House Bill 1067

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    Florida House of Representatives - 2000                HB 1067

        By the Committee on Rules & Calendar and Representative
    Arnall





  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 61.13015, 120.80, 215.37, 240.215,

  4         310.102, 316.1932, 316.1933, 337.162, 381.0039,

  5         383.32, 383.402, 383.410, 395.0193, 395.0197,

  6         395.3025, 400.491, 400.518, 400.94, 408.061,

  7         408.704, 409.2598, 440.13, 455.01, 455.203,

  8         455.207, 455.213, 455.214, 455.217, 455.218,

  9         455.2185, 455.225, 455.227, 455.2273, 455.228,

10         455.243, 457.103, 458.307, 458.3115, 458.3124,

11         458.319, 458.331, 458.343, 458.347, 458.351,

12         459.004, 459.008, 459.015, 459.019, 459.022,

13         459.026, 460.404, 460.4061, 460.407, 461.004,

14         461.007, 461.013, 463.003, 463.016, 464.004,

15         465.004, 465.006, 465.016, 465.017, 466.004,

16         466.007, 466.018, 466.022, 466.028, 468.1135,

17         468.1145, 468.1185, 468.1295, 468.1665,

18         468.1755, 468.1756, 468.205, 468.219, 468.354,

19         468.364, 468.365, 468.402, 468.4315, 468.453,

20         468.456, 468.4571, 468.506, 468.507, 468.513,

21         468.523, 468.526, 468.532, 468.535, 468.703,

22         468.705, 468.707, 468.711, 468.719, 468.801,

23         468.811, 468.823, 468.824, 468.825, 469.009,

24         470.003, 470.036, 471.008, 471.015, 471.033,

25         471.038, 472.015, 473.3035, 473.308, 473.311,

26         473.323, 474.204, 474.214, 475.021, 475.181,

27         475.25, 475.624, 476.204, 477.029, 480.044,

28         481.2055, 481.213, 481.225, 481.2251, 481.306,

29         481.311, 481.325, 483.805, 483.807, 483.901,

30         484.014, 484.042, 484.056, 486.023, 486.115,

31         486.172, 489.129, 489.533, 490.004, 490.00515,

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  1         490.009, 490.0141, 490.015, 491.004, 491.0047,

  2         491.009, 491.0141, 491.015, 492.103, 492.113,

  3         627.668, 627.912, 636.039, 641.27, 641.316,

  4         641.55, 766.106, 766.305, 766.314, 817.505, and

  5         937.031, F.S.; renumbering and amending ss.

  6         455.501, 455.504, 455.521, 455.534, 455.541,

  7         455.544, 455.557, 455.561, 455.564, 455.565,

  8         455.5651, 455.5653, 455.5654, 455.574, 455.577,

  9         455.581, 455.584, 455.587, 455.594, 455.597,

10         455.604, 455.614, 455.617, 455.621, 455.624,

11         455.627, 455.631, 455.637, 455.641, 455.644,

12         455.651, 455.654, 455.667, 455.671, 455.681,

13         455.687, 455.694, 455.698, 455.707, 455.711,

14         455.712, and 455.717, F.S.; renumbering ss.

15         455.507, 455.511, 455.514, 455.517, 455.524,

16         455.527, 455.531, 455.537, 455.547, 455.551,

17         455.554, 455.5652, 455.5655, 455.5656, 455.567,

18         455.571, 455.601, 455.607, 455.611, 455.634,

19         455.647, 455.657, 455.664, 455.674, 455.677,

20         455.684, 455.691, 455.697, 455.699, 455.701,

21         455.704, 455.714, 456.30, 456.31, 456.32,

22         456.33, and 456.34, F.S., pursuant to s.

23         11.242, F.S.; transferring sections that

24         comprise part II of chapter 455, pertaining to

25         regulation of health-related professions, to

26         chapter 456; transferring sections that

27         comprise present chapter 456, pertaining to

28         hypnosis, to new chapter 485; and amending

29         various provisions to correct cross-references

30         to conform the Florida Statutes to such

31         transfers.

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

  2

  3         Section 1.  Subsection (1) of section 61.13015, Florida

  4  Statutes, is amended to read:

  5         61.13015  Petition for suspension or denial of

  6  professional licenses and certificates.--

  7         (1)  An obligee may petition the court which entered

  8  the support order or the court which is enforcing the support

  9  order for an order to suspend or deny the license or

10  certificate issued pursuant to chapters 231, 409, 455, 456,

11  and 559 of any obligor with a delinquent child support

12  obligation. However, no petition may be filed until the

13  obligee has exhausted all other available remedies. The

14  purpose of this section is to promote the public policy of s.

15  409.2551.

16         Section 2.  Paragraph (b) of subsection (4) and

17  subsection (15) of section 120.80, Florida Statutes, are

18  amended to read:

19         120.80  Exceptions and special requirements;

20  agencies.--

21         (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL

22  REGULATION.--

23         (b)  Professional regulation.--Notwithstanding s.

24  120.57(1)(a), formal hearings may not be conducted by the

25  Secretary of Business and Professional Regulation or a board

26  or member of a board within the Department of Business and

27  Professional Regulation for matters relating to the regulation

28  of professions, as defined by part I of chapter 455.

29         (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

30  120.57(1)(a), formal hearings may not be conducted by the

31  Secretary of Health, the director of the Agency for Health

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  1  Care Administration, or a board or member of a board within

  2  the Department of Health or the Agency for Health Care

  3  Administration for matters relating to the regulation of

  4  professions, as defined by part II of chapter 456 455.

  5  Notwithstanding s. 120.57(1)(a), hearings conducted within the

  6  Department of Health in execution of the Special Supplemental

  7  Nutrition Program for Women, Infants, and Children; Child Care

  8  Food Program; Children's Medical Services Program; and the

  9  exemption from disqualification reviews for certified nurse

10  assistants program need not be conducted by an administrative

11  law judge assigned by the division. The Department of Health

12  may contract with the Department of Children and Family

13  Services for a hearing officer in these matters.

14         Section 3.  Subsections (1), (2), and (4) of section

15  215.37, Florida Statutes, are amended to read:

16         215.37  Department of Business and Professional

17  Regulation and the boards to be financed from fees collected;

18  moneys deposited in trust fund; service charge imposed and

19  deposited into the General Revenue Fund; appropriation.--

20         (1)  All fees, licenses, and other charges assessed to

21  practitioners of professions, as defined in part I of chapter

22  455, by the Department of Business and Professional Regulation

23  or a board within the department shall be collected by the

24  department and shall be deposited in the State Treasury into

25  the Professional Regulation Trust Fund to the credit of the

26  department.

27         (2)  The regulation by the department of professions,

28  as defined in part I of chapter 455, shall be financed solely

29  from revenue collected by it from fees and other charges and

30  deposited in the Professional Regulation Trust Fund, and all

31  such revenue is hereby appropriated to the department.

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  1  However, it is legislative intent that each profession shall

  2  operate within its anticipated fees.

  3         (4)  The department shall submit a balanced legislative

  4  budget for its regulation of professions, as defined in part I

  5  of chapter 455, by division and operating budgets as required

  6  of all governmental subdivisions in chapters 215 and 216, to

  7  be based upon anticipated revenues. Prior to development of

  8  the department's budget request to the Legislature, the

  9  department shall request that each board submit its proposed

10  budget for the operation of the board, the board's office, and

11  other activities or expanded programs of the board for

12  possible inclusion in the department's budget request. Prior

13  to submission of the department's budget request to the

14  Legislature, each board, at a regularly scheduled board

15  meeting, shall review the proposed request related to its

16  regulation of a profession, as defined in part I of chapter

17  455, and either approve the proposed request or submit to the

18  secretary written exceptions to the department's proposed

19  budget. Any board making such exceptions must specify its

20  objections, the reasons for such exceptions, and proposed

21  alternatives to the department's request. The secretary shall

22  consider all exceptions. When a majority of boards agree on an

23  exception, the secretary shall make adjustments to the

24  department's budget request related to its regulation of

25  professions, as defined in part I of chapter 455, to reflect

26  the majority position. If appropriate, the secretary shall

27  file an exception on behalf of the department. The secretary

28  shall submit to the Legislature the department's amended

29  budget request along with any unresolved exceptions.

30         Section 4.  Subsection (3) of section 240.215, Florida

31  Statutes, is amended to read:

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  1         240.215  Payment of costs of civil action against

  2  employees or members of the Board of Regents.--

  3         (3)  All faculty physicians employed by the Board of

  4  Regents who are subject to the requirements of s. 456.013

  5  455.564 shall complete their risk management continuing

  6  education on issues specific to academic medicine. Such

  7  continuing education shall include instruction for the

  8  supervision of resident physicians as required by the

  9  Accreditation Council for Graduate Medical Education.  The

10  boards described in s. 456.013 455.564 shall adopt rules to

11  implement the provisions of this subsection.

12         Section 5.  Subsection (1) of section 310.102, Florida

13  Statutes, is amended to read:

14         310.102  Treatment programs for impaired pilots and

15  deputy pilots.--

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

17  treatment programs for pilots and deputy pilots under this

18  section. The department may adopt rules setting forth

19  appropriate criteria for approval of treatment providers based

20  on the policies and guidelines established by the Impaired

21  Practitioners Committee under s. 456.075 455.704.

22         Section 6.  Paragraph (f) of subsection (1) of section

23  316.1932, Florida Statutes, is amended to read:

24         316.1932  Breath, blood, and urine tests for alcohol,

25  chemical substances, or controlled substances; implied

26  consent; right to refuse.--

27         (1)

28         (f)1.  The tests determining the weight of alcohol in

29  the defendant's blood or breath shall be administered at the

30  request of a law enforcement officer substantially in

31  accordance with rules of the Department of Law Enforcement.

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  1  Such rules must specify precisely the test or tests that are

  2  approved by the Department of Law Enforcement for reliability

  3  of result and ease of administration, and must provide an

  4  approved method of administration which must be followed in

  5  all such tests given under this section.  However, the failure

  6  of a law enforcement officer to request the withdrawal of

  7  blood does not affect the admissibility of a test of blood

  8  withdrawn for medical purposes.

  9         2.a.  Only a physician, certified paramedic, registered

10  nurse, licensed practical nurse, other personnel authorized by

11  a hospital to draw blood, or duly licensed clinical laboratory

12  director, supervisor, technologist, or technician, acting at

13  the request of a law enforcement officer, may withdraw blood

14  for the purpose of determining its alcoholic content or the

15  presence of chemical substances or controlled substances

16  therein. However, the failure of a law enforcement officer to

17  request the withdrawal of blood does not affect the

18  admissibility of a test of blood withdrawn for medical

19  purposes.

20         b.  Notwithstanding any provision of law pertaining to

21  the confidentiality of hospital records or other medical

22  records, if a health care provider, who is providing medical

23  care in a health care facility to a person injured in a motor

24  vehicle crash, becomes aware, as a result of any blood test

25  performed in the course of that medical treatment, that the

26  person's blood-alcohol level meets or exceeds the

27  blood-alcohol level specified in s. 316.193(1)(b), the health

28  care provider may notify any law enforcement officer or law

29  enforcement agency. Any such notice must be given within a

30  reasonable time after the health care provider receives the

31  test result. Any such notice shall be used only for the

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  1  purpose of providing the law enforcement officer with

  2  reasonable cause to request the withdrawal of a blood sample

  3  pursuant to this section.

  4         c.  The notice shall consist only of the name of the

  5  person being treated, the name of the person who drew the

  6  blood, the blood-alcohol level indicated by the test, and the

  7  date and time of the administration of the test.

  8         d.  Nothing contained in s. 395.3025(4), s. 456.057

  9  455.667, or any applicable practice act affects the authority

10  to provide notice under this section, and the health care

11  provider is not considered to have breached any duty owed to

12  the person under s. 395.3025(4), s. 456.057 455.667, or any

13  applicable practice act by providing notice or failing to

14  provide notice. It shall not be a breach of any ethical,

15  moral, or legal duty for a health care provider to provide

16  notice or fail to provide notice.

17         e.  A civil, criminal, or administrative action may not

18  be brought against any person or health care provider

19  participating in good faith in the provision of notice or

20  failure to provide notice as provided in this section. Any

21  person or health care provider participating in the provision

22  of notice or failure to provide notice as provided in this

23  section shall be immune from any civil or criminal liability

24  and from any professional disciplinary action with respect to

25  the provision of notice or failure to provide notice under

26  this section. Any such participant has the same immunity with

27  respect to participating in any judicial proceedings resulting

28  from the notice or failure to provide notice.

29         3.  The person tested may, at his or her own expense,

30  have a physician, registered nurse, other personnel authorized

31  by a hospital to draw blood, or duly licensed clinical

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  1  laboratory director, supervisor, technologist, or technician,

  2  or other person of his or her own choosing administer an

  3  independent test in addition to the test administered at the

  4  direction of the law enforcement officer for the purpose of

  5  determining the amount of alcohol in the person's blood or

  6  breath or the presence of chemical substances or controlled

  7  substances at the time alleged, as shown by chemical analysis

  8  of his or her blood or urine, or by chemical or physical test

  9  of his or her breath. The failure or inability to obtain an

10  independent test by a person does not preclude the

11  admissibility in evidence of the test taken at the direction

12  of the law enforcement officer.  The law enforcement officer

13  shall not interfere with the person's opportunity to obtain

14  the independent test and shall provide the person with timely

15  telephone access to secure the test, but the burden is on the

16  person to arrange and secure the test at the person's own

17  expense.

18         4.  Upon the request of the person tested, full

19  information concerning the test taken at the direction of the

20  law enforcement officer shall be made available to the person

21  or his or her attorney.

22         5.  A hospital, clinical laboratory, medical clinic, or

23  similar medical institution or physician, certified paramedic,

24  registered nurse, licensed practical nurse, other personnel

25  authorized by a hospital to draw blood, or duly licensed

26  clinical laboratory director, supervisor, technologist, or

27  technician, or other person assisting a law enforcement

28  officer does not incur any civil or criminal liability as a

29  result of the withdrawal or analysis of a blood or urine

30  specimen, or the chemical or physical test of a person's

31  breath pursuant to accepted medical standards when requested

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  1  by a law enforcement officer, regardless of whether or not the

  2  subject resisted administration of the test.

  3         Section 7.  Paragraph (a) of subsection (2) of section

  4  316.1933, Florida Statutes, is amended to read:

  5         316.1933  Blood test for impairment or intoxication in

  6  cases of death or serious bodily injury; right to use

  7  reasonable force.--

  8         (2)(a)  Only a physician, certified paramedic,

  9  registered nurse, licensed practical nurse, other personnel

10  authorized by a hospital to draw blood, or duly licensed

11  clinical laboratory director, supervisor, technologist, or

12  technician, acting at the request of a law enforcement

13  officer, may withdraw blood for the purpose of determining the

14  alcoholic content thereof or the presence of chemical

15  substances or controlled substances therein. However, the

16  failure of a law enforcement officer to request the withdrawal

17  of blood shall not affect the admissibility of a test of blood

18  withdrawn for medical purposes.

19         1.  Notwithstanding any provision of law pertaining to

20  the confidentiality of hospital records or other medical

21  records, if a health care provider, who is providing medical

22  care in a health care facility to a person injured in a motor

23  vehicle crash, becomes aware, as a result of any blood test

24  performed in the course of that medical treatment, that the

25  person's blood-alcohol level meets or exceeds the

26  blood-alcohol level specified in s. 316.193(1)(b), the health

27  care provider may notify any law enforcement officer or law

28  enforcement agency. Any such notice must be given within a

29  reasonable time after the health care provider receives the

30  test result. Any such notice shall be used only for the

31  purpose of providing the law enforcement officer with

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  1  reasonable cause to request the withdrawal of a blood sample

  2  pursuant to this section.

  3         2.  The notice shall consist only of the name of the

  4  person being treated, the name of the person who drew the

  5  blood, the blood-alcohol level indicated by the test, and the

  6  date and time of the administration of the test.

  7         3.  Nothing contained in s. 395.3025(4), s. 456.057

  8  455.667, or any applicable practice act affects the authority

  9  to provide notice under this section, and the health care

10  provider is not considered to have breached any duty owed to

11  the person under s. 395.3025(4), s. 456.057 455.667, or any

12  applicable practice act by providing notice or failing to

13  provide notice. It shall not be a breach of any ethical,

14  moral, or legal duty for a health care provider to provide

15  notice or fail to provide notice.

16         4.  A civil, criminal, or administrative action may not

17  be brought against any person or health care provider

18  participating in good faith in the provision of notice or

19  failure to provide notice as provided in this section. Any

20  person or health care provider participating in the provision

21  of notice or failure to provide notice as provided in this

22  section shall be immune from any civil or criminal liability

23  and from any professional disciplinary action with respect to

24  the provision of notice or failure to provide notice under

25  this section. Any such participant has the same immunity with

26  respect to participating in any judicial proceedings resulting

27  from the notice or failure to provide notice.

28         Section 8.  Subsections (2) and (3) of section 337.162,

29  Florida Statutes, are amended to read:

30         337.162  Professional services.--Professional services

31  provided to the department that fall below acceptable

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  1  professional standards may result in transportation project

  2  delays, overruns, and reduced facility life. To minimize these

  3  effects and ensure that quality services are received, the

  4  Legislature hereby declares that licensed professionals shall

  5  be held accountable for the quality of the services they

  6  provide to the department.

  7         (2)  Any person who is employed by the department and

  8  who is licensed by the Department of Business and Professional

  9  Regulation and who, through the course of his or her

10  employment, has knowledge or reason to believe that any person

11  has violated the provisions of state professional licensing

12  laws or rules shall submit a complaint about the violations to

13  the Department of Business and Professional Regulation.

14  Failure to submit a complaint about the violations may be

15  grounds for disciplinary action pursuant to part I of chapter

16  455 and the state licensing law applicable to that licensee.

17  However, licensees under part II of chapter 475 are exempt

18  from the provisions of s. 455.227(1)(i). The complaint

19  submitted to the Department of Business and Professional

20  Regulation and maintained by the department is confidential

21  and exempt from s. 119.07(1).

22         (3)  Any complaints submitted to the Department of

23  Business and Professional Regulation pursuant to subsections

24  (1) and (2) are confidential and exempt from s. 119.07(1)

25  pursuant to part I of chapter 455 and applicable state law.

26         Section 9.  Section 381.0039, Florida Statutes, is

27  amended to read:

28         381.0039  Oversight of acquired immune deficiency

29  syndrome education programs.--The Department of Education, the

30  Department of Health, and the Department of Business and

31  Professional Regulation are directed to establish an

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  1  interagency agreement to oversee the quality and cost

  2  efficiency of acquired immune deficiency syndrome education

  3  programs being administered in the state pursuant to chapters

  4  381, 456, 943, and 945 and part II of chapter 455. The

  5  interagency agreement shall also include development, where

  6  appropriate, of methods for coordinating educational programs

  7  for various professional groups.

  8         Section 10.  Subsection (3) of section 383.32, Florida

  9  Statutes, is amended to read:

10         383.32  Clinical records.--

11         (3)  Clinical records shall be kept confidential in

12  accordance with s. 456.057 455.667 and exempt from the

13  provisions of s. 119.07(1). A client's clinical records shall

14  be open to inspection only under the following conditions:

15         (a)  A consent to release information has been signed

16  by the client; or

17         (b)  The review is made by the agency for a licensure

18  survey or complaint investigation.

19         Section 11.  Paragraph (a) of subsection (8) of section

20  383.402, Florida Statutes, is amended to read:

21         383.402  Child abuse death review; State Child Abuse

22  Death Review Committee; local child abuse death review

23  committees.--

24         (8)  Notwithstanding any other law, the chairperson of

25  the State Child Abuse Death Review Committee, or the

26  chairperson of a local committee, shall be provided with

27  access to any information or records that pertain to a child

28  whose death is being reviewed by the committee and that are

29  necessary for the committee to carry out its duties, including

30  information or records that pertain to the child's family, as

31  follows:

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  1         (a)  Patient records in the possession of a public or

  2  private provider of medical, dental, or mental health care,

  3  including, but not limited to, a facility licensed under

  4  chapter 393, chapter 394, or chapter 395, or a health care

  5  practitioner as defined in s. 456.001 455.501. Providers may

  6  charge a fee for copies not to exceed 50 cents per page for

  7  paper records and $1 per fiche for microfiche records.

  8         Section 12.  Subsection (2) of section 383.410, Florida

  9  Statutes, is amended to read:

10         383.410  Confidentiality.--

11         (2)  All information that is confidential or exempt

12  from public records requirements by operation of law and that

13  is obtained by a hospital or a health care practitioner as

14  defined by s. 456.001 455.501 from the State Child Abuse Death

15  Review Committee or a local committee, or a panel or committee

16  assembled by the state committee or a local committee pursuant

17  to s. 383.402, shall retain that status and is exempt from s.

18  119.07(1) and s. 24(a), Art. I of the State Constitution.

19         Section 13.  Subsections (1) and (4) of section

20  395.0193, Florida Statutes, are amended to read:

21         395.0193  Licensed facilities; peer review;

22  disciplinary powers; agency or partnership with physicians.--

23         (1)  It is the intent of the Legislature that good

24  faith participants in the process of investigating and

25  disciplining physicians pursuant to the state-mandated peer

26  review process shall, in addition to receiving immunity from

27  retaliatory tort suits pursuant to s. 456.073(12) 455.621(12),

28  be protected from federal antitrust suits filed under the

29  Sherman Anti-Trust Act, 15 U.S.C.A. ss. 1 et seq.  Such intent

30  is within the public policy of the state to secure the

31  provision of quality medical services to the public.

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  1         (4)  Pursuant to ss. 458.337 and 459.016, any

  2  disciplinary actions taken under subsection (3) shall be

  3  reported in writing to the Division of Health Quality

  4  Assurance of the agency within 30 working days after its

  5  initial occurrence, regardless of the pendency of appeals to

  6  the governing board of the hospital. The notification shall

  7  identify the disciplined practitioner, the action taken, and

  8  the reason for such action. All final disciplinary actions

  9  taken under subsection (3), if different from those which were

10  reported to the agency within 30 days after the initial

11  occurrence, shall be reported within 10 working days to the

12  Division of Health Quality Assurance of the agency in writing

13  and shall specify the disciplinary action taken and the

14  specific grounds therefor.  The division shall review each

15  report and determine whether it potentially involved conduct

16  by the licensee that is subject to disciplinary action, in

17  which case s. 456.073 455.621 shall apply. The reports are not

18  subject to inspection under s. 119.07(1) even if the

19  division's investigation results in a finding of probable

20  cause.

21         Section 14.  Paragraph (b) of subsection (6) and

22  subsections (8) and (13) of section 395.0197, Florida

23  Statutes, are amended to read:

24         395.0197  Internal risk management program.--

25         (6)

26         (b)  The information reported to the agency pursuant to

27  paragraph (a) which relates to persons licensed under chapter

28  458, chapter 459, chapter 461, or chapter 466 shall be

29  reviewed by the agency.  The agency shall determine whether

30  any of the incidents potentially involved conduct by a health

31

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  1  care professional who is subject to disciplinary action, in

  2  which case the provisions of s. 456.073 455.621 shall apply.

  3         (8)  Any of the following adverse incidents, whether

  4  occurring in the licensed facility or arising from health care

  5  prior to admission in the licensed facility, shall be reported

  6  by the facility to the agency within 15 calendar days after

  7  its occurrence:

  8         (a)  The death of a patient;

  9         (b)  Brain or spinal damage to a patient;

10         (c)  The performance of a surgical procedure on the

11  wrong patient;

12         (d)  The performance of a wrong-site surgical

13  procedure;

14         (e)  The performance of a wrong surgical procedure;

15         (f)  The performance of a surgical procedure that is

16  medically unnecessary or otherwise unrelated to the patient's

17  diagnosis or medical condition;

18         (g)  The surgical repair of damage resulting to a

19  patient from a planned surgical procedure, where the damage is

20  not a recognized specific risk, as disclosed to the patient

21  and documented through the informed-consent process; or

22         (h)  The performance of procedures to remove unplanned

23  foreign objects remaining from a surgical procedure.

24

25  The agency may grant extensions to this reporting requirement

26  for more than 15 days upon justification submitted in writing

27  by the facility administrator to the agency. The agency may

28  require an additional, final report.  These reports shall not

29  be available to the public pursuant to s. 119.07(1) or any

30  other law providing access to public records, nor be

31  discoverable or admissible in any civil or administrative

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  1  action, except in disciplinary proceedings by the agency or

  2  the appropriate regulatory board, nor shall they be available

  3  to the public as part of the record of investigation for and

  4  prosecution in disciplinary proceedings made available to the

  5  public by the agency or the appropriate regulatory board.

  6  However, the agency or the appropriate regulatory board shall

  7  make available, upon written request by a health care

  8  professional against whom probable cause has been found, any

  9  such records which form the basis of the determination of

10  probable cause.  The agency may investigate, as it deems

11  appropriate, any such incident and prescribe measures that

12  must or may be taken in response to the incident. The agency

13  shall review each incident and determine whether it

14  potentially involved conduct by the health care professional

15  who is subject to disciplinary action, in which case the

16  provisions of s. 456.073 455.621 shall apply.

17         (13)  The agency shall have access to all licensed

18  facility records necessary to carry out the provisions of this

19  section.  The records obtained by the agency under subsection

20  (6), subsection (8), or subsection (9) are not available to

21  the public under s. 119.07(1), nor shall they be discoverable

22  or admissible in any civil or administrative action, except in

23  disciplinary proceedings by the agency or the appropriate

24  regulatory board, nor shall records obtained pursuant to s.

25  456.071 455.611 be available to the public as part of the

26  record of investigation for and prosecution in disciplinary

27  proceedings made available to the public by the agency or the

28  appropriate regulatory board. However, the agency or the

29  appropriate regulatory board shall make available, upon

30  written request by a health care professional against whom

31  probable cause has been found, any such records which form the

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  1  basis of the determination of probable cause, except that,

  2  with respect to medical review committee records, s. 766.101

  3  controls.

  4         Section 15.  Paragraph (e) of subsection (4) of section

  5  395.3025, Florida Statutes, is amended to read:

  6         395.3025  Patient and personnel records; copies;

  7  examination.--

  8         (4)  Patient records are confidential and must not be

  9  disclosed without the consent of the person to whom they

10  pertain, but appropriate disclosure may be made without such

11  consent to:

12         (e)  The agency upon subpoena issued pursuant to s.

13  456.071 455.611, but the records obtained thereby must be used

14  solely for the purpose of the agency and the appropriate

15  professional board in its investigation, prosecution, and

16  appeal of disciplinary proceedings. If the agency requests

17  copies of the records, the facility shall charge no more than

18  its actual copying costs, including reasonable staff time. The

19  records must be sealed and must not be available to the public

20  pursuant to s. 119.07(1) or any other statute providing access

21  to records, nor may they be available to the public as part of

22  the record of investigation for and prosecution in

23  disciplinary proceedings made available to the public by the

24  agency or the appropriate regulatory board. However, the

25  agency must make available, upon written request by a

26  practitioner against whom probable cause has been found, any

27  such records that form the basis of the determination of

28  probable cause.

29         Section 16.  Subsection (1) of section 400.491, Florida

30  Statutes, is amended to read:

31         400.491  Clinical records.--

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  1         (1)  The home health agency must maintain for each

  2  patient who receives skilled care a clinical record that

  3  includes pertinent past and current medical, nursing, social

  4  and other therapeutic information, the treatment orders, and

  5  other such information as is necessary for the safe and

  6  adequate care of the patient.  When home health services are

  7  terminated, the record must show the date and reason for

  8  termination.  Such records are considered patient records

  9  under s. 456.057 455.241, and must be maintained by the home

10  health agency for 5 years following termination of services.

11  If a patient transfers to another home health agency, a copy

12  of his or her record must be provided to the other home health

13  agency upon request.

14         Section 17.  Subsection (1) of section 400.518, Florida

15  Statutes, is amended to read:

16         400.518  Prohibited referrals to home health

17  agencies.--

18         (1)  A physician licensed under chapter 458 or chapter

19  459 must comply with s. 456.053 455.654.

20         Section 18.  Subsection (2) of section 400.94, Florida

21  Statutes, is amended to read:

22         400.94  Patient records.--

23         (2)  Such records are considered patient records under

24  s. 456.057 455.667 and must be maintained by the home medical

25  equipment provider for 5 years following termination of

26  services. If a patient transfers to another home medical

27  equipment provider, a copy of his or her record must be

28  provided to the other home medical equipment provider, upon

29  request.

30         Section 19.  Subsection (9) of section 408.061, Florida

31  Statutes, is amended to read:

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  1         408.061  Data collection; uniform systems of financial

  2  reporting; information relating to physician charges;

  3  confidentiality of patient records; immunity.--

  4         (9)  The identity of any health care provider, health

  5  care facility, or health insurer who submits any data which is

  6  proprietary business information to the agency pursuant to the

  7  provisions of this section shall remain confidential and

  8  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  9  I of the State Constitution.  As used in this section,

10  "proprietary business information" shall include, but not be

11  limited to, information relating to specific provider contract

12  reimbursement information; information relating to security

13  measures, systems, or procedures; and information concerning

14  bids or other contractual data, the disclosure of which would

15  impair efforts to contract for goods or services on favorable

16  terms or would injure the affected entity's ability to compete

17  in the marketplace. Notwithstanding the provisions of this

18  subsection, any information obtained or generated pursuant to

19  the provisions of s. 407.61, either by the Health Care Cost

20  Containment Board or by the Agency for Health Care

21  Administration upon transfer to that agency of the duties and

22  functions of the Health Care Cost Containment Board, is not

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

24  and s. 24(a), Art. I of the State Constitution.  Such

25  proprietary business information may be used in published

26  analyses and reports or otherwise made available for public

27  disclosure in such manner as to preserve the confidentiality

28  of the identity of the provider. This exemption shall not

29  limit the use of any information used in conjunction with

30  investigation or enforcement purposes under the provisions of

31  s. 456.073 455.621.

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  1         Section 20.  Paragraph (b) of subsection (5) of section

  2  408.704, Florida Statutes, is amended to read:

  3         408.704  Agency duties and responsibilities related to

  4  community health purchasing alliances.--The agency shall

  5  assist in developing a statewide system of community health

  6  purchasing alliances.  To this end, the agency is responsible

  7  for:

  8         (5)  Establishing a data system for accountable health

  9  partnerships.

10         (b)  The advisory data committee shall issue a report

11  and recommendations on each of the following subjects as each

12  is completed.  A final report covering all subjects must be

13  included in the final Florida Health Plan to be submitted to

14  the Legislature on December 31, 1993.  The report shall

15  include recommendations regarding:

16         1.  Types of data to be collected.  Careful

17  consideration shall be given to other data collection projects

18  and standards for electronic data interchanges already in

19  process in this state and nationally, to evaluating and

20  recommending the feasibility and cost-effectiveness of various

21  data collection activities, and to ensuring that data

22  reporting is necessary to support the evaluation of providers

23  with respect to cost containment, access, quality, control of

24  expensive technologies, and customer satisfaction analysis.

25  Data elements to be collected from providers include prices,

26  utilization, patient outcomes, quality, and patient

27  satisfaction.  The completion of this task is the first

28  priority of the advisory data committee. The agency shall

29  begin implementing these data collection activities

30  immediately upon receipt of the recommendations, but no later

31  than January 1, 1994.  The data shall be submitted by

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  1  hospitals, other licensed health care facilities, pharmacists,

  2  and group practices as defined in s. 456.053(3)(h)

  3  455.654(3)(f).

  4         2.  A standard data set, a standard cost-effective

  5  format for collecting the data, and a standard methodology for

  6  reporting the data to the agency, or its designee, and to the

  7  alliances.  The reporting mechanisms must be designed to

  8  minimize the administrative burden and cost to health care

  9  providers and carriers.  A methodology shall be developed for

10  aggregating data in a standardized format for making

11  comparisons between accountable health partnerships which

12  takes advantage of national models and activities.

13         3.  Methods by which the agency should collect,

14  process, analyze, and distribute the data.

15         4.  Standards for data interpretation.  The advisory

16  data committee shall actively solicit broad input from the

17  provider community, carriers, the business community, and the

18  general public.

19         5.  Structuring the data collection process to:

20         a.  Incorporate safeguards to ensure that the health

21  care services utilization data collected is reviewed by

22  experienced, practicing physicians licensed to practice

23  medicine in this state;

24         b.  Require that carrier customer satisfaction data

25  conclusions are validated by the agency;

26         c.  Protect the confidentiality of medical information

27  to protect the patient's identity and to protect the privacy

28  of individual physicians and patients.  Proprietary data

29  submitted by insurers, providers, and purchasers are

30  confidential pursuant to s. 408.061; and

31

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  1         d.  Afford all interested professional medical and

  2  hospital associations and carriers a minimum of 60 days to

  3  review and comment before data is released to the public.

  4         6.  Developing a data collection implementation

  5  schedule, based on the data collection capabilities of

  6  carriers and providers.

  7         Section 21.  Subsections (1) and (2) of section

  8  409.2598, Florida Statutes, are amended to read:

  9         409.2598  Suspension or denial of new or renewal

10  licenses; registrations; certifications.--

11         (1)  The Title IV-D agency may petition the court that

12  entered the support order or the court that is enforcing the

13  support order to deny or suspend the license, registration, or

14  certificate issued under chapter 231, chapter 370, chapter

15  372, chapter 409, part II of chapter 456 455, or chapter 559

16  or s. 328.42 of any obligor with a delinquent child support

17  obligation or who fails, after receiving appropriate notice,

18  to comply with subpoenas, orders to appear, orders to show

19  cause, or similar orders relating to paternity or child

20  support proceedings. However, a petition may not be filed

21  until the Title IV-D agency has exhausted all other available

22  remedies. The purpose of this section is to promote the public

23  policy of the state as established in s. 409.2551.

24         (2)  The Title IV-D agency is authorized to screen all

25  applicants for new or renewal licenses, registrations, or

26  certificates and current licenses, registrations, or

27  certificates and current licensees, registration holders, and

28  certificateholders of all licenses, registrations, and

29  certificates issued under chapter 231, chapter 370, chapter

30  372, chapter 409, part II of chapter 456 455, or chapter 559

31  or s. 328.42 to ensure compliance with any child support

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  1  obligation and any subpoenas, orders to appear, orders to show

  2  cause, or similar orders relating to paternity or child

  3  support proceedings. If the Title IV-D agency determines that

  4  an applicant, licensee, registration holder, or

  5  certificateholder is an obligor who is delinquent on a support

  6  obligation or who is not in compliance with a subpoena, order

  7  to appear, order to show cause, or similar order relating to

  8  paternity or child support proceedings, the Title IV-D agency

  9  shall certify the delinquency pursuant to s. 61.14.

10         Section 22.  Paragraph (h) of subsection (3) and

11  paragraph (c) of subsection (4) of section 440.13, Florida

12  Statutes, are amended to read:

13         440.13  Medical services and supplies; penalty for

14  violations; limitations.--

15         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--

16         (h)  The provisions of s. 456.053 455.654 are

17  applicable to referrals among health care providers, as

18  defined in subsection (1), treating injured workers.

19         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH

20  DIVISION.--

21         (c)  It is the policy for the administration of the

22  workers' compensation system that there be reasonable access

23  to medical information by all parties to facilitate the

24  self-executing features of the law. Notwithstanding the

25  limitations in s. 456.057 455.667 and subject to the

26  limitations in s. 381.004, upon the request of the employer,

27  the carrier, or the attorney for either of them, the medical

28  records of an injured employee must be furnished to those

29  persons and the medical condition of the injured employee must

30  be discussed with those persons, if the records and the

31  discussions are restricted to conditions relating to the

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  1  workplace injury. Any such discussions may be held before or

  2  after the filing of a claim without the knowledge, consent, or

  3  presence of any other party or his or her agent or

  4  representative. A health care provider who willfully refuses

  5  to provide medical records or to discuss the medical condition

  6  of the injured employee, after a reasonable request is made

  7  for such information pursuant to this subsection, shall be

  8  subject by the division to one or more of the penalties set

  9  forth in paragraph (8)(b).

