      Stolen property; initiates,

30                              organizes, plans, etc., the theft

31                              of property and traffics in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1                              stolen property.

 2  812.131(2)(a)      2nd      Robbery by sudden snatching.

 3  812.133(2)(b)      1st      Carjacking; no firearm, deadly

 4                              weapon, or other weapon.

 5  825.102(3)(b)      2nd      Neglecting an elderly person or

 6                              disabled adult causing great

 7                              bodily harm, disability, or

 8                              disfigurement.

 9  825.1025(2)        2nd      Lewd or lascivious battery upon

10                              an elderly person or disabled

11                              adult.

12  825.103(2)(b)      2nd      Exploiting an elderly person or

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

16  827.03(3)(b)       2nd      Neglect of a child causing great

17                              bodily harm, disability, or

18                              disfigurement.

19  827.04(3)          3rd      Impregnation of a child under 16

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  872.06             2nd      Abuse of a dead human body.

26  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

27                              cocaine (or other drug prohibited

28                              under s. 893.03(1)(a), (1)(b),

29                              (1)(d), (2)(a), or (2)(b)) within

30                              1,000 feet of a child care

31                              facility or school.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  893.13(1)(e)       1st      Sell, manufacture, or deliver

 2                              cocaine or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), or (2)(b), within

 5                              1,000 feet of property used for

 6                              religious services or a specified

 7                              business site.

 8  893.13(4)(a)       1st      Deliver to minor cocaine (or

 9                              other s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), or (2)(b) drugs).

11  893.135(1)(a)1.    1st      Trafficking in cannabis, more

12                              than 50 lbs., less than 2,000

13                              lbs.

14  893.135

15   (1)(b)1.a.        1st      Trafficking in cocaine, more than

16                              28 grams, less than 200 grams.

17  893.135

18   (1)(c)1.a.        1st      Trafficking in illegal drugs,

19                              more than 4 grams, less than 14

20                              grams.

21  893.135

22   (1)(d)1.          1st      Trafficking in phencyclidine,

23                              more than 28 grams, less than 200

24                              grams.

25  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

26                              than 200 grams, less than 5

27                              kilograms.

28  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

29                              than 14 grams, less than 28

30                              grams.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  893.135

 2   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

 3                              grams or more, less than 14

 4                              grams.

 5         Section 23.  Subsection (1) of section 458.327, Florida

 6  Statutes, reads:

 7         458.327  Penalty for violations.--

 8         (1)  Each of the following acts constitutes a felony of

 9  the third degree, punishable as provided in s. 775.082, s.

10  775.083, or s. 775.084:

11         (a)  The practice of medicine or an attempt to practice

12  medicine without a license to practice in Florida.

13         (b)  The use or attempted use of a license which is

14  suspended or revoked to practice medicine.

15         (c)  Attempting to obtain or obtaining a license to

16  practice medicine by knowing misrepresentation.

17         (d)  Attempting to obtain or obtaining a position as a

18  medical practitioner or medical resident in a clinic or

19  hospital through knowing misrepresentation of education,

20  training, or experience.

21         Section 24.  Subsection (1) of section 459.013, Florida

22  Statutes, reads:

23         459.013  Penalty for violations.--

24         (1)  Each of the following acts constitutes a felony of

25  the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084:

27         (a)  The practice of osteopathic medicine, or an

28  attempt to practice osteopathic medicine, without an active

29  license or certificate issued pursuant to this chapter.

30         (b)  The practice of osteopathic medicine by a person

31  holding a limited license, osteopathic faculty certificate, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  other certificate issued under this chapter beyond the scope

 2  of practice authorized for such licensee or certificateholder.

 3         (c)  Attempting to obtain or obtaining a license to

 4  practice osteopathic medicine by knowing misrepresentation.

 5         (d)  Attempting to obtain or obtaining a position as an

 6  osteopathic medical practitioner or osteopathic medical

 7  resident in a clinic or hospital through knowing

 8  misrepresentation of education, training, or experience.

 9         Section 25.  Subsection (1) of section 460.411, Florida

10  Statutes, reads:

11         460.411  Violations and penalties.--

12         (1)  Each of the following acts constitutes a violation

13  of this chapter and is a felony of the third degree,

14  punishable as provided in s. 775.082, s. 775.083, or s.

15  775.084:

16         (a)  Practicing or attempting to practice chiropractic

17  medicine without an active license or with a license

18  fraudulently obtained.