10         Section 23.  Section 455.01, Florida Statutes, is

11  amended to read:

12         455.01  Definitions.--As used in this chapter part, the

13  term:

14         (1)  "Board" means any board or commission, or other

15  statutorily created entity to the extent such entity is

16  authorized to exercise regulatory or rulemaking functions,

17  within the department, including the Florida Real Estate

18  Commission; except that, for ss. 455.201-455.261, "board"

19  means only a board, or other statutorily created entity to the

20  extent such entity is authorized to exercise regulatory or

21  rulemaking functions, within the Division of Certified Public

22  Accounting, the Division of Professions, or the Division of

23  Real Estate.

24         (2)  "Consumer member" means a person appointed to

25  serve on a specific board or who has served on a specific

26  board, who is not, and never has been, a member or

27  practitioner of the profession, or of any closely related

28  profession, regulated by such board.

29         (3)  "Department" means the Department of Business and

30  Professional Regulation.

31

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  1         (4)  "License" means any permit, registration,

  2  certificate, or license issued by the department.

  3         (5)  "Licensee" means any person issued a permit,

  4  registration, certificate, or license by the department.

  5         (6)  "Profession" means any activity, occupation,

  6  profession, or vocation regulated by the department in the

  7  Divisions of Certified Public Accounting, Professions, Real

  8  Estate, and Regulation.

  9         Section 24.  Subsection (5) of section 455.203, Florida

10  Statutes, is amended to read:

11         455.203  Department; powers and duties.--The

12  department, for the boards under its jurisdiction, shall:

13         (5)  Adopt rules pursuant to ss. 120.536(1) and 120.54

14  to implement the provisions of this chapter part.

15         Section 25.  Subsection (3) of section 455.207, Florida

16  Statutes, is amended to read:

17         455.207  Boards; organization; meetings; compensation

18  and travel expenses.--

19         (3)  The board shall meet at least once annually and

20  may meet as often as is necessary. The chairperson or a quorum

21  of the board shall have the authority to call other meetings.

22  A quorum shall be necessary for the conduct of official

23  business by the board or any committee thereof. Unless

24  otherwise provided by law, 51 percent or more of the appointed

25  members of the board or any committee, when applicable, shall

26  constitute a quorum. The membership of committees of the

27  board, except as otherwise authorized pursuant to this chapter

28  part or the applicable practice act, shall be composed of

29  currently appointed members of the board. The vote of a

30  majority of the members of the quorum shall be necessary for

31  any official action by the board or committee. Three

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  1  consecutive unexcused absences or absences constituting 50

  2  percent or more of the board's meetings within any 12-month

  3  period shall cause the board membership of the member in

  4  question to become void, and the position shall be considered

  5  vacant. The board, or the department when there is no board,

  6  shall, by rule, define unexcused absences.

  7         Section 26.  Subsections (3) and (7) of section

  8  455.213, Florida Statutes, are amended to read:

  9         455.213  General licensing provisions.--

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

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

12  who is under investigation or prosecution in any jurisdiction

13  for an action that would constitute a violation of this

14  chapter part or the professional practice acts administered by

15  the department and the boards, until such time as the

16  investigation or prosecution is complete.

17         (7)  Notwithstanding anything to the contrary, any

18  elected official who is licensed pursuant to any practice act

19  within the purview of this chapter part may hold employment

20  for compensation with any public agency concurrent with such

21  public service.  Such dual service shall be disclosed

22  according to any disclosure required by applicable law.

23         Section 27.  Subsections (3) and (6) of section

24  455.214, Florida Statutes, are amended to read:

25         455.214  Limited licenses.--

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

27  board, may deny limited licensure to an applicant who has

28  committed, or is under investigation or prosecution for, any

29  act which would constitute the basis for discipline pursuant

30  to the provisions of this chapter part or the applicable

31  practice act.

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  1         (6)  Each applicant granted a limited license is

  2  subject to all the provisions of this chapter part and the

  3  respective practice act under which the limited license is

  4  issued which are not in conflict with this section.

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

  6  455.217, Florida Statutes, is amended to read:

  7         455.217  Examinations.--This section shall be read in

  8  conjunction with the appropriate practice act associated with

  9  each regulated profession under this chapter.

10         (1)  The Division of Technology, Licensure, and Testing

11  of the Department of Business and Professional Regulation

12  shall provide, contract, or approve services for the

13  development, preparation, administration, scoring, score

14  reporting, and evaluation of all examinations. The division

15  shall seek the advice of the appropriate board in providing

16  such services.

17         (f)  If the professional board with jurisdiction over

18  an examination concurs, the department may, for a fee, share

19  with any other state's licensing authority an examination

20  developed by or for the department unless prohibited by a

21  contract entered into by the department for development or

22  purchase of the examination. The department, with the

23  concurrence of the appropriate board, shall establish

24  guidelines that ensure security of a shared exam and shall

25  require that any other state's licensing authority comply with

26  those guidelines. Those guidelines shall be approved by the

27  appropriate professional board. All fees paid by the user

28  shall be applied to the department's examination and

29  development program for professions regulated by this chapter

30  part. All fees paid by the user for professions not regulated

31  by this chapter part shall be applied to offset the fees for

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  1  the development and administration of that profession's

  2  examination.  If both a written and a practical examination

  3  are given, an applicant shall be required to retake only the

  4  portion of the examination for which he or she failed to

  5  achieve a passing grade, if he or she successfully passes that

  6  portion within a reasonable time of his or her passing the

  7  other portion.

  8         Section 29.  Subsections (4) and (6) of section

  9  455.218, Florida Statutes, are amended to read:

10         455.218  Foreign-trained professionals; special

11  examination and license provisions.--

12         (4)  The department shall examine any applicant who

13  meets the requirements of subsections (1) and (2). Upon

14  passing the examination and the issuance of the license, a

15  licensee is subject to the administrative requirements of this

16  chapter part and the respective practice act under which the

17  license is issued. Each applicant so licensed is subject to

18  all provisions of this chapter part and the respective

19  practice act under which the license was issued.

20         (6)  The department, for its boards, shall not issue an

21  initial license to, or renew a license of, any applicant or

22  licensee who is under investigation or prosecution in any

23  jurisdiction for an action which would constitute a violation

24  of this chapter part or the professional practice acts

25  administered by the department and the boards until such time

26  as the investigation or prosecution is complete, at which time

27  the provisions of the professional practice acts shall apply.

28         Section 30.  Subsection (1) of section 455.2185,

29  Florida Statutes, is amended to read:

30         455.2185  Exemption for certain out-of-state or foreign

31  professionals; limited practice permitted.--

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  1         (1)  A professional of any other state or of any

  2  territory or other jurisdiction of the United States or of any

  3  other nation or foreign jurisdiction is exempt from the

  4  requirements of licensure under this chapter part and the

  5  applicable professional practice act under the agency with

  6  regulatory jurisdiction over the profession if that profession

  7  is regulated in this state under the agency with regulatory

  8  jurisdiction over the profession and if that person:

  9         (a)  Holds, if so required in the jurisdiction in which

10  that person practices, an active license to practice that

11  profession.

12         (b)  Engages in the active practice of that profession

13  outside the state.

14         (c)  Is employed or designated in that professional

15  capacity by a sports entity visiting the state for a specific

16  sporting event.

17         Section 31.  Paragraph (a) of subsection (1) of section

18  455.225, Florida Statutes, is amended to read:

19         455.225  Disciplinary proceedings.--Disciplinary

20  proceedings for each board shall be within the jurisdiction of

21  the department.

22         (1)(a)  The department, for the boards under its

23  jurisdiction, shall cause to be investigated any complaint

24  that is filed before it if the complaint is in writing, signed

25  by the complainant, and legally sufficient. A complaint is

26  legally sufficient if it contains ultimate facts that show

27  that a violation of this chapter part, of any of the practice

28  acts relating to the professions regulated by the department,

29  or of any rule adopted by the department or a regulatory board

30  in the department has occurred. In order to determine legal

31  sufficiency, the department may require supporting information

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  1  or documentation. The department may investigate, and the

  2  department or the appropriate board may take appropriate final

  3  action on, a complaint even though the original complainant

  4  withdraws it or otherwise indicates a desire not to cause the

  5  complaint to be investigated or prosecuted to completion. The

  6  department may investigate an anonymous complaint if the

  7  complaint is in writing and is legally sufficient, if the

  8  alleged violation of law or rules is substantial, and if the

  9  department has reason to believe, after preliminary inquiry,

10  that the violations alleged in the complaint are true. The

11  department may investigate a complaint made by a confidential

12  informant if the complaint is legally sufficient, if the

13  alleged violation of law or rule is substantial, and if the

14  department has reason to believe, after preliminary inquiry,

15  that the allegations of the complainant are true. The

16  department may initiate an investigation if it has reasonable

17  cause to believe that a licensee or a group of licensees has

18  violated a Florida statute, a rule of the department, or a

19  rule of a board.

20         Section 32.  Paragraphs (i), (j), and (q) of subsection

21  (1) and subsection (4) of section 455.227, Florida Statutes,

22  are amended to read:

23         455.227  Grounds for discipline; penalties;

24  enforcement.--

25         (1)  The following acts shall constitute grounds for

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

27  be taken:

28         (i)  Failing to report to the department any person who

29  the licensee knows is in violation of this chapter part, the

30  chapter regulating the alleged violator, or the rules of the

31  department or the board.

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  1         (j)  Aiding, assisting, procuring, employing, or

  2  advising any unlicensed person or entity to practice a

  3  profession contrary to this chapter part, the chapter

  4  regulating the profession, or the rules of the department or

  5  the board.

  6         (q)  Violating any provision of this chapter part, the

  7  applicable professional practice act, a rule of the department

  8  or the board, or a lawful order of the department or the

  9  board, or failing to comply with a lawfully issued subpoena of

10  the department.

11         (4)  In addition to, or in lieu of, any other remedy or

12  criminal prosecution, the department may file a proceeding in

13  the name of the state seeking issuance of an injunction or a

14  writ of mandamus against any person who violates any of the

15  provisions of this chapter part, or any provision of law with

16  respect to professions regulated by the department, or any

17  board therein, or the rules adopted pursuant thereto.

18         Section 33.  Subsection (1) of section 455.2273,

19  Florida Statutes, is amended to read:

20         455.2273  Disciplinary guidelines.--

21         (1)  Each board, or the department when there is no

22  board, shall adopt, by rule, and periodically review the

23  disciplinary guidelines applicable to each ground for

24  disciplinary action which may be imposed by the board, or the

25  department when there is no board, pursuant to this chapter

26  part, the respective practice acts, and any rule of the board

27  or department.

28         Section 34.  Subsection (1) of section 455.228, Florida

29  Statutes, is amended to read:

30

31

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  1         455.228  Unlicensed practice of a profession; cease and

  2  desist notice; civil penalty; enforcement; citations;

  3  allocation of moneys collected.--

  4         (1)  When the department has probable cause to believe

  5  that any person not licensed by the department, or the

  6  appropriate regulatory board within the department, has

  7  violated any provision of this chapter part or any statute

  8  that relates to the practice of a profession regulated by the

  9  department, or any rule adopted pursuant thereto, the

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

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

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

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

14  profession by employing such unlicensed person. The issuance

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

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

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

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

19  seeking issuance of an injunction or a writ of mandamus

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

21  In addition to the foregoing remedies, the department may

22  impose an administrative penalty not to exceed $5,000 per

23  incident pursuant to the provisions of chapter 120 or may

24  issue a citation pursuant to the provisions of subsection (3).

25  If the department is required to seek enforcement of the order

26  for a penalty pursuant to s. 120.569, it shall be entitled to

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

28  of collection.

29         Section 35.  Section 455.243, Florida Statutes, is

30  amended to read:

31

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  1         455.243  Authority to inspect.--Duly authorized agents

  2  and employees of the department shall have the power to

  3  inspect in a lawful manner at all reasonable hours any

  4  establishment at which the services of a licensee authorized

  5  to prescribe controlled substances specified in chapter 893

  6  are offered, for the purpose of determining if any of the

  7  provisions of this chapter part or any practice act of a

  8  profession or any rule adopted thereunder is being violated;

  9  or for the purpose of securing such other evidence as may be

10  needed for prosecution.

11         Section 36.  Section 455.501, Florida Statutes, is

12  transferred, renumbered as section 456.001, Florida Statutes,

13  and amended to read:

14         456.001 455.501  Definitions.--As used in this chapter

15  part, the term:

16         (1)  "Board" means any board or commission, or other

17  statutorily created entity to the extent such entity is

18  authorized to exercise regulatory or rulemaking functions,

19  within the department, except that, for ss. 456.003-456.018,

20  456.022, 456.023, 456.025-456.034, and 456.039-456.082

21  455.517-455.707, "board" means only a board, or other

22  statutorily created entity to the extent such entity is

23  authorized to exercise regulatory or rulemaking functions,

24  within the Division of Medical Quality Assurance.

25         (2)  "Consumer member" means a person appointed to

26  serve on a specific board or who has served on a specific

27  board, who is not, and never has been, a member or

28  practitioner of the profession, or of any closely related

29  profession, regulated by such board.

30         (3)  "Department" means the Department of Health.

31

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  1         (4)  "Health care practitioner" means any person

  2  licensed under chapter 457; chapter 458; chapter 459; chapter

  3  460; chapter 461; chapter 462; chapter 463; chapter 464;

  4  chapter 465; chapter 466; chapter 467; part I, part II, part

  5  III, part V, part X, part XIII, or part XIV of chapter 468;

  6  chapter 478; chapter 480; part III or part IV of chapter 483;

  7  chapter 484; chapter 486; chapter 490; or chapter 491.

  8         (5)  "License" means any permit, registration,

  9  certificate, or license issued by the department.

10         (6)  "Licensee" means any person or entity issued a

11  permit, registration, certificate, or license by the

12  department.

13         (7)  "Profession" means any activity, occupation,

14  profession, or vocation regulated by the department in the

15  Division of Medical Quality Assurance.

16         Section 37.  Section 455.504, Florida Statutes, is

17  transferred, renumbered as section 456.002, Florida Statutes,

18  and amended to read:

19         456.002 455.504  Applicability of part.--This chapter

20  part applies only to the regulation by the department of

21  professions.

22         Section 38.  Section 455.517, Florida Statutes, is

23  transferred and renumbered as section 456.003, Florida

24  Statutes.

25         Section 39.  Section 455.521, Florida Statutes, is

26  transferred, renumbered as section 456.004, Florida Statutes,

27  and amended to read:

28         456.004 455.521  Department; powers and duties.--The

29  department, for the professions under its jurisdiction, shall:

30         (1)  Adopt rules establishing a procedure for the

31  biennial renewal of licenses; however, the department may

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  1  issue up to a 4-year license to selected licensees

  2  notwithstanding any other provisions of law to the contrary.

  3  Fees for such renewal shall not exceed the fee caps for

  4  individual professions on an annualized basis as authorized by

  5  law.

  6         (2)  Appoint the executive director of each board,

  7  subject to the approval of the board.

  8         (3)  Submit an annual budget to the Legislature at a

  9  time and in the manner provided by law.

10         (4)  Develop a training program for persons newly

11  appointed to membership on any board. The program shall

12  familiarize such persons with the substantive and procedural

13  laws and rules and fiscal information relating to the

14  regulation of the appropriate profession and with the

15  structure of the department.

16         (5)  Adopt rules pursuant to ss. 120.536(1) and 120.54

17  to implement the provisions of this chapter part.

18         (6)  Establish by rules procedures by which the

19  department shall use the expert or technical advice of the

20  appropriate board for the purposes of investigation,

21  inspection, evaluation of applications, other duties of the

22  department, or any other areas the department may deem

23  appropriate.

24         (7)  Require all proceedings of any board or panel

25  thereof and all formal or informal proceedings conducted by

26  the department, an administrative law judge, or a hearing

27  officer with respect to licensing or discipline to be

28  electronically recorded in a manner sufficient to assure the

29  accurate transcription of all matters so recorded.

30

31

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  1         (8)  Select only those investigators, or consultants

  2  who undertake investigations, who meet criteria established

  3  with the advice of the respective boards.

  4         (9)  Allow applicants for new or renewal licenses and

  5  current licensees to be screened by the Title IV-D child

  6  support agency pursuant to s. 409.2598 to assure compliance

  7  with a support obligation. The purpose of this subsection is

  8  to promote the public policy of this state as established in

  9  s. 409.2551. The department shall, when directed by the court,

10  suspend or deny the license of any licensee found to have a

11  delinquent support obligation. The department shall issue or

12  reinstate the license without additional charge to the

13  licensee when notified by the court that the licensee has

14  complied with the terms of the court order. The department

15  shall not be held liable for any license denial or suspension

16  resulting from the discharge of its duties under this

17  subsection.

18         Section 40.  Sections 455.524, 455.527, and 455.531,

19  Florida Statutes, are transferred and renumbered as sections

20  456.005, 456.006, and 456.007, Florida Statutes, respectively.

21         Section 41.  Section 455.541, Florida Statutes, is

22  transferred, renumbered as section 456.008, Florida Statutes,

23  and amended to read:

24         456.008 455.541  Accountability and liability of board

25  members.--

26         (1)  Each board member shall be accountable to the

27  Governor for the proper performance of duties as a member of

28  the board.  The Governor shall investigate any legally

29  sufficient complaint or unfavorable written report received by

30  the Governor or by the department or a board concerning the

31  actions of the board or its individual members. The Governor

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  1  may suspend from office any board member for malfeasance,

  2  misfeasance, neglect of duty, drunkenness, incompetence,

  3  permanent inability to perform his or her official duties, or

  4  commission of a felony.

  5         (2)  Each board member and each former board member

  6  serving on a probable cause panel shall be exempt from civil

  7  liability for any act or omission when acting in the member's

  8  official capacity, and the department shall defend any such

  9  member in any action against any board or member of a board

10  arising from any such act or omission. In addition, the

11  department may defend the member's company or business in any

12  action against the company or business if the department

13  determines that the actions from which the suit arises are

14  actions taken by the member in the member's official capacity

15  and were not beyond the member's statutory authority. In

16  providing such defense, the department may employ or utilize

17  the legal services of the Department of Legal Affairs or

18  outside counsel retained pursuant to s. 287.059. Fees and

19  costs of providing legal services provided under this

20  subsection shall be paid from a trust fund used by the

21  department to implement this chapter part, subject to the

22  provisions of s. 456.025 455.587.

23         Section 42.  Section 455.594, Florida Statutes, is

24  transferred, renumbered as section 456.009, Florida Statutes,

25  and amended to read:

26         456.009 455.594  Legal and investigative services.--

27         (1)  The department shall provide board counsel for

28  boards within the department by contracting with the

29  Department of Legal Affairs, by retaining private counsel

30  pursuant to s. 287.059, or by providing department staff

31  counsel. The primary responsibility of board counsel shall be

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  1  to represent the interests of the citizens of the state. A

  2  board shall provide for the periodic review and evaluation of

  3  the services provided by its board counsel. Fees and costs of

  4  such counsel shall be paid from a trust fund used by the

  5  department to implement this chapter part, subject to the

  6  provisions of s. 456.025 455.587. All contracts for

  7  independent counsel shall provide for periodic review and

  8  evaluation by the board and the department of services

  9  provided.

10         (2)  The department may employ or use the legal

11  services of outside counsel and the investigative services of

12  outside personnel. However, no attorney employed or utilized

13  by the department shall prosecute a matter and provide legal

14  services to the board with respect to the same matter.

15         (3)  Any person retained by the department under

16  contract to review materials, make site visits, or provide

17  expert testimony regarding any complaint or application filed

18  with the department relating to a profession under the

19  jurisdiction of the department shall be considered an agent of

20  the department in determining the state insurance coverage and

21  sovereign immunity protection applicability of ss. 284.31 and

22  768.28.

23         Section 43.  Section 455.534, Florida Statutes, is

24  transferred, renumbered as section 456.011, Florida Statutes,

25  and amended to read:

26         456.011 455.534  Boards; organization; meetings;

27  compensation and travel expenses.--

28         (1)  Each board within the department shall comply with

29  the provisions of this section.

30         (2)  The board shall annually elect from among its

31  number a chairperson and vice chairperson.

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  1         (3)  The board shall meet at least once annually and

  2  may meet as often as is necessary. The chairperson or a quorum

  3  of the board shall have the authority to call other meetings.

  4  A quorum shall be necessary for the conduct of official

  5  business by the board or any committee thereof. Unless

  6  otherwise provided by law, 51 percent or more of the appointed

  7  members of the board or any committee, when applicable, shall

  8  constitute a quorum. The membership of committees of the

  9  board, except as otherwise authorized pursuant to this chapter

10  part or the applicable practice act, shall be composed of

11  currently appointed members of the board. The vote of a

12  majority of the members of the quorum shall be necessary for

13  any official action by the board or committee. Three

14  consecutive unexcused absences or absences constituting 50

15  percent or more of the board's meetings within any 12-month

16  period shall cause the board membership of the member in

17  question to become void, and the position shall be considered

18  vacant. The board, or the department when there is no board,

19  shall, by rule, define unexcused absences.

20         (4)  Unless otherwise provided by law, a board member

21  or former board member serving on a probable cause panel shall

22  be compensated $50 for each day in attendance at an official

23  meeting of the board and for each day of participation in any

24  other business involving the board.  Each board shall adopt

25  rules defining the phrase "other business involving the

26  board," but the phrase may not routinely be defined to include

27  telephone conference calls. A board member also shall be

28  entitled to reimbursement for expenses pursuant to s. 112.061.

29  Travel out of state shall require the prior approval of the

30  secretary.

31

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  1         (5)  When two or more boards have differences between

  2  them, the boards may elect to, or the secretary may request

  3  that the boards, establish a special committee to settle those

  4  differences.  The special committee shall consist of three

  5  members designated by each board, who may be members of the

  6  designating board or other experts designated by the board,

  7  and of one additional person designated and agreed to by the

  8  members of the special committee.  In the event the special

  9  committee cannot agree on the additional designee, upon

10  request of the special committee, the secretary may select the

11  designee.  The committee shall recommend rules necessary to

12  resolve the differences.  If a rule adopted pursuant to this

13  provision is challenged, the participating boards shall share

14  the costs associated with defending the rule or rules.  The

15  department shall provide legal representation for any special

16  committee established pursuant to this section.

17         Section 44.  Section 455.544, Florida Statutes, is

18  transferred, renumbered as section 456.012, Florida Statutes,

19  and amended to read:

20         456.012 455.544  Board rules; final agency action;

21  challenges.--

22         (1)  The secretary of the department shall have

23  standing to challenge any rule or proposed rule of a board

24  under its jurisdiction pursuant to s. 120.56.  In addition to

25  challenges for any invalid exercise of delegated legislative

26  authority, the administrative law judge, upon such a challenge

27  by the secretary, may declare all or part of a rule or

28  proposed rule invalid if it:

29         (a)  Does not protect the public from any significant

30  and discernible harm or damages;

31

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  1         (b)  Unreasonably restricts competition or the

  2  availability of professional services in the state or in a

  3  significant part of the state; or

  4         (c)  Unnecessarily increases the cost of professional

  5  services without a corresponding or equivalent public benefit.

  6

  7  However, there shall not be created a presumption of the

  8  existence of any of the conditions cited in this subsection in

  9  the event that the rule or proposed rule is challenged.

10         (2)  In addition, either the secretary or the board

11  shall be a substantially interested party for purposes of s.

12  120.54(7). The board may, as an adversely affected party,

13  initiate and maintain an action pursuant to s. 120.68

14  challenging the final agency action.

15         (3)  No board created within the department shall have

16  standing to challenge a rule or proposed rule of another

17  board. However, if there is a dispute between boards

18  concerning a rule or proposed rule, the boards may avail

19  themselves of the provisions of s. 456.011(5) 455.534(5).

20         Section 45.  Section 455.564, Florida Statutes, is

21  transferred, renumbered as section 456.013, Florida Statutes,

22  and amended to read:

23         456.013 455.564  Department; general licensing

24  provisions.--

25         (1)  Any person desiring to be licensed in a profession

26  within the jurisdiction of the department shall apply to the

27  department in writing to take the licensure examination.  The

28  application shall be made on a form prepared and furnished by

29  the department and shall require the social security number of

30  the applicant.  The form shall be supplemented as needed to

31  reflect any material change in any circumstance or condition

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  1  stated in the application which takes place between the

  2  initial filing of the application and the final grant or

  3  denial of the license and which might affect the decision of

  4  the department. An incomplete application shall expire 1 year

  5  after initial filing. In order to further the economic

  6  development goals of the state, and notwithstanding any law to

  7  the contrary, the department may enter into an agreement with

  8  the county tax collector for the purpose of appointing the

  9  county tax collector as the department's agent to accept

10  applications for licenses and applications for renewals of

11  licenses. The agreement must specify the time within which the

12  tax collector must forward any applications and accompanying

13  application fees to the department.

14         (2)  Before the issuance of any license, the department

15  may charge an initial license fee as determined by rule of the

16  applicable board or, if no such board exists, by rule of the

17  department.  Upon receipt of the appropriate license fee, the

18  department shall issue a license to any person certified by

19  the appropriate board, or its designee, as having met the

20  licensure requirements imposed by law or rule. The license

21  shall consist of a wallet-size identification card and a wall

22  card measuring 6 1/2  inches by 5 inches. In addition to the

23  two-part license, the department, at the time of initial

24  licensure, shall issue a wall certificate suitable for

25  conspicuous display, which shall be no smaller than 8 1/2

26  inches by 14 inches. The licensee shall surrender to the

27  department the wallet-size identification card, the wall card,

28  and the wall certificate, if one has been issued by the

29  department, if the licensee's license is revoked.

30         (3)  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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  1  who is under investigation or prosecution in any jurisdiction

  2  for an action that would constitute a violation of this

  3  chapter part or the professional practice acts administered by

  4  the department and the boards, until such time as the

  5  investigation or prosecution is complete.

  6         (4)  When any administrative law judge conducts a

  7  hearing pursuant to the provisions of chapter 120 with respect

  8  to the issuance of a license by the department, the

  9  administrative law judge shall submit his or her recommended

10  order to the appropriate board, which shall thereupon issue a

11  final order.  The applicant for licensure may appeal the final

12  order of the board in accordance with the provisions of

13  chapter 120.

14         (5)  A privilege against civil liability is hereby

15  granted to any witness for any information furnished by the

16  witness in any proceeding pursuant to this section, unless the

17  witness acted in bad faith or with malice in providing such

18  information.

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

20  of Medicine, the Board of Osteopathic Medicine, the Board of

21  Chiropractic Medicine, and the Board of Podiatric Medicine

22  shall each require licensees which they respectively regulate

23  to periodically demonstrate their professional competency by

24  completing at least 40 hours of continuing education every 2

25  years.  The boards may require by rule that up to 1 hour of

26  the required 40 or more hours be in the area of risk

27  management or cost containment. This provision shall not be

28  construed to limit the number of hours that a licensee may

29  obtain in risk management or cost containment to be credited

30  toward satisfying the 40 or more required hours. This

31  provision shall not be construed to require the boards to

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  1  impose any requirement on licensees except for the completion

  2  of at least 40 hours of continuing education every 2 years.

  3  Each of such boards shall determine whether any specific

  4  continuing education requirements not otherwise mandated by

  5  law shall be mandated and shall approve criteria for, and the

  6  content of, any continuing education mandated by such board.

  7  Notwithstanding any other provision of law, the board, or the

  8  department when there is no board, may approve by rule

  9  alternative methods of obtaining continuing education credits

10  in risk management. The alternative methods may include

11  attending a board meeting at which another licensee is

12  disciplined, serving as a volunteer expert witness for the

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

14  probable cause panel following the expiration of a board

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

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

17  adopt rules granting continuing education hours in risk

18  management for attending a board meeting at which another

19  licensee is disciplined, for serving as a volunteer expert

20  witness for the department in a disciplinary case, or for

21  serving as a member of a probable cause panel following the

22  expiration of a board member's term.

23         (7)  The respective boards within the jurisdiction of

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

25  adopt rules to provide for the use of approved videocassette

26  courses, not to exceed 5 hours per subject, to fulfill the

27  continuing education requirements of the professions they

28  regulate. Such rules shall provide for prior approval of the

29  board, or the department when there is no board, of the

30  criteria for and content of such courses and shall provide for

31  a videocassette course validation form to be signed by the

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  1  vendor and the licensee and submitted to the department, along

  2  with the license renewal application, for continuing education

  3  credit.

  4         (8)  Any board that currently requires continuing

  5  education for renewal of a license, or the department if there

  6  is no board, shall adopt rules to establish the criteria for

  7  continuing education courses.  The rules may provide that up

  8  to a maximum of 25 percent of the required continuing

  9  education hours can be fulfilled by the performance of pro

10  bono services to the indigent or to underserved populations or

11  in areas of critical need within the state where the licensee

12  practices. The board, or the department if there is no board,

13  must require that any pro bono services be approved in advance

14  in order to receive credit for continuing education under this

15  subsection. The standard for determining indigency shall be

16  that recognized by the Federal Poverty Income Guidelines

17  produced by the United States Department of Health and Human

18  Services.  The rules may provide for approval by the board, or

19  the department if there is no board, that a part of the

20  continuing education hours can be fulfilled by performing

21  research in critical need areas or for training leading to

22  advanced professional certification.  The board, or the

23  department if there is no board, may make rules to define

24  underserved and critical need areas.  The department shall

25  adopt rules for administering continuing education

26  requirements adopted by the boards or the department if there

27  is no board.

28         (9)  Notwithstanding any law to the contrary, an

29  elected official who is licensed under a practice act

30  administered by the Division of Medical Quality Assurance may

31  hold employment for compensation with any public agency

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  1  concurrent with such public service.  Such dual service must

  2  be disclosed according to any disclosure required by

  3  applicable law.

  4         (10)  In any instance in which a licensee or applicant

  5  to the department is required to be in compliance with a

  6  particular provision by, on, or before a certain date, and if

  7  that date occurs on a Saturday, Sunday, or a legal holiday,

  8  then the licensee or applicant is deemed to be in compliance

  9  with the specific date requirement if the required action

10  occurs on the first succeeding day which is not a Saturday,

11  Sunday, or legal holiday.

12         (11)  Pursuant to the federal Personal Responsibility

13  and Work Opportunity Reconciliation Act of 1996, each party is

14  required to provide his or her social security number in

15  accordance with this section.  Disclosure of social security

16  numbers obtained through this requirement shall be limited to

17  the purpose of administration of the Title IV-D program for

18  child support enforcement.

19         Section 46.  Section 455.647, Florida Statutes, is

20  transferred and renumbered as section 456.014, Florida

21  Statutes.

22         Section 47.  Section 455.561, Florida Statutes, is

23  transferred, renumbered as section 456.015, Florida Statutes,

24  and amended to read:

25         456.015 455.561  Limited licenses.--

26         (1)  It is the intent of the Legislature that, absent a

27  threat to the health, safety, and welfare of the public, the

28  use of retired professionals in good standing to serve the

29  indigent, underserved, or critical need populations of this

30  state should be encouraged. To that end, the board, or the

31  department when there is no board, may adopt rules to permit

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  1  practice by retired professionals as limited licensees under

  2  this section.

  3         (2)  Any person desiring to obtain a limited license,

  4  when permitted by rule, shall submit to the board, or the

  5  department when there is no board, an application and fee, not

  6  to exceed $300, and an affidavit stating that the applicant

  7  has been licensed to practice in any jurisdiction in the

  8  United States for at least 10 years in the profession for

  9  which the applicant seeks a limited license. The affidavit

10  shall also state that the applicant has retired or intends to

11  retire from the practice of that profession and intends to

12  practice only pursuant to the restrictions of the limited

13  license granted pursuant to this section.  If the applicant

14  for a limited license submits a notarized statement from the

15  employer stating that the applicant will not receive monetary

16  compensation for any service involving the practice of her or

17  his profession, the application and all licensure fees shall

18  be waived.

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

20  board, may deny limited licensure to an applicant who has

21  committed, or is under investigation or prosecution for, any

22  act which would constitute the basis for discipline pursuant

23  to the provisions of this chapter part or the applicable

24  practice act.

25         (4)  The recipient of a limited license may practice

26  only in the employ of public agencies or institutions or

27  nonprofit agencies or institutions which meet the requirements

28  of s. 501(c)(3) of the Internal Revenue Code, and which

29  provide professional liability coverage for acts or omissions

30  of the limited licensee.  A limited licensee may provide

31  services only to the indigent, underserved, or critical need

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  1  populations within the state.  The standard for determining

  2  indigency shall be that recognized by the Federal Poverty

  3  Income Guidelines produced by the United States Department of

  4  Health and Human Services.  The board, or the department when

  5  there is no board, may adopt rules to define underserved and

  6  critical need areas and to ensure implementation of this

  7  section.

  8         (5)  A board, or the department when there is no board,

  9  may provide by rule for supervision of limited licensees to

10  protect the health, safety, and welfare of the public.

11         (6)  Each applicant granted a limited license is

12  subject to all the provisions of this chapter part and the

13  respective practice act under which the limited license is

14  issued which are not in conflict with this section.

15         (7)  This section does not apply to chapter 458 or

16  chapter 459.

17         Section 48.  Section 455.571, Florida Statutes, is

18  transferred and renumbered as section 456.016, Florida

19  Statutes.

20         Section 49.  Section 455.574, Florida Statutes, is

21  transferred, renumbered as section 456.017, Florida Statutes,

22  and amended to read:

23         456.017 455.574  Department of Health; examinations.--

24         (1)(a)  The department shall provide, contract, or

25  approve services for the development, preparation,

26  administration, scoring, score reporting, and evaluation of

27  all examinations, in consultation with the appropriate board.

28  The department shall certify that examinations developed and

29  approved by the department adequately and reliably measure an

30  applicant's ability to practice the profession regulated by

31  the department.  After an examination developed or approved by

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  1  the department has been administered, the board, or the

  2  department when there is no board, may reject any question

  3  which does not reliably measure the general areas of

  4  competency specified in the rules of the board. The department

  5  may contract for the preparation, administration, scoring,

  6  score reporting, and evaluation of examinations, when such

  7  services are available and approved by the board.

  8         (b)  For each examination developed by the department

  9  or contracted vendor, to the extent not otherwise specified by

10  statute, the board, or the department when there is no board,

11  shall by rule specify the general areas of competency to be

12  covered by each examination, the relative weight to be

13  assigned in grading each area tested, and the score necessary

14  to achieve a passing grade, and fees, where applicable, to

15  cover the actual cost for any purchase, development, and

16  administration of required examinations.  This subsection does

17  not apply to national examinations approved and administered

18  pursuant to paragraph (c).  If a practical examination is

19  deemed to be necessary, the rules shall specify the criteria

20  by which examiners are to be selected, the grading criteria to

21  be used by the examiner, the relative weight to be assigned in

22  grading each criterion, and the score necessary to achieve a

23  passing grade. When a mandatory standardization exercise for a

24  practical examination is required by law, the board, or the

25  department when there is no board, may conduct such exercise.

26  Therefore, board members, or employees of the department when

27  there is no board, may serve as examiners at a practical

28  examination with the consent of the board or department, as

29  appropriate.

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

31  board, may approve by rule the use of any national examination

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  1  which the department has certified as meeting requirements of

  2  national examinations and generally accepted testing standards

  3  pursuant to department rules.  Providers of examinations

  4  seeking certification by the department shall pay the actual

  5  costs incurred by the department in making a determination

  6  regarding the certification.  The name and number of a

  7  candidate may be provided to a national contractor for the

  8  limited purpose of preparing the grade tape and information to

  9  be returned to the board or department; or, to the extent

10  otherwise specified by rule, the candidate may apply directly

11  to the vendor of the national examination and supply test

12  score information to the department.  The department may

13  delegate to the board the duty to provide and administer the

14  examination.  Any national examination approved by a board, or

15  the department when there is no board, prior to October 1,

16  1997, is deemed certified under this paragraph.

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

18  board, shall adopt rules regarding the security and monitoring

19  of examinations.  The department shall implement those rules

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

21  security of examinations, the department may employ the

22  procedures set forth in s. 456.065 455.637 to seek fines and

23  injunctive relief against an examinee who violates the

24  provisions of s. 456.018 455.577 or the rules adopted pursuant

25  to this paragraph.  The department, or any agent thereof, may,

26  for the purposes of investigation, confiscate any written,

27  photographic, or recording material or device in the

28  possession of the examinee at the examination site which the

29  department deems necessary to enforce such provisions or

30  rules.

31

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  1         (e)  If the professional board with jurisdiction over

  2  an examination concurs, the department may, for a fee, share

  3  with any other state's licensing authority an examination

  4  developed by or for the department unless prohibited by a

  5  contract entered into by the department for development or

  6  purchase of the examination.  The department, with the

  7  concurrence of the appropriate board, shall establish

  8  guidelines that ensure security of a shared exam and shall

  9  require that any other state's licensing authority comply with

10  those guidelines.  Those guidelines shall be approved by the

11  appropriate professional board.  All fees paid by the user

12  shall be applied to the department's examination and

13  development program for professions regulated by this chapter

14  part.