19         (b)  Using or attempting to use a license to practice

20  chiropractic medicine which has been suspended or revoked.

21         Section 26.  Subsection (1) of section 461.012, Florida

22  Statutes, reads:

23         461.012  Violations and penalties.--

24         (1)  Each of the following acts constitutes a violation

25  of this chapter and is a felony of the third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084:

28         (a)  Practicing or attempting to practice podiatric

29  medicine without an active license or with a license

30  fraudulently obtained.

31         (b)  Advertising podiatric services without an active

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  license obtained pursuant to this chapter or with a license

 2  fraudulently obtained.

 3         (c)  Using or attempting to use a license to practice

 4  podiatric medicine which has been suspended or revoked.

 5         Section 27.  Section 462.17, Florida Statutes, reads:

 6         462.17  Penalty for offenses relating to

 7  naturopathy.--Any person who shall:

 8         (1)  Sell, fraudulently obtain, or furnish any

 9  naturopathic diploma, license, record, or registration or aid

10  or abet in the same;

11         (2)  Practice naturopathy under the cover of any

12  diploma, license, record, or registration illegally or

13  fraudulently obtained or secured or issued unlawfully or upon

14  fraudulent representations;

15         (3)  Advertise to practice naturopathy under a name

16  other than her or his own or under an assumed name;

17         (4)  Falsely impersonate another practitioner of a like

18  or different name;

19         (5)  Practice or advertise to practice naturopathy or

20  use in connection with her or his name any designation tending

21  to imply or to designate the person as a practitioner of

22  naturopathy without then being lawfully licensed and

23  authorized to practice naturopathy in this state; or

24         (6)  Practice naturopathy during the time her or his

25  license is suspended or revoked

26

27  shall be guilty of a felony of the third degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084.

29         Section 28.  Subsection (1) of section 463.015, Florida

30  Statutes, reads:

31         463.015  Violations and penalties.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         (1)  Each of the following acts constitutes a felony of

 2  the third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084:

 4         (a)  Practicing or attempting to practice optometry

 5  without a valid active license issued pursuant to this

 6  chapter.

 7         (b)  Attempting to obtain or obtaining a license to

 8  practice optometry by fraudulent misrepresentation.

 9         (c)  Using or attempting to use a license to practice

10  optometry which has been suspended or revoked.

11         Section 29.  Subsection (1) of section 464.016, Florida

12  Statutes, reads:

13         464.016  Violations and penalties.--

14         (1)  Each of the following acts constitutes a felony of

15  the third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084:

17         (a)  Practicing advanced or specialized, professional

18  or practical nursing, as defined in this chapter, unless

19  holding an active license or certificate to do so.

20         (b)  Using or attempting to use a license or

21  certificate which has been suspended or revoked.

22         (c)  Knowingly employing unlicensed persons in the

23  practice of nursing.

24         (d)  Obtaining or attempting to obtain a license or

25  certificate under this chapter by misleading statements or

26  knowing misrepresentation.

27         Section 30.  Subsection (2) of section 465.015, Florida

28  Statutes, reads:

29         465.015  Violations and penalties.--

30         (2)  It is unlawful for any person:

31         (a)  To make a false or fraudulent statement, either

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  for herself or himself or for another person, in any

 2  application, affidavit, or statement presented to the board or

 3  in any proceeding before the board.

 4         (b)  To fill, compound, or dispense prescriptions or to

 5  dispense medicinal drugs if such person does not hold an

 6  active license as a pharmacist in this state, is not

 7  registered as an intern in this state, or is an intern not

 8  acting under the direct and immediate personal supervision of

 9  a licensed pharmacist.

10         (c)  To sell or dispense drugs as defined in s.

11  465.003(8) without first being furnished with a prescription.

12         (d)  To sell samples or complimentary packages of drug

13  products.

14         Section 31.  Subsection (1) of section 466.026, Florida

15  Statutes, reads:

16         466.026  Prohibitions; penalties.--

17         (1)  Each of the following acts constitutes a felony of

18  the third degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084:

20         (a)  Practicing dentistry or dental hygiene unless the

21  person has an appropriate, active license issued by the

22  department pursuant to this chapter.

23         (b)  Using or attempting to use a license issued

24  pursuant to this chapter which license has been suspended or

25  revoked.

26         (c)  Knowingly employing any person to perform duties

27  outside the scope allowed such person under this chapter or

28  the rules of the board.

29         (d)  Giving false or forged evidence to the department

30  or board for the purpose of obtaining a license.

31         (e)  Selling or offering to sell a diploma conferring a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  degree from a dental college or dental hygiene school or

 2  college, or a license issued pursuant to this chapter, or

 3  procuring such diploma or license with intent that it shall be

 4  used as evidence of that which the document stands for, by a

 5  person other than the one upon whom it was conferred or to

 6  whom it was granted.

 7         Section 32.  Section 467.201, Florida Statutes, reads:

 8         467.201  Violations and penalties.--Each of the

 9  following acts constitutes a felony of the third degree,

10  punishable as provided in s. 775.082, s. 775.083, or s.

11  775.084:

12         (1)  Practicing midwifery, unless holding an active

13  license to do so.

14         (2)  Using or attempting to use a license which has

15  been suspended or revoked.

16         (3)  The willful practice of midwifery by a student

17  midwife without a preceptor present, except in an emergency.

18         (4)  Knowingly allowing a student midwife to practice

19  midwifery without a preceptor present, except in an emergency.

20         (5)  Obtaining or attempting to obtain a license under

21  this chapter through bribery or fraudulent misrepresentation.

22         (6)  Using the name or title "midwife" or "licensed

23  midwife" or any other name or title which implies that a

24  person is licensed to practice midwifery, unless such person

25  is duly licensed as provided in this chapter.

26         (7)  Knowingly concealing information relating to the

27  enforcement of this chapter or rules adopted pursuant thereto.

28         Section 33.  Section 468.366, Florida Statutes, reads:

29         468.366  Penalties for violations.--

30         (1)  It is a violation of law for any person, including

31  any firm, association, or corporation, to:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         (a)  Sell or fraudulently obtain, attempt to obtain, or

 2  furnish to any person a diploma, license, or record, or aid or

 3  abet in the sale, procurement, or attempted procurement

 4  thereof.

 5         (b)  Deliver respiratory care services, as defined by

 6  this part or by rule of the board, under cover of any diploma,

 7  license, or record that was illegally or fraudulently obtained

 8  or signed or issued unlawfully or under fraudulent

 9  representation.

10         (c)  Deliver respiratory care services, as defined by

11  this part or by rule of the board, unless such person is duly

12  licensed to do so under the provisions of this part or unless

13  such person is exempted pursuant to s. 468.368.

14         (d)  Use, in connection with his or her name, any

15  designation tending to imply that he or she is a respiratory

16  care practitioner or a respiratory therapist, duly licensed

17  under the provisions of this part, unless he or she is so

18  licensed.

19         (e)  Advertise an educational program as meeting the

20  requirements of this part, or conduct an educational program

21  for the preparation of respiratory care practitioners or

22  respiratory therapists, unless such program has been approved

23  by the board.

24         (f)  Knowingly employ unlicensed persons in the

25  delivery of respiratory care services, unless exempted by this

26  part.

27         (g)  Knowingly conceal information relative to any

28  violation of this part.

29         (2)  Any violation of this section is a felony of the

30  third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         Section 34.  Subsection (1) of section 483.828, Florida

 2  Statutes, reads:

 3         483.828  Penalties for violations.--

 4         (1)  Each of the following acts constitutes a felony of

 5  the third degree, punishable as provided in s. 775.082, s.

 6  775.083, or s. 775.084:

 7         (a)  Practicing as clinical laboratory personnel

 8  without an active license.

 9         (b)  Using or attempting to use a license to practice

10  as clinical laboratory personnel which is suspended or

11  revoked.

12         (c)  Attempting to obtain or obtaining a license to

13  practice as clinical laboratory personnel by knowing

14  misrepresentation.

15         Section 35.  Subsection (9) of section 483.901, Florida

16  Statutes, reads:

17         483.901  Medical physicists; definitions; licensure.--

18         (9)  PENALTY FOR VIOLATIONS.--It is a felony of the

19  third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084, to:

21         (a)  Practice or attempt to practice medical physics or

22  hold oneself out to be a licensed medical physicist without

23  holding an active license.

24         (b)  Practice or attempt to practice medical physics

25  under a name other than one's own.

26         (c)  Use or attempt to use a revoked or suspended

27  license or the license of another.