15         (f)  The department may adopt rules necessary to

16  administer this subsection.

17         (2)  For each examination developed by the department

18  or a contracted vendor, the board, or the department when

19  there is no board, shall adopt rules providing for

20  reexamination of any applicants who failed an examination

21  developed by the department or a contracted vendor. If both a

22  written and a practical examination are given, an applicant

23  shall be required to retake only the portion of the

24  examination on which the applicant failed to achieve a passing

25  grade, if the applicant successfully passes that portion

26  within a reasonable time, as determined by rule of the board,

27  or the department when there is no board, of passing the other

28  portion. Except for national examinations approved and

29  administered pursuant to this section, the department shall

30  provide procedures for applicants who fail an examination

31  developed by the department or a contracted vendor to review

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  1  their examination questions, answers, papers, grades, and

  2  grading key for the questions the candidate answered

  3  incorrectly or, if not feasible, the parts of the examination

  4  failed. Applicants shall bear the actual cost for the

  5  department to provide examination review pursuant to this

  6  subsection. An applicant may waive in writing the

  7  confidentiality of the applicant's examination grades.

  8         (3)  For each examination developed or administered by

  9  the department or a contracted vendor, an accurate record of

10  each applicant's examination questions, answers, papers,

11  grades, and grading key shall be kept for a period of not less

12  than 2 years immediately following the examination, and such

13  record shall thereafter be maintained or destroyed as provided

14  in chapters 119 and 257.  This subsection does not apply to

15  national examinations approved and administered pursuant to

16  this section.

17         (4)  Meetings of any member of the department or of any

18  board within the department held for the exclusive purpose of

19  creating or reviewing licensure examination questions or

20  proposed examination questions are exempt from the provisions

21  of s. 286.011 and s. 24(b), Art. I of the State Constitution.

22  Any public records, such as tape recordings, minutes, or

23  notes, generated during or as a result of such meetings are

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

25  and s. 24(a), Art. I of the State Constitution. However, these

26  exemptions shall not affect the right of any person to review

27  an examination as provided in subsection (2).

28         (5)  For examinations developed by the department or a

29  contracted vendor, each board, or the department when there is

30  no board, may provide licensure examinations in an applicant's

31  native language.  Applicants for examination or reexamination

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  1  pursuant to this subsection shall bear the full cost for the

  2  department's development, preparation, administration,

  3  grading, and evaluation of any examination in a language other

  4  than English.  Requests for translated examinations must be on

  5  file in the board office at least 6 months prior to the

  6  scheduled examination.  When determining whether it is in the

  7  public interest to allow the examination to be translated into

  8  a language other than English, the board shall consider the

  9  percentage of the population who speak the applicant's native

10  language.  Applicants must apply for translation to the

11  applicable board at least 6 months prior to the scheduled

12  examination.

13         (6)  In addition to meeting any other requirements for

14  licensure by examination or by endorsement, an applicant may

15  be required by a board, or the department when there is no

16  board, to certify competency in state laws and rules relating

17  to the applicable practice act.

18         Section 50.  Section 455.577, Florida Statutes, is

19  transferred, renumbered as section 456.018, Florida Statutes,

20  and amended to read:

21         456.018 455.577  Penalty for theft or reproduction of

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

23  discipline imposed pursuant to s. 456.072 455.624, the theft

24  of an examination in whole or in part or the act of

25  reproducing or copying any examination administered by the

26  department, whether such examination is reproduced or copied

27  in part or in whole and by any means, constitutes a felony of

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

29  775.083, or s. 775.084.

30

31

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  1         Section 51.  Sections 455.511 and 455.514, Florida

  2  Statutes, are transferred and renumbered as sections 456.019

  3  and 456.021, Florida Statutes, respectively.

  4         Section 52.  Section 455.581, Florida Statutes, is

  5  transferred, renumbered as section 456.022, Florida Statutes,

  6  and amended to read:

  7         456.022 455.581  Foreign-trained professionals; special

  8  examination and license provisions.--

  9         (1)  When not otherwise provided by law, within its

10  jurisdiction, the department shall by rule provide procedures

11  under which exiled professionals may be examined within each

12  practice act. A person shall be eligible for such examination

13  if the person:

14         (a)  Immigrated to the United States after leaving the

15  person's home country because of political reasons, provided

16  such country is located in the Western Hemisphere and lacks

17  diplomatic relations with the United States;

18         (b)  Applies to the department and submits a fee;

19         (c)  Was a Florida resident immediately preceding the

20  person's application;

21         (d)  Demonstrates to the department, through submission

22  of documentation verified by the applicant's respective

23  professional association in exile, that the applicant was

24  graduated with an appropriate professional or occupational

25  degree from a college or university; however, the department

26  may not require receipt of any documentation from the Republic

27  of Cuba as a condition of eligibility under this section;

28         (e)  Lawfully practiced the profession for at least 3

29  years;

30

31

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  1         (f)  Prior to 1980, successfully completed an approved

  2  course of study pursuant to chapters 74-105 and 75-177, Laws

  3  of Florida; and

  4         (g)  Presents a certificate demonstrating the

  5  successful completion of a continuing education program which

  6  offers a course of study that will prepare the applicant for

  7  the examination offered under subsection (2). The department

  8  shall develop rules for the approval of such programs for its

  9  boards.

10         (2)  Upon request of a person who meets the

11  requirements of subsection (1) and submits an examination fee,

12  the department, for its boards, shall provide a written

13  practical examination which tests the person's current ability

14  to practice the profession competently in accordance with the

15  actual practice of the profession. Evidence of meeting the

16  requirements of subsection (1) shall be treated by the

17  department as evidence of the applicant's preparation in the

18  academic and preprofessional fundamentals necessary for

19  successful professional practice, and the applicant shall not

20  be examined by the department on such fundamentals.

21         (3)  The fees charged for the examinations offered

22  under subsection (2) shall be established by the department,

23  for its boards, by rule and shall be sufficient to develop or

24  to contract for the development of the examination and its

25  administration, grading, and grade reviews.

26         (4)  The department shall examine any applicant who

27  meets the requirements of subsections (1) and (2). Upon

28  passing the examination and the issuance of the license, a

29  licensee is subject to the administrative requirements of this

30  chapter part and the respective practice act under which the

31  license is issued. Each applicant so licensed is subject to

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  1  all provisions of this chapter part and the respective

  2  practice act under which the license was issued.

  3         (5)  Upon a request by an applicant otherwise qualified

  4  under this section, the examinations offered under subsection

  5  (2) may be given in the applicant's native language, provided

  6  that any translation costs are borne by the applicant.

  7         (6)  The department, for its boards, shall not issue an

  8  initial license to, or renew a license of, any applicant or

  9  licensee who is under investigation or prosecution in any

10  jurisdiction for an action which would constitute a violation

11  of this chapter part or the professional practice acts

12  administered by the department and the boards until such time

13  as the investigation or prosecution is complete, at which time

14  the provisions of the professional practice acts shall apply.

15         Section 53.  Section 455.584, Florida Statutes, is

16  transferred, renumbered as section 456.023, Florida Statutes,

17  and amended to read:

18         456.023 455.584  Exemption for certain out-of-state or

19  foreign professionals; limited practice permitted.--

20         (1)  A professional of any other state or of any

21  territory or other jurisdiction of the United States or of any

22  other nation or foreign jurisdiction is exempt from the

23  requirements of licensure under this chapter part and the

24  applicable professional practice act under the agency with

25  regulatory jurisdiction over the profession if that profession

26  is regulated in this state under the agency with regulatory

27  jurisdiction over the profession and if that person:

28         (a)  Holds, if so required in the jurisdiction in which

29  that person practices, an active license to practice that

30  profession.

31

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  1         (b)  Engages in the active practice of that profession

  2  outside the state.

  3         (c)  Is employed or designated in that professional

  4  capacity by a sports entity visiting the state for a specific

  5  sporting event.

  6         (2)  A professional's practice under this section is

  7  limited to the members, coaches, and staff of the team for

  8  which that professional is employed or designated and to any

  9  animals used if the sporting event for which that professional

10  is employed or designated involves animals. A professional

11  practicing under authority of this section shall not have

12  practice privileges in any licensed health care facility or

13  veterinary facility without the approval of that facility.

14         Section 54.  Section 455.507, Florida Statutes, is

15  transferred and renumbered as section 456.024, Florida

16  Statutes.

17         Section 55.  Section 455.587, Florida Statutes, is

18  transferred, renumbered as section 456.025, Florida Statutes,

19  and amended to read:

20         456.025 455.587  Fees; receipts; disposition.--

21         (1)  Each board within the jurisdiction of the

22  department, or the department when there is no board, shall

23  determine by rule the amount of license fees for the

24  profession it regulates, based upon long-range estimates

25  prepared by the department of the revenue required to

26  implement laws relating to the regulation of professions by

27  the department and the board.  Each board, or the department

28  if there is no board, shall ensure that license fees are

29  adequate to cover all anticipated costs and to maintain a

30  reasonable cash balance, as determined by rule of the agency,

31  with advice of the applicable board. If sufficient action is

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  1  not taken by a board within 1 year after notification by the

  2  department that license fees are projected to be inadequate,

  3  the department shall set license fees on behalf of the

  4  applicable board to cover anticipated costs and to maintain

  5  the required cash balance. The department shall include

  6  recommended fee cap increases in its annual report to the

  7  Legislature. Further, it is the legislative intent that no

  8  regulated profession operate with a negative cash balance. The

  9  department may provide by rule for advancing sufficient funds

10  to any profession operating with a negative cash balance. The

11  advancement may be for a period not to exceed 2 consecutive

12  years, and the regulated profession must pay interest.

13  Interest shall be calculated at the current rate earned on

14  investments of a trust fund used by the department to

15  implement this chapter part. Interest earned shall be

16  allocated to the various funds in accordance with the

17  allocation of investment earnings during the period of the

18  advance.

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

20  board, may charge a fee not to exceed $25, as determined by

21  rule, for the issuance of a wall certificate pursuant to s.

22  456.013(2) 455.564(2) requested by a licensee who was licensed

23  prior to July 1, 1998, or for the issuance of a duplicate wall

24  certificate requested by any licensee.

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

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

27  each active and each voluntary inactive licensee in an amount

28  necessary to eliminate a cash deficit or, if there is not a

29  cash deficit, in an amount sufficient to maintain the

30  financial integrity of the professions as required in this

31

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  1  section. Not more than one such assessment may be made in any

  2  4-year period without specific legislative authorization.

  3         (4)  Each board authorized to approve continuing

  4  education providers, or the department if there is no board,

  5  may establish, by rule, a fee not to exceed $250 for anyone

  6  seeking approval to provide continuing education courses and

  7  may establish by rule a biennial renewal fee not to exceed

  8  $250 for the renewal of providership of such courses.  This

  9  subsection does not apply to continuing education courses or

10  providers approved by the board under chapter 465.

11         (5)  All moneys collected by the department from fees

12  or fines or from costs awarded to the agency by a court shall

13  be paid into a trust fund used by the department to implement

14  this chapter part. The Legislature shall appropriate funds

15  from this trust fund sufficient to carry out this chapter part

16  and the provisions of law with respect to professions

17  regulated by the Division of Medical Quality Assurance within

18  the department and the boards.  The department may contract

19  with public and private entities to receive and deposit

20  revenue pursuant to this section.  The department shall

21  maintain separate accounts in the trust fund used by the

22  department to implement this chapter part for every profession

23  within the department.  To the maximum extent possible, the

24  department shall directly charge all expenses to the account

25  of each regulated profession.  For the purpose of this

26  subsection, direct charge expenses include, but are not

27  limited to, costs for investigations, examinations, and legal

28  services.  For expenses that cannot be charged directly, the

29  department shall provide for the proportionate allocation

30  among the accounts of expenses incurred by the department in

31  the performance of its duties with respect to each regulated

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  1  profession.  The department may not expend funds from the

  2  account of a profession to pay for the expenses incurred on

  3  behalf of another profession. The department shall maintain

  4  adequate records to support its allocation of agency expenses.

  5  The department shall provide any board with reasonable access

  6  to these records upon request.  The department shall provide

  7  each board an annual report of revenue and direct and

  8  allocated expenses related to the operation of that

  9  profession. The board shall use these reports and the

10  department's adopted long-range plan to determine the amount

11  of license fees.  A condensed version of this information,

12  with the department's recommendations, shall be included in

13  the annual report to the Legislature prepared under s. 456.026

14  455.644.

15         (6)  The department shall provide a condensed

16  management report of budgets, finances, performance

17  statistics, and recommendations to each board at least once a

18  quarter.  The department shall identify and include in such

19  presentations any changes, or projected changes, made to the

20  board's budget since the last presentation.

21         (7)  If a duplicate license is required or requested by

22  the licensee, the board or, if there is no board, the

23  department may charge a fee as determined by rule not to

24  exceed $25 before issuance of the duplicate license.

25         (8)  The department or the appropriate board shall

26  charge a fee not to exceed $25 for the certification of a

27  public record. The fee shall be determined by rule of the

28  department. The department or the appropriate board shall

29  assess a fee for duplicating a public record as provided in s.

30  119.07(1)(a) and (b).

31

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  1         Section 56.  Section 455.644, Florida Statutes, is

  2  transferred, renumbered as section 456.026, Florida Statutes,

  3  and amended to read:

  4         456.026 455.644  Annual report concerning finances,

  5  administrative complaints, disciplinary actions, and

  6  recommendations.--The department is directed to prepare and

  7  submit a report to the President of the Senate and the Speaker

  8  of the House of Representatives by November 1 of each year. In

  9  addition to finances and any other information the Legislature

10  may require, the report shall include statistics and relevant

11  information, profession by profession, detailing:

12         (1)  The revenues, expenditures, and cash balances for

13  the prior year, and a review of the adequacy of existing fees.

14         (2)  The number of complaints received and

15  investigated.

16         (3)  The number of findings of probable cause made.

17         (4)  The number of findings of no probable cause made.

18         (5)  The number of administrative complaints filed.

19         (6)  The disposition of all administrative complaints.

20         (7)  A description of disciplinary actions taken.

21         (8)  A description of any effort by the department to

22  reduce or otherwise close any investigation or disciplinary

23  proceeding not before the Division of Administrative Hearings

24  under chapter 120 or otherwise not completed within 1 year

25  after the initial filing of a complaint under this chapter

26  part.

27         (9)  The status of the development and implementation

28  of rules providing for disciplinary guidelines pursuant to s.

29  456.079 455.627.

30         (10)  Such recommendations for administrative and

31  statutory changes necessary to facilitate efficient and

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  1  cost-effective operation of the department and the various

  2  boards.

  3         Section 57.  Sections 455.551, 455.554, and 455.547,

  4  Florida Statutes, are transferred and renumbered as sections

  5  456.027, 456.028, and 456.029, Florida Statutes, respectively.

  6         Section 58.  Section 455.597, Florida Statutes, is

  7  transferred, renumbered as section 456.031, Florida Statutes,

  8  and amended to read:

  9         456.031 455.597  Requirement for instruction on

10  domestic violence.--

11         (1)(a)  The appropriate board shall require each person

12  licensed or certified under chapter 458, chapter 459, chapter

13  464, chapter 466, chapter 467, chapter 490, or chapter 491 to

14  complete a 1-hour continuing education course, approved by the

15  board, on domestic violence, as defined in s. 741.28, as part

16  of biennial relicensure or recertification.  The course shall

17  consist of information on the number of patients in that

18  professional's practice who are likely to be victims of

19  domestic violence and the number who are likely to be

20  perpetrators of domestic violence, screening procedures for

21  determining whether a patient has any history of being either

22  a victim or a perpetrator of domestic violence, and

23  instruction on how to provide such patients with information

24  on, or how to refer such patients to, resources in the local

25  community, such as domestic violence centers and other

26  advocacy groups, that provide legal aid, shelter, victim

27  counseling, batterer counseling, or child protection services.

28         (b)  Each such licensee or certificateholder shall

29  submit confirmation of having completed such course, on a form

30  provided by the board, when submitting fees for each biennial

31  renewal.

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  1         (c)  The board may approve additional equivalent

  2  courses that may be used to satisfy the requirements of

  3  paragraph (a).  Each licensing board that requires a licensee

  4  to complete an educational course pursuant to this subsection

  5  may include the hour required for completion of the course in

  6  the total hours of continuing education required by law for

  7  such profession unless the continuing education requirements

  8  for such profession consist of fewer than 30 hours biennially.

  9         (d)  Any person holding two or more licenses subject to

10  the provisions of this subsection shall be permitted to show

11  proof of having taken one board-approved course on domestic

12  violence, for purposes of relicensure or recertification for

13  additional licenses.

14         (e)  Failure to comply with the requirements of this

15  subsection shall constitute grounds for disciplinary action

16  under each respective practice act and under s. 456.072(1)(k)

17  455.624(1)(k).  In addition to discipline by the board, the

18  licensee shall be required to complete such course.

19         (2)  The board shall also require, as a condition of

20  granting a license under any chapter specified in paragraph

21  (1)(a), that each applicant for initial licensure under the

22  appropriate chapter complete an educational course acceptable

23  to the board on domestic violence which is substantially

24  equivalent to the course required in subsection (1).  An

25  applicant who has not taken such course at the time of

26  licensure shall, upon submission of an affidavit showing good

27  cause, be allowed 6 months to complete such requirement.

28         (3)  Each board may adopt rules to carry out the

29  provisions of this section.

30         (4)  Each board shall report to the President of the

31  Senate, the Speaker of the House of Representatives, and the

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  1  chairs of the appropriate substantive committees of the

  2  Legislature by March 1 of each year as to the implementation

  3  of and compliance with the requirements of this section.

  4         Section 59.  Section 455.601, Florida Statutes, is

  5  transferred and renumbered as section 456.032, Florida

  6  Statutes.

  7         Section 60.  Section 455.604, Florida Statutes, is

  8  transferred, renumbered as section 456.033, Florida Statutes,

  9  and amended to read:

10         456.033 455.604  Requirement for instruction for

11  certain licensees on human immunodeficiency virus and acquired

12  immune deficiency syndrome.--

13         (1)  The appropriate board shall require each person

14  licensed or certified under chapter 457; chapter 458; chapter

15  459; chapter 460; chapter 461; chapter 463; chapter 464;

16  chapter 465; chapter 466; part II, part III, part V, or part X

17  of chapter 468; or chapter 486 to complete a continuing

18  educational course, approved by the board, on human

19  immunodeficiency virus and acquired immune deficiency syndrome

20  as part of biennial relicensure or recertification. The course

21  shall consist of education on the modes of transmission,

22  infection control procedures, clinical management, and

23  prevention of human immunodeficiency virus and acquired immune

24  deficiency syndrome. Such course shall include information on

25  current Florida law on acquired immune deficiency syndrome and

26  its impact on testing, confidentiality of test results,

27  treatment of patients, and any protocols and procedures

28  applicable to human immunodeficiency virus counseling and

29  testing, reporting, the offering of HIV testing to pregnant

30  women, and partner notification issues pursuant to ss. 381.004

31  and 384.25.

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  1         (2)  Each such licensee or certificateholder shall

  2  submit confirmation of having completed said course, on a form

  3  as provided by the board, when submitting fees for each

  4  biennial renewal.

  5         (3)  The board shall have the authority to approve

  6  additional equivalent courses that may be used to satisfy the

  7  requirements in subsection (1).  Each licensing board that

  8  requires a licensee to complete an educational course pursuant

  9  to this section may count the hours required for completion of

10  the course included in the total continuing educational

11  requirements as required by law.

12         (4)  Any person holding two or more licenses subject to

13  the provisions of this section shall be permitted to show

14  proof of having taken one board-approved course on human

15  immunodeficiency virus and acquired immune deficiency

16  syndrome, for purposes of relicensure or recertification for

17  additional licenses.

18         (5)  Failure to comply with the above requirements

19  shall constitute grounds for disciplinary action under each

20  respective licensing chapter and s. 456.072(1)(e)

21  455.624(1)(e). In addition to discipline by the board, the

22  licensee shall be required to complete the course.

23         (6)  The board shall require as a condition of granting

24  a license under the chapters and parts specified in subsection

25  (1) that an applicant making initial application for licensure

26  complete an educational course acceptable to the board on

27  human immunodeficiency virus and acquired immune deficiency

28  syndrome. An applicant who has not taken a course at the time

29  of licensure shall, upon an affidavit showing good cause, be

30  allowed 6 months to complete this requirement.

31

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  1         (7)  The board shall have the authority to adopt rules

  2  to carry out the provisions of this section.

  3         (8)  The board shall report to the Legislature by March

  4  1 of each year as to the implementation and compliance with

  5  the requirements of this section.

  6         (9)  In lieu of completing a course as required in

  7  subsection (1), the licensee may complete a course in

  8  end-of-life care and palliative health care, so long as the

  9  licensee completed an approved AIDS/HIV course in the

10  immediately preceding biennium.

11         Section 61.  Section 455.607, Florida Statutes, is

12  transferred and renumbered as section 456.034, Florida

13  Statutes.

14         Section 62.  Section 455.717, Florida Statutes, is

15  transferred, renumbered as section 456.035, Florida Statutes,

16  and amended to read:

17         456.035 455.717  Address of record.--

18         (1)  Each licensee of the department is solely

19  responsible for notifying the department in writing of the

20  licensee's current mailing address and place of practice, as

21  defined by rule of the board or the department if there is no

22  board. A licensee's failure to notify the department of a

23  change of address constitutes a violation of this section, and

24  the licensee may be disciplined by the board or the department

25  if there is no board.

26         (2)  Notwithstanding any other law, service by regular

27  mail to a licensee's last known address of record with the

28  department constitutes adequate and sufficient notice to the

29  licensee for any official communication to the licensee by the

30  board or the department except when other service is required

31  under s. 456.076 455.707.

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  1         Section 63.  Section 455.711, Florida Statutes, is

  2  transferred, renumbered as section 456.036, Florida Statutes,

  3  and amended to read:

  4         456.036 455.711  Inactive and delinquent status.--

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

  6  licensee has an active status license. A licensee who

  7  practices a profession without an active status license is in

  8  violation of this section and s. 456.072 455.624, and the

  9  board, or the department if there is no board, may impose

10  discipline on the licensee.

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

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

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

14  licensee who changes from inactive to active status is not

15  eligible to return to inactive status until the licensee

16  thereafter completes a licensure cycle on active status.

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

18  board, shall by rule impose a fee for an inactive status

19  license which is no greater than the fee for an active status

20  license.

21         (4)  An inactive status licensee may change to active

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

23  active status, pays any additional licensure fees necessary to

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

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

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

27  education requirements as specified in this section.

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

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

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

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

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  1  before the license expires, the license becomes delinquent in

  2  the license cycle following expiration.

  3         (6)  A delinquent status licensee must affirmatively

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

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

  6  inactive status during the licensure cycle in which a licensee

  7  becomes delinquent. Failure by a delinquent status licensee to

  8  become active or inactive before the expiration of the current

  9  licensure cycle renders the license null without any further

10  action by the board or the department. Any subsequent

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

12  requirements imposed on an applicant for new licensure.

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

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

15  to exceed the biennial renewal fee for an active status

16  license, on a delinquent status licensee when such licensee

17  applies for active or inactive status.

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

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

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

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

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

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

24  board, may by rule impose reasonable conditions, excluding

25  full reexamination but including part of a national

26  examination or a special purpose examination to assess current

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

28  on inactive status for more than two consecutive biennial

29  licensure cycles and who applies for active status can

30  practice with the care and skill sufficient to protect the

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

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  1  requirements may differ depending on the length of time

  2  licensees are inactive. The costs to meet reactivation

  3  requirements shall be borne by licensees requesting

  4  reactivation.

  5         (10)  Before reactivation, an inactive or delinquent

  6  licensee must meet the same continuing education requirements,

  7  if any, imposed on an active status licensee for all biennial

  8  licensure periods in which the licensee was inactive or

  9  delinquent.

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

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

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

13  enforce discipline previously imposed on a licensee for acts

14  or omissions committed by the licensee while holding a

15  license, whether active, inactive, or delinquent.

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

17  establishment registered, permitted, or licensed by the

18  department to do business.

19         Section 64.  Section 455.712, Florida Statutes, is

20  transferred, renumbered as section 456.037, Florida Statutes,

21  and amended to read:

22         456.037 455.712  Business establishments; requirements

23  for active status licenses.--

24         (1)  A business establishment regulated by the Division

25  of Medical Quality Assurance pursuant to this chapter part may

26  provide regulated services only if the business establishment

27  has an active status license. A business establishment that

28  provides regulated services without an active status license

29  is in violation of this section and s. 456.072 455.624, and

30  the board, or the department if there is no board, may impose

31  discipline on the business establishment.

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  1         (2)  A business establishment must apply with a

  2  complete application, as defined by rule of the board, or the

  3  department if there is no board, to renew an active status

  4  license before the license expires. If a business

  5  establishment fails to renew before the license expires, the

  6  license becomes delinquent, except as otherwise provided in

  7  statute, in the license cycle following expiration.

  8         (3)  A delinquent business establishment must apply

  9  with a complete application, as defined by rule of the board,

10  or the department if there is no board, for active status

11  within 6 months after becoming delinquent. Failure of a

12  delinquent business establishment to renew the license within

13  the 6 months after the expiration date of the license renders

14  the license null without any further action by the board or

15  the department. Any subsequent licensure shall be as a result

16  of applying for and meeting all requirements imposed on a

17  business establishment for new licensure.

18         (4)  The status or a change in status of a business

19  establishment license does not alter in any way the right of

20  the board, or of the department if there is no board, to

21  impose discipline or to enforce discipline previously imposed

22  on a business establishment for acts or omissions committed by

23  the business establishment while holding a license, whether

24  active or null.

25         (5)  This section applies to any business establishment

26  registered, permitted, or licensed by the department to do

27  business. Business establishments include, but are not limited

28  to, dental laboratories, electrology facilities, massage

29  establishments, pharmacies, and health care services pools.

30

31

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  1         Section 65.  Section 455.714, Florida Statutes, is

  2  transferred and renumbered as section 456.038, Florida

  3  Statutes.

  4         Section 66.  Section 455.565, Florida Statutes, is

  5  transferred, renumbered as section 456.039, Florida Statutes,

  6  and amended to read:

  7         456.039 455.565  Designated health care professionals;

  8  information required for licensure.--

  9         (1)  Each person who applies for initial licensure as a

10  physician under chapter 458, chapter 459, chapter 460, or

11  chapter 461, except a person applying for registration

12  pursuant to ss. 458.345 and 459.021, must, at the time of

13  application, and each physician who applies for license

14  renewal under chapter 458, chapter 459, chapter 460, or

15  chapter 461, except a person registered pursuant to ss.

16  458.345 and 459.021, must, in conjunction with the renewal of

17  such license and under procedures adopted by the Department of

18  Health, and in addition to any other information that may be

19  required from the applicant, furnish the following information

20  to the Department of Health:

21         (a)1.  The name of each medical school that the

22  applicant has attended, with the dates of attendance and the

23  date of graduation, and a description of all graduate medical

24  education completed by the applicant, excluding any coursework

25  taken to satisfy medical licensure continuing education

26  requirements.

27         2.  The name of each hospital at which the applicant

28  has privileges.

29         3.  The address at which the applicant will primarily

30  conduct his or her practice.

31

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  1         4.  Any certification that the applicant has received

  2  from a specialty board that is recognized by the board to

  3  which the applicant is applying.

  4         5.  The year that the applicant began practicing

  5  medicine.

  6         6.  Any appointment to the faculty of a medical school

  7  which the applicant currently holds and an indication as to

  8  whether the applicant has had the responsibility for graduate

  9  medical education within the most recent 10 years.

10         7.  A description of any criminal offense of which the

11  applicant has been found guilty, regardless of whether

12  adjudication of guilt was withheld, or to which the applicant

13  has pled guilty or nolo contendere.  A criminal offense

14  committed in another jurisdiction which would have been a

15  felony or misdemeanor if committed in this state must be

16  reported. If the applicant indicates that a criminal offense

17  is under appeal and submits a copy of the notice for appeal of

18  that criminal offense, the department must state that the

19  criminal offense is under appeal if the criminal offense is

20  reported in the applicant's profile. If the applicant

21  indicates to the department that a criminal offense is under

22  appeal, the applicant must, upon disposition of the appeal,

23  submit to the department a copy of the final written order of

24  disposition.

25         8.  A description of any final disciplinary action

26  taken within the previous 10 years against the applicant by

27  the agency regulating the profession that the applicant is or

28  has been licensed to practice, whether in this state or in any

29  other jurisdiction, by a specialty board that is recognized by

30  the American Board of Medical Specialities, the American

31  Osteopathic Association, or a similar national organization,

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  1  or by a licensed hospital, health maintenance organization,

  2  prepaid health clinic, ambulatory surgical center, or nursing

  3  home.  Disciplinary action includes resignation from or

  4  nonrenewal of medical staff membership or the restriction of

  5  privileges at a licensed hospital, health maintenance

  6  organization, prepaid health clinic, ambulatory surgical

  7  center, or nursing home taken in lieu of or in settlement of a

  8  pending disciplinary case related to competence or character.

  9  If the applicant indicates that the disciplinary action is

10  under appeal and submits a copy of the document initiating an

11  appeal of the disciplinary action, the department must state

12  that the disciplinary action is under appeal if the

13  disciplinary action is reported in the applicant's profile.

14         (b)  In addition to the information required under

15  paragraph (a), each applicant who seeks licensure under

16  chapter 458, chapter 459, or chapter 461, and who has

17  practiced previously in this state or in another jurisdiction

18  or a foreign country must provide the information required of

19  licensees under those chapters pursuant to s. 456.049 455.697.

20  An applicant for licensure under chapter 460 who has practiced

21  previously in this state or in another jurisdiction or a

22  foreign country must provide the same information as is

23  required of licensees under chapter 458, pursuant to s.

24  456.049 455.697.

25         (2)  Before the issuance of the licensure renewal

26  notice required by s. 456.038 455.714, the Department of

27  Health shall send a notice to each person licensed under

28  chapter 458, chapter 459, chapter 460, or chapter 461, at the

29  licensee's last known address of record with the department,

30  regarding the requirements for information to be submitted by

31  those practitioners pursuant to this section in conjunction

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  1  with the renewal of such license and under procedures adopted

  2  by the department.

  3         (3)  Each person who has submitted information pursuant

  4  to subsection (1) must update that information in writing by

  5  notifying the Department of Health within 45 days after the

  6  occurrence of an event or the attainment of a status that is

  7  required to be reported by subsection (1). Failure to comply

  8  with the requirements of this subsection to update and submit

  9  information constitutes a ground for disciplinary action under

10  each respective licensing chapter and s. 456.072(1)(k)

11  455.624(1)(k). For failure to comply with the requirements of

12  this subsection to update and submit information, the

13  department or board, as appropriate, may:

14         (a)  Refuse to issue a license to any person applying

15  for initial licensure who fails to submit and update the

16  required information.

17         (b)  Issue a citation to any licensee who fails to

18  submit and update the required information and may fine the

19  licensee up to $50 for each day that the licensee is not in

20  compliance with this subsection. The citation must clearly

21  state that the licensee may choose, in lieu of accepting the

22  citation, to follow the procedure under s. 456.073 455.621. If

23  the licensee disputes the matter in the citation, the

24  procedures set forth in s. 456.073 455.621 must be followed.

25  However, if the licensee does not dispute the matter in the

26  citation with the department within 30 days after the citation

27  is served, the citation becomes a final order and constitutes

28  discipline. Service of a citation may be made by personal

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

30  at the licensee's last known address.

31

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  1         (4)(a)  An applicant for initial licensure must submit

  2  a set of fingerprints to the Department of Health in

  3  accordance with s. 458.311, s. 458.3115, s. 458.3124, s.

  4  458.313, s. 459.0055, s. 460.406, or s. 461.006.

  5         (b)  An applicant for renewed licensure must submit a

  6  set of fingerprints for the initial renewal of his or her

  7  license after January 1, 2000, to the agency regulating that

  8  profession in accordance with procedures established under s.

  9  458.319, s. 459.008, s. 460.407, or s. 461.007.

10         (c)  The Department of Health shall submit the

11  fingerprints provided by an applicant for initial licensure to

12  the Florida Department of Law Enforcement for a statewide

13  criminal history check, and the Florida Department of Law

14  Enforcement shall forward the fingerprints to the Federal

15  Bureau of Investigation for a national criminal history check

16  of the applicant. The department shall submit the fingerprints

17  provided by an applicant for a renewed license to the Florida

18  Department of Law Enforcement for a statewide criminal history

19  check, and the Florida Department of Law Enforcement shall

20  forward the fingerprints to the Federal Bureau of

21  Investigation for a national criminal history check for the

22  initial renewal of the applicant's license after January 1,

23  2000; for any subsequent renewal of the applicant's license,

24  the department shall submit the required information for a

25  statewide criminal history check of the applicant.

26         (5)  Each person who is required to submit information

27  pursuant to this section may submit additional information.

28  Such information may include, but is not limited to:

29         (a)  Information regarding publications in

30  peer-reviewed medical literature within the previous 10 years.

31

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  1         (b)  Information regarding professional or community

  2  service activities or awards.

  3         (c)  Languages, other than English, used by the

  4  applicant to communicate with patients and identification of

  5  any translating service that may be available at the place

  6  where the applicant primarily conducts his or her practice.

  7         (d)  An indication of whether the person participates

  8  in the Medicaid program.

  9         Section 67.  Section 455.5651, Florida Statutes, is

10  transferred, renumbered as section 456.041, Florida Statutes,

11  and amended to read:

12         456.041 455.5651  Practitioner profile; creation.--

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

14  shall compile the information submitted pursuant to s. 456.039

15  455.565 into a practitioner profile of the applicant

16  submitting the information, except that the Department of

17  Health may develop a format to compile uniformly any

18  information submitted under s. 456.039(4)(b) 455.565(4)(b).

19         (2)  On the profile required under subsection (1), the

20  department shall indicate if the information provided under s.

21  456.039(1)(a)7. 455.565(1)(a)7. is not corroborated by a

22  criminal history check conducted according to this subsection.

23  If the information provided under s. 456.039(1)(a)7.

24  455.565(1)(a)7. is corroborated by the criminal history check,

25  the fact that the criminal history check was performed need

26  not be indicated on the profile. The department, or the board

27  having regulatory authority over the practitioner acting on

28  behalf of the department, shall investigate any information

29  received by the department or the board when it has reasonable

30  grounds to believe that the practitioner has violated any law

31  that relates to the practitioner's practice.

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

  2  practitioner's practitioner profile that criminal information

  3  that directly relates to the practitioner's ability to

  4  competently practice his or her profession.  The department

  5  must include in each practitioner's practitioner profile the

  6  following statement:  "The criminal history information, if

  7  any exists, may be incomplete; federal criminal history

  8  information is not available to the public."

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

10  respect to a practitioner licensed under chapter 458 or

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

12  to comply with the financial responsibility requirements of s.

13  458.320 or s. 459.0085. The department shall include, with

14  respect to practitioners licensed under chapter 458, chapter

15  459, or chapter 461, information relating to liability actions

16  which has been reported under s. 456.049 455.697 or s. 627.912

17  within the previous 10 years for any paid claim that exceeds

18  $5,000. Such claims information shall be reported in the

19  context of comparing an individual practitioner's claims to

20  the experience of other physicians within the same specialty

21  to the extent such information is available to the Department

22  of Health. If information relating to a liability action is

23  included in a practitioner's practitioner profile, the profile

24  must also include the following statement:  "Settlement of a

25  claim may occur for a variety of reasons that do not

26  necessarily reflect negatively on the professional competence

27  or conduct of the physician.  A payment in settlement of a

28  medical malpractice action or claim should not be construed as

29  creating a presumption that medical malpractice has occurred."

30

31

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  1         (5)  The Department of Health may not include

  2  disciplinary action taken by a licensed hospital or an

  3  ambulatory surgical center in the practitioner profile.

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

  5  practitioner's practitioner profile any other information that

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

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

  8  profession.  However, the department must consult with the

  9  board having regulatory authority over the practitioner before

10  such information is included in his or her profile.

11         (7)  Upon the completion of a practitioner profile

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

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

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

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

16  Department of Health shall make the profile available to the

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

18  make the profiles available to the public through the World

19  Wide Web and other commonly used means of distribution.

20         (8)  Making a practitioner profile available to the

21  public under this section does not constitute agency action

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

23         Section 68.  Section 455.5652, Florida Statutes, is

24  transferred and renumbered as section 456.042, Florida

25  Statutes.

26         Section 69.  Section 455.5653, Florida Statutes, is

27  transferred, renumbered as section 456.043, Florida Statutes,

28  and amended to read:

29         456.043 455.5653  Practitioner profiles; data

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

31  Department of Health must develop or contract for a computer

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  1  system to accommodate the new data collection and storage

  2  requirements under this act pending the development and

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

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

  5  submitted by physicians as a part of their initial licensure

  6  or renewal to be compiled into individual practitioner

  7  profiles. The Department of Health must incorporate any data

  8  required by this act into the computer system used in

  9  conjunction with the regulation of health care professions

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

11  year 2000, a schedule and procedures for each practitioner

12  within a health care profession regulated within the Division

13  of Medical Quality Assurance to submit relevant information to

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

15  The Department of Health is authorized to contract with and

16  negotiate any interagency agreement necessary to develop and

17  implement the practitioner profiles. The Department of Health

18  shall have access to any information or record maintained by

19  the Agency for Health Care Administration, including any

20  information or record that is otherwise confidential and

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

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

23  may corroborate any information that physicians are required

24  to report under s. 456.039 455.565.

25         Section 70.  Section 455.5654, Florida Statutes, is

26  transferred, renumbered as section 456.044, Florida Statutes,

27  and amended to read:

28         456.044 455.5654  Practitioner profiles; rules;

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

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

31  practitioner profile that the agency is required to prepare.

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

  2  public workshops for purposes of rule development to implement

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

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

  5  submission of the information required under s. 456.039

  6  455.565.

  7         Section 71.  Sections 455.5655 and 455.5656, Florida

  8  Statutes, are transferred and renumbered as sections 456.045

  9  and 456.046, Florida Statutes, respectively.

10         Section 72.  Section 455.557, Florida Statutes, is

11  transferred, renumbered as section 456.047, Florida Statutes,

12  and amended to read:

13         456.047 455.557  Standardized credentialing for health

14  care practitioners.--

15         (1)  INTENT.--The Legislature recognizes that an

16  efficient and effective health care practitioner credentialing

17  program helps to ensure access to quality health care and also

18  recognizes that health care practitioner credentialing

19  activities have increased significantly as a result of health

20  care reform and recent changes in health care delivery and

21  reimbursement systems. Moreover, the resulting duplication of

22  health care practitioner credentialing activities is

23  unnecessarily costly and cumbersome for both the practitioner

24  and the entity granting practice privileges. Therefore, it is

25  the intent of this section that a credentials collection

26  program be established which provides that, once a health care

27  practitioner's core credentials data are collected, they need

28  not be collected again, except for corrections, updates, and

29  modifications thereto. Participation under this section shall

30  initially include those individuals licensed under chapter

31  458, chapter 459, chapter 460, or chapter 461. However, the

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  1  department shall, with the approval of the applicable board,

  2  include other professions under the jurisdiction of the

  3  Division of Medical Quality Assurance in this program,

  4  provided they meet the requirements of s. 456.039 455.565.

  5         (2)  DEFINITIONS.--As used in this section, the term:

  6         (a)  "Advisory council" or "council" means the

  7  Credentials Advisory Council.

  8         (b)  "Certified" or "accredited," as applicable, means

  9  approved by a quality assessment program, from the National

10  Committee for Quality Assurance, the Joint Commission on

11  Accreditation of Healthcare Organizations, the American

12  Accreditation HealthCare Commission/URAC, or any such other

13  nationally recognized and accepted organization authorized by

14  the department, used to assess and certify any credentials

15  verification program, entity, or organization that verifies

16  the credentials of any health care practitioner.

17         (c)  "Core credentials data" means the following data:

18  current name, any former name, and any alias, any professional

19  education, professional training, licensure, current Drug

20  Enforcement Administration certification, social security

21  number, specialty board certification, Educational Commission

22  for Foreign Medical Graduates certification, hospital or other

23  institutional affiliations, evidence of professional liability

24  coverage or evidence of financial responsibility as required

25  by s. 458.320 or s. 459.0085, history of claims, suits,

26  judgments, or settlements, final disciplinary action reported

27  pursuant to s. 456.039(1)(a)8. 455.565(1)(a)8., and Medicare

28  or Medicaid sanctions.

29         (d)  "Credential" or "credentialing" means the process

30  of assessing and verifying the qualifications of a licensed

31

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  1  health care practitioner or applicant for licensure as a

  2  health care practitioner.

  3         (e)  "Credentials verification organization" means any

  4  organization certified or accredited as a credentials

  5  verification organization.

  6         (f)  "Department" means the Department of Health,

  7  Division of Medical Quality Assurance.

  8         (g)  "Designated credentials verification organization"

  9  means the credentials verification organization which is

10  selected by the health care practitioner, if the health care

11  practitioner chooses to make such a designation.

12         (h)  "Drug Enforcement Administration certification"

13  means certification issued by the Drug Enforcement

14  Administration for purposes of administration or prescription

15  of controlled substances. Submission of such certification

16  under this section must include evidence that the

17  certification is current and must also include all current

18  addresses to which the certificate is issued.

19         (i)  "Health care entity" means:

20         1.  Any health care facility or other health care

21  organization licensed or certified to provide approved medical

22  and allied health services in this state;

23         2.  Any entity licensed by the Department of Insurance

24  as a prepaid health care plan or health maintenance

25  organization or as an insurer to provide coverage for health

26  care services through a network of providers; or

27         3.  Any accredited medical school in this state.

28         (j)  "Health care practitioner" means any person

29  licensed, or, for credentialing purposes only, any person

30  applying for licensure, under chapter 458, chapter 459,

31  chapter 460, or chapter 461 or any person licensed or applying

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  1  for licensure under a chapter subsequently made subject to

  2  this section by the department with the approval of the

  3  applicable board, except a person registered or applying for

  4  registration pursuant to s. 458.345 or s. 459.021.

  5         (k)  "Hospital or other institutional affiliations"

  6  means each hospital or other institution for which the health

  7  care practitioner or applicant has provided medical services.

  8  Submission of such information under this section must

  9  include, for each hospital or other institution, the name and

10  address of the hospital or institution, the staff status of

11  the health care practitioner or applicant at that hospital or

12  institution, and the dates of affiliation with that hospital

13  or institution.

14         (l)  "National accrediting organization" means an

15  organization that awards accreditation or certification to

16  hospitals, managed care organizations, credentials

17  verification organizations, or other health care

18  organizations, including, but not limited to, the Joint

19  Commission on Accreditation of Healthcare Organizations, the

20  American Accreditation HealthCare Commission/URAC, and the

21  National Committee for Quality Assurance.

22         (m)  "Professional training" means any internship,

23  residency, or fellowship relating to the profession for which

24  the health care practitioner is licensed or seeking licensure.

25         (n)  "Specialty board certification" means

26  certification in a specialty issued by a specialty board

27  recognized by the board in this state that regulates the

28  profession for which the health care practitioner is licensed

29  or seeking licensure.

30         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

31         (a)  Every health care practitioner shall:

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  1         1.  Report all core credentials data to the department

  2  which is not already on file with the department, either by

  3  designating a credentials verification organization to submit

  4  the data or by submitting the data directly.

  5         2.  Notify the department within 45 days of any

  6  corrections, updates, or modifications to the core credentials

  7  data either through his or her designated credentials

  8  verification organization or by submitting the data directly.

  9  Corrections, updates, and modifications to the core

10  credentials data provided the department under this section

11  shall comply with the updating requirements of s. 456.039(3)

12  455.565(3) related to profiling.

13         (b)  The department shall:

14         1.  Maintain a complete, current file of core

15  credentials data on each health care practitioner, which shall

16  include all updates provided in accordance with subparagraph

17  (a)2.

18         2.  Release the core credentials data that is otherwise

19  confidential or exempt from the provisions of chapter 119 and

20  s. 24(a), Art. I of the State Constitution and any

21  corrections, updates, and modifications thereto, if authorized

22  by the health care practitioner.

23         3.  Charge a fee to access the core credentials data,

24  which may not exceed the actual cost, including prorated setup

25  and operating costs, pursuant to the requirements of chapter

26  119. The actual cost shall be set in consultation with the

27  advisory council.

28         4.  Develop, in consultation with the advisory council,

29  standardized forms to be used by the health care practitioner

30  or designated credentials verification organization for the

31  initial reporting of core credentials data, for the health

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  1  care practitioner to authorize the release of core credentials

  2  data, and for the subsequent reporting of corrections,

  3  updates, and modifications thereto.

  4         5.  Establish a Credentials Advisory Council,

  5  consisting of 13 members, to assist the department as provided

  6  in this section. The secretary, or his or her designee, shall

  7  serve as one member and chair of the council and shall appoint

  8  the remaining 12 members. Except for any initial lesser term

  9  required to achieve staggering, such appointments shall be for

10  4-year staggered terms, with one 4-year reappointment, as

11  applicable. Three members shall represent hospitals, and two

12  members shall represent health maintenance organizations. One

13  member shall represent health insurance entities. One member

14  shall represent the credentials verification industry. Two

15  members shall represent physicians licensed under chapter 458.

16  One member shall represent osteopathic physicians licensed

17  under chapter 459. One member shall represent chiropractic

18  physicians licensed under chapter 460. One member shall

19  represent podiatric physicians licensed under chapter 461.

20         (c)  A registered credentials verification organization

21  may be designated by a health care practitioner to assist the

22  health care practitioner to comply with the requirements of

23  subparagraph (a)2. A designated credentials verification

24  organization shall:

25         1.  Timely comply with the requirements of subparagraph

26  (a)2., pursuant to rules adopted by the department.

27         2.  Not provide the health care practitioner's core

28  data, including all corrections, updates, and modifications,

29  without the authorization of the practitioner.

30         (d)  This section shall not be construed to restrict in

31  any way the authority of the health care entity to credential

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  1  and to approve or deny an application for hospital staff

  2  membership, clinical privileges, or managed care network

  3  participation.

  4         (4)  DUPLICATION OF DATA PROHIBITED.--

  5         (a)  A health care entity or credentials verification

  6  organization is prohibited from collecting or attempting to

  7  collect duplicate core credentials data from any health care

  8  practitioner if the information is available from the

  9  department. This section shall not be construed to restrict

10  the right of any health care entity or credentials

11  verification organization to collect additional information

12  from the health care practitioner which is not included in the

13  core credentials data file. This section shall not be

14  construed to prohibit a health care entity or credentials

15  verification organization from obtaining all necessary

16  attestation and release form signatures and dates.

17         (b)  Effective July 1, 2002, a state agency in this

18  state which credentials health care practitioners may not

19  collect or attempt to collect duplicate core credentials data

20  from any individual health care practitioner if the

21  information is already available from the department. This

22  section shall not be construed to restrict the right of any

23  such state agency to request additional information not

24  included in the core credential data file, but which is deemed

25  necessary for the agency's specific credentialing purposes.

26         (5)  STANDARDS AND REGISTRATION.--Any credentials

27  verification organization that does business in this state

28  must be fully accredited or certified as a credentials

29  verification organization by a national accrediting

30  organization as specified in paragraph (2)(b) and must

31  register with the department. The department may charge a

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  1  reasonable registration fee, set in consultation with the

  2  advisory council, not to exceed an amount sufficient to cover

  3  its actual expenses in providing and enforcing such

  4  registration. The department shall establish by rule for

  5  biennial renewal of such registration. Failure by a registered

  6  credentials verification organization to maintain full

  7  accreditation or certification, to provide data as authorized

  8  by the health care practitioner, to report to the department

  9  changes, updates, and modifications to a health care

10  practitioner's records within the time period specified in

11  subparagraph (3)(a)2., or to comply with the prohibition

12  against collection of duplicate core credentials data from a

13  practitioner may result in denial of an application for

14  renewal of registration or in revocation or suspension of a

15  registration.

16         (6)  LIABILITY.--No civil, criminal, or administrative

17  action may be instituted, and there shall be no liability,

18  against any registered credentials verification organization

19  or health care entity on account of its reliance on any data

20  obtained directly from the department.

21         (7)  LIABILITY INSURANCE REQUIREMENTS.--Each

22  credentials verification organization doing business in this

23  state shall maintain liability insurance appropriate to meet

24  the certification or accreditation requirements established in

25  this section.

26         (8)  RULES.--The department, in consultation with the

27  advisory council, shall adopt rules necessary to develop and

28  implement the standardized core credentials data collection

29  program established by this section.

30         (9)  COUNCIL ABOLISHED; DEPARTMENT AUTHORITY.--The

31  council shall be abolished October 1, 1999. After the council

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  1  is abolished, all duties of the department required under this

  2  section to be in consultation with the council may be carried

  3  out by the department on its own.

  4         Section 73.  Section 455.694, Florida Statutes, is

  5  transferred, renumbered as section 456.048, Florida Statutes,

  6  and amended to read:

  7         456.048 455.694  Financial responsibility requirements

  8  for certain health care practitioners.--

  9         (1)  As a prerequisite for licensure or license

10  renewal, the Board of Acupuncture, the Board of Chiropractic

11  Medicine, the Board of Podiatric Medicine, and the Board of

12  Dentistry shall, by rule, require that all health care

13  practitioners licensed under the respective board, and the

14  Board of Nursing shall, by rule, require that advanced

15  registered nurse practitioners certified under s. 464.012, and

16  the department shall, by rule, require that midwives maintain

17  medical malpractice insurance or provide proof of financial

18  responsibility in an amount and in a manner determined by the

19  board or department to be sufficient to cover claims arising

20  out of the rendering of or failure to render professional care

21  and services in this state.

22         (2)  The board or department may grant exemptions upon

23  application by practitioners meeting any of the following

24  criteria:

25         (a)  Any person licensed under chapter 457, chapter

26  460, chapter 461, s. 464.012, chapter 466, or chapter 467 who

27  practices exclusively as an officer, employee, or agent of the

28  Federal Government or of the state or its agencies or its

29  subdivisions.  For the purposes of this subsection, an agent

30  of the state, its agencies, or its subdivisions is a person

31  who is eligible for coverage under any self-insurance or

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  1  insurance program authorized by the provisions of s.

  2  768.28(15) or who is a volunteer under s. 110.501(1).

  3         (b)  Any person whose license or certification has

  4  become inactive under chapter 457, chapter 460, chapter 461,

  5  chapter 464, chapter 466, or chapter 467 and who is not

  6  practicing in this state.  Any person applying for

  7  reactivation of a license must show either that such licensee

  8  maintained tail insurance coverage which provided liability

  9  coverage for incidents that occurred on or after October 1,

10  1993, or the initial date of licensure in this state,

11  whichever is later, and incidents that occurred before the

12  date on which the license became inactive; or such licensee

13  must submit an affidavit stating that such licensee has no

14  unsatisfied medical malpractice judgments or settlements at

15  the time of application for reactivation.

16         (c)  Any person holding a limited license pursuant to

17  s. 456.015 455.561, and practicing under the scope of such

18  limited license.

19         (d)  Any person licensed or certified under chapter

20  457, chapter 460, chapter 461, s. 464.012, chapter 466, or

21  chapter 467 who practices only in conjunction with his or her

22  teaching duties at an accredited school or in its main

23  teaching hospitals. Such person may engage in the practice of

24  medicine to the extent that such practice is incidental to and

25  a necessary part of duties in connection with the teaching

26  position in the school.

27         (e)  Any person holding an active license or

28  certification under chapter 457, chapter 460, chapter 461, s.

29  464.012, chapter 466, or chapter 467 who is not practicing in

30  this state.  If such person initiates or resumes practice in

31

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  1  this state, he or she must notify the department of such

  2  activity.

  3         (f)  Any person who can demonstrate to the board or

  4  department that he or she has no malpractice exposure in the

  5  state.

  6         (3)  Notwithstanding the provisions of this section,

  7  the financial responsibility requirements of ss. 458.320 and

  8  459.0085 shall continue to apply to practitioners licensed

  9  under those chapters.

10         Section 74.  Section 455.697, Florida Statutes, is

11  transferred and renumbered as section 456.049, Florida

12  Statutes.

13         Section 75.  Section 455.698, Florida Statutes, is

14  transferred, renumbered as section 456.051, Florida Statutes,

15  and amended to read:

16         456.051 455.698  Reports of professional liability

17  actions; bankruptcies; Department of Health's responsibility

18  to provide.--

19         (1)  The report of a claim or action for damages for

20  personal injury which is required to be provided to the

21  Department of Health under s. 456.049 455.697 or s. 627.912 is

22  public information except for the name of the claimant or

23  injured person, which remains confidential as provided in ss.

24  456.049(2)(d) 455.697(2)(d) and 627.912(2)(e).  The Department

25  of Health shall, upon request, make such report available to

26  any person.

27         (2)  Any information in the possession of the

28  Department of Health which relates to a bankruptcy proceeding

29  by a practitioner of medicine licensed under chapter 458, a

30  practitioner of osteopathic medicine licensed under chapter

31  459, a podiatric physician licensed under chapter 461, or a

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  1  dentist licensed under chapter 466 is public information. The

  2  Department of Health shall, upon request, make such

  3  information available to any person.

  4         Section 76.  Section 455.701, Florida Statutes, is

  5  transferred and renumbered as section 456.052, Florida

  6  Statutes.

  7         Section 77.  Section 455.654, Florida Statutes, is

  8  transferred, renumbered as section 456.053, Florida Statutes,

  9  and amended to read:

10         456.053 455.654  Financial arrangements between

11  referring health care providers and providers of health care

12  services.--

13         (1)  SHORT TITLE.--This section may be cited as the

14  "Patient Self-Referral Act of 1992."

15         (2)  LEGISLATIVE INTENT.--It is recognized by the

16  Legislature that the referral of a patient by a health care

17  provider to a provider of health care services in which the

18  referring health care provider has an investment interest

19  represents a potential conflict of interest.  The Legislature

20  finds these referral practices may limit or eliminate

21  competitive alternatives in the health care services market,

22  may result in overutilization of health care services, may

23  increase costs to the health care system, and may adversely

24  affect the quality of health care.  The Legislature also

25  recognizes, however, that it may be appropriate for providers

26  to own entities providing health care services, and to refer

27  patients to such entities, as long as certain safeguards are

28  present in the arrangement.  It is the intent of the

29  Legislature to provide guidance to health care providers

30  regarding prohibited patient referrals between health care

31  providers and entities providing health care services and to

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  1  protect the people of Florida from unnecessary and costly

  2  health care expenditures.

  3         (3)  DEFINITIONS.--For the purpose of this section, the

  4  word, phrase, or term:

  5         (a)  "Board" means any of the following boards relating

  6  to the respective professions: the Board of Medicine as

  7  created in s. 458.307; the Board of Osteopathic Medicine as

  8  created in s. 459.004; the Board of Chiropractic Medicine as

  9  created in s. 460.404; the Board of Podiatric Medicine as

10  created in s. 461.004; the Board of Optometry as created in s.

11  463.003; the Board of Pharmacy as created in s. 465.004; and

12  the Board of Dentistry as created in s. 466.004.

13         (b)  "Comprehensive rehabilitation services" means

14  services that are provided by health care professionals

15  licensed under part I or part III of chapter 468 or chapter

16  486 to provide speech, occupational, or physical therapy

17  services on an outpatient or ambulatory basis.

18         (c)  "Designated health services" means, for purposes

19  of this section, clinical laboratory services, physical

20  therapy services, comprehensive rehabilitative services,

21  diagnostic-imaging services, and radiation therapy services.

22         (d)  "Diagnostic imaging services" means magnetic

23  resonance imaging, nuclear medicine, angiography,

24  arteriography, computed tomography, positron emission

25  tomography, digital vascular imaging, bronchography,

26  lymphangiography, splenography, ultrasound, EEG, EKG, nerve

27  conduction studies, and evoked potentials.

28         (e)  "Direct supervision" means supervision by a

29  physician who is present in the office suite and immediately

30  available to provide assistance and direction throughout the

31  time services are being performed.

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  1         (f)  "Entity" means any individual, partnership, firm,

  2  corporation, or other business entity.

  3         (g)  "Fair market value" means value in arms length

  4  transactions, consistent with the general market value, and,

  5  with respect to rentals or leases, the value of rental

  6  property for general commercial purposes, not taking into

  7  account its intended use, and, in the case of a lease of

  8  space, not adjusted to reflect the additional value the

  9  prospective lessee or lessor would attribute to the proximity

10  or convenience to the lessor where the lessor is a potential

11  source of patient referrals to the lessee.

12         (h)  "Group practice" means a group of two or more

13  health care providers legally organized as a partnership,

14  professional corporation, or similar association:

15         1.  In which each health care provider who is a member

16  of the group provides substantially the full range of services

17  which the health care provider routinely provides, including

18  medical care, consultation, diagnosis, or treatment, through

19  the joint use of shared office space, facilities, equipment,

20  and personnel;

21         2.  For which substantially all of the services of the

22  health care providers who are members of the group are

23  provided through the group and are billed in the name of the

24  group and amounts so received are treated as receipts of the

25  group; and

26         3.  In which the overhead expenses of and the income

27  from the practice are distributed in accordance with methods

28  previously determined by members of the group.

29         (i)  "Health care provider" means any physician

30  licensed under chapter 458, chapter 459, chapter 460, or

31

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  1  chapter 461, or any health care provider licensed under

  2  chapter 463 or chapter 466.

  3         (j)  "Immediate family member" means a health care

  4  provider's spouse, child, child's spouse, grandchild,

  5  grandchild's spouse, parent, parent-in-law, or sibling.

  6         (k)  "Investment interest" means an equity or debt

  7  security issued by an entity, including, without limitation,

  8  shares of stock in a corporation, units or other interests in

  9  a partnership, bonds, debentures, notes, or other equity

10  interests or debt instruments. The following investment

11  interests shall be excepted from this definition:

12         1.  An investment interest in an entity that is the

13  sole provider of designated health services in a rural area;

14         2.  An investment interest in notes, bonds, debentures,

15  or other debt instruments issued by an entity which provides

16  designated health services, as an integral part of a plan by

17  such entity to acquire such investor's equity investment

18  interest in the entity, provided that the interest rate is

19  consistent with fair market value, and that the maturity date

20  of the notes, bonds, debentures, or other debt instruments

21  issued by the entity to the investor is not later than October

22  1, 1996.

23         3.  An investment interest in real property resulting

24  in a landlord-tenant relationship between the health care

25  provider and the entity in which the equity interest is held,

26  unless the rent is determined, in whole or in part, by the

27  business volume or profitability of the tenant or exceeds fair

28  market value; or

29         4.  An investment interest in an entity which owns or

30  leases and operates a hospital licensed under chapter 395 or a

31  nursing home facility licensed under chapter 400.

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  1         (l)  "Investor" means a person or entity owning a legal

  2  or beneficial ownership or investment interest, directly or

  3  indirectly, including, without limitation, through an

  4  immediate family member, trust, or another entity related to

  5  the investor within the meaning of 42 C.F.R. s. 413.17, in an

  6  entity.

  7         (m)  "Outside referral for diagnostic imaging services"

  8  means a referral of a patient to a group practice or sole

  9  provider for diagnostic imaging services by a physician who is

10  not a member of the group practice or of the sole provider's

11  practice and who does not have an investment interest in the

12  group practice or sole provider's practice, for which the

13  group practice or sole provider billed for both the technical

14  and the professional fee for the patient, and the patient did

15  not become a patient of the group practice or sole provider's

16  practice.

17         (n)  "Patient of a group practice" or "patient of a

18  sole provider" means a patient who receives a physical

19  examination, evaluation, diagnosis, and development of a

20  treatment plan if medically necessary by a physician who is a

21  member of the group practice or the sole provider's practice.

22         (o)  "Referral" means any referral of a patient by a

23  health care provider for health care services, including,

24  without limitation:

25         1.  The forwarding of a patient by a health care

26  provider to another health care provider or to an entity which

27  provides or supplies designated health services or any other

28  health care item or service; or

29         2.  The request or establishment of a plan of care by a

30  health care provider, which includes the provision of

31

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  1  designated health services or other health care item or

  2  service.

  3         3.  The following orders, recommendations, or plans of

  4  care shall not constitute a referral by a health care

  5  provider:

  6         a.  By a radiologist for diagnostic-imaging services.

  7         b.  By a physician specializing in the provision of

  8  radiation therapy services for such services.

  9         c.  By a medical oncologist for drugs and solutions to

10  be prepared and administered intravenously to such

11  oncologist's patient, as well as for the supplies and

12  equipment used in connection therewith to treat such patient

13  for cancer and the complications thereof.

14         d.  By a cardiologist for cardiac catheterization

15  services.

16         e.  By a pathologist for diagnostic clinical laboratory

17  tests and pathological examination services, if furnished by

18  or under the supervision of such pathologist pursuant to a

19  consultation requested by another physician.

20         f.  By a health care provider who is the sole provider

21  or member of a group practice for designated health services

22  or other health care items or services that are prescribed or

23  provided solely for such referring health care provider's or

24  group practice's own patients, and that are provided or

25  performed by or under the direct supervision of such referring

26  health care provider or group practice; provided, however,

27  that effective July 1, 1999, a physician licensed pursuant to

28  chapter 458, chapter 459, chapter 460, or chapter 461 may

29  refer a patient to a sole provider or group practice for

30  diagnostic imaging services, excluding radiation therapy

31  services, for which the sole provider or group practice billed

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  1  both the technical and the professional fee for or on behalf

  2  of the patient, if the referring physician has no investment

  3  interest in the practice. The diagnostic imaging service

  4  referred to a group practice or sole provider must be a

  5  diagnostic imaging service normally provided within the scope

  6  of practice to the patients of the group practice or sole

  7  provider. The group practice or sole provider may accept no

  8  more that 15 percent of their patients receiving diagnostic

  9  imaging services from outside referrals, excluding radiation

10  therapy services.

11         g.  By a health care provider for services provided by

12  an ambulatory surgical center licensed under chapter 395.

13         h.  By a health care provider for diagnostic clinical

14  laboratory services where such services are directly related

15  to renal dialysis.

16         i.  By a urologist for lithotripsy services.

17         j.  By a dentist for dental services performed by an

18  employee of or health care provider who is an independent

19  contractor with the dentist or group practice of which the

20  dentist is a member.

21         k.  By a physician for infusion therapy services to a

22  patient of that physician or a member of that physician's

23  group practice.

24         l.  By a nephrologist for renal dialysis services and

25  supplies.

26         (p)  "Present in the office suite" means that the

27  physician is actually physically present; provided, however,

28  that the health care provider is considered physically present

29  during brief unexpected absences as well as during routine

30  absences of a short duration if the absences occur during time

31  periods in which the health care provider is otherwise

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  1  scheduled and ordinarily expected to be present and the

  2  absences do not conflict with any other requirement in the

  3  Medicare program for a particular level of health care

  4  provider supervision.

  5         (q)  "Rural area" means a county with a population

  6  density of no greater than 100 persons per square mile, as

  7  defined by the United States Census.

  8         (r)  "Sole provider" means one health care provider

  9  licensed under chapter 458, chapter 459, chapter 460, or

10  chapter 461, who maintains a separate medical office and a

11  medical practice separate from any other health care provider

12  and who bills for his or her services separately from the

13  services provided by any other health care provider. A sole

14  provider shall not share overhead expenses or professional

15  income with any other person or group practice.

16         (4)  REQUIREMENTS FOR ACCEPTING OUTSIDE REFERRALS FOR

17  DIAGNOSTIC IMAGING.--

18         (a)  A group practice or sole provider accepting

19  outside referrals for diagnostic imaging services is required

20  to comply with the following conditions:

21         1.  Diagnostic imaging services must be provided

22  exclusively by a group practice physician or by a full-time or

23  part-time employee of the group practice or of the sole

24  provider's practice.

25         2.  All equity in the group practice or sole provider's

26  practice accepting outside referrals for diagnostic imaging

27  must be held by the physicians comprising the group practice

28  or the sole provider's practice, each of whom must provide at

29  least 75 percent of his professional services to the group.

30  Alternatively, the group must be incorporated under chapter

31  617 and must be exempt under the provisions of s. 501(c)(3) of

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  1  the Internal Revenue Code and be part of a foundation in

  2  existence prior to January 1, 1999, that is created for the

  3  purpose of patient care, medical education, and research.

  4         3.  A group practice or sole provider may not enter

  5  into, extend or renew any contract with a practice management

  6  company that provides any financial incentives, directly or

  7  indirectly, based on an increase in outside referrals for

  8  diagnostic imaging services from any group or sole provider

  9  managed by the same practice management company.

10         4.  The group practice or sole provider accepting

11  outside referrals for diagnostic imaging services must bill

12  for both the professional and technical component of the

13  service on behalf of the patient, and no portion of the

14  payment, or any type of consideration, either directly or

15  indirectly, may be shared with the referring physician.

16         5.  Group practices or sole providers that have a

17  Medicaid provider agreement with the Agency for Health Care

18  Administration must furnish diagnostic imaging services to

19  their Medicaid patients and may not refer a Medicaid recipient

20  to a hospital for outpatient diagnostic imaging services

21  unless the physician furnishes the hospital with documentation

22  demonstrating the medical necessity for such a referral. If

23  necessary, the Agency for Health Care Administration may apply

24  for a federal waiver to implement this subparagraph.

25         6.  All group practices and sole providers accepting

26  outside referrals for diagnostic imaging shall report annually

27  to the Agency for Health Care Administration providing the

28  number of outside referrals accepted for diagnostic imaging

29  services and the total number of all patients receiving

30  diagnostic imaging services.

31

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  1         (b)  If a group practice or sole provider accepts an

  2  outside referral for diagnostic imaging services in violation

  3  of this subsection or if a group practice or sole provider

  4  accepts outside referrals for diagnostic imaging services in

  5  excess of the percentage limitation established in

  6  subparagraph (a)2., the group practice or the sole provider

  7  shall be subject to the penalties in subsection (5).

  8         (c)  Each managing physician member of a group practice

  9  and each sole provider who accepts outside referrals for

10  diagnostic imaging services shall submit an annual attestation

11  signed under oath to the Agency for Health Care Administration

12  which shall include the annual report required under

13  subparagraph (a)6. and which shall further confirm that each

14  group practice or sole provider is in compliance with the

15  percentage limitations for accepting outside referrals and the

16  requirements for accepting outside referrals listed in

17  paragraph (a). The agency may verify the report submitted by

18  group practices and sole providers.

19         (5)  PROHIBITED REFERRALS AND CLAIMS FOR

20  PAYMENT.--Except as provided in this section:

21         (a)  A health care provider may not refer a patient for

22  the provision of designated health services to an entity in

23  which the health care provider is an investor or has an

24  investment interest.

25         (b)  A health care provider may not refer a patient for

26  the provision of any other health care item or service to an

27  entity in which the health care provider is an investor

28  unless:

29         1.  The provider's investment interest is in registered

30  securities purchased on a national exchange or

31

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  1  over-the-counter market and issued by a publicly held

  2  corporation:

  3         a.  Whose shares are traded on a national exchange or

  4  on the over-the-counter market; and

  5         b.  Whose total assets at the end of the corporation's

  6  most recent fiscal quarter exceeded $50 million; or

  7         2.  With respect to an entity other than a publicly

  8  held corporation described in subparagraph 1., and a referring

  9  provider's investment interest in such entity, each of the

10  following requirements are met:

11         a.  No more than 50 percent of the value of the

12  investment interests are held by investors who are in a

13  position to make referrals to the entity.

14         b.  The terms under which an investment interest is

15  offered to an investor who is in a position to make referrals

16  to the entity are no different from the terms offered to

17  investors who are not in a position to make such referrals.

18         c.  The terms under which an investment interest is

19  offered to an investor who is in a position to make referrals

20  to the entity are not related to the previous or expected

21  volume of referrals from that investor to the entity.

22         d.  There is no requirement that an investor make

23  referrals or be in a position to make referrals to the entity

24  as a condition for becoming or remaining an investor.

25         3.  With respect to either such entity or publicly held

26  corporation:

27         a.  The entity or corporation does not loan funds to or

28  guarantee a loan for an investor who is in a position to make

29  referrals to the entity or corporation if the investor uses

30  any part of such loan to obtain the investment interest.

31

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  1         b.  The amount distributed to an investor representing

  2  a return on the investment interest is directly proportional

  3  to the amount of the capital investment, including the fair

  4  market value of any preoperational services rendered, invested

  5  in the entity or corporation by that investor.

  6         4.  Each board and, in the case of hospitals, the

  7  Agency for Health Care Administration, shall encourage the use

  8  by licensees of the declaratory statement procedure to

  9  determine the applicability of this section or any rule

10  adopted pursuant to this section as it applies solely to the

11  licensee. Boards shall submit to the Agency for Health Care

12  Administration the name of any entity in which a provider

13  investment interest has been approved pursuant to this

14  section, and the Agency for Health Care Administration shall

15  adopt rules providing for periodic quality assurance and

16  utilization review of such entities.

17         (c)  No claim for payment may be presented by an entity

18  to any individual, third-party payor, or other entity for a

19  service furnished pursuant to a referral prohibited under this

20  section.

21         (d)  If an entity collects any amount that was billed

22  in violation of this section, the entity shall refund such

23  amount on a timely basis to the payor or individual, whichever

24  is applicable.

25         (e)  Any person that presents or causes to be presented

26  a bill or a claim for service that such person knows or should

27  know is for a service for which payment may not be made under

28  paragraph (c), or for which a refund has not been made under

29  paragraph (d), shall be subject to a civil penalty of not more

30  than $15,000 for each such service to be imposed and collected

31  by the appropriate board.

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  1         (f)  Any health care provider or other entity that

  2  enters into an arrangement or scheme, such as a cross-referral

  3  arrangement, which the physician or entity knows or should

  4  know has a principal purpose of assuring referrals by the

  5  physician to a particular entity which, if the physician

  6  directly made referrals to such entity, would be in violation

  7  of this section, shall be subject to a civil penalty of not

  8  more than $100,000 for each such circumvention arrangement or

  9  scheme to be imposed and collected by the appropriate board.

10         (g)  A violation of this section by a health care

11  provider shall constitute grounds for disciplinary action to

12  be taken by the applicable board pursuant to s. 458.331(2), s.

13  459.015(2), s. 460.413(2), s. 461.013(2), s. 463.016(2), or s.

14  466.028(2).  Any hospital licensed under chapter 395 found in

15  violation of this section shall be subject to the rules

16  adopted by the Agency for Health Care Administration pursuant

17  to s. 395.0185(2).

18         (h)  Any hospital licensed under chapter 395 that

19  discriminates against or otherwise penalizes a health care

20  provider for compliance with this act.

21         (i)  The provision of paragraph (a) shall not apply to

22  referrals to the offices of radiation therapy centers managed

23  by an entity or subsidiary or general partner thereof, which

24  performed radiation therapy services at those same offices

25  prior to April 1, 1991, and shall not apply also to referrals

26  for radiation therapy to be performed at no more than one

27  additional office of any entity qualifying for the foregoing

28  exception which, prior to February 1, 1992, had a binding

29  purchase contract on and a nonrefundable deposit paid for a

30  linear accelerator to be used at the additional office.  The

31  physical site of the radiation treatment centers affected by

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  1  this provision may be relocated as a result of the following

  2  factors: acts of God; fire; strike; accident; war; eminent

  3  domain actions by any governmental body; or refusal by the

  4  lessor to renew a lease.  A relocation for the foregoing

  5  reasons is limited to relocation of an existing facility to a

  6  replacement location within the county of the existing

  7  facility upon written notification to the Office of Licensure

  8  and Certification.

  9         (j)  A health care provider who meets the requirements

10  of paragraphs (b) and (i) must disclose his or her investment

11  interest to his or her patients as provided in s. 456.052

12  455.701.

13         Section 78.  Sections 455.657, 455.684, and 455.691,

14  Florida Statutes, are transferred and renumbered as sections

15  456.054, 456.055, and 456.056, Florida Statutes, respectively.

16         Section 79.  Section 455.667, Florida Statutes, is

17  transferred, renumbered as section 456.057, Florida Statutes,

18  and amended to read:

19         456.057 455.667  Ownership and control of patient

20  records; report or copies of records to be furnished.--

21         (1)  As used in this section, the term "records owner"

22  means any health care practitioner who generates a medical

23  record after making a physical or mental examination of, or

24  administering treatment or dispensing legend drugs to, any

25  person; any health care practitioner to whom records are

26  transferred by a previous records owner; or any health care

27  practitioner's employer, including, but not limited to, group

28  practices and staff-model health maintenance organizations,

29  provided the employment contract or agreement between the

30  employer and the health care practitioner designates the

31  employer as the records owner.