28         Section 36.  Section 484.053, Florida Statutes, reads:

29         484.053  Prohibitions; penalties.--

30         (1)  A person may not:

31         (a)  Practice dispensing hearing aids unless the person

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  is a licensed hearing aid specialist;

 2         (b)  Use the name or title "hearing aid specialist"

 3  when the person has not been licensed under this part;

 4         (c)  Present as her or his own the license of another;

 5         (d)  Give false, incomplete, or forged evidence to the

 6  board or a member thereof for the purposes of obtaining a

 7  license;

 8         (e)  Use or attempt to use a hearing aid specialist

 9  license that is delinquent or has been suspended, revoked, or

10  placed on inactive status;

11         (f)  Knowingly employ unlicensed persons in the

12  practice of dispensing hearing aids; or

13         (g)  Knowingly conceal information relative to

14  violations of this part.

15         (2)  Any person who violates any of the provisions of

16  this section is guilty of a felony of the third degree,

17  punishable as provided in s. 775.082 or s. 775.083.

18         (3)  If a person licensed under this part allows the

19  sale of a hearing aid by an unlicensed person not registered

20  as a trainee or fails to comply with the requirements of s.

21  484.0445(2) relating to supervision of trainees, the board

22  shall, upon determination of that violation, order the full

23  refund of moneys paid by the purchaser upon return of the

24  hearing aid to the seller's place of business.

25         Section 37.  Subsection (1) of section 457.102, Florida

26  Statutes, is amended to read:

27         457.102  Definitions.--As used in this chapter:

28         (1)  "Acupuncture" means a form of primary health care,

29  based on traditional Chinese medical concepts and modern

30  oriental medical techniques, that employs acupuncture

31  diagnosis and treatment, as well as adjunctive therapies and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  diagnostic techniques, for the promotion, maintenance, and

 2  restoration of health and the prevention of disease.

 3  Acupuncture shall include, but not be limited to, the

 4  insertion of acupuncture needles and the application of

 5  moxibustion to specific areas of the human body and the use of

 6  electroacupuncture, Qi Gong, oriental massage, herbal therapy,

 7  dietary guidelines, and other adjunctive therapies, as defined

 8  by board rule.

 9         Section 38.  Section 457.105, Florida Statutes, is

10  amended to read:

11         457.105  Licensure qualifications and fees.--

12         (1)  It is unlawful for any person to practice

13  acupuncture in this state unless such person has been licensed

14  by the board, is in a board-approved course of study, or is

15  otherwise exempted by this chapter.

16         (2)  A person may become licensed to practice

17  acupuncture if the person applies to the department and:

18         (a)  Is 21 18 years of age or older, has good moral

19  character, and has the ability to communicate in English,

20  which is demonstrated by having passed the national written

21  examination in English or, if such examination was passed in a

22  foreign language, by also having passed a nationally

23  recognized English proficiency examination;

24         (b)  Has completed 60 college credits from an

25  accredited postsecondary institution as a prerequisite to

26  enrollment in an authorized 3-year course of study in

27  acupuncture and oriental medicine, and has completed a 3-year

28  course of study in acupuncture and oriental medicine, and

29  effective July 31, 2001, a 4-year course of study in

30  acupuncture and oriental medicine, which meets standards

31  established by the board by rule, which standards include, but

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  are not limited to, successful completion of academic courses

 2  in western anatomy, western physiology, western pathology,

 3  western biomedical terminology, first aid, and cardiopulmonary

 4  resuscitation (CPR). However, any person who enrolled in an

 5  authorized course of study in acupuncture before August 1,

 6  1997, must have completed only a 2-year course of study which

 7  meets standards established by the board by rule, which

 8  standards must include, but are not limited to, successful

 9  completion of academic courses in western anatomy, western

10  physiology, and western pathology;

11         (c)  Has successfully completed a board-approved

12  national certification process, is actively licensed in a

13  state that has examination requirements that are substantially

14  equivalent to or more stringent than those of this state, or

15  passes an examination administered by the department, which

16  examination tests the applicant's competency and knowledge of

17  the practice of acupuncture and oriental medicine. At the

18  request of any applicant, oriental nomenclature for the points

19  shall be used in the examination. The examination shall

20  include a practical examination of the knowledge and skills

21  required to practice modern and traditional acupuncture and

22  oriental medicine, covering diagnostic and treatment

23  techniques and procedures; and

24         (d)  Pays the required fees set by the board by rule

25  not to exceed the following amounts:

26         1.  Examination fee: $500 plus the actual per applicant

27  cost to the department for purchase of the written and

28  practical portions of the examination from a national

29  organization approved by the board.

30         2.  Application fee: $300.

31         3.  Reexamination fee: $500 plus the actual per

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  applicant cost to the department for purchase of the written

 2  and practical portions of the examination from a national

 3  organization approved by the board.

 4         4.  Initial biennial licensure fee: $400, if licensed

 5  in the first half of the biennium, and $200, if licensed in

 6  the second half of the biennium.

 7         Section 39.  Subsection (1) of section 457.107, Florida

 8  Statutes, is amended to read:

 9         457.107  Renewal of licenses; continuing education.--

10         (1)  The department shall renew a license upon receipt

11  of the renewal application and the fee set by the board by

12  rule, not to exceed $500 $700.

13         Section 40.  Section 483.824, Florida Statutes, is

14  amended to read:

15         483.824  Qualifications of clinical laboratory

16  director.--A clinical laboratory director must have 4 years of

17  clinical laboratory experience with 2 years of experience in

18  the specialty to be directed or be nationally board certified

19  in the specialty to be directed, and must meet one of the

20  following requirements:

21         (1)  Be a physician licensed under chapter 458 or

22  chapter 459;

23         (2)  Hold an earned doctoral degree in a chemical,

24  physical, or biological science from a regionally accredited

25  institution and maintain national certification requirements

26  equal to those required by the federal Health Care Financing

27  Administration be nationally certified; or

28         (3)  For the subspecialty of oral pathology, be a

29  physician licensed under chapter 458 or chapter 459 or a

30  dentist licensed under chapter 466.

31         Section 41.  February 6th of each year is designated

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  Florida Alzheimer's Disease Day.

 2         Section 42.  Pursuant to section 187 of chapter 99-397,

 3  Laws of Florida, the Agency for Health Care Administration was

 4  directed to conduct a detailed study and analysis of clinical

 5  laboratory services for kidney dialysis patients in the State

 6  of Florida and to report back to the Legislature no later than

 7  February 1, 2000. The agency reported that additional time and

 8  investigative resources were necessary to adequately respond

 9  to the legislative directives. Therefore, the sum of $230,000

10  from the Agency for Health Care Administration Tobacco

11  Settlement Trust Fund is appropriated to the Agency for Health

12  Care Administration to contract with the University of South

13  Florida to conduct a review of laboratory test utilization,

14  any self-referral to clinical laboratories, financial

15  arrangements among kidney dialysis centers, their medical

16  directors, referring physicians, and any business

17  relationships and affiliations with clinical laboratories, and

18  the quality and effectiveness of kidney dialysis treatment in

19  this state. A report on the findings from such review shall be

20  presented to the President of the Senate, the Speaker of the

21  House of Representatives, and the chairs of the appropriate

22  substantive committees of the Legislature no later than

23  February 1, 2001.

24         Section 43.  This act shall take effect July 1, 2000.

25

26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         Delete everything before the enacting clause

30

31  and insert:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1                      A bill to be entitled

 2         An act relating to regulation of the health

 3         care professions; amending s. 455.564, F.S.;

 4         revising general licensing provisions for

 5         professions under the jurisdiction of the

 6         Department of Health; providing for processing

 7         of applications from foreign or nonresident

 8         applicants not yet having a social security

 9         number; providing for temporary licensure of

10         such applicants; revising provisions relating

11         to ongoing criminal investigations or

12         prosecutions; requiring proof of restoration of

13         civil rights under certain circumstances;

14         authorizing requirement for personal appearance

15         prior to grant or denial of a license;

16         providing for tolling of application decision

17         deadlines under certain circumstances; amending

18         s. 455.565, F.S.; eliminating duplicative

19         submission of fingerprints and other

20         information required for criminal history

21         checks; providing for certain access to

22         criminal history information through the

23         department's health care practitioner

24         credentialing system; amending s. 455.5651,

25         F.S.; authorizing the department to publish

26         certain information in practitioner profiles;

27         amending s. 455.5653, F.S.; deleting obsolete

28         language relating to scheduling and development

29         of practitioner profiles for additional health

30         care practitioners; providing the department

31         access to information on health care

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         practitioners maintained by the Agency for

 2         Health Care Administration for corroboration

 3         purposes; amending s. 455.5654, F.S.; providing

 4         for adoption by rule of a form for submission

 5         of profiling information; amending s. 455.567,

 6         F.S.; expanding the prohibition against sexual

 7         misconduct to cover violations against

 8         guardians and representatives of patients or

 9         clients; providing penalties; amending s.