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  1         (2)  As used in this section, the terms "records

  2  owner," "health care practitioner," and "health care

  3  practitioner's employer" do not include any of the following

  4  persons or entities; furthermore, the following persons or

  5  entities are not authorized to acquire or own medical records,

  6  but are authorized under the confidentiality and disclosure

  7  requirements of this section to maintain those documents

  8  required by the part or chapter under which they are licensed

  9  or regulated:

10         (a)  Certified nursing assistants regulated under s.

11  400.211.

12         (b)  Pharmacists and pharmacies licensed under chapter

13  465.

14         (c)  Dental hygienists licensed under s. 466.023.

15         (d)  Nursing home administrators licensed under part II

16  of chapter 468.

17         (e)  Respiratory therapists regulated under part V of

18  chapter 468.

19         (f)  Athletic trainers licensed under part XIII of

20  chapter 468.

21         (g)  Electrologists licensed under chapter 478.

22         (h)  Clinical laboratory personnel licensed under part

23  III of chapter 483.

24         (i)  Medical physicists licensed under part IV of

25  chapter 483.

26         (j)  Opticians and optical establishments licensed or

27  permitted under part I of chapter 484.

28         (k)  Persons or entities practicing under s.

29  627.736(7).

30         (3)  This section does not apply to facilities licensed

31  under chapter 395.

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  1         (4)  Any health care practitioner licensed by the

  2  department or a board within the department who makes a

  3  physical or mental examination of, or administers treatment or

  4  dispenses legend drugs to, any person shall, upon request of

  5  such person or the person's legal representative, furnish, in

  6  a timely manner, without delays for legal review, copies of

  7  all reports and records relating to such examination or

  8  treatment, including X rays and insurance information.

  9  However, when a patient's psychiatric, chapter 490

10  psychological, or chapter 491 psychotherapeutic records are

11  requested by the patient or the patient's legal

12  representative, the health care practitioner may provide a

13  report of examination and treatment in lieu of copies of

14  records.  Upon a patient's written request, complete copies of

15  the patient's psychiatric records shall be provided directly

16  to a subsequent treating psychiatrist. The furnishing of such

17  report or copies shall not be conditioned upon payment of a

18  fee for services rendered.

19         (5)  Except as otherwise provided in this section and

20  in s. 440.13(4)(c), such records may not be furnished to, and

21  the medical condition of a patient may not be discussed with,

22  any person other than the patient or the patient's legal

23  representative or other health care practitioners and

24  providers involved in the care or treatment of the patient,

25  except upon written authorization of the patient. However,

26  such records may be furnished without written authorization

27  under the following circumstances:

28         (a)  To any person, firm, or corporation that has

29  procured or furnished such examination or treatment with the

30  patient's consent.

31

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  1         (b)  When compulsory physical examination is made

  2  pursuant to Rule 1.360, Florida Rules of Civil Procedure, in

  3  which case copies of the medical records shall be furnished to

  4  both the defendant and the plaintiff.

  5         (c)  In any civil or criminal action, unless otherwise

  6  prohibited by law, upon the issuance of a subpoena from a

  7  court of competent jurisdiction and proper notice to the

  8  patient or the patient's legal representative by the party

  9  seeking such records.

10         (d)  For statistical and scientific research, provided

11  the information is abstracted in such a way as to protect the

12  identity of the patient or provided written permission is

13  received from the patient or the patient's legal

14  representative.

15         (6)  Except in a medical negligence action or

16  administrative proceeding when a health care practitioner or

17  provider is or reasonably expects to be named as a defendant,

18  information disclosed to a health care practitioner by a

19  patient in the course of the care and treatment of such

20  patient is confidential and may be disclosed only to other

21  health care practitioners and providers involved in the care

22  or treatment of the patient, or if permitted by written

23  authorization from the patient or compelled by subpoena at a

24  deposition, evidentiary hearing, or trial for which proper

25  notice has been given.

26         (7)(a)1.  The department may obtain patient records

27  pursuant to a subpoena without written authorization from the

28  patient if the department and the probable cause panel of the

29  appropriate board, if any, find reasonable cause to believe

30  that a health care practitioner has excessively or

31  inappropriately prescribed any controlled substance specified

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  1  in chapter 893 in violation of this chapter part or any

  2  professional practice act or that a health care practitioner

  3  has practiced his or her profession below that level of care,

  4  skill, and treatment required as defined by this chapter part

  5  or any professional practice act and also find that

  6  appropriate, reasonable attempts were made to obtain a patient

  7  release.

  8         2.  The department may obtain patient records and

  9  insurance information pursuant to a subpoena without written

10  authorization from the patient if the department and the

11  probable cause panel of the appropriate board, if any, find

12  reasonable cause to believe that a health care practitioner

13  has provided inadequate medical care based on termination of

14  insurance and also find that appropriate, reasonable attempts

15  were made to obtain a patient release.

16         3.  The department may obtain patient records, billing

17  records, insurance information, provider contracts, and all

18  attachments thereto pursuant to a subpoena without written

19  authorization from the patient if the department and probable

20  cause panel of the appropriate board, if any, find reasonable

21  cause to believe that a health care practitioner has submitted

22  a claim, statement, or bill using a billing code that would

23  result in payment greater in amount than would be paid using a

24  billing code that accurately describes the services performed,

25  requested payment for services that were not performed by that

26  health care practitioner, used information derived from a

27  written report of an automobile accident generated pursuant to

28  chapter 316 to solicit or obtain patients personally or

29  through an agent regardless of whether the information is

30  derived directly from the report or a summary of that report

31  or from another person, solicited patients fraudulently,

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  1  received a kickback as defined in s. 456.054 455.657, violated

  2  the patient brokering provisions of s. 817.505, or presented

  3  or caused to be presented a false or fraudulent insurance

  4  claim within the meaning of s. 817.234(1)(a), and also find

  5  that, within the meaning of s. 817.234(1)(a), patient

  6  authorization cannot be obtained because the patient cannot be

  7  located or is deceased, incapacitated, or suspected of being a

  8  participant in the fraud or scheme, and if the subpoena is

  9  issued for specific and relevant records.

10         (b)  Patient records, billing records, insurance

11  information, provider contracts, and all attachments thereto

12  obtained by the department pursuant to this subsection shall

13  be used solely for the purpose of the department and the

14  appropriate regulatory board in disciplinary proceedings. This

15  section does not limit the assertion of the

16  psychotherapist-patient privilege under s. 90.503 in regard to

17  records of treatment for mental or nervous disorders by a

18  medical practitioner licensed pursuant to chapter 458 or

19  chapter 459 who has primarily diagnosed and treated mental and

20  nervous disorders for a period of not less than 3 years,

21  inclusive of psychiatric residency. However, the health care

22  practitioner shall release records of treatment for medical

23  conditions even if the health care practitioner has also

24  treated the patient for mental or nervous disorders. If the

25  department has found reasonable cause under this section and

26  the psychotherapist-patient privilege is asserted, the

27  department may petition the circuit court for an in camera

28  review of the records by expert medical practitioners

29  appointed by the court to determine if the records or any part

30  thereof are protected under the psychotherapist-patient

31  privilege.

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  1         (8)  All patient records obtained by the department and

  2  any other documents maintained by the department which

  3  identify the patient by name are confidential and exempt from

  4  s. 119.07(1) and shall be used solely for the purpose of the

  5  department and the appropriate regulatory board in its

  6  investigation, prosecution, and appeal of disciplinary

  7  proceedings. The records shall not be available to the public

  8  as part of the record of investigation for and prosecution in

  9  disciplinary proceedings made available to the public by the

10  department or the appropriate board.

11         (9)  All records owners shall develop and implement

12  policies, standards, and procedures to protect the

13  confidentiality and security of the medical record.  Employees

14  of records owners shall be trained in these policies,

15  standards, and procedures.

16         (10)  Records owners are responsible for maintaining a

17  record of all disclosures of information contained in the

18  medical record to a third party, including the purpose of the

19  disclosure request.  The record of disclosure may be

20  maintained in the medical record.  The third party to whom

21  information is disclosed is prohibited from further disclosing

22  any information in the medical record without the expressed

23  written consent of the patient or the patient's legal

24  representative.

25         (11)  Notwithstanding the provisions of s. 456.058

26  455.677, records owners shall place an advertisement in the

27  local newspaper or notify patients, in writing, when they are

28  terminating practice, retiring, or relocating, and no longer

29  available to patients, and offer patients the opportunity to

30  obtain a copy of their medical record.

31

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  1         (12)  Notwithstanding the provisions of s. 456.058

  2  455.677, records owners shall notify the appropriate board

  3  office when they are terminating practice, retiring, or

  4  relocating, and no longer available to patients, specifying

  5  who the new records owner is and where medical records can be

  6  found.

  7         (13)  Whenever a records owner has turned records over

  8  to a new records owner, the new records owner shall be

  9  responsible for providing a copy of the complete medical

10  record, upon written request, of the patient or the patient's

11  legal representative.

12         (14)  Licensees in violation of the provisions of this

13  section shall be disciplined by the appropriate licensing

14  authority.

15         (15)  The Attorney General is authorized to enforce the

16  provisions of this section for records owners not otherwise

17  licensed by the state, through injunctive relief and fines not

18  to exceed $5,000 per violation.

19         (16)  A health care practitioner or records owner

20  furnishing copies of reports or records or making the reports

21  or records available for digital scanning pursuant to this

22  section shall charge no more than the actual cost of copying,

23  including reasonable staff time, or the amount specified in

24  administrative rule by the appropriate board, or the

25  department when there is no board.

26         (17)  Nothing in this section shall be construed to

27  limit health care practitioner consultations, as necessary.

28         (18)  A records owner shall release to a health care

29  practitioner who, as an employee of the records owner,

30  previously provided treatment to a patient, those records that

31  the health care practitioner actually created or generated

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  1  when the health care practitioner treated the patient.

  2  Records released pursuant to this subsection shall be released

  3  only upon written request of the health care practitioner and

  4  shall be limited to the notes, plans of care, and orders and

  5  summaries that were actually generated by the health care

  6  practitioner requesting the record.

  7         Section 80.  Section 455.677, Florida Statutes, is

  8  transferred and renumbered as section 456.058, Florida

  9  Statutes.

10         Section 81.  Section 455.671, Florida Statutes, is

11  transferred, renumbered as section 456.059, Florida Statutes,

12  and amended to read:

13         456.059 455.671  Communications confidential;

14  exceptions.--Communications between a patient and a

15  psychiatrist, as defined in s. 394.455, shall be held

16  confidential and shall not be disclosed except upon the

17  request of the patient or the patient's legal representative.

18  Provision of psychiatric records and reports shall be governed

19  by s. 456.057 455.667. Notwithstanding any other provision of

20  this section or s. 90.503, where:

21         (1)  A patient is engaged in a treatment relationship

22  with a psychiatrist;

23         (2)  Such patient has made an actual threat to

24  physically harm an identifiable victim or victims; and

25         (3)  The treating psychiatrist makes a clinical

26  judgment that the patient has the apparent capability to

27  commit such an act and that it is more likely than not that in

28  the near future the patient will carry out that threat,

29

30  the psychiatrist may disclose patient communications to the

31  extent necessary to warn any potential victim or to

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  1  communicate the threat to a law enforcement agency.  No civil

  2  or criminal action shall be instituted, and there shall be no

  3  liability on account of disclosure of otherwise confidential

  4  communications by a psychiatrist in disclosing a threat

  5  pursuant to this section.

  6         Section 82.  Sections 455.674, 455.664, and 455.567,

  7  Florida Statutes, are transferred and renumbered as sections

  8  456.061, 456.062, and 456.063, Florida Statutes, respectively.

  9         Section 83.  Section 455.641, Florida Statutes, is

10  transferred, renumbered as section 456.064, Florida Statutes,

11  and amended to read:

12         456.064 455.641  Unlicensed activities; fees;

13  disposition.--In order to protect the public and to ensure a

14  consumer-oriented department, it is the intent of the

15  Legislature that vigorous enforcement of regulation for all

16  professional activities is a state priority. All enforcement

17  costs should be covered by professions regulated by the

18  department. Therefore, the department shall impose, upon

19  initial licensure and each renewal thereof, a special fee of

20  $5 per licensee. Such fee shall be in addition to all other

21  fees collected from each licensee and shall fund efforts to

22  combat unlicensed activity. The board with concurrence of the

23  department, or the department when there is no board, may

24  earmark $5 of the current licensure fee for this purpose, if

25  such board, or profession regulated by the department, is not

26  in a deficit and has a reasonable cash balance. The department

27  shall make direct charges to this fund by profession and shall

28  not allocate indirect overhead. The department shall seek

29  board advice regarding enforcement methods and strategies

30  prior to expenditure of funds. The department shall directly

31  credit, by profession, revenues received from the department's

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  1  efforts to enforce licensure provisions. The department shall

  2  include all financial and statistical data resulting from

  3  unlicensed activity enforcement as a separate category in the

  4  quarterly management report provided for in s. 456.025

  5  455.587. The department shall not charge the account of any

  6  profession for the costs incurred on behalf of any other

  7  profession. For an unlicensed activity account, a balance

  8  which remains at the end of a renewal cycle may, with

  9  concurrence of the applicable board and the department, be

10  transferred to the operating fund account of that profession.

11         Section 84.  Section 455.637, Florida Statutes, is

12  transferred, renumbered as section 456.065, Florida Statutes,

13  and amended to read:

14         456.065 455.637  Unlicensed practice of a profession;

15  cease and desist notice; civil penalty; enforcement;

16  citations; allocation of moneys collected.--

17         (1)  When the department has probable cause to believe

18  that any person not licensed by the department, or the

19  appropriate regulatory board within the department, has

20  violated any provision of this chapter part or any statute

21  that relates to the practice of a profession regulated by the

22  department, or any rule adopted pursuant thereto, the

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

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

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

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

27  profession by employing such unlicensed person. The issuance

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

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

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

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

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  1  seeking issuance of an injunction or a writ of mandamus

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

  3  In addition to the foregoing remedies, the department may

  4  impose an administrative penalty not to exceed $5,000 per

  5  incident pursuant to the provisions of chapter 120 or may

  6  issue a citation pursuant to the provisions of subsection (3).

  7  If the department is required to seek enforcement of the

  8  agency order for a penalty pursuant to s. 120.569, it shall be

  9  entitled to collect its attorney's fees and costs, together

10  with any cost of collection.

11         (2)  In addition to or in lieu of any remedy provided

12  in subsection (1), the department may seek the imposition of a

13  civil penalty through the circuit court for any violation for

14  which the department may issue a notice to cease and desist

15  under subsection (1). The civil penalty shall be no less than

16  $500 and no more than $5,000 for each offense. The court may

17  also award to the prevailing party court costs and reasonable

18  attorney fees and, in the event the department prevails, may

19  also award reasonable costs of investigation.

20         (3)(a)  Notwithstanding the provisions of s. 456.073

21  455.621, the department shall adopt rules to permit the

22  issuance of citations for unlicensed practice of a profession.

23  The citation shall be issued to the subject and shall contain

24  the subject's name and any other information the department

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

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

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

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

29  follow the procedure under s. 456.073 455.621. If the subject

30  disputes the matter in the citation, the procedures set forth

31  in s. 456.073 455.621 must be followed. However, if the

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  1  subject does not dispute the matter in the citation with the

  2  department within 30 days after the citation is served, the

  3  citation shall become a final order of the department. The

  4  penalty shall be a fine of not less than $500 or more than

  5  $5,000 or other conditions as established by rule.

  6         (b)  Each day that the unlicensed practice continues

  7  after issuance of a citation constitutes a separate violation.

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

  9  costs of investigation, in addition to any penalty provided

10  according to department rule as part of the penalty levied

11  pursuant to the citation.

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

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

14  at the subject's last known address.

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

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

17  professions in the manner provided for in s. 456.064 455.641

18  for the allocation of the fees assessed and collected to

19  combat unlicensed practice of a profession.

20         (5)  The provisions of this section apply only to the

21  professional practice acts administered by the department.

22         Section 85.  Section 455.634, Florida Statutes, is

23  transferred and renumbered as section 456.066, Florida

24  Statutes.

25         Section 86.  Section 455.631, Florida Statutes, is

26  transferred, renumbered as section 456.067, Florida Statutes,

27  and amended to read:

28         456.067 455.631  Penalty for giving false

29  information.--In addition to, or in lieu of, any other

30  discipline imposed pursuant to s. 456.072 455.624, the act of

31  knowingly giving false information in the course of applying

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  1  for or obtaining a license from the department, or any board

  2  thereunder, with intent to mislead a public servant in the

  3  performance of his or her official duties, or the act of

  4  attempting to obtain or obtaining a license from the

  5  department, or any board thereunder, to practice a profession

  6  by knowingly misleading statements or knowing

  7  misrepresentations constitutes a felony of the third degree,

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

  9  775.084.

10         Section 87.  Section 455.699, Florida Statutes, is

11  transferred and renumbered as section 456.068, Florida

12  Statutes.

13         Section 88.  Section 455.681, Florida Statutes, is

14  transferred, renumbered as section 456.069, Florida Statutes,

15  and amended to read:

16         456.069 455.681  Authority to inspect.--In addition to

17  the authority specified in s. 465.017, duly authorized agents

18  and employees of the department shall have the power to

19  inspect in a lawful manner at all reasonable hours:

20         (1)  Any pharmacy; or

21         (2)  Any establishment at which the services of a

22  licensee authorized to prescribe controlled substances

23  specified in chapter 893 are offered,

24

25  for the purpose of determining if any of the provisions of

26  this chapter part or any practice act of a profession or any

27  rule adopted thereunder is being violated; or for the purpose

28  of securing such other evidence as may be needed for

29  prosecution.

30

31

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  1         Section 89.  Section 455.611, Florida Statutes, is

  2  transferred and renumbered as section 456.071, Florida

  3  Statutes.

  4         Section 90.  Section 455.624, Florida Statutes, is

  5  transferred, renumbered as section 456.072, Florida Statutes,

  6  and amended to read:

  7         456.072 455.624  Grounds for discipline; penalties;

  8  enforcement.--

  9         (1)  The following acts shall constitute grounds for

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

11  be taken:

12         (a)  Making misleading, deceptive, or fraudulent

13  representations in or related to the practice of the

14  licensee's profession.

15         (b)  Intentionally violating any rule adopted by the

16  board or the department, as appropriate.

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

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

19  crime in any jurisdiction which relates to the practice of, or

20  the ability to practice, a licensee's profession.

21         (d)  Using a Class III or a Class IV laser device or

22  product, as defined by federal regulations, without having

23  complied with the rules adopted pursuant to s. 501.122(2)

24  governing the registration of such devices.

25         (e)  Failing to comply with the educational course

26  requirements for human immunodeficiency virus and acquired

27  immune deficiency syndrome.

28         (f)  Having a license or the authority to practice the

29  regulated profession revoked, suspended, or otherwise acted

30  against, including the denial of licensure, by the licensing

31  authority of any jurisdiction, including its agencies or

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  1  subdivisions, for a violation that would constitute a

  2  violation under Florida law. The licensing authority's

  3  acceptance of a relinquishment of licensure, stipulation,

  4  consent order, or other settlement, offered in response to or

  5  in anticipation of the filing of charges against the license,

  6  shall be construed as action against the license.

  7         (g)  Having been found liable in a civil proceeding for

  8  knowingly filing a false report or complaint with the

  9  department against another licensee.

10         (h)  Attempting to obtain, obtaining, or renewing a

11  license to practice a profession by bribery, by fraudulent

12  misrepresentation, or through an error of the department or

13  the board.

14         (i)  Except as provided in s. 465.016, failing to

15  report to the department any person who the licensee knows is

16  in violation of this chapter part, the chapter regulating the

17  alleged violator, or the rules of the department or the board.

18         (j)  Aiding, assisting, procuring, employing, or

19  advising any unlicensed person or entity to practice a

20  profession contrary to this chapter part, the chapter

21  regulating the profession, or the rules of the department or

22  the board.

23         (k)  Failing to perform any statutory or legal

24  obligation placed upon a licensee.

25         (l)  Making or filing a report which the licensee knows

26  to be false, intentionally or negligently failing to file a

27  report or record required by state or federal law, or

28  willfully impeding or obstructing another person to do so.

29  Such reports or records shall include only those that are

30  signed in the capacity of a licensee.

31

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  1         (m)  Making deceptive, untrue, or fraudulent

  2  representations in or related to the practice of a profession

  3  or employing a trick or scheme in or related to the practice

  4  of a profession.

  5         (n)  Exercising influence on the patient or client for

  6  the purpose of financial gain of the licensee or a third

  7  party.

  8         (o)  Practicing or offering to practice beyond the

  9  scope permitted by law or accepting and performing

10  professional responsibilities the licensee knows, or has

11  reason to know, the licensee is not competent to perform.

12         (p)  Delegating or contracting for the performance of

13  professional responsibilities by a person when the licensee

14  delegating or contracting for performance of such

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

16  not qualified by training, experience, and authorization when

17  required to perform them.

18         (q)  Violating any provision of this chapter part, the

19  applicable professional practice act, a rule of the department

20  or the board, or a lawful order of the department or the

21  board, or failing to comply with a lawfully issued subpoena of

22  the department.

23         (r)  Improperly interfering with an investigation or

24  inspection authorized by statute, or with any disciplinary

25  proceeding.

26         (s)  Failing to comply with the educational course

27  requirements for domestic violence.

28         (t)  Failing to comply with the requirements of ss.

29  381.026 and 381.0261 to provide patients with information

30  about their patient rights and how to file a patient

31  complaint.

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  1         (u)  Engaging or attempting to engage a patient or

  2  client in verbal or physical sexual activity. For the purposes

  3  of this section, a patient or client shall be presumed to be

  4  incapable of giving free, full, and informed consent to verbal

  5  or physical sexual activity.

  6         (v)  Failing to comply with the requirements for

  7  profiling and credentialing, including, but not limited to,

  8  failing to provide initial information, failing to timely

  9  provide updated information, or making misleading, untrue,

10  deceptive, or fraudulent representations on a profile,

11  credentialing, or initial or renewal licensure application.

12         (w)  Failing to report to the board, or the department

13  if there is no board, in writing within 30 days after the

14  licensee has been convicted or found guilty of, or entered a

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

16  crime in any jurisdiction. Convictions, findings,

17  adjudications, and pleas entered into prior to the enactment

18  of this paragraph must be reported in writing to the board, or

19  department if there is no board, on or before October 1, 1999.

20         (x)  Using information about people involved in motor

21  vehicle accidents which has been derived from accident reports

22  made by law enforcement officers or persons involved in

23  accidents pursuant to s. 316.066, or using information

24  published in a newspaper or other news publication or through

25  a radio or television broadcast that has used information

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

27  any other solicitation whatsoever of the people involved in

28  such accidents.

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

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

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

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  1  practice act, including conduct constituting a substantial

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

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

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

  5  penalties:

  6         (a)  Refusal to certify, or to certify with

  7  restrictions, an application for a license.

  8         (b)  Suspension or permanent revocation of a license.

  9         (c)  Restriction of practice.

10         (d)  Imposition of an administrative fine not to exceed

11  $10,000 for each count or separate offense.

12         (e)  Issuance of a reprimand.

13         (f)  Placement of the licensee on probation for a

14  period of time and subject to such conditions as the board, or

15  the department when there is no board, may specify. Those

16  conditions may include, but are not limited to, requiring the

17  licensee to undergo treatment, attend continuing education

18  courses, submit to be reexamined, work under the supervision

19  of another licensee, or satisfy any terms which are reasonably

20  tailored to the violations found.

21         (g)  Corrective action.

22         (h)  Imposition of an administrative fine in accordance

23  with s. 381.0261 for violations regarding patient rights.

24

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

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

27  sanctions are necessary to protect the public or to compensate

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

29  the disciplining authority consider and include in the order

30  requirements designed to rehabilitate the practitioner. All

31

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  1  costs associated with compliance with orders issued under this

  2  subsection are the obligation of the practitioner.

  3         (3)  Notwithstanding subsection (2), if the ground for

  4  disciplinary action is the first-time failure of the licensee

  5  to satisfy continuing education requirements established by

  6  the board, or by the department if there is no board, the

  7  board or department, as applicable, shall issue a citation in

  8  accordance with s. 456.077 455.617 and assess a fine, as

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

10  for each hour of continuing education not completed or

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

12  require the licensee to take 1 additional hour of continuing

13  education for each hour not completed or completed late.

14         (4)  In addition to any other discipline imposed

15  pursuant to this section or discipline imposed for a violation

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

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

18  prosecution of the case. In any case where the board or the

19  department imposes a fine or assessment and the fine or

20  assessment is not paid within a reasonable time, such

21  reasonable time to be prescribed in the rules of the board, or

22  the department when there is no board, or in the order

23  assessing such fines or costs, the department or the

24  Department of Legal Affairs may contract for the collection

25  of, or bring a civil action to recover, the fine or

26  assessment.

27         (5)  In addition to, or in lieu of, any other remedy or

28  criminal prosecution, the department may file a proceeding in

29  the name of the state seeking issuance of an injunction or a

30  writ of mandamus against any person who violates any of the

31  provisions of this chapter part, or any provision of law with

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  1  respect to professions regulated by the department, or any

  2  board therein, or the rules adopted pursuant thereto.

  3         (6)  In the event the board, or the department when

  4  there is no board, determines that revocation of a license is

  5  the appropriate penalty, the revocation shall be permanent.

  6  However, the board may establish by rule requirements for

  7  reapplication by applicants whose licenses have been

  8  permanently revoked. Such requirements may include, but shall

  9  not be limited to, satisfying current requirements for an

10  initial license.

11         Section 91.  Section 455.621, Florida Statutes, is

12  transferred, renumbered as section 456.073, Florida Statutes,

13  and amended to read:

14         456.073 455.621  Disciplinary

15  proceedings.--Disciplinary proceedings for each board shall be

16  within the jurisdiction of the department.

17         (1)  The department, for the boards under its

18  jurisdiction, shall cause to be investigated any complaint

19  that is filed before it if the complaint is in writing, signed

20  by the complainant, and legally sufficient. A complaint is

21  legally sufficient if it contains ultimate facts that show

22  that a violation of this chapter part, of any of the practice

23  acts relating to the professions regulated by the department,

24  or of any rule adopted by the department or a regulatory board

25  in the department has occurred. In order to determine legal

26  sufficiency, the department may require supporting information

27  or documentation. The department may investigate, and the

28  department or the appropriate board may take appropriate final

29  action on, a complaint even though the original complainant

30  withdraws it or otherwise indicates a desire not to cause the

31  complaint to be investigated or prosecuted to completion. The

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  1  department may investigate an anonymous complaint if the

  2  complaint is in writing and is legally sufficient, if the

  3  alleged violation of law or rules is substantial, and if the

  4  department has reason to believe, after preliminary inquiry,

  5  that the violations alleged in the complaint are true. The

  6  department may investigate a complaint made by a confidential

  7  informant if the complaint is legally sufficient, if the

  8  alleged violation of law or rule is substantial, and if the

  9  department has reason to believe, after preliminary inquiry,

10  that the allegations of the complainant are true. The

11  department may initiate an investigation if it has reasonable

12  cause to believe that a licensee or a group of licensees has

13  violated a Florida statute, a rule of the department, or a

14  rule of a board. Except as provided in ss. 458.331(9),

15  459.015(9), 460.413(5), and 461.013(6), when an investigation

16  of any subject is undertaken, the department shall promptly

17  furnish to the subject or the subject's attorney a copy of the

18  complaint or document that resulted in the initiation of the

19  investigation. The subject may submit a written response to

20  the information contained in such complaint or document within

21  20 days after service to the subject of the complaint or

22  document. The subject's written response shall be considered

23  by the probable cause panel. The right to respond does not

24  prohibit the issuance of a summary emergency order if

25  necessary to protect the public. However, if the secretary, or

26  the secretary's designee, and the chair of the respective

27  board or the chair of its probable cause panel agree in

28  writing that such notification would be detrimental to the

29  investigation, the department may withhold notification. The

30  department may conduct an investigation without notification

31

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  1  to any subject if the act under investigation is a criminal

  2  offense.

  3         (2)  The department shall allocate sufficient and

  4  adequately trained staff to expeditiously and thoroughly

  5  determine legal sufficiency and investigate all legally

  6  sufficient complaints. For purposes of this section, it is the

  7  intent of the Legislature that the term "expeditiously" means

  8  that the department complete the report of its initial

  9  investigative findings and recommendations concerning the

10  existence of probable cause within 6 months after its receipt

11  of the complaint. The failure of the department, for

12  disciplinary cases under its jurisdiction, to comply with the

13  time limits of this section while investigating a complaint

14  against a licensee constitutes harmless error in any

15  subsequent disciplinary action unless a court finds that

16  either the fairness of the proceeding or the correctness of

17  the action may have been impaired by a material error in

18  procedure or a failure to follow prescribed procedure.  When

19  its investigation is complete and legally sufficient, the

20  department shall prepare and submit to the probable cause

21  panel of the appropriate regulatory board the investigative

22  report of the department. The report shall contain the

23  investigative findings and the recommendations of the

24  department concerning the existence of probable cause. At any

25  time after legal sufficiency is found, the department may

26  dismiss any case, or any part thereof, if the department

27  determines that there is insufficient evidence to support the

28  prosecution of allegations contained therein. The department

29  shall provide a detailed report to the appropriate probable

30  cause panel prior to dismissal of any case or part thereof,

31  and to the subject of the complaint after dismissal of any

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  1  case or part thereof, under this section. For cases dismissed

  2  prior to a finding of probable cause, such report is

  3  confidential and exempt from s. 119.07(1). The probable cause

  4  panel shall have access, upon request, to the investigative

  5  files pertaining to a case prior to dismissal of such case. If

  6  the department dismisses a case, the probable cause panel may

  7  retain independent legal counsel, employ investigators, and

  8  continue the investigation and prosecution of the case as it

  9  deems necessary.

10         (3)  As an alternative to the provisions of subsections

11  (1) and (2), when a complaint is received, the department may

12  provide a licensee with a notice of noncompliance for an

13  initial offense of a minor violation. Each board, or the

14  department if there is no board, shall establish by rule those

15  minor violations under this provision which do not endanger

16  the public health, safety, and welfare and which do not

17  demonstrate a serious inability to practice the profession.

18  Failure of a licensee to take action in correcting the

19  violation within 15 days after notice may result in the

20  institution of regular disciplinary proceedings.

21         (4)  The determination as to whether probable cause

22  exists shall be made by majority vote of a probable cause

23  panel of the board, or by the department, as appropriate. Each

24  regulatory board shall provide by rule that the determination

25  of probable cause shall be made by a panel of its members or

26  by the department. Each board may provide by rule for multiple

27  probable cause panels composed of at least two members. Each

28  board may provide by rule that one or more members of the

29  panel or panels may be a former board member. The length of

30  term or repetition of service of any such former board member

31  on a probable cause panel may vary according to the direction

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  1  of the board when authorized by board rule. Any probable cause

  2  panel must include one of the board's former or present

  3  consumer members, if one is available, is willing to serve,

  4  and is authorized to do so by the board chair. Any probable

  5  cause panel must include a present board member. Any probable

  6  cause panel must include a former or present professional

  7  board member. However, any former professional board member

  8  serving on the probable cause panel must hold an active valid

  9  license for that profession. All proceedings of the panel are

10  exempt from s. 286.011 until 10 days after probable cause has

11  been found to exist by the panel or until the subject of the

12  investigation waives his or her privilege of confidentiality.

13  The probable cause panel may make a reasonable request, and

14  upon such request the department shall provide such additional

15  investigative information as is necessary to the determination

16  of probable cause. A request for additional investigative

17  information shall be made within 15 days from the date of

18  receipt by the probable cause panel of the investigative

19  report of the department or the agency. The probable cause

20  panel or the department, as may be appropriate, shall make its

21  determination of probable cause within 30 days after receipt

22  by it of the final investigative report of the department. The

23  secretary may grant extensions of the 15-day and the 30-day

24  time limits. In lieu of a finding of probable cause, the

25  probable cause panel, or the department if there is no board,

26  may issue a letter of guidance to the subject. If, within the

27  30-day time limit, as may be extended, the probable cause

28  panel does not make a determination regarding the existence of

29  probable cause or does not issue a letter of guidance in lieu

30  of a finding of probable cause, the department must make a

31  determination regarding the existence of probable cause within

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  1  10 days after the expiration of the time limit.  If the

  2  probable cause panel finds that probable cause exists, it

  3  shall direct the department to file a formal complaint against

  4  the licensee. The department shall follow the directions of

  5  the probable cause panel regarding the filing of a formal

  6  complaint. If directed to do so, the department shall file a

  7  formal complaint against the subject of the investigation and

  8  prosecute that complaint pursuant to chapter 120. However, the

  9  department may decide not to prosecute the complaint if it

10  finds that probable cause has been improvidently found by the

11  panel. In such cases, the department shall refer the matter to

12  the board. The board may then file a formal complaint and

13  prosecute the complaint pursuant to chapter 120. The

14  department shall also refer to the board any investigation or

15  disciplinary proceeding not before the Division of

16  Administrative Hearings pursuant to chapter 120 or otherwise

17  completed by the department within 1 year after the filing of

18  a complaint. The department, for disciplinary cases under its

19  jurisdiction, must establish a uniform reporting system to

20  quarterly refer to each board the status of any investigation

21  or disciplinary proceeding that is not before the Division of

22  Administrative Hearings or otherwise completed by the

23  department within 1 year after the filing of the complaint.

24  Annually, the department if there is no board, or each board

25  must establish a plan to reduce or otherwise close any

26  investigation or disciplinary proceeding that is not before

27  the Division of Administrative Hearings or otherwise completed

28  by the department within 1 year after the filing of the

29  complaint.  A probable cause panel or a board may retain

30  independent legal counsel, employ investigators, and continue

31  the investigation as it deems necessary; all costs thereof

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  1  shall be paid from a trust fund used by the department to

  2  implement this chapter part.  All proceedings of the probable

  3  cause panel are exempt from s. 120.525.

  4         (5)  A formal hearing before an administrative law

  5  judge from the Division of Administrative Hearings shall be

  6  held pursuant to chapter 120 if there are any disputed issues

  7  of material fact. The administrative law judge shall issue a

  8  recommended order pursuant to chapter 120. If any party raises

  9  an issue of disputed fact during an informal hearing, the

10  hearing shall be terminated and a formal hearing pursuant to

11  chapter 120 shall be held.

12         (6)  The appropriate board, with those members of the

13  panel, if any, who reviewed the investigation pursuant to

14  subsection (5) being excused, or the department when there is

15  no board, shall determine and issue the final order in each

16  disciplinary case. Such order shall constitute final agency

17  action. Any consent order or agreed-upon settlement shall be

18  subject to the approval of the department.

19         (7)  The department shall have standing to seek

20  judicial review of any final order of the board, pursuant to

21  s. 120.68.

22         (8)  Any proceeding for the purpose of summary

23  suspension of a license, or for the restriction of the

24  license, of a licensee pursuant to s. 120.60(6) shall be

25  conducted by the secretary of the Department of Health or his

26  or her designee, as appropriate, who shall issue the final

27  summary order.

28         (9)(a)  The department shall periodically notify the

29  person who filed the complaint of the status of the

30  investigation, indicating whether probable cause has been

31

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  1  found and the status of any civil action or administrative

  2  proceeding or appeal.

  3         (b)  In any disciplinary case for which probable cause

  4  has been found, the department shall provide to the person who

  5  filed the complaint a copy of the administrative complaint

  6  and:

  7         1.  A written explanation of how an administrative

  8  complaint is resolved by the disciplinary process.

  9         2.  A written explanation of how and when the person

10  may participate in the disciplinary process.

11         3.  A written notice of any hearing before the Division

12  of Administrative Hearings or the regulatory board at which

13  final agency action may be taken.

14         (c)  In any disciplinary case for which probable cause

15  is not found, the department shall so inform the person who

16  filed the complaint and notify that person that he or she may,

17  within 60 days, provide any additional information to the

18  probable cause panel which may be relevant to the decision. In

19  any administrative proceeding under s. 120.57, the person who

20  filed the disciplinary complaint shall have the right to

21  present oral or written communication relating to the alleged

22  disciplinary violations or to the appropriate penalty.

23         (10)  The complaint and all information obtained

24  pursuant to the investigation by the department are

25  confidential and exempt from s. 119.07(1) until 10 days after

26  probable cause has been found to exist by the probable cause

27  panel or by the department, or until the regulated

28  professional or subject of the investigation waives his or her

29  privilege of confidentiality, whichever occurs first. Upon

30  completion of the investigation and pursuant to a written

31  request by the subject, the department shall provide the

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  1  subject an opportunity to inspect the investigative file or,

  2  at the subject's expense, forward to the subject a copy of the

  3  investigative file. Notwithstanding s. 456.057 455.667, the

  4  subject may inspect or receive a copy of any expert witness

  5  report or patient record connected with the investigation if

  6  the subject agrees in writing to maintain the confidentiality

  7  of any information received under this subsection until 10

  8  days after probable cause is found and to maintain the

  9  confidentiality of patient records pursuant to s. 456.057

10  455.667. The subject may file a written response to the

11  information contained in the investigative file. Such response

12  must be filed within 20 days, unless an extension of time has

13  been granted by the department. This subsection does not

14  prohibit the department from providing such information to any

15  law enforcement agency or to any other regulatory agency.

16         (11)  A privilege against civil liability is hereby

17  granted to any complainant or any witness with regard to

18  information furnished with respect to any investigation or

19  proceeding pursuant to this section, unless the complainant or

20  witness acted in bad faith or with malice in providing such

21  information.

22         (12)(a)  No person who reports in any capacity, whether

23  or not required by law, information to the department with

24  regard to the incompetence, impairment, or unprofessional

25  conduct of any health care provider licensed under chapter

26  458, chapter 459, chapter 460, chapter 461, chapter 462,

27  chapter 463, chapter 464, chapter 465, or chapter 466 shall be

28  held liable in any civil action for reporting against such

29  health care provider if such person acts without intentional

30  fraud or malice.

31

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  1         (b)  No facility licensed under chapter 395, health

  2  maintenance organization certificated under part I of chapter

  3  641, physician licensed under chapter 458, or osteopathic

  4  physician licensed under chapter 459 shall discharge, threaten

  5  to discharge, intimidate, or coerce any employee or staff

  6  member by reason of such employee's or staff member's report

  7  to the department about a physician licensed under chapter

  8  458, chapter 459, chapter 460, chapter 461, or chapter 466 who

  9  may be guilty of incompetence, impairment, or unprofessional

10  conduct so long as such report is given without intentional

11  fraud or malice.

12         (c)  In any civil suit brought outside the protections

13  of paragraphs (a) and (b) in which intentional fraud or malice

14  is alleged, the person alleging intentional fraud or malice

15  shall be liable for all court costs and for the other party's

16  reasonable attorney's fees if intentional fraud or malice is

17  not proved.

18         Section 92.  Section 455.687, Florida Statutes, is

19  transferred, renumbered as section 456.074, Florida Statutes,

20  and amended to read:

21         456.074 455.687  Certain health care practitioners;

22  immediate suspension of license.--

23         (1)  The department shall issue an emergency order

24  suspending the license of any person licensed under chapter

25  458, chapter 459, chapter 460, chapter 461, chapter 462,

26  chapter 463, chapter 464, chapter 465, chapter 466, or chapter

27  484 who pleads guilty to, is convicted or found guilty of, or

28  who enters a plea of nolo contendere to, regardless of

29  adjudication, a felony under chapter 409 or chapter 893 or

30  under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396.

31

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  1         (2)  If the board has previously found any physician or

  2  osteopathic physician in violation of the provisions of s.

  3  458.331(1)(t) or s. 459.015(1)(x), in regard to her or his

  4  treatment of three or more patients, and the probable cause

  5  panel of the board finds probable cause of an additional

  6  violation of that section, then the Secretary of Health shall

  7  review the matter to determine if an emergency suspension or

  8  restriction order is warranted. Nothing in this section shall

  9  be construed so as to limit the authority of the secretary of

10  the department to issue an emergency order.

11         (3)  The department may issue an emergency order

12  suspending or restricting the license of any health care

13  practitioner as defined in s. 456.001(4) 455.501(4) who tests

14  positive for any drug on any government or private-sector

15  preemployment or employer-ordered confirmed drug test, as

16  defined in s. 112.0455, when the practitioner does not have a

17  lawful prescription and legitimate medical reason for using

18  such drug. The practitioner shall be given 48 hours from the

19  time of notification to the practitioner of the confirmed test

20  result to produce a lawful prescription for the drug before an

21  emergency order is issued.

22         Section 93.  Section 455.704, Florida Statutes, is

23  transferred and renumbered as section 456.075, Florida

24  Statutes.

25         Section 94.  Section 455.707, Florida Statutes, is

26  transferred, renumbered as section 456.076, Florida Statutes,

27  and amended to read:

28         456.076 455.707  Treatment programs for impaired

29  practitioners.--

30         (1)  For professions that do not have impaired

31  practitioner programs provided for in their practice acts, the

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  1  department shall, by rule, designate approved treatment

  2  programs under this section. The department may adopt rules

  3  setting forth appropriate criteria for approval of treatment

  4  providers based on the policies and guidelines established by

  5  the Impaired Practitioners Committee.  The rules must specify

  6  the manner in which the consultant works with the department

  7  in intervention, requirements for evaluating and treating a

  8  professional, and requirements for the continued care and

  9  monitoring of a professional by the consultant at a

10  department-approved treatment provider.  The department shall

11  not compel any impaired practitioner program in existence on

12  October 1, 1992, to serve additional professions.

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

14  practitioner consultants as recommended by the committee.  A

15  consultant shall be a licensee or recovered licensee under the

16  jurisdiction of the Division of Medical Quality Assurance

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

18  practitioner or recovered practitioner licensed under chapter

19  458, chapter 459, or chapter 464.  The consultant shall assist

20  the probable cause panel and department in carrying out the

21  responsibilities of this section.  This shall include working

22  with department investigators to determine whether a

23  practitioner is, in fact, impaired.

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

25  oral legally sufficient complaint alleging that a licensee

26  under the jurisdiction of the Division of Medical Quality

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

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

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

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

31  against the licensee other than impairment exists, the

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  1  reporting of such information shall not constitute a complaint

  2  within the meaning of s. 456.073 455.621 if the probable cause

  3  panel of the appropriate board, or the department when there

  4  is no board, finds:

  5         1.  The licensee has acknowledged the impairment

  6  problem.

  7         2.  The licensee has voluntarily enrolled in an

  8  appropriate, approved treatment program.

  9         3.  The licensee has voluntarily withdrawn from

10  practice or limited the scope of practice as determined by the

11  panel, or the department when there is no board, in each case,

12  until such time as the panel, or the department when there is

13  no board, is satisfied the licensee has successfully completed

14  an approved treatment program.

15         4.  The licensee has executed releases for medical

16  records, authorizing the release of all records of

17  evaluations, diagnoses, and treatment of the licensee,

18  including records of treatment for emotional or mental

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

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

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

22  treatment program.

23         (b)  If, however, the licensee agrees to withdraw from

24  practice until such time as the consultant determines the

25  licensee has satisfactorily completed an approved treatment

26  program or evaluation, the probable cause panel, or the

27  department when there is no board, shall not become involved

28  in the licensee's case.

29         (c)  Inquiries related to impairment treatment programs

30  designed to provide information to the licensee and others and

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

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  1  the public shall not constitute a complaint within the meaning

  2  of s. 456.073 455.621 and shall be exempt from the provisions

  3  of this subsection.

  4         (d)  Whenever the department receives a legally

  5  sufficient complaint alleging that a licensee is impaired as

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

  7  licensee other than impairment exists, the department shall

  8  forward all information in its possession regarding the

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

10  section, a suspension from hospital staff privileges due to

11  the impairment does not constitute a complaint.

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

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

14  and all information concerning a practitioner obtained from

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

16  no board, shall remain confidential and exempt from the

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

18  subsections (5) and (6).

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

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

21  is satisfied, based upon information it receives from the

22  consultant and the department, that the licensee is

23  progressing satisfactorily in an approved treatment program.

24         (4)  In any disciplinary action for a violation other

25  than impairment in which a licensee establishes the violation

26  for which the licensee is being prosecuted was due to or

27  connected with impairment and further establishes the licensee

28  is satisfactorily progressing through or has successfully

29  completed an approved treatment program pursuant to this

30  section, such information may be considered by the board, or

31  the department when there is no board, as a mitigating factor

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  1  in determining the appropriate penalty. This subsection does

  2  not limit mitigating factors the board may consider.

  3         (5)(a)  An approved treatment provider shall, upon

  4  request, disclose to the consultant all information in its

  5  possession regarding the issue of a licensee's impairment and

  6  participation in the treatment program.  All information

  7  obtained by the consultant and department pursuant to this

  8  section is confidential and exempt from the provisions of s.

  9  119.07(1), subject to the provisions of this subsection and

10  subsection (6). Failure to provide such information to the

11  consultant is grounds for withdrawal of approval of such

12  program or provider.

13         (b)  If in the opinion of the consultant, after

14  consultation with the treatment provider, an impaired licensee

15  has not progressed satisfactorily in a treatment program, all

16  information regarding the issue of a licensee's impairment and

17  participation in a treatment program in the consultant's

18  possession shall be disclosed to the department. Such

19  disclosure shall constitute a complaint pursuant to the

20  general provisions of s. 456.073 455.621. Whenever the

21  consultant concludes that impairment affects a licensee's

22  practice and constitutes an immediate, serious danger to the

23  public health, safety, or welfare, that conclusion shall be

24  communicated to the secretary of the department.

25         (6)  A consultant, licensee, or approved treatment

26  provider who makes a disclosure pursuant to this section is

27  not subject to civil liability for such disclosure or its

28  consequences. The provisions of s. 766.101 apply to any

29  officer, employee, or agent of the department or the board and

30  to any officer, employee, or agent of any entity with which

31  the department has contracted pursuant to this section.

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  1         Section 95.  Section 455.617, Florida Statutes, is

  2  transferred, renumbered as section 456.077, Florida Statutes,

  3  and amended to read:

  4         456.077 455.617  Authority to issue citations.--

  5         (1)  Notwithstanding s. 456.073 455.621, the board, or

  6  the department if there is no board, shall adopt rules to

  7  permit the issuance of citations. The citation shall be issued

  8  to the subject and shall contain the subject's name and

  9  address, the subject's license number if applicable, a brief

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

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

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

13  follow the procedure under s. 456.073 455.621. If the subject

14  disputes the matter in the citation, the procedures set forth

15  in s. 456.073 455.621 must be followed. However, if the

16  subject does not dispute the matter in the citation with the

17  department within 30 days after the citation is served, the

18  citation becomes a final order and constitutes discipline. The

19  penalty shall be a fine or other conditions as established by

20  rule.

21         (2)  The board, or the department if there is no board,

22  shall adopt rules designating violations for which a citation

23  may be issued.  Such rules shall designate as citation

24  violations those violations for which there is no substantial

25  threat to the public health, safety, and welfare.

26         (3)  The department shall be entitled to recover the

27  costs of investigation, in addition to any penalty provided

28  according to board or department rule, as part of the penalty

29  levied pursuant to the citation.

30

31

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  1         (4)  A citation must be issued within 6 months after

  2  the filing of the complaint that is the basis for the

  3  citation.

  4         (5)  Service of a citation may be made by personal

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

  6  at the subject's last known address.

  7         (6)  A board created on or after January 1, 1992, has 6

  8  months in which to enact rules designating violations and

  9  penalties appropriate for citation offenses. Failure to enact

10  such rules gives the department exclusive authority to adopt

11  rules as required for implementing this section. A board has

12  continuous authority to amend its rules adopted pursuant to

13  this section.

14         Section 96.  Section 455.614, Florida Statutes, is

15  transferred, renumbered as section 456.078, Florida Statutes,

16  and amended to read:

17         456.078 455.614  Mediation.--

18         (1)  Notwithstanding the provisions of s. 456.073

19  455.621, the board, or the department when there is no board,

20  shall adopt rules to designate which violations of the

21  applicable professional practice act are appropriate for

22  mediation. The board, or the department when there is no

23  board, may designate as mediation offenses those complaints

24  where harm caused by the licensee is economic in nature or can

25  be remedied by the licensee.

26         (2)  After the department determines a complaint is

27  legally sufficient and the alleged violations are defined as

28  mediation offenses, the department or any agent of the

29  department may conduct informal mediation to resolve the

30  complaint. If the complainant and the subject of the complaint

31  agree to a resolution of a complaint within 14 days after

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  1  contact by the mediator, the mediator shall notify the

  2  department of the terms of the resolution. The department or

  3  board shall take no further action unless the complainant and

  4  the subject each fail to record with the department an

  5  acknowledgment of satisfaction of the terms of mediation

  6  within 60 days of the mediator's notification to the

  7  department. In the event the complainant and subject fail to

  8  reach settlement terms or to record the required

  9  acknowledgment, the department shall process the complaint

10  according to the provisions of s. 456.073 455.621.

11         (3)  Conduct or statements made during mediation are

12  inadmissible in any proceeding pursuant to s. 456.073 455.621.

13  Further, any information relating to the mediation of a case

14  shall be subject to the confidentiality provisions of s.

15  456.073 455.621.

16         (4)  No licensee shall go through the mediation process

17  more than three times without approval of the department. The

18  department may consider the subject and dates of the earlier

19  complaints in rendering its decision. Such decision shall not

20  be considered a final agency action for purposes of chapter

21  120.

22         (5)  Any board created on or after January 1, 1995,

23  shall have 6 months to adopt rules designating which

24  violations are appropriate for mediation, after which time the

25  department shall have exclusive authority to adopt rules

26  pursuant to this section. A board shall have continuing

27  authority to amend its rules adopted pursuant to this section.

28         Section 97.  Section 455.627, Florida Statutes, is

29  transferred, renumbered as section 456.079, Florida Statutes,

30  and amended to read:

31         456.079 455.627  Disciplinary guidelines.--

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

  2  board, shall adopt by rule and periodically review the

  3  disciplinary guidelines applicable to each ground for

  4  disciplinary action which may be imposed by the board, or the

  5  department if there is no board, pursuant to this chapter

  6  part, the respective practice acts, and any rule of the board

  7  or department.

  8         (2)  The disciplinary guidelines shall specify a

  9  meaningful range of designated penalties based upon the

10  severity and repetition of specific offenses, it being the

11  legislative intent that minor violations be distinguished from

12  those which endanger the public health, safety, or welfare;

13  that such guidelines provide reasonable and meaningful notice

14  to the public of likely penalties which may be imposed for

15  proscribed conduct; and that such penalties be consistently

16  applied by the board.

17         (3)  A specific finding of mitigating or aggravating

18  circumstances shall allow the board to impose a penalty other

19  than that provided for in such guidelines.  If applicable, the

20  board, or the department if there is no board, shall adopt by

21  rule disciplinary guidelines to designate possible mitigating

22  and aggravating circumstances and the variation and range of

23  penalties permitted for such circumstances.

24         (4)  The department must review such disciplinary

25  guidelines for compliance with the legislative intent as set

26  forth herein to determine whether the guidelines establish a

27  meaningful range of penalties and may also challenge such

28  rules pursuant to s. 120.56.

29         (5)  The administrative law judge, in recommending

30  penalties in any recommended order, must follow the penalty

31  guidelines established by the board or department and must

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  1  state in writing the mitigating or aggravating circumstances

  2  upon which the recommended penalty is based.

  3         Section 98.  Section 455.537, Florida Statutes, is

  4  transferred and renumbered as section 456.081, Florida

  5  Statutes.

  6         Section 99.  Section 455.651, Florida Statutes, is

  7  transferred, renumbered as section 456.082, Florida Statutes,

  8  and amended to read:

  9         456.082 455.651  Disclosure of confidential

10  information.--

11         (1)  No officer, employee, or person under contract

12  with the department, or any board therein, or any subject of

13  an investigation shall convey knowledge or information to any

14  person who is not lawfully entitled to such knowledge or

15  information about any public meeting or public record, which

16  at the time such knowledge or information is conveyed is

17  exempt from the provisions of s. 119.01, s. 119.07(1), or s.

18  286.011.

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

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

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

22  subject to discipline pursuant to s. 456.072 455.624, and, if

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

24  contractual relationship.

25         (3)  Any person injured as a result of a willful

26  violation of this section shall have a civil cause of action

27  for treble damages, reasonable attorney fees, and costs.

28         Section 100.  Subsection (2) of section 457.103,

29  Florida Statutes, is amended to read:

30         457.103  Board of Acupuncture; membership; appointment

31  and terms.--

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  1         (2)  All provisions of part II of chapter 456 455

  2  relating to the board shall apply.

  3         Section 101.  Subsection (6) of section 458.307,

  4  Florida Statutes, is amended to read:

  5         458.307  Board of Medicine.--

  6         (6)  All provisions of part II of chapter 456 455

  7  relating to activities of the board shall apply.

  8         Section 102.  Paragraph (c) of subsection (1) and

  9  paragraph (a) of subsection (3) of section 458.3115, Florida

10  Statutes, are amended to read:

11         458.3115  Restricted license; certain foreign-licensed

12  physicians; examination; restrictions on practice; full

13  licensure.--

14         (1)

15         (c)  A person shall be eligible to take such

16  examination for restricted licensure if the person:

17         1.  Has taken, upon approval by the board, and

18  completed, in November 1990 or November 1992, one of the

19  special preparatory medical update courses authorized by the

20  board and the University of Miami Medical School and

21  subsequently passed the final course examination; upon

22  approval by the board to take the course completed in 1990 or

23  in 1992, has a certificate of successful completion of that

24  course from the University of Miami or the Stanley H. Kaplan

25  course; or can document to the department that he or she was

26  one of the persons who took and successfully completed the

27  Stanley H. Kaplan course that was approved by the board and

28  supervised by the University of Miami. At a minimum, the

29  documentation must include class attendance records and the

30  test score on the final course examination;

31

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  1         2.  Applies to the department and submits an

  2  application fee that is nonrefundable and equivalent to the

  3  fee required for full licensure;

  4         3.  Documents no less than 2 years of the active

  5  practice of medicine in any jurisdiction;

  6         4.  Submits an examination fee that is nonrefundable

  7  and equivalent to the fee required for full licensure plus the

  8  actual per-applicant cost to the department to provide either

  9  examination described in this section;

10         5.  Has not committed any act or offense in this or any

11  other jurisdiction that would constitute a substantial basis

12  for disciplining a physician under chapter 456 or this chapter

13  or part II of chapter 455; and

14         6.  Is not under discipline, investigation, or

15  prosecution in this or any other jurisdiction for an act that

16  would constitute a violation of chapter 456 or this chapter or

17  part II of chapter 455 and that substantially threatened or

18  threatens the public health, safety, or welfare.

19         (3)(a)  A restricted license issued by the department

20  under this section is valid for 2 years unless sooner revoked

21  or suspended, and a restricted licensee is subject to the

22  requirements of chapter 456, this chapter, part II of chapter

23  455, and any other provision of law not in conflict with this

24  section. Upon expiration of such restricted license, a

25  restricted licensee shall become a full licensee if the

26  restricted licensee:

27         1.  Is not under discipline, investigation, or

28  prosecution for a violation which poses a substantial threat

29  to the public health, safety, or welfare; and

30         2.  Pays all renewal fees required of a full licensee.

31

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  1         Section 103.  Paragraph (d) of subsection (1) of

  2  section 458.3124, Florida Statutes, is amended to read:

  3         458.3124  Restricted license; certain experienced

  4  foreign-trained physicians.--

  5         (1)  A person who was trained in a medical school that

  6  is listed in the World Directory of Medical Schools published

  7  by the World Health Organization and is located in a country

  8  other than the United States, Canada, or Puerto Rico may apply

  9  to take Step III of the United States Medical Licensing

10  Examination, if the person:

11         (d)  Is not subject to discipline, investigation, or

12  prosecution in any jurisdiction for acts that threaten the

13  public health, safety, or welfare or violate part II of

14  chapter 456 455 or this chapter; and

15         Section 104.  Subsections (1) and (4) of section

16  458.319, Florida Statutes, are amended to read:

17         458.319  Renewal of license.--

18         (1)  The department shall renew a license upon receipt

19  of the renewal application, evidence that the applicant has

20  actively practiced medicine or has been on the active teaching

21  faculty of an accredited medical school for at least 2 years

22  of the immediately preceding 4 years, and a fee not to exceed

23  $500; provided, however, that if the licensee is either a

24  resident physician, assistant resident physician, fellow,

25  house physician, or intern in an approved postgraduate

26  training program, as defined by the board by rule, the fee

27  shall not exceed $100 per annum.  If the licensee has not

28  actively practiced medicine for at least 2 years of the

29  immediately preceding 4 years, the board shall require that

30  the licensee successfully complete a board-approved clinical

31  competency examination prior to renewal of the license.

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  1  "Actively practiced medicine" means that practice of medicine

  2  by physicians, including those employed by any governmental

  3  entity in community or public health, as defined by this

  4  chapter, including physicians practicing administrative

  5  medicine. An applicant for a renewed license must also submit

  6  the information required under s. 456.039 455.565 to the

  7  department on a form and under procedures specified by the

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

  9  incurred by the Department of Health for the statewide

10  criminal background check of the applicant. The applicant must

11  submit a set of fingerprints to the Department of Health on a

12  form and under procedures specified by the department, along

13  with payment in an amount equal to the costs incurred by the

14  department for a national criminal background check of the

15  applicant for the initial renewal of his or her license after

16  January 1, 2000. If the applicant fails to submit either the

17  information required under s. 456.039 455.565 or a set of

18  fingerprints to the department as required by this section,

19  the department shall issue a notice of noncompliance, and the

20  applicant will be given 30 additional days to comply. If the

21  applicant fails to comply within 30 days after the notice of

22  noncompliance is issued, the department or board, as

23  appropriate, may issue a citation to the applicant and may

24  fine the applicant up to $50 for each day that the applicant

25  is not in compliance with the requirements of s. 456.039

26  455.565. The citation must clearly state that the applicant

27  may choose, in lieu of accepting the citation, to follow the

28  procedure under s. 456.073 455.621. If the applicant disputes

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

30  456.073 455.621 must be followed. However, if the applicant

31  does not dispute the matter in the citation with the

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  1  department within 30 days after the citation is served, the

  2  citation becomes a final order and constitutes discipline.

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

  4  certified mail, restricted delivery, to the subject at the

  5  applicant's last known address. If an applicant has submitted

  6  fingerprints to the department for a national criminal history

  7  check upon initial licensure and is renewing his or her

  8  license for the first time, then the applicant need only

  9  submit the information and fee required for a statewide

10  criminal history check.

11         (4)  Notwithstanding the provisions of s. 456.033

12  455.604, a physician may complete continuing education on

13  end-of-life care and palliative health care in lieu of

14  continuing education in AIDS/HIV, if that physician has

15  completed the AIDS/HIV continuing education in the immediately

16  preceding biennium.

17         Section 105.  Paragraph (e) of subsection (1) and

18  subsection (6) of section 458.331, Florida Statutes, are

19  amended to read:

20         458.331  Grounds for disciplinary action; action by the

21  board and department.--

22         (1)  The following acts shall constitute grounds for

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

24  be taken:

25         (e)  Failing to report to the department any person who

26  the licensee knows is in violation of this chapter or of the

27  rules of the department or the board.  A treatment provider

28  approved pursuant to s. 456.076 455.707 shall provide the

29  department or consultant with information in accordance with

30  the requirements of s. 456.076(3), (4), (5), and (6)

31  455.707(3), (4), (5), and (6).

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  1         (6)  Upon the department's receipt from an insurer or

  2  self-insurer of a report of a closed claim against a physician

  3  pursuant to s. 627.912 or from a health care practitioner of a

  4  report pursuant to s. 456.049 455.697, or upon the receipt

  5  from a claimant of a presuit notice against a physician

  6  pursuant to s. 766.106, the department shall review each

  7  report and determine whether it potentially involved conduct

  8  by a licensee that is subject to disciplinary action, in which

  9  case the provisions of s. 456.073 455.621 shall apply.

10  However, if it is reported that a physician has had three or

11  more claims with indemnities exceeding $25,000 each within the

12  previous 5-year period, the department shall investigate the

13  occurrences upon which the claims were based and determine if

14  action by the department against the physician is warranted.

15         Section 106.  Section 458.343, Florida Statutes, is

16  amended to read:

17         458.343  Subpoena of certain records.--Notwithstanding

18  the provisions of s. 456.057 455.667, the department may issue

19  subpoenas duces tecum requiring the names and addresses of

20  some or all of the patients of a physician against whom a

21  complaint has been filed pursuant to s. 456.073 455.621.

22         Section 107.  Paragraph (g) of subsection (7) and

23  subsections (10) and (16) of section 458.347, Florida

24  Statutes, are amended to read:

25         458.347  Physician assistants.--

26         (7)  PHYSICIAN ASSISTANT LICENSURE.--

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

28  penalties specified in ss. 456.072 455.624 and 458.331(2) upon

29  a physician assistant if the physician assistant or the

30  supervising physician has been found guilty of or is being

31

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  1  investigated for any act that constitutes a violation of this

  2  chapter or part II of chapter 456 455.

  3         (10)  INACTIVE AND DELINQUENT STATUS.--A license on

  4  inactive or delinquent status may be reactivated only as

  5  provided in s. 456.036 455.711.

  6         (16)  LEGAL SERVICES.--Legal services shall be provided

  7  to the council pursuant to s. 456.009(1) 455.594(1).

  8         Section 108.  Subsection (5) of section 458.351,

  9  Florida Statutes, is amended to read:

10         458.351  Reports of adverse incidents in office

11  practice settings.--

12         (5)  The department shall review each incident and

13  determine whether it potentially involved conduct by a health

14  care professional who is subject to disciplinary action, in

15  which case s. 456.073 455.621 applies. Disciplinary action, if

16  any, shall be taken by the board under which the health care

17  professional is licensed.

18         Section 109.  Subsection (4) of section 459.004,

19  Florida Statutes, is amended to read:

20         459.004  Board of Osteopathic Medicine.--

21         (4)  All provisions of part II of chapter 456 455

22  relating to activities of the board shall apply.

23         Section 110.  Subsections (1) and (5) of section

24  459.008, Florida Statutes, are amended to read:

25         459.008  Renewal of licenses and certificates.--

26         (1)  The department shall renew a license or

27  certificate upon receipt of the renewal application and fee.

28  An applicant for a renewed license must also submit the

29  information required under s. 456.039 455.565 to the

30  department on a form and under procedures specified by the

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

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  1  incurred by the Department of Health for the statewide

  2  criminal background check of the applicant. The applicant must

  3  submit a set of fingerprints to the Department of Health on a

  4  form and under procedures specified by the department, along

  5  with payment in an amount equal to the costs incurred by the

  6  department for a national criminal background check of the

  7  applicant for the initial renewal of his or her license after

  8  January 1, 2000. If the applicant fails to submit either the

  9  information required under s. 456.039 455.565 or a set of

10  fingerprints to the department as required by this section,

11  the department shall issue a notice of noncompliance, and the

12  applicant will be given 30 additional days to comply. If the

13  applicant fails to comply within 30 days after the notice of

14  noncompliance is issued, the department or board, as

15  appropriate, may issue a citation to the applicant and may

16  fine the applicant up to $50 for each day that the applicant

17  is not in compliance with the requirements of s. 456.039

18  455.565. The citation must clearly state that the applicant

19  may choose, in lieu of accepting the citation, to follow the

20  procedure under s. 456.073 455.621. If the applicant disputes

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

22  456.073 455.621 must be followed. However, if the applicant

23  does not dispute the matter in the citation with the

24  department within 30 days after the citation is served, the

25  citation becomes a final order and constitutes discipline.

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

27  certified mail, restricted delivery, to the subject at the

28  applicant's last known address. If an applicant has submitted

29  fingerprints to the department for a national criminal history

30  check upon initial licensure and is renewing his or her

31  license for the first time, then the applicant need only

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  1  submit the information and fee required for a statewide

  2  criminal history check.

  3         (5)  Notwithstanding the provisions of s. 456.033

  4  455.604, an osteopathic physician may complete continuing

  5  education on end-of-life and palliative health care in lieu of

  6  continuing education in AIDS/HIV, if that physician has

  7  completed the AIDS/HIV continuing education in the immediately

  8  preceding biennium.

  9         Section 111.  Paragraph (e) of subsection (1) and

10  subsection (6) of section 459.015, Florida Statutes, are

11  amended to read:

12         459.015  Grounds for disciplinary action by the

13  board.--

14         (1)  The following acts shall constitute grounds for

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

16  be taken:

17         (e)  Failing to report to the department or the

18  department's impaired professional consultant any person who

19  the licensee or certificateholder knows is in violation of

20  this chapter or of the rules of the department or the board.

21  A treatment provider, approved pursuant to s. 456.076 455.707,

22  shall provide the department or consultant with information in

23  accordance with the requirements of s. 456.076(3), (4), (5),

24  and (6) 455.707(3), (4), (5), and (6).

25         (6)  Upon the department's receipt from an insurer or

26  self-insurer of a report of a closed claim against an

27  osteopathic physician pursuant to s. 627.912 or from a health

28  care practitioner of a report pursuant to s. 456.049 455.697,

29  or upon the receipt from a claimant of a presuit notice

30  against an osteopathic physician pursuant to s. 766.106, the

31  department shall review each report and determine whether it

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  1  potentially involved conduct by a licensee that is subject to

  2  disciplinary action, in which case the provisions of s.

  3  456.073 455.621 shall apply.  However, if it is reported that

  4  an osteopathic physician has had three or more claims with

  5  indemnities exceeding $25,000 each within the previous 5-year

  6  period, the department shall investigate the occurrences upon

  7  which the claims were based and determine if action by the

  8  department against the osteopathic physician is warranted.

  9         Section 112.  Section 459.019, Florida Statutes, is

10  amended to read:

11         459.019  Subpoena of certain records.--Notwithstanding

12  the provisions of s. 456.057 455.667, the department may issue

13  subpoenas duces tecum requiring the names and addresses of

14  some or all of the patients of an osteopathic physician

15  against whom a complaint has been filed pursuant to s. 456.073

16  455.621.

17         Section 113.  Paragraph (f) of subsection (7) and

18  subsections (10) and (16) of section 459.022, Florida

19  Statutes, are amended to read:

20         459.022  Physician assistants.--

21         (7)  PHYSICIAN ASSISTANT LICENSURE.--

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

23  of the penalties specified in ss. 456.072 455.624 and

24  459.015(2) upon a physician assistant if the physician

25  assistant or the supervising physician has been found guilty

26  of or is being investigated for any act that constitutes a

27  violation of this chapter or part II of chapter 456 455.

28         (10)  INACTIVE AND DELINQUENT STATUS.--A license on

29  inactive or delinquent status may be reactivated only as

30  provided in s. 456.036 455.711.

31

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  1         (16)  LEGAL SERVICES.--Legal services shall be provided

  2  to the council pursuant to s. 456.009(1) 455.594(1).

  3         Section 114.  Subsection (5) of section 459.026,

  4  Florida Statutes, is amended to read:

  5         459.026  Reports of adverse incidents in office

  6  practice settings.--

  7         (5)  The department shall review each incident and

  8  determine whether it potentially involved conduct by a health

  9  care professional who is subject to disciplinary action, in

10  which case s. 456.073 455.621 applies. Disciplinary action, if

11  any, shall be taken by the board under which the health care

12  professional is licensed.

13         Section 115.  Subsection (4) of section 460.404,

14  Florida Statutes, is amended to read:

15         460.404  Board of Chiropractic Medicine; membership;

16  appointment; terms.--

17         (4)  All provisions of part II of chapter 456 455

18  relating to the board shall apply.

19         Section 116.  Paragraph (c) of subsection (1) of

20  section 460.4061, Florida Statutes, is amended to read:

21         460.4061  Restricted license.--

22         (1)  An applicant for licensure as a chiropractic

23  physician may apply to the department for a restricted license

24  without undergoing a state or national written or clinical

25  competency examination for licensure if the applicant

26  initially applies not later than October 31, 1994, for the

27  restricted license and:

28         (c)  Has never been disciplined for an offense that

29  would be a violation under this chapter or part II of chapter

30  456 455, imposed by another jurisdiction on the applicant's

31  license to practice as a chiropractic physician.

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  1         Section 117.  Subsection (1) of section 460.407,

  2  Florida Statutes, is amended to read:

  3         460.407  Renewal of license.--

  4         (1)  The department shall renew a license upon receipt

  5  of the renewal application and the fee set by the board not to

  6  exceed $500. An applicant for a renewed license must also

  7  submit the information required under s. 456.039 455.565 to

  8  the department on a form and under procedures specified by the

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

10  incurred by the Department of Health for the statewide

11  criminal background check of the applicant. The applicant must

12  submit a set of fingerprints to the Department of Health on a

13  form and under procedures specified by the department, along

14  with payment in an amount equal to the costs incurred by the

15  department for a national criminal background check of the

16  applicant for the initial renewal of his or her license after

17  January 1, 2000. If the applicant fails to submit either the

18  information required under s. 456.039 455.565 or a set of

19  fingerprints to the department as required by this section,

20  the department shall issue a notice of noncompliance, and the

21  applicant will be given 30 additional days to comply. If the

22  applicant fails to comply within 30 days after the notice of

23  noncompliance is issued, the department or board, as

24  appropriate, may issue a citation to the applicant and may

25  fine the applicant up to $50 for each day that the applicant

26  is not in compliance with the requirements of s. 456.039

27  455.565. The citation must clearly state that the applicant

28  may choose, in lieu of accepting the citation, to follow the

29  procedure under s. 456.073 455.621. If the applicant disputes

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

31  456.073 455.621 must be followed. However, if the applicant

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  1  does not dispute the matter in the citation with the

  2  department within 30 days after the citation is served, the

  3  citation becomes a final order and constitutes discipline.

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

  5  certified mail, restricted delivery, to the subject at the

  6  applicant's last known address. If an applicant has submitted

  7  fingerprints to the department for a national criminal history

  8  check upon initial licensure and is renewing his or her

  9  license for the first time, then the applicant need only

10  submit the information and fee required for a statewide

11  criminal history check.

12         Section 118.  Subsection (4) of section 461.004,

13  Florida Statutes, is amended to read:

14         461.004  Board of Podiatric Medicine; membership;

15  appointment; terms.--

16         (4)  All provisions of part II of chapter 456 455

17  relating to the board shall apply. However, notwithstanding

18  the requirement of s. 456.073(4) 455.621(4) that the board

19  provide by rule for the determination of probable cause by a

20  panel composed of its members or by the department, the board

21  may provide by rule that its probable cause panel may be

22  composed of one current member of the board and one past

23  member of the board, as long as the past member is a licensed

24  podiatric physician in good standing.  The past board member

25  must be appointed to the panel by the chair of the board with

26  the approval of the secretary for a maximum of 2 years.

27         Section 119.  Subsection (1) of section 461.007,

28  Florida Statutes, is amended to read:

29         461.007  Renewal of license.--

30         (1)  The department shall renew a license upon receipt

31  of the renewal application and a fee not to exceed $350 set by

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  1  the board, and evidence that the applicant has actively

  2  practiced podiatric medicine or has been on the active

  3  teaching faculty of an accredited school of podiatric medicine

  4  for at least 2 years of the immediately preceding 4 years. If

  5  the licensee has not actively practiced podiatric medicine for

  6  at least 2 years of the immediately preceding 4 years, the

  7  board shall require that the licensee successfully complete a

  8  board-approved course prior to renewal of the license. For

  9  purposes of this subsection, "actively practiced podiatric

10  medicine" means the licensed practice of podiatric medicine as

11  defined in s. 461.003(5) by podiatric physicians, including

12  podiatric physicians employed by any governmental entity, on

13  the active teaching faculty of an accredited school of

14  podiatric medicine, or practicing administrative podiatric

15  medicine. An applicant for a renewed license must also submit

16  the information required under s. 456.039 455.565 to the

17  department on a form and under procedures specified by the

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

19  incurred by the Department of Health for the statewide

20  criminal background check of the applicant. The applicant must

21  submit a set of fingerprints to the Department of Health on a

22  form and under procedures specified by the department, along

23  with payment in an amount equal to the costs incurred by the

24  department for a national criminal background check of the

25  applicant for the initial renewal of his or her license after

26  January 1, 2000. If the applicant fails to submit either the

27  information required under s. 456.039 455.565 or a set of

28  fingerprints to the department as required by this section,

29  the department shall issue a notice of noncompliance, and the

30  applicant will be given 30 additional days to comply. If the

31  applicant fails to comply within 30 days after the notice of

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  1  noncompliance is issued, the department or board, as

  2  appropriate, may issue a citation to the applicant and may

  3  fine the applicant up to $50 for each day that the applicant

  4  is not in compliance with the requirements of s. 456.039

  5  455.565. The citation must clearly state that the applicant

  6  may choose, in lieu of accepting the citation, to follow the

  7  procedure under s. 456.073 455.621. If the applicant disputes

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

  9  456.073 455.621 must be followed. However, if the applicant

10  does not dispute the matter in the citation with the

11  department within 30 days after the citation is served, the

12  citation becomes a final order and constitutes discipline.

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

14  certified mail, restricted delivery, to the subject at the

15  applicant's last known address. If an applicant has submitted

16  fingerprints to the department for a national criminal history

17  check upon initial licensure and is renewing his or her

18  license for the first time, then the applicant need only

19  submit the information and fee required for a statewide

20  criminal history check.

21         Section 120.  Paragraph (w) of subsection (1) and

22  paragraph (a) of subsection (5) of section 461.013, Florida

23  Statutes, are amended to read:

24         461.013  Grounds for disciplinary action; action by the

25  board; investigations by department.--

26         (1)  The following acts shall constitute grounds for

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

28  be taken:

29         (w)  Violating any provision of this chapter or part II

30  of chapter 456 455, any rule of the board or department, or a

31  lawful order of the board or department previously entered in

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  1  a disciplinary hearing or failing to comply with a lawfully

  2  issued subpoena of the board or department.

  3         (5)(a)  Upon the department's receipt from an insurer

  4  or self-insurer of a report of a closed claim against a

  5  podiatric physician pursuant to s. 627.912, or upon the

  6  receipt from a claimant of a presuit notice against a

  7  podiatric physician pursuant to s. 766.106, the department

  8  shall review each report and determine whether it potentially

  9  involved conduct by a licensee that is subject to disciplinary

10  action, in which case the provisions of s. 456.073 455.621

11  shall apply. However, if it is reported that a podiatric

12  physician has had three or more claims with indemnities

13  exceeding $25,000 each within the previous 5-year period, the

14  department shall investigate the occurrences upon which the

15  claims were based and determine if action by the department

16  against the podiatric physician is warranted.

17         Section 121.  Subsection (4) of section 463.003,

18  Florida Statutes, is amended to read:

19         463.003  Board of Optometry.--

20         (4)  All applicable provisions of part II of chapter

21  456 455 relating to activities of regulatory boards shall

22  apply.

23         Section 122.  Paragraph (h) of subsection (1) of

24  section 463.016, Florida Statutes, is amended to read:

25         463.016  Grounds for disciplinary action; action by the

26  board.--

27         (1)  The following acts shall constitute grounds for

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

29  be taken:

30

31

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  1         (h)  A violation or repeated violations of provisions

  2  of this chapter, or of part II of chapter 456 455, and any

  3  rules promulgated pursuant thereto.

  4         Section 123.  Subsection (4) of section 464.004,

  5  Florida Statutes, is amended to read:

  6         464.004  Board of Nursing; membership; appointment;

  7  terms.--

  8         (4)  All provisions of part II of chapter 456 455

  9  relating to activities of the board shall apply.

10         Section 124.  Subsection (4) of section 465.004,

11  Florida Statutes, is amended to read:

12         465.004  Board of Pharmacy.--

13         (4)  All provisions of part II of chapter 456 455

14  relating to activities of the board shall apply.

15         Section 125.  Section 465.006, Florida Statutes, is

16  amended to read:

17         465.006  Disposition of fees; expenditures.--All moneys

18  received under this chapter shall be deposited and expended

19  pursuant to the provisions of s. 456.025 455.587.  All

20  expenditures for duties of the board authorized by this

21  chapter shall be paid upon presentation of vouchers approved

22  by the executive director of the board.

23         Section 126.  Paragraph (q) of subsection (1) of

24  section 465.016, Florida Statutes, is amended to read:

25         465.016  Disciplinary actions.--

26         (1)  The following acts shall be grounds for

27  disciplinary action set forth in this section:

28         (q)  Using or releasing a patient's records except as

29  authorized by this chapter and chapter 456 455.

30         Section 127.  Subsection (2) of section 465.017,

31  Florida Statutes, is amended to read:

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  1         465.017  Authority to inspect.--

  2         (2)  Except as permitted by this chapter, and chapters

  3  406, 409, 456 455, 499, and 893, records maintained in a

  4  pharmacy relating to the filling of prescriptions and the

  5  dispensing of medicinal drugs shall not be furnished to any

  6  person other than to the patient for whom the drugs were

  7  dispensed, or her or his legal representative, or to the

  8  department pursuant to existing law, or, in the event that the

  9  patient is incapacitated or unable to request said records,

10  her or his spouse except upon the written authorization of

11  such patient. Such records may be furnished in any civil or

12  criminal proceeding, upon the issuance of a subpoena from a

13  court of competent jurisdiction and proper notice to the

14  patient or her or his legal representative by the party

15  seeking such records.

16         Section 128.  Subsections (4) and (6) of section

17  466.004, Florida Statutes, are amended to read:

18         466.004  Board of Dentistry.--

19         (4)  The board is authorized to adopt rules pursuant to

20  ss. 120.536(1) and 120.54 to implement the provisions of this

21  chapter and part II of chapter 456 455, including the

22  establishment of a fee to defray the cost of duplicating any

23  license certification or permit, not to exceed $10 per

24  duplication.

25         (6)  All provisions of part II of chapter 456 455

26  relating to the board shall apply.

27         Section 129.  Paragraph (b) of subsection (4) of

28  section 466.007, Florida Statutes, is amended to read:

29         466.007  Examination of dental hygienists.--

30         (4)  To be licensed as a dental hygienist in this

31  state, an applicant must successfully complete the following:

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  1         (b)  A practical or clinical examination.  The

  2  practical or clinical examination shall test competency in

  3  areas to be established by rule of the board which shall

  4  include testing the ability to adequately perform a

  5  prophylaxis.  On or after October 1, 1986, every applicant who

  6  is otherwise qualified shall be eligible to take the

  7  examination a total of three times, notwithstanding the number

  8  of times the applicant has previously failed.  If an applicant

  9  fails the examination three times, the applicant shall no

10  longer be eligible to take the examination unless he or she

11  obtains additional educational requirements established by the

12  board.  The department shall require a mandatory

13  standardization exercise pursuant to s. 456.017(1)(b)

14  455.574(1)(b) for all examiners prior to each practical or

15  clinical examination and shall retain for employment only

16  those dentists and dental hygienists who have substantially

17  adhered to the standard of grading established at such

18  exercise. It is the intent of the Legislature that the

19  examinations relate to those procedures which are actually

20  performed by a dental hygienist in general practice.

21         Section 130.  Subsection (1) of section 466.018,

22  Florida Statutes, is amended to read:

23         466.018  Dentist of record; patient records.--

24         (1)  Each patient shall have a dentist of record.  The

25  dentist of record shall remain primarily responsible for all

26  dental treatment on such patient regardless of whether the

27  treatment is rendered by the dentist or by another dentist,

28  dental hygienist, or dental assistant rendering such treatment

29  in conjunction with, at the direction or request of, or under

30  the supervision of such dentist of record.  The dentist of

31  record shall be identified in the record of the patient.  If

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  1  treatment is rendered by a dentist other than the dentist of

  2  record or by a dental hygienist or assistant, the name or

  3  initials of such person shall be placed in the record of the

  4  patient.  In any disciplinary proceeding brought pursuant to

  5  this chapter or part II of chapter 456 455, it shall be

  6  presumed as a matter of law that treatment was rendered by the

  7  dentist of record unless otherwise noted on the patient record

  8  pursuant to this section. The dentist of record and any other

  9  treating dentist are subject to discipline pursuant to this

10  chapter or part II of chapter 456 455 for treatment rendered

11  the patient and performed in violation of such chapter. One of

12  the purposes of this section is to ensure that the

13  responsibility for each patient is assigned to one dentist in

14  a multidentist practice of any nature and to assign primary

15  responsibility to the dentist for treatment rendered by a

16  dental hygienist or assistant under her or his supervision.

17  This section shall not be construed to assign any

18  responsibility to a dentist of record for treatment rendered

19  pursuant to a proper referral to another dentist not in

20  practice with the dentist of record or to prohibit a patient

21  from voluntarily selecting a new dentist without permission of

22  the dentist of record.

23         Section 131.  Subsection (1) of section 466.022,

24  Florida Statutes, is amended to read:

25         466.022  Peer review; records; immunity.--

26         (1)  The Legislature finds that effective peer review

27  of consumer complaints by professional associations of

28  dentists is a valuable service to the public.  In performing

29  such service, any member of a peer review organization or

30  committee shall, pursuant to s. 466.028(1)(f), report to the

31  department the name of any licensee who he or she believes has

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  1  violated this chapter. Any such peer review committee member

  2  shall be afforded the privileges and immunities of any other

  3  complainant or witness which are provided by s. 456.073(11)

  4  455.621(11).  Furthermore, a professional organization or

  5  association of dentists which sponsors, sanctions, or

  6  otherwise operates or participates in peer review activities

  7  is hereby afforded the same privileges and immunities afforded

  8  to any member of a duly constituted medical review committee

  9  by s. 766.101(3).

10         Section 132.  Paragraph (aa) of subsection (1) and

11  subsections (6) and (7) of section 466.028, Florida Statutes,

12  are amended to read:

13         466.028  Grounds for disciplinary action; action by the

14  board.--

15         (1)  The following acts shall constitute grounds for

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

17  be taken:

18         (aa)  The violation or the repeated violation of this

19  chapter, part II of chapter 456 455, or any rule promulgated

20  pursuant to part II of chapter 456 455 or this chapter; the

21  violation of a lawful order of the board or department

22  previously entered in a disciplinary hearing; or failure to

23  comply with a lawfully issued subpoena of the board or

24  department.

25         (6)  Upon the department's receipt from an insurer or

26  self-insurer of a report of a closed claim against a dentist

27  pursuant to s. 627.912 or upon the receipt from a claimant of

28  a presuit notice against a dentist pursuant to s. 766.106 the

29  department shall review each report and determine whether it

30  potentially involved conduct by a licensee that is subject to

31  disciplinary action, in which case the provisions of s.

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  1  456.073 455.621 shall apply.  However, if it is reported that

  2  a dentist has had any indemnity paid in excess of $25,000 in a

  3  judgment or settlement or has had three or more claims for

  4  dental malpractice within the previous 5-year period which

  5  resulted in indemnity being paid, the department shall

  6  investigate the occurrence upon which the claims were based

  7  and determine if action by the department against the dentist

  8  is warranted.

  9         (7)  Subject to the authority and conditions

10  established in s. 456.073 455.621, the probable cause panel of

11  the board may recommend that the department seek a specified

12  penalty in cases in which probable cause has been found and

13  the panel has directed that an administrative complaint be

14  filed. If the department seeks a penalty other than that

15  recommended by the probable cause panel, the department shall

16  provide the board with a written statement which sets forth

17  the reasons therefor.  Nothing in this subsection shall

18  preclude a probable cause panel of any other board under the

19  jurisdiction of the department from making similar

20  recommendations as penalties.

21         Section 133.  Subsection (5) of section 468.1135,

22  Florida Statutes, is amended to read:

23         468.1135  Board of Speech-Language Pathology and

24  Audiology.--

25         (5)  All provisions of part II of chapter 456 455

26  relating to activities of regulatory boards shall apply to the

27  board.

28         Section 134.  Subsection (10) of section 468.1145,

29  Florida Statutes, is amended to read:

30         468.1145  Fees; establishment; disposition.--

31

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  1         (10)  All moneys derived from fees and fines imposed

  2  pursuant to this part shall be deposited as required by s.

  3  456.025 455.587.

  4         Section 135.  Subsection (4) of section 468.1185,

  5  Florida Statutes, is amended to read:

  6         468.1185  Licensure.--

  7         (4)  The board may refuse to certify any applicant who

  8  is under investigation in any jurisdiction for an act which

  9  would constitute a violation of this part or part II of

10  chapter 456 455 until the investigation is complete and

11  disciplinary proceedings have been terminated.

12         Section 136.  Subsection (1) of section 468.1295,

13  Florida Statutes, is amended to read:

14         468.1295  Disciplinary proceedings.--

15         (1)  The following acts constitute grounds for both

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

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

18  forth in s. 456.065 455.637:

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

20  bribery, by fraudulent misrepresentation, or through an error

21  of the department or the board.

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

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

24  authority of another state, territory, or country.

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

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

27  crime in any jurisdiction which directly relates to the

28  practice of speech-language pathology or audiology.

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

30  licensee knows to be false, intentionally or negligently

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

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

  2  inducing another person to impede or obstruct such filing.

  3  Such report or record shall include only those reports or

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

  5  speech-language pathologist or audiologist.

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

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

  8  content.

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

10  negligence, incompetency, or misconduct in the practice of

11  speech-language pathology or audiology.

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

13  department previously entered in a disciplinary hearing, or

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

15  or department.

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

17  delinquent license.

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

19  advertising matter, promotional literature, testimonial,

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

21  representation, however disseminated or published, which is

22  misleading, deceiving, or untruthful.

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

24  delivery of a product unusable or impractical for the purpose

25  represented or implied by such action.

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

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

28  of testing and calibration of such equipment as designated by

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

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

31  advising any licensee or business entity to practice

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

  2  part II of chapter 456 455, or any rule adopted pursuant

  3  thereto.

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

  5  chapter 456 455 or any rule adopted pursuant thereto.

  6         (n)  Misrepresenting the professional services

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

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

  9  connote the availability of professional services when such

10  use is not accurate.

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

12  hearing aid or its repair is guaranteed without providing full

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

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

15  conditions or limitations imposed upon the guarantee.

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

17  hearing aid utilizing bone conduction has certain specified

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

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

20  and conspicuously that the instrument operates on the bone

21  conduction principle and that in many cases of hearing loss

22  this type of instrument may not be suitable.

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

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

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

26  similar or opposite effect.

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

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

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

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

31

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

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

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

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

  5  hearing aid, except that contacting persons who have evidenced

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

  7  of hearing aids, shall not be considered canvassing.

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

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

10  30 days after such change.

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

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

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

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

15  of a third party.

16         (x)  Practicing or offering to practice beyond the

17  scope permitted by law or accepting and performing

18  professional responsibilities the licensee or

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

20  or certificateholder is not competent to perform.

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

22  unlicensed person to practice speech-language pathology or

23  audiology.

24         (z)  Delegating or contracting for the performance of

25  professional responsibilities by a person when the licensee

26  delegating or contracting for performance of such

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

28  not qualified by training, experience, and authorization to

29  perform them.

30

31

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

  2  would constitute sexual battery or which would constitute

  3  sexual misconduct as defined pursuant to s. 468.1296.

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

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

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

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

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

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

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

11  believe that the licensee or certificateholder is unable to

12  practice the profession because of the reasons stated in this

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

14  licensee or certificateholder to submit to a mental or

15  physical examination by a physician, psychologist, clinical

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

17  counselor designated by the department or board.  If the

18  licensee or certificateholder refuses to comply with the

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

20  be enforced by filing a petition for enforcement in the

21  circuit court in the circuit in which the licensee or

22  certificateholder resides or does business.  The department

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

24  51.011.  A licensee or certificateholder affected under this

25  paragraph shall at reasonable intervals be afforded an

26  opportunity to demonstrate that he or she can resume the

27  competent practice for which he or she is licensed or

28  certified with reasonable skill and safety to patients.

29         Section 137.  Subsection (4) of section 468.1665,

30  Florida Statutes, is amended to read:

31

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  1         468.1665  Board of Nursing Home Administrators;

  2  membership; appointment; terms.--

  3         (4)  All provisions of part II of chapter 456 455

  4  relating to activities of regulatory boards shall apply.

  5         Section 138.  Paragraphs (a) and (i) of subsection (1)

  6  of section 468.1755, Florida Statutes, are amended to read:

  7         468.1755  Disciplinary proceedings.--

  8         (1)  The following acts shall constitute grounds for

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

10         (a)  Violation of any provision of s. 456.072(1)

11  455.624(1) or s. 468.1745(1).

12         (i)  A violation or repeated violations of this part,

13  part II of chapter 456 455, or any rules promulgated pursuant

14  thereto.

15         Section 139.  Section 468.1756, Florida Statutes, is

16  amended to read:

17         468.1756  Statute of limitations.--An administrative

18  complaint may only be filed pursuant to s. 456.073 455.621 for

19  an act listed in s. 468.1755(1)(c)-(q) within 4 years from the

20  time of the incident giving rise to the complaint, or within 4

21  years from the time the incident is discovered or should have

22  been discovered.

23         Section 140.  Subsection (5) of section 468.205,

24  Florida Statutes, is amended to read:

25         468.205  Board of Occupational Therapy Practice.--

26         (5)  All provisions of part II of chapter 456 455

27  relating to activities of the board shall apply.

28         Section 141.  Subsection (1) of section 468.219,

29  Florida Statutes, is amended to read:

30         468.219  Renewal of license; continuing education.--

31

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  1         (1)  Licenses issued under this part are subject to

  2  biennial renewal as provided in s. 456.004 455.521.

  3         Section 142.  Paragraph (c) of subsection (3) of

  4  section 468.354, Florida Statutes, is amended to read:

  5         468.354  Board of Respiratory Care; organization;

  6  function.--

  7         (3)

  8         (c)  All provisions of part II of chapter 456 455,

  9  relating to boards apply to this part.

10         Section 143.  Subsection (3) of section 468.364,

11  Florida Statutes, is amended to read:

12         468.364  Fees; establishment; disposition.--

13         (3)  All moneys collected by the department under this

14  part shall be deposited as required by s. 456.025 455.587.

15         Section 144.  Paragraph (j) of subsection (1) of

16  section 468.365, Florida Statutes, is amended to read:

17         468.365  Disciplinary grounds and actions.--

18         (1)  The following acts constitute grounds for which

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

20         (j)  Violation of any rule adopted pursuant to this

21  part or part II of chapter 456 455.

22         Section 145.  Paragraph (b) of subsection (1) of

23  section 468.402, Florida Statutes, is amended to read:

24         468.402  Duties of the department; authority to issue

25  and revoke license; adoption of rules.--

26         (1)  The department may take any one or more of the

27  actions specified in subsection (5) against any person who

28  has:

29         (b)  Violated any provision of this part, part I of

30  chapter 455, any lawful disciplinary order of the department,

31  or any rule of the department.

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  1         Section 146.  Subsection (3) of section 468.4315,

  2  Florida Statutes, is amended to read:

  3         468.4315  Regulatory Council of Community Association

  4  Managers.--

  5         (3)  To the extent the council is authorized to

  6  exercise functions otherwise exercised by a board pursuant to

  7  part I of chapter 455, the provisions of part I of chapter 455

  8  and s. 20.165 relating to regulatory boards shall apply,

  9  including, but not limited to, provisions relating to board

10  rules and the accountability and liability of board members.

11  All proceedings and actions of the council are subject to the

12  provisions of chapter 120.  In addition, the provisions of

13  part I of chapter 455 and s. 20.165 shall apply to the

14  department in carrying out the duties and authorities

15  conferred upon the department by this part.

16         Section 147.  Paragraphs (c) and (d) of subsection (2)

17  of section 468.453, Florida Statutes, are amended to read:

18         468.453  Licensure required; qualifications;

19  examination; bond.--

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

21  the applicant:

22         (c)  Passes an examination provided by the department

23  which tests the applicant's proficiency to practice as an

24  athlete agent, including, but not limited to, knowledge of the

25  laws and rules of this state relating to athlete agents, this

26  part, and part I of chapter 455.

27         (d)  Has completed the application form and remitted an

28  application fee not to exceed $500, an examination fee not to

29  exceed the actual cost for the examination plus $500, an

30  active licensure fee not to exceed $2,000, and all other

31

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  1  applicable fees provided for in this part or in part I of

  2  chapter 455.

  3         Section 148.  Paragraph (a) of subsection (1) of

  4  section 468.456, Florida Statutes, is amended to read:

  5         468.456  Prohibited acts.--

  6         (1)  The following acts shall be grounds for the

  7  disciplinary actions provided for in subsection (3):

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

  9  an athlete agent including, but not limited to, violations of

10  this part and part I of chapter 455 and any rules promulgated

11  thereunder.

12         Section 149.  Subsection (1) of section 468.4571,

13  Florida Statutes, is amended to read:

14         468.4571  Saving clauses.--

15         (1)  An athlete agent registration valid on October 1,

16  1995, shall remain in full force and effect until the

17  expiration of the registration. Upon expiration of such valid

18  registration, the registrant shall be entitled to licensure

19  pursuant to this part, provided that any discipline in effect

20  pursuant to that registration shall be continued as discipline

21  under the new license.  All regulation of athlete agents and

22  all licenses or permits for athlete agents shall be applied

23  for and renewed in accordance with this part and part I of

24  chapter 455.

25         Section 150.  Section 468.506, Florida Statutes, is

26  amended to read:

27         468.506  Dietetics and Nutrition Practice

28  Council.--There is created the Dietetics and Nutrition

29  Practice Council under the supervision of the board.  The

30  council shall consist of four persons licensed under this part

31  and one consumer who is 60 years of age or older.  Council

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  1  members shall be appointed by the board. Licensed members

  2  shall be appointed based on the proportion of licensees within

  3  each of the respective disciplines.  Members shall be

  4  appointed for 4-year staggered terms.  In order to be eligible

  5  for appointment, each licensed member must have been a

  6  licensee under this part for at least 3 years prior to his or

  7  her appointment.  No council member shall serve more than two

  8  successive terms.  The board may delegate such powers and

  9  duties to the council as it may deem proper to carry out the

10  operations and procedures necessary to effectuate the

11  provisions of this part.  However, the powers and duties

12  delegated to the council by the board must encompass both

13  dietetics and nutrition practice and nutrition counseling. Any

14  time there is a vacancy on the council, any professional

15  association composed of persons licensed under this part may

16  recommend licensees to fill the vacancy to the board in a

17  number at least twice the number of vacancies to be filled,

18  and the board may appoint from the submitted list, in its

19  discretion, any of those persons so recommended.  Any

20  professional association composed of persons licensed under

21  this part may file an appeal regarding a council appointment

22  with the secretary of the department, whose decision shall be

23  final.  The board shall fix council members' compensation and

24  pay their expenses in the same manner as provided in s.

25  456.011 455.534.

26         Section 151.  Section 468.507, Florida Statutes, is

27  amended to read:

28         468.507  Authority to adopt rules.--The board has

29  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

30  to implement the provisions of this part and part II of

31  chapter 456 455 conferring duties upon it.  The powers and

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  1  duties of the board as set forth in this part shall in no way

  2  limit or interfere with the powers and duties of the board as

  3  set forth in chapter 458.  All powers and duties of the board

  4  set forth in this part shall be supplemental and additional

  5  powers and duties to those conferred upon the board by chapter

  6  458.

  7         Section 152.  Subsection (3) of section 468.513,

  8  Florida Statutes, is amended to read:

  9         468.513  Dietitian/nutritionist; licensure by

10  endorsement.--

11         (3)  The agency shall not issue a license by

12  endorsement under this section to any applicant who is under

13  investigation in any jurisdiction for any act which would

14  constitute a violation of this part or part II of chapter 456

15  455 until such time as the investigation is complete and

16  disciplinary proceedings have been terminated.

17         Section 153.  Section 468.523, Florida Statutes, is

18  amended to read:

19         468.523  Applicability of s. 20.165 and pt. I of ch.

20  455.--All provisions of s. 20.165 and part I of chapter 455

21  relating to activities of regulatory boards shall apply.

22         Section 154.  Subsection (3) of section 468.526,

23  Florida Statutes, is amended to read:

24         468.526  License required; fees.--

25         (3)  Each employee leasing company and employee leasing

26  company group licensee shall pay to the department upon the

27  initial issuance of a license and upon each renewal thereafter

28  a license fee not to exceed $2,500 to be established by the

29  board. In addition to the license fee, the board shall

30  establish an annual assessment for each employee leasing

31  company and each employee leasing company group sufficient to

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  1  cover all costs for regulation of the profession pursuant to

  2  this chapter, part I of chapter 455, and any other applicable

  3  provisions of law. The annual assessment shall:

  4         (a)  Be due and payable upon initial licensure and

  5  subsequent renewals thereof and 1 year before the expiration

  6  of any licensure period; and

  7         (b)  Be based on a fixed percentage, variable classes,

  8  or a combination of both, as determined by the board, of gross

  9  Florida payroll for employees leased to clients by the

10  applicant or licensee during the period beginning five

11  quarters before and ending one quarter before each assessment.

12  It is the intent of the Legislature that the greater weight of

13  total fees for licensure and assessments should be on larger

14  companies and groups.

15         Section 155.  Paragraph (i) of subsection (1) of

16  section 468.532, Florida Statutes, is amended to read:

17         468.532  Discipline.--

18         (1)  The following constitute grounds for which

19  disciplinary action against a licensee may be taken by the

20  board:

21         (i)  Violating any provision of this part or any lawful

22  order or rule issued under the provisions of this part or part

23  I of chapter 455.

24         Section 156.  Subsection (1) of section 468.535,

25  Florida Statutes, is amended to read:

26         468.535  Investigations; audits; review.--

27         (1)  The department may make investigations, audits, or

28  reviews within or outside this state as it deems necessary:

29         (a)  To determine whether a person or company has

30  violated or is in danger of violating any provision of this

31

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  1  part, part I of chapter 455, or any rule or order thereunder;

  2  or

  3         (b)  To aid in the enforcement of this part or part I

  4  of chapter 455.

  5         Section 157.  Subsections (2) and (5) of section

  6  468.703, Florida Statutes, are amended to read:

  7         468.703  Board of Athletic Training.--

  8         (2)  Five members of the board must be licensed

  9  athletic trainers. One member of the board must be a physician

10  licensed under chapter 458 or chapter 459. One member of the

11  board must be a physician licensed under chapter 460. Two

12  members of the board shall be consumer members, each of whom

13  must be a resident of this state who has never worked as an

14  athletic trainer, who has no financial interest in the

15  practice of athletic training, and who has never been a

16  licensed health care practitioner as defined in s. 456.001(4)

17  455.501(4).

18         (5)  All provisions of part II of chapter 456 455

19  relating to activities of the board shall apply.

20         Section 158.  Section 468.705, Florida Statutes, is

21  amended to read:

22         468.705  Rulemaking authority.--The board is authorized

23  to adopt rules pursuant to ss. 120.536(1) and 120.54 to

24  implement provisions of this part conferring duties upon it.

25  The provisions of s. 456.011(5) 455.534(5) shall apply to the

26  board's activity. Such rules shall include, but not be limited

27  to, the allowable scope of practice regarding the use of

28  equipment, procedures, and medication, requirements for a

29  written protocol between the athletic trainer and a

30  supervising physician, licensure requirements, licensure

31  examination, continuing education requirements, fees, records,

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  1  and reports to be filed by licensees, protocols, and any other

  2  requirements necessary to regulate the practice of athletic

  3  training.

  4         Section 159.  Subsection (2) of section 468.707,

  5  Florida Statutes, is amended to read:

  6         468.707  Licensure by examination; requirements.--

  7         (2)  Pursuant to the requirements of s. 456.034

  8  455.607, each applicant shall complete a continuing education

  9  course on human immunodeficiency virus and acquired immune

10  deficiency syndrome as part of initial licensure.

11         Section 160.  Subsections (1) and (3) of section

12  468.711, Florida Statutes, are amended to read:

13         468.711  Renewal of license; continuing education.--

14         (1)  The department shall renew a license upon receipt

15  of the renewal application and fee, provided the applicant is

16  in compliance with the provisions of this part, part II of

17  chapter 456 455, and rules promulgated pursuant thereto.

18         (3)  Pursuant to the requirements of s. 456.034

19  455.607, each licensee shall complete a continuing education

20  course on human immunodeficiency virus and acquired immune

21  deficiency syndrome as part of biennial relicensure.

22         Section 161.  Paragraph (a) of subsection (1) and

23  subsection (2) of section 468.719, Florida Statutes, are

24  amended to read:

25         468.719  Disciplinary actions.--

26         (1)  The following acts shall be grounds for

27  disciplinary actions provided for in subsection (2):

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

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

30  violation of this part, s. 456.072 455.624, or any rule

31  adopted pursuant thereto.

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

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

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

  4  456.072 455.624.

  5         Section 162.  Subsection (4) of section 468.801,

  6  Florida Statutes, is amended to read:

  7         468.801  Board of Orthotists and Prosthetists;

  8  appointment; membership; terms; headquarters.--

  9         (4)  The provisions of part II of chapter 456 455

10  relating to activities of regulatory boards apply to the

11  board.

12         Section 163.  Section 468.811, Florida Statutes, is

13  amended to read:

14         468.811  Disciplinary proceedings.--

15         (1)  The following acts are grounds for disciplinary

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

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

18  s. 456.072 455.624, against any person who engages in or aids

19  in a violation.

20         (a)  Attempting to procure a license by fraudulent

21  misrepresentation.

22         (b)  Having a license to practice orthotics,

23  prosthetics, or pedorthics revoked, suspended, or otherwise

24  acted against, including the denial of licensure in another

25  jurisdiction.

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

27  nolo contendere to, regardless of adjudication, in any

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

29  orthotics, prosthetics, or pedorthics, including violations of

30  federal laws or regulations regarding orthotics, prosthetics,

31  or pedorthics.

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

  2  is false, intentionally or negligently failing to file a

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

  4  impeding or obstructing such filing, or inducing another

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

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

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

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

  9  false, deceptive, or misleading manner.

10         (f)  Violation of this act or part II of chapter 456

11  455, or any rules adopted thereunder.

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

13  department previously entered in a disciplinary hearing or

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

15  or department.

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

17  license.

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

19  deliver orthotic, prosthetic, or pedorthic services with that

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

21  prudent licensed practitioner with similar professional

22  training as being acceptable under similar conditions and

23  circumstances.

24         (j)  Failing to provide written notice of any

25  applicable warranty for an orthosis, prosthesis, or pedorthic

26  device that is provided to a patient.

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

28  of the penalties in s. 456.072(2) 455.624(2) against any

29  person who violates any provision of subsection (1).

30         Section 164.  Subsection (5) of section 468.823,

31  Florida Statutes, is amended to read:

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  1         468.823  Certified nursing assistants; certification

  2  requirement.--

  3         (5)  A certified nursing assistant shall maintain a

  4  current address with the department in accordance with s.

  5  456.035 455.717.

  6         Section 165.  Paragraph (b) of subsection (1) of

  7  section 468.824, Florida Statutes, is amended to read:

  8         468.824  Denial, suspension, or revocation of

  9  certification; disciplinary actions.--

10         (1)  The following acts constitute grounds for which

11  the department may impose disciplinary sanctions as specified

12  in subsection (2):

13         (b)  Intentionally violating any provision of this

14  chapter, chapter 456 455, or the rules adopted by the

15  department.

16

17  After January 1, 2000, the department must notify an applicant

18  seeking an exemption from disqualification from certification

19  or employment of its decision to approve or deny the request

20  within 30 days after the date the department receives all

21  required documentation.

22         Section 166.  Section 468.825, Florida Statutes, is

23  amended to read:

24         468.825  Availability of disciplinary records and

25  proceedings.--Pursuant to s. 456.073 455.621, any complaint or

26  record maintained by the Department of Health pursuant to the

27  discipline of a certified nursing assistant and any proceeding

28  held by the department to discipline a certified nursing

29  assistant shall remain open and available to the public.

30         Section 167.  Paragraph (b) of subsection (1) of

31  section 469.009, Florida Statutes, is amended to read:

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  1         469.009  License revocation, suspension, and denial of

  2  issuance or renewal.--

  3         (1)  The department may revoke, suspend, or deny the

  4  issuance or renewal of a license; reprimand, censure, or place

  5  on probation any contractor, consultant, financially

  6  responsible officer, or business organization; require

  7  financial restitution to a consumer; impose an administrative

  8  fine not to exceed $5,000 per violation; require continuing

  9  education; or assess costs associated with any investigation

10  and prosecution if the contractor or consultant, or business

11  organization or officer or agent thereof, is found guilty of

12  any of the following acts:

13         (b)  Violating any provision of part I of chapter 455.

14

15  For the purposes of this subsection, construction is

16  considered to be commenced when the contract is executed and

17  the contractor has accepted funds from the customer or lender.

18         Section 168.  Subsection (4) of section 470.003,

19  Florida Statutes, is amended to read:

20         470.003  Board of Funeral Directors and Embalmers;

21  membership; appointment; terms.--

22         (4)  All provisions of part I of chapter 455 and s.

23  20.165 relating to activities of regulatory boards shall

24  apply.

25         Section 169.  Paragraph (h) of subsection (1) of

26  section 470.036, Florida Statutes, is amended to read:

27         470.036  Disciplinary proceedings.--

28         (1)  The following acts constitute grounds for which

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

30

31

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  1         (h)  A violation or repeated violation of this chapter

  2  or of part I of chapter 455 and any rules promulgated pursuant

  3  thereto.

  4         Section 170.  Section 471.008, Florida Statutes, is

  5  amended to read:

  6         471.008  Rules of the board.--The board has authority

  7  to adopt rules pursuant to ss. 120.536(1) and 120.54 to

  8  implement provisions of this chapter or part I of chapter 455

  9  conferring duties upon it.

10         Section 171.  Subsection (4) of section 471.015,

11  Florida Statutes, is amended to read:

12         471.015  Licensure.--

13         (4)  The department shall not issue a license by

14  endorsement to any applicant who is under investigation in

15  another state for any act that would constitute a violation of

16  ss. 471.001-471.037 or of part I of chapter 455 until such

17  time as the investigation is complete and disciplinary

18  proceedings have been terminated.

19         Section 172.  Paragraphs (c) and (h) of subsection (1)

20  of section 471.033, Florida Statutes, are amended to read:

21         471.033  Disciplinary proceedings.--

22         (1)  The following acts constitute grounds for which

23  the disciplinary actions in subsection (3) may be taken:

24         (c)  Having a license to practice engineering revoked,

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

26  licensure, by the licensing authority of another state,

27  territory, or country, for any act that would constitute a

28  violation of this chapter or part I of chapter 455.

29         (h)  Violating part I of chapter 455.

30         Section 173.  Subsections (4) and (5) of section

31  471.038, Florida Statutes, are amended to read:

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  1         471.038  Florida Engineers Management Corporation.--

  2         (4)  The Florida Engineers Management Corporation is

  3  created to provide administrative, investigative, and

  4  prosecutorial services to the board in accordance with the

  5  provisions of part I of chapter 455 and this chapter. The

  6  corporation may hire staff as necessary to carry out its

  7  functions. Such staff are not public employees for the

  8  purposes of chapter 110 or chapter 112. The provisions of s.

  9  768.28 apply to the corporation, which is deemed to be a

10  corporation primarily acting as an instrumentality of the

11  state, but which is not an agency within the meaning of s.

12  20.03(11). The corporation shall:

13         (a)  Be a Florida corporation not for profit,

14  incorporated under the provisions of chapter 617.

15         (b)  Provide administrative, investigative, and

16  prosecutorial services to the board in accordance with the

17  provisions of part I of chapter 455 and this chapter.

18         (c)  Receive, hold, and administer property and make

19  expenditures for the benefit of the board.

20         (d)  Be approved by the board and the department to

21  operate for the benefit of the board and in the best interest

22  of the state.

23         (e)  Operate under a fiscal year that begins on July 1

24  of each year and ends on June 30 of the following year.

25         (f)  Have a seven-member board of directors, five of

26  whom are to be appointed by the board and must be registrants

27  regulated by the board and two of whom are to be appointed by

28  the secretary and must be laypersons not regulated by the

29  board. The corporation shall select its officers in accordance

30  with its bylaws. The members of the board of directors may be

31

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  1  removed by the board, with the concurrence of the department,

  2  for the same reasons that a board member may be removed.

  3         (g)  Operate under a written contract with the

  4  department which is approved by the board and renewed

  5  annually. The initial contract must be entered into no later

  6  than March 1, 1998. The contract must provide for:

  7         1.  Approval of the articles of incorporation and

  8  bylaws of the corporation by the department and the board.

  9         2.  Submission by the corporation of an annual budget

10  that complies with board rules for approval by the board and

11  the department.

12         3.  Annual certification by the board and the

13  department that the corporation is complying with the terms of

14  the contract in a manner consistent with the goals and

15  purposes of the board and in the best interest of the state.

16  This certification must be reported in the board's minutes.

17         4.  Employment by the department of a contract

18  administrator to actively supervise the administrative,

19  investigative, and prosecutorial activities of the corporation

20  to ensure compliance with the contract and the provisions of

21  part I of chapter 455 and this chapter and to act as a liaison

22  for the department, the board, and the corporation to ensure

23  the effective operation of the corporation.

24         5.  Funding of the corporation through appropriations

25  allocated to the regulation of professional engineers from the

26  Professional Regulation Trust Fund.

27         6.  The reversion to the board, or the state if the

28  board ceases to exist, of moneys and property held in trust by

29  the corporation for the benefit of the board, if the

30  corporation is no longer approved to operate for the board or

31  the board ceases to exist.

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  1         7.  The securing and maintaining by the corporation,

  2  during the term of the contract and for all acts performed

  3  during the term of the contract, of all liability insurance

  4  coverages in an amount to be approved by the department to

  5  defend, indemnify, and hold harmless the corporation and its

  6  officers and employees, the department and its employees, and

  7  the state against all claims arising from state and federal

  8  laws. Such insurance coverage must be with insurers qualified

  9  and doing business in the state. The corporation must provide

10  proof of insurance to the department. The department and its

11  employees and the state are exempt from and are not liable for

12  any sum of money which represents a deductible, which sums

13  shall be the sole responsibility of the corporation. Violation

14  of this subparagraph shall be grounds for terminating the

15  contract.

16         (h)  Provide for an annual financial and compliance

17  audit of its financial accounts and records by an independent

18  certified public accountant in conjunction with the Auditor

19  General. The annual audit report must be submitted to the

20  board and the department for review and approval. Copies of

21  the audit must be submitted to the secretary and the

22  Legislature together with any other information requested by

23  the secretary, the board, or the Legislature.

24         (i)  Submit to the secretary, the board, and the

25  Legislature, on or before January 1 of each year, a report on

26  the status of the corporation which includes, but is not

27  limited to, information concerning the programs and funds that

28  have been transferred to the corporation. The report must

29  include: the number of license applications received; the

30  number approved and denied and the number of licenses issued;

31  the number of examinations administered and the number of

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  1  applicants who passed or failed the examination; the number of

  2  complaints received; the number determined to be legally

  3  sufficient; the number dismissed; the number determined to

  4  have probable cause; the number of administrative complaints

  5  issued and the status of the complaints; and the number and

  6  nature of disciplinary actions taken by the board.

  7         (5)  The corporation may not exercise any authority

  8  specifically assigned to the board under part I of chapter 455

  9  or this chapter, including determining probable cause to

10  pursue disciplinary action against a licensee, taking final

11  action on license applications or in disciplinary cases, or

12  adopting administrative rules under chapter 120.

13         Section 174.  Subsection (4) of section 472.015,

14  Florida Statutes, is amended to read:

15         472.015  Licensure.--

16         (4)  The department shall not issue a license by

17  endorsement to any applicant who is under investigation in

18  another state for any act that would constitute a violation of

19  ss. 472.001-472.041 or part I of chapter 455 until such time

20  as the investigation is complete and disciplinary proceedings

21  have been terminated.

22         Section 175.  Subsection (1) of section 473.3035,

23  Florida Statutes, is amended to read:

24         473.3035  Division of Certified Public Accounting.--

25         (1)  All services concerning this chapter, including,

26  but not limited to, recordkeeping services, examination

27  services, legal services, and investigative services, and

28  those services in part I of chapter 455 necessary to perform

29  the duties of this chapter shall be provided by the Division

30  of Certified Public Accounting.  The board may, by majority

31  vote, delegate a duty or duties to the appropriate division

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  1  within the department. The board may, by majority vote,

  2  rescind any such delegation of duties at any time.

  3         Section 176.  Subsection (5) of section 473.308,

  4  Florida Statutes, is amended to read:

  5         473.308  Licensure.--

  6         (5)  The board may refuse to certify for licensure any

  7  applicant who is under investigation in another state for any

  8  act which would constitute a violation of this act or part I

  9  of chapter 455, until such time as the investigation is

10  complete and disciplinary proceedings have been terminated.

11         Section 177.  Subsection (1) of section 473.311,

12  Florida Statutes, is amended to read:

13         473.311  Renewal of license.--

14         (1)  The department shall renew a license upon receipt

15  of the renewal application and fee and upon certification by

16  the board that the licensee has satisfactorily completed the

17  continuing education requirements of s. 473.312 and has passed

18  an examination approved by the board on part I of chapter 455

19  and this chapter and the related administrative rules.

20         Section 178.  Paragraph (h) of subsection (1) of

21  section 473.323, Florida Statutes, is amended to read:

22         473.323  Disciplinary proceedings.--

23         (1)  The following acts constitute grounds for which

24  the disciplinary actions in subsection (3) may be taken:

25         (h)  Violation of any rule adopted pursuant to this

26  chapter or part I of chapter 455.

27         Section 179.  Subsection (3) of section 474.204,

28  Florida Statutes, is amended to read:

29         474.204  Board of Veterinary Medicine.--

30         (3)  All provisions of part I of chapter 455 relating

31  to activities of regulatory boards shall apply.

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  1         Section 180.  Paragraph (f) of subsection (1) of

  2  section 474.214, Florida Statutes, is amended to read:

  3         474.214  Disciplinary proceedings.--

  4         (1)  The following acts shall constitute grounds for

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

  6         (f)  Violating any provision of this chapter or part I

  7  of chapter 455, a rule of the board or department, or a lawful

  8  order of the board or department previously entered in a

  9  disciplinary hearing, or failing to comply with a lawfully

10  issued subpoena of the department.

11         Section 181.  Subsection (1) of section 475.021,

12  Florida Statutes, is amended to read:

13         475.021  Division of Real Estate.--

14         (1)  All services concerning this chapter, including,

15  but not limited to, recordkeeping services, examination

16  services, legal services, and investigative services, and

17  those services in part I of chapter 455 necessary to perform

18  the duties of this chapter shall be provided by the Division

19  of Real Estate.  The commission may, by majority vote,

20  delegate a duty or duties to the appropriate division within

21  the department.  The commission may, by majority vote, rescind

22  any such delegation of duties at any time.

23         Section 182.  Subsection (3) of section 475.181,

24  Florida Statutes, is amended to read:

25         475.181  Licensure.--

26         (3)  The department may not issue a license to any

27  applicant who is under investigation in any other state,

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

29  national jurisdiction for any act that would constitute a

30  violation of this part or part I of chapter 455 until such

31

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  1  time as the investigation is complete and disciplinary

  2  proceedings have been terminated.

  3         Section 183.  Paragraph (e) of subsection (1) of

  4  section 475.25, Florida Statutes, is amended to read:

  5         475.25  Discipline.--

  6         (1)  The commission may deny an application for

  7  licensure, registration, or permit, or renewal thereof; may

  8  place a licensee, registrant, or permittee on probation; may

  9  suspend a license, registration, or permit for a period not

10  exceeding 10 years; may revoke a license, registration, or

11  permit; may impose an administrative fine not to exceed $1,000

12  for each count or separate offense; and may issue a reprimand,

13  and any or all of the foregoing, if it finds that the

14  licensee, registrant, permittee, or applicant:

15         (e)  Has violated any of the provisions of this chapter

16  or any lawful order or rule made or issued under the

17  provisions of this chapter or part I of chapter 455.

18         Section 184.  Subsection (4) of section 475.624,

19  Florida Statutes, is amended to read:

20         475.624  Discipline.--The board may deny an application

21  for registration, licensure, or certification; may investigate

22  the actions of any appraiser registered, licensed, or

23  certified under this part; may reprimand or impose an

24  administrative fine not to exceed $5,000 for each count or

25  separate offense against any such appraiser; and may revoke or

26  suspend, for a period not to exceed 10 years, the

27  registration, license, or certification of any such appraiser,

28  or place any such appraiser on probation, if it finds that the

29  registered assistant, licensee, or certificateholder:

30

31

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  1         (4)  Has violated any of the provisions of this section

  2  or any lawful order or rule issued under the provisions of

  3  this section or part I of chapter 455.

  4         Section 185.  Paragraph (i) of subsection (1) of

  5  section 476.204, Florida Statutes, is amended to read:

  6         476.204  Penalties.--

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

  8         (i)  Violate or refuse to comply with any provision of

  9  this chapter or part I of chapter 455 or a rule or final order

10  of the board.

11         Section 186.  Paragraph (i) of subsection (1) of

12  section 477.029, Florida Statutes, is amended to read:

13         477.029  Penalty.--

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

15         (i)  Violate or refuse to comply with any provision of

16  this chapter or part I of chapter 455 or a rule or final order

17  of the board or the department.

18         Section 187.  Subsection (5) of section 480.044,

19  Florida Statutes, is amended to read:

20         480.044  Fees; disposition.--

21         (5)  All moneys collected by the department from fees

22  authorized by this act shall be paid into the Medical Quality

23  Assurance Trust Fund in the department and shall be applied in

24  accordance with the provisions of s. 456.025 455.587.  The

25  Legislature may appropriate any excess moneys from this fund

26  to the General Revenue Fund.

27         Section 188.  Section 481.2055, Florida Statutes, is

28  amended to read:

29         481.2055  Authority to make rules.--The board has

30  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

31

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  1  to implement provisions of this part and part I of chapter 455

  2  conferring duties upon it.

  3         Section 189.  Subsection (5) of section 481.213,

  4  Florida Statutes, is amended to read:

  5         481.213  Licensure.--

  6         (5)  The board may refuse to certify any applicant who

  7  is under investigation in any jurisdiction for any act which

  8  would constitute a violation of this part or of part I of

  9  chapter 455 until such time as the investigation is complete

10  and disciplinary proceedings have been terminated.

11         Section 190.  Paragraphs (a) and (c) of subsection (1)

12  of section 481.225, Florida Statutes, are amended to read:

13         481.225  Disciplinary proceedings against registered

14  architects.--

15         (1)  The following acts constitute grounds for which

16  the disciplinary actions in subsection (3) may be taken:

17         (a)  Violating any provision of s. 455.227(1), s.

18  481.221, or s. 481.223, or any rule of the board or department

19  lawfully adopted pursuant to this part or part I of chapter

20  455.

21         (c)  Having a license to practice architecture revoked,

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

23  licensure, by the licensing authority of another state,

24  territory, or country, for any act that would constitute a

25  violation of this part or of part I of chapter 455.

26         Section 191.  Paragraph (b) of subsection (1) of

27  section 481.2251, Florida Statutes, is amended to read:

28         481.2251  Disciplinary proceedings against registered

29  interior designers.--

30

31

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  1         (1)  The following acts constitute grounds for which

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

  3  taken:

  4         (b)  Having a license to practice interior design

  5  revoked, suspended, or otherwise acted against, including the

  6  denial of licensure, by the licensing authority of another

  7  jurisdiction for any act which would constitute a violation of

  8  this part or of part I of chapter 455;

  9         Section 192.  Section 481.306, Florida Statutes, is

10  amended to read:

11         481.306  Authority to make rules.--The board has

12  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

13  to implement the provisions of this chapter and part I of

14  chapter 455 conferring duties upon it.

15         Section 193.  Subsection (5) of section 481.311,

16  Florida Statutes, is amended to read:

17         481.311  Licensure.--

18         (5)  The board may refuse to certify any applicant who

19  is under investigation in any jurisdiction for any act which

20  would constitute a violation of this act or of part I of

21  chapter 455, until the investigation is complete and

22  disciplinary proceedings have been terminated.

23         Section 194.  Paragraph (h) of subsection (1) of

24  section 481.325, Florida Statutes, is amended to read:

25         481.325  Disciplinary proceedings.--

26         (1)  The following acts constitute grounds for which

27  the disciplinary actions in subsection (3) may be taken:

28         (h)  Violation of any rule adopted pursuant to this

29  part or part I of chapter 455.

30         Section 195.  Subsection (5) of section 483.805,

31  Florida Statutes, is amended to read:

                                 195

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  1         483.805  Board of Clinical Laboratory Personnel.--

  2         (5)  All provisions of part II of chapter 456 455

  3  relating to activities of regulatory boards shall apply to the

  4  board.

  5         Section 196.  Subsection (10) of section 483.807,

  6  Florida Statutes, is amended to read:

  7         483.807  Fees; establishment; disposition.--

  8         (10)  All fees shall be established, collected, and

  9  deposited in accordance with s. 456.025 455.587.

10         Section 197.  Paragraph (j) of subsection (4) and

11  paragraph (b) of subsection (5) of section 483.901, Florida

12  Statutes, are amended to read:

13         483.901  Medical physicists; definitions; licensure.--

14         (4)  COUNCIL.--The Advisory Council of Medical

15  Physicists is created in the Department of Health to advise

16  the department in regulating the practice of medical physics

17  in this state.

18         (j)  A council member may be removed from the council

19  if the member:

20         1.  Did not have the required qualifications at the

21  time of appointment;

22         2.  Does not maintain the required qualifications while

23  serving on the council; or

24         3.  Fails to attend the regularly scheduled council

25  meetings in a calendar year as required by s. 456.011 455.534.

26         (5)  POWERS OF COUNCIL.--The council shall:

27         (b)  Recommend practice standards for the practice of

28  medical physics which are consistent with the Guidelines for

29  Ethical Practice for Medical Physicists prepared by the

30  American Association of Physicists in Medicine and

31  disciplinary guidelines adopted under s. 456.079 455.627.

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  1         Section 198.  Subsection (1) of section 484.014,

  2  Florida Statutes, is amended to read:

  3         484.014  Disciplinary actions.--

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

  5  opticianry shall be grounds for both disciplinary action

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

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

  8  in s. 456.065 455.637 against any person operating an optical

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

10  violation:

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

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

13  the department or the board.

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

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

16  representation.

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

18  licensee knows to be false, intentionally or negligently

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

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

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

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

23  or file as an optician.

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

25  available by providing such information upon request or upon

26  the presentation of a prescription.

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

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

29  content.

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

31  misconduct, in the authorized practice of opticianry.

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

  2  part II of chapter 456 455 or any rules promulgated pursuant

  3  thereto.

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

  5  delinquent license.

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

  7  department previously entered in a disciplinary hearing or

  8  failing to comply with a lawfully issued subpoena of the

  9  department.

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

11         (k)  Conspiring with another licensee or with any

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

13  coerce, intimidate, or preclude another licensee from lawfully

14  advertising her or his services.

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

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

17         (m)  Failing to keep written prescription files.

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

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

20  department or the board.

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

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

23  of a third party.

24         (p)  Gross or repeated malpractice.

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

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

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

28  practice of opticianry.

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

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

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

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  1  relates to the ability to practice opticianry or to the

  2  practice of opticianry.

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

  4  another state for any offense that would constitute a

  5  violation of Florida law or rules regulating opticianry.

  6         (t)  Being unable to practice opticianry with

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

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

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

10  affected under this paragraph shall at reasonable intervals be

11  afforded an opportunity to demonstrate that she or he can

12  resume the competent practice of opticianry with reasonable

13  skill and safety to her or his customers.

14         Section 199.  Subsection (4) of section 484.042,

15  Florida Statutes, is amended to read:

16         484.042  Board of Hearing Aid Specialists; membership,

17  appointment, terms.--

18         (4)  All provisions of part II of chapter 456 455

19  relating to activities of regulatory boards apply to the

20  board. However, notwithstanding the requirement of s.

21  456.073(4) 455.621(4) that the board provide by rule for the

22  determination of probable cause by a panel composed of its

23  members or by the department, the board may provide by rule

24  that its probable cause panel may be composed of one current

25  member of the board and one past member of the board, as long

26  as the past member is a licensed hearing aid specialist in

27  good standing.  The past board member shall be appointed to

28  the panel for a maximum of 2 years by the chair of the board

29  with the approval of the secretary.

30         Section 200.  Subsection (1) of section 484.056,

31  Florida Statutes, is amended to read:

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  1         484.056  Disciplinary proceedings.--

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

  3  dispensing hearing aids shall be grounds for both disciplinary

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

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

  6  department as set forth in s. 456.065 455.637 against any

  7  person owning or operating a hearing aid establishment who

  8  engages in, aids, or abets any such violation:

  9         (a)  Violation of any provision of s. 456.072(1)

10  455.624(1), s. 484.0512, or s. 484.053.

11         (b)  Attempting to procure a license to dispense

12  hearing aids by bribery, by fraudulent misrepresentations, or

13  through an error of the department or the board.

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

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

16  licensure, by the licensing authority of another state,

17  territory, or country.

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

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

20  crime in any jurisdiction which directly relates to the

21  practice of dispensing hearing aids or the ability to practice

22  dispensing hearing aids, including violations of any federal

23  laws or regulations regarding hearing aids.

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

25  licensee knows to be false, intentionally or negligently

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

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

28  inducing another person to impede or obstruct such filing.

29  Such reports or records shall include only those reports or

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

31  hearing aid specialist.

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

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

  3  content.

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

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

  6  practice of dispensing hearing aids.

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

  8  part II of chapter 456 455, or any rules promulgated pursuant

  9  thereto.

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

11  department previously entered in a disciplinary hearing or

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

13  or department.

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

15  delinquent license.

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

17  advertising matter, promotional literature, testimonial,

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

19  representation, however disseminated or published, which is

20  misleading, deceiving, or untruthful.

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

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

23  purpose represented or implied by such action.

24         (m)  Misrepresentation of professional services

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

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

27  "clinical," "medical audiologist," "clinical audiologist,"

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

29  title which might connote the availability of professional

30  services when such use is not accurate.

31

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  1         (n)  Representation, advertisement, or implication that

  2  a hearing aid or its repair is guaranteed without providing

  3  full 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         (o)  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         (p)  Making any predictions or prognostications as to

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

15  terms or with reference to an individual person.

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

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

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

19  similar or opposite effect.

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

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

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

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

24  or in any other sense specially fabricated for an individual

25  person when such is not the case.

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

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

28  hearing aid, except that contacting persons who have evidenced

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

30  of hearing aids, shall not be considered canvassing.

31

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

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

  3  of testing and calibration of audiometric testing equipment on

  4  the form approved by the board.

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

  6  s. 484.051(1).

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

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

  9  of a third party.

10         Section 201.  Sections 456.30, 456.31, 456.32, 456.33,

11  and 456.34, Florida Statutes, are transferred and renumbered

12  as sections 485.001, 485.002, 485.003, 485.004, and 485.005,

13  Florida Statutes, respectively.

14         Section 202.  Subsection (4) of section 486.023,

15  Florida Statutes, is amended to read:

16         486.023  Board of Physical Therapy Practice.--

17         (4)  All provisions of part II of chapter 456 455

18  relating to activities of the board shall apply.

19         Section 203.  Section 486.115, Florida Statutes, is

20  amended to read:

21         486.115  Disposition of fees.--All moneys collected by

22  the department under this chapter shall be deposited and

23  expended pursuant to the provisions of s. 456.025 455.587.

24         Section 204.  Section 486.172, Florida Statutes, is

25  amended to read:

26         486.172  Application of s. 456.021 455.514.--The

27  provisions of s. 456.021 455.514 shall also be applicable to

28  the provisions of this chapter.

29         Section 205.  Paragraph (c) of subsection (1) and

30  paragraph (a) of subsection (11) of section 489.129, Florida

31  Statutes, are amended to read:

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  1         489.129  Disciplinary proceedings.--

  2         (1)  The board may take any of the following actions

  3  against any certificateholder or registrant:  place on

  4  probation or reprimand the licensee, revoke, suspend, or deny

  5  the issuance or renewal of the certificate, registration, or

  6  certificate of authority, require financial restitution to a

  7  consumer for financial harm directly related to a violation of

  8  a provision of this part, impose an administrative fine not to

  9  exceed $5,000 per violation, require continuing education, or

10  assess costs associated with investigation and prosecution, if

11  the contractor, financially responsible officer, or business

12  organization for which the contractor is a primary qualifying

13  agent, a financially responsible officer, or a secondary

14  qualifying agent responsible under s. 489.1195 is found guilty

15  of any of the following acts:

16         (c)  Violating any provision of part I of chapter 455.

17

18  For the purposes of this subsection, construction is

19  considered to be commenced when the contract is executed and

20  the contractor has accepted funds from the customer or lender.

21  A contractor does not commit a violation of this subsection

22  when the contractor relies on a building code interpretation

23  rendered by a building official or person authorized by s.

24  553.80 to enforce the building code, absent a finding of fraud

25  or deceit in the practice of contracting, or gross negligence,

26  repeated negligence, or negligence resulting in a significant

27  danger to life or property on the part of the building

28  official, in a proceeding under chapter 120.

29         (11)(a)  Notwithstanding the provisions of chapters

30  chapter 120 and part I of chapter 455, upon receipt of a

31  legally sufficient consumer complaint alleging a violation of

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  1  this part, the department may provide by rule for binding

  2  arbitration between the complainant and the certificateholder

  3  or registrant, provided the following conditions exist:

  4         1.  There is evidence that the complainant has suffered

  5  or is likely to suffer monetary damages resulting from the

  6  violation of this part;

  7         2.  The certificateholder or registrant does not have a

  8  history of repeated or similar violations;

  9         3.  Reasonable grounds exist to believe that the public

10  interest will be better served by arbitration than by

11  disciplinary action; and

12         4.  The complainant and certificateholder or registrant

13  have not previously entered into private arbitration, and no

14  civil court action based on the same transaction has been

15  filed.

16         Section 206.  Paragraph (a) of subsection (1) and

17  paragraphs (a) and (e) of subsection (7) of section 489.533,

18  Florida Statutes, are amended to read:

19         489.533  Disciplinary proceedings.--

20         (1)  The following acts shall constitute grounds for

21  disciplinary actions as provided in subsection (2):

22         (a)  Failure to comply with any provision of part I of

23  chapter 455.

24

25  For the purposes of this subsection, construction is

26  considered to be commenced when the contract is executed and

27  the contractor has accepted funds from the customer or lender.

28         (7)(a)  The department may, by rule, provide for a

29  mediation process for the complainant and the licensee.

30  Notwithstanding the provisions of chapters chapter 120 and

31  part I of chapter 455, upon receipt of a legally sufficient

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  1  consumer complaint alleging a violation of this part, both the

  2  licensee and the complainant may consent in writing to

  3  mediation within 15 days following notification of this

  4  process by the department.  The department may suspend all

  5  action in the matter for 45 days when notice of consent to

  6  mediation is received by the department. If the mediation

  7  process is successfully concluded within the 60-day period,

  8  the department may close the case file with a notation of the

  9  disposition and the licensee's record shall reflect only that

10  a complaint was filed and resolved through mediation.  If

11  mediation is rejected by either the complainant or licensee,

12  or should said parties fail to reach a mediated solution

13  within the 60-day period, the department shall process the

14  complaint in the manner required by chapters chapter 120 and

15  part I of chapter 455.  The mediator shall provide a written

16  report to the department of the mediation results within 10

17  days of the conclusion of the mediation process as provided by

18  rule.

19         (e)  The department, in conjunction with the board,

20  shall determine by rule the types of cases which may be

21  included in the mediation process. The department may initiate

22  or continue disciplinary action, pursuant to part I of chapter

23  455 and this chapter against the licensee as determined by

24  rule.

25         Section 207.  Subsection (5) of section 490.004,

26  Florida Statutes, is amended to read:

27         490.004  Board of Psychology.--

28         (5)  All applicable provisions of part II of chapter

29  456 455 relating to activities of regulatory boards shall

30  apply to the board.

31

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  1         Section 208.  Section 490.00515, Florida Statutes, is

  2  amended to read:

  3         490.00515  Exemptions from public records and meetings

  4  requirements.--The exemptions from s. 119.07(1) provided by

  5  ss. 456.073(2) and (10) 455.621(2) and (10) and 456.076(3)(e)

  6  and (5)(a) 455.707(3)(e) and (5)(a) also apply to information

  7  concerning a provisional psychologist regulated by the Agency

  8  for Health Care Administration and the Department of Health

  9  under this chapter, a registered clinical social worker

10  intern, a registered marriage and family therapist intern, a

11  registered mental health counselor intern, a provisional

12  clinical social worker, a provisional marriage and family

13  therapist, or a provisional mental health counselor regulated

14  by the Agency for Health Care Administration and the

15  Department of Health under chapter 491.  The exemption from s.

16  286.011 provided by s. 456.073(4) 455.621(4) also applies to

17  the proceedings of a probable cause panel with respect to an

18  investigation concerning a provisional psychologist, a

19  registered clinical social worker intern, a registered

20  marriage and family therapist intern, a registered mental

21  health counselor intern, a provisional clinical social worker,

22  a provisional marriage and family therapist, or a provisional

23  mental health counselor regulated by the agency and department

24  under this chapter or chapter 491. This section is subject to

25  the Open Government Sunset Review Act of 1995 in accordance

26  with s. 119.15 and shall stand repealed on October 2, 2002,

27  unless reviewed and saved from repeal through reenactment by

28  the Legislature.

29         Section 209.  Paragraph (q) of subsection (2) of

30  section 490.009, Florida Statutes, is amended to read:

31         490.009  Discipline.--

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  1         (2)  The following acts of a licensee, provisional

  2  licensee, or applicant are grounds for which the disciplinary

  3  actions listed in subsection (1) may be taken:

  4         (q)  Violating provisions of this chapter, or of part

  5  II of chapter 456 455, or any rules adopted pursuant thereto.

  6         Section 210.  Section 490.0141, Florida Statutes, is

  7  amended to read:

  8         490.0141  Practice of hypnosis.--A licensed

  9  psychologist who is qualified as determined by the board may

10  practice hypnosis as defined in s. 485.003(1) 456.32(1).  The

11  provisions of this chapter may not be interpreted to limit or

12  affect the right of any person qualified pursuant to chapter

13  485 456 to practice hypnosis pursuant to that chapter or to

14  practice hypnosis for nontherapeutic purposes, so long as such

15  person does not hold herself or himself out to the public as

16  possessing a license issued pursuant to this chapter or use a

17  title protected by this chapter.

18         Section 211.  Subsection (1) of section 490.015,

19  Florida Statutes, is amended to read:

20         490.015  Duties of the department.--

21         (1)  All functions reserved to boards under part II of

22  chapter 456 455 shall be exercised by the department with

23  respect to the regulation of school psychologists and in a

24  manner consistent with the exercise of its regulatory

25  functions.

26         Section 212.  Subsection (6) of section 491.004,

27  Florida Statutes, is amended to read:

28         491.004  Board of Clinical Social Work, Marriage and

29  Family Therapy, and Mental Health Counseling.--

30

31

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  1         (6)  All applicable provisions of part II of chapter

  2  456 455 relating to activities of regulatory boards shall

  3  apply to the board.

  4         Section 213.  Section 491.0047, Florida Statutes, is

  5  amended to read:

  6         491.0047  Exemptions from public records and meetings

  7  requirements.--The exemptions from s. 119.07(1) provided by

  8  ss. 456.073(2) and (10) 455.621(2) and (10) and 456.076(3)(e)

  9  and (5)(a) 455.707(3)(e) and (5)(a) also apply to information

10  concerning a provisional psychologist regulated by the Agency

11  for Health Care Administration and the Department of Health

12  under chapter 490, a registered clinical social worker intern,

13  a registered marriage and family therapist intern, a

14  registered mental health counselor intern, a provisional

15  clinical social worker, a provisional marriage and family

16  therapist, or a provisional mental health counselor regulated

17  by the Agency for Health Care Administration and the

18  Department of Health under this chapter.  The exemption from

19  s. 286.011 provided by s. 456.073(4) 455.621(4) also applies

20  to the proceedings of a probable cause panel with respect to

21  an investigation concerning a provisional psychologist, a

22  registered clinical social worker intern, a registered

23  marriage and family therapist intern, a registered mental

24  health counselor intern, a provisional clinical social worker,

25  a provisional marriage and family therapist, or a provisional

26  mental health counselor regulated by the agency and department

27  under chapter 490 or this chapter. This section is subject to

28  the Open Government Sunset Review Act of 1995 in accordance

29  with s. 119.15 and shall stand repealed on October 2, 2002,

30  unless reviewed and saved from repeal through reenactment by

31  the Legislature.

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  1         Section 214.  Paragraph (q) of subsection (2) of

  2  section 491.009, Florida Statutes, is amended to read:

  3         491.009  Discipline.--

  4         (2)  The following acts of a licensee, provisional

  5  licensee, registered intern, certificateholder, or applicant

  6  are grounds for which the disciplinary actions listed in

  7  subsection (1) may be taken:

  8         (q)  Violating provisions of this chapter, or of part

  9  II of chapter 456 455, or any rules adopted pursuant thereto.

10         Section 215.  Section 491.0141, Florida Statutes, is

11  amended to read:

12         491.0141  Practice of hypnosis.--A person licensed

13  under this chapter who is qualified as determined by the board

14  may practice hypnosis as defined in s. 485.003(1) 456.32(1).

15  The provisions of this chapter may not be interpreted to limit

16  or affect the right of any person qualified pursuant to

17  chapter 485 456 to practice hypnosis pursuant to that chapter

18  or to practice hypnosis for nontherapeutic purposes, so long

19  as such person does not hold herself or himself out to the

20  public as possessing a license issued pursuant to this chapter

21  or use a title protected by this chapter.

22         Section 216.  Subsection (1) of section 491.015,

23  Florida Statutes, is amended to read:

24         491.015  Duties of the department as to certified

25  master social workers.--

26         (1)  All functions reserved to boards under part II of

27  chapter 456 455 shall be exercised by the department with

28  respect to the regulation of certified master social workers

29  and in a manner consistent with the exercise of its regulatory

30  functions.

31

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  1         Section 217.  Subsection (2) of section 492.103,

  2  Florida Statutes, is amended to read:

  3         492.103  Board of Professional Geologists.--

  4         (2)  All provisions of part I of chapter 455 relating

  5  to activities of the board shall apply.

  6         Section 218.  Paragraph (h) of subsection (1) of

  7  section 492.113, Florida Statutes, is amended to read:

  8         492.113  Disciplinary proceedings.--

  9         (1)  The following acts constitute grounds for which

10  the disciplinary actions in subsection (3) may be taken:

11         (h)  Violation of part I of chapter 455.

12         Section 219.  Subsection (3) of section 627.668,

13  Florida Statutes, is amended to read:

14         627.668  Optional coverage for mental and nervous

15  disorders required; exception.--

16         (3)  Insurers must maintain strict confidentiality

17  regarding psychiatric and psychotherapeutic records submitted

18  to an insurer for the purpose of reviewing a claim for

19  benefits payable under this section.  These records submitted

20  to an insurer are subject to the limitations of s. 456.057

21  455.667, relating to the furnishing of patient records.

22         Section 220.  Subsection (1) of section 627.912,

23  Florida Statutes, is amended to read:

24         627.912  Professional liability claims and actions;

25  reports by insurers.--

26         (1)  Each self-insurer authorized under s. 627.357 and

27  each insurer or joint underwriting association providing

28  professional liability insurance to a practitioner of medicine

29  licensed under chapter 458, to a practitioner of osteopathic

30  medicine licensed under chapter 459, to a podiatric physician

31  licensed under chapter 461, to a dentist licensed under

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  1  chapter 466, to a hospital licensed under chapter 395, to a

  2  crisis stabilization unit licensed under part IV of chapter

  3  394, to a health maintenance organization certificated under

  4  part I of chapter 641, to clinics included in chapter 390, to

  5  an ambulatory surgical center as defined in s. 395.002, or to

  6  a member of The Florida Bar shall report in duplicate to the

  7  Department of Insurance any claim or action for damages for

  8  personal injuries claimed to have been caused by error,

  9  omission, or negligence in the performance of such insured's

10  professional services or based on a claimed performance of

11  professional services without consent, if the claim resulted

12  in:

13         (a)  A final judgment in any amount.

14         (b)  A settlement in any amount.

15

16  Reports shall be filed with the department and, if the insured

17  party is licensed under chapter 458, chapter 459, chapter 461,

18  or chapter 466, with the Department of Health, no later than

19  30 days following the occurrence of any event listed in

20  paragraph (a) or paragraph (b). The Department of Health shall

21  review each report and determine whether any of the incidents

22  that resulted in the claim potentially involved conduct by the

23  licensee that is subject to disciplinary action, in which case

24  the provisions of s. 456.073 455.621 shall apply. The

25  Department of Health, as part of the annual report required by

26  s. 456.026 455.644, shall publish annual statistics, without

27  identifying licensees, on the reports it receives, including

28  final action taken on such reports by the Department of Health

29  or the appropriate regulatory board.

30         Section 221.  Section 636.039, Florida Statutes, is

31  amended to read:

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  1         636.039  Examination by the department.--The department

  2  shall examine the affairs, transactions, accounts, business

  3  records, and assets of any prepaid limited health service

  4  organization, in the same manner and subject to the same terms

  5  and conditions that apply to insurers under part II of chapter

  6  624, as often as it deems it expedient for the protection of

  7  the people of this state, but not less frequently than once

  8  every 3 years.  In lieu of making its own financial

  9  examination, the department may accept an independent

10  certified public accountant's audit report prepared on a

11  statutory accounting basis consistent with this act. However,

12  except when the medical records are requested and copies

13  furnished pursuant to s. 456.057 455.667, medical records of

14  individuals and records of physicians providing service under

15  contract to the prepaid limited health service organization

16  are not subject to audit, but may be subject to subpoena by

17  court order upon a showing of good cause.  For the purpose of

18  examinations, the department may administer oaths to and

19  examine the officers and agents of a prepaid limited health

20  service organization concerning its business and affairs.  The

21  expenses of examination of each prepaid limited health service

22  organization by the department are subject to the same terms

23  and conditions as apply to insurers under part II of chapter

24  624.  Expenses of all examinations of a prepaid limited health

25  service organization may never exceed a maximum of $20,000 for

26  any 1-year period.

27         Section 222.  Subsection (1) of section 641.27, Florida

28  Statutes, is amended to read:

29         641.27  Examination by the department.--

30         (1)  The department shall examine the affairs,

31  transactions, accounts, business records, and assets of any

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  1  health maintenance organization as often as it deems it

  2  expedient for the protection of the people of this state, but

  3  not less frequently than once every 3 years.  In lieu of

  4  making its own financial examination, the department may

  5  accept an independent certified public accountant's audit

  6  report prepared on a statutory accounting basis consistent

  7  with this part.  However, except when the medical records are

  8  requested and copies furnished pursuant to s. 456.057 455.667,

  9  medical records of individuals and records of physicians

10  providing service under contract to the health maintenance

11  organization shall not be subject to audit, although they may

12  be subject to subpoena by court order upon a showing of good

13  cause.  For the purpose of examinations, the department may

14  administer oaths to and examine the officers and agents of a

15  health maintenance organization concerning its business and

16  affairs.  The examination of each health maintenance

17  organization by the department shall be subject to the same

18  terms and conditions as apply to insurers under chapter 624.

19  In no event shall expenses of all examinations exceed a

20  maximum of $20,000 for any 1-year period.  Any rehabilitation,

21  liquidation, conservation, or dissolution of a health

22  maintenance organization shall be conducted under the

23  supervision of the department, which shall have all power with

24  respect thereto granted to it under the laws governing the

25  rehabilitation, liquidation, reorganization, conservation, or

26  dissolution of life insurance companies.

27         Section 223.  Paragraph (b) of subsection (2) and

28  subsection (6) of section 641.316, Florida Statutes, are

29  amended to read:

30         641.316  Fiscal intermediary services.--

31         (2)

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  1         (b)  The term "fiscal intermediary services

  2  organization" means a person or entity which performs

  3  fiduciary or fiscal intermediary services to health care

  4  professionals who contract with health maintenance

  5  organizations other than a fiscal intermediary services

  6  organization owned, operated, or controlled by a hospital

  7  licensed under chapter 395, an insurer licensed under chapter

  8  624, a third-party administrator licensed under chapter 626, a

  9  prepaid limited health service organization licensed under

10  chapter 636, a health maintenance organization licensed under

11  this chapter, or physician group practices as defined in s.

12  456.053(3)(h) 455.654(3)(f).

13         (6)  Any fiscal intermediary services organization,

14  other than a fiscal intermediary services organization owned,

15  operated, or controlled by a hospital licensed under chapter

16  395, an insurer licensed under chapter 624, a third-party

17  administrator licensed under chapter 626, a prepaid limited

18  health service organization licensed under chapter 636, a

19  health maintenance organization licensed under this chapter,

20  or physician group practices as defined in s. 456.053(3)(h)

21  455.654(3)(f), must register with the department and meet