10         455.624, F.S.; revising and providing grounds

11         for disciplinary action relating to having a

12         license to practice a regulated health care

13         profession acted against, sexual misconduct,

14         inability to practice properly due to alcohol

15         or substance abuse or a mental or physical

16         condition, and testing positive for a drug

17         without a lawful prescription therefor;

18         providing for restriction of license as a

19         disciplinary action; providing for issuance of

20         a citation and assessment of a fine for certain

21         first-time violations; reenacting ss. 455.577,

22         455.631, 455.651(2), 455.712(1), 458.347(7)(g),

23         459.022(7)(f), 468.1755(1)(a), 468.719(1)(a)

24         and (2), 468.811, and 484.056(1)(a), F.S.,

25         relating to theft or reproduction of an

26         examination, giving false information,

27         disclosure of confidential information,

28         business establishments providing regulated

29         services without an active status license, and

30         practice violations by physician assistants,

31         nursing home administrators, athletic trainers,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         orthotists, prosthetists, pedorthists, and

 2         hearing aid specialists, to incorporate the

 3         amendment to s. 455.624, F.S., in references

 4         thereto; repealing s. 455.704, F.S., relating

 5         to the Impaired Practitioners Committee;

 6         amending s. 455.707, F.S., relating to impaired

 7         practitioners, to conform; clarifying

 8         provisions relating to complaints against

 9         impaired practitioners; amending s. 310.102,

10         F.S.; revising and removing references, to

11         conform; amending s. 455.711, F.S.; revising

12         provisions relating to active and inactive

13         status licensure; eliminating reference to

14         delinquency as a licensure status; providing

15         rulemaking authority; amending ss. 455.587 and

16         455.714, F.S.; revising references, to conform;

17         creating s. 455.719, F.S.; providing that the

18         appropriate medical regulatory board, or the

19         department when there is no board, has

20         exclusive authority to grant exemptions from

21         disqualification from employment or contracting

22         with respect to persons under the licensing

23         jurisdiction of that board or the department,

24         as applicable; amending s. 943.0585, F.S.;

25         providing expunged criminal history records to

26         the department under certain circumstances;

27         amending s. 943.059, F.S.; providing sealed

28         criminal history records to the department

29         under certain circumstances; amending s.

30         455.637, F.S.; revising provisions relating to

31         sanctions against the unlicensed practice of a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         health care profession; providing legislative

 2         intent; revising and expanding provisions

 3         relating to civil and administrative remedies;

 4         providing criminal penalties; incorporating and

 5         modifying the substance of current provisions

 6         that impose a fee to combat unlicensed activity

 7         and provide for disposition of the proceeds

 8         thereof; providing statutory construction

 9         relating to dietary supplements; providing

10         applicability; repealing s. 455.641, F.S.,

11         relating to unlicensed activity fees, to

12         conform; reenacting ss. 455.574(1)(d),

13         468.1295(1), 484.014(1), and 484.056(1), F.S.,

14         relating to violation of security provisions

15         for examinations and violations involving

16         speech-language pathology, audiology,

17         opticianry, and the dispensing of hearing aids,

18         to incorporate the amendment to s. 455.637,

19         F.S., in references thereto; amending s.

20         921.0022, F.S.; modifying the criminal offense

21         severity ranking chart to add or increase the

22         level of various offenses relating to the

23         practice of a health care profession, the

24         practice of medicine, osteopathic medicine,

25         chiropractic medicine, podiatric medicine,

26         naturopathy, optometry, nursing, pharmacy,

27         dentistry, dental hygiene, midwifery,

28         respiratory therapy, and medical physics,

29         practicing as clinical laboratory personnel,

30         and the dispensing of hearing aids; amending s.

31         457.102, F.S.; revising the definition of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         "acupuncture"; amending s. 457.105, F.S.;

 2         revising licensure qualifications to practice

 3         acupuncture; amending s. 457.107, F.S.;

 4         modifying the fee for renewal of a license to

 5         practice acupuncture; amending s. 483.824,

 6         F.S.; revising qualifications of clinical

 7         laboratory directors; designating Florida

 8         Alzheimer's Disease Day; providing an

 9         appropriation for continued review of clinical

10         laborabory services for kidney dialysis

11         patients and requiring a report thereon;

12         providing an effective date.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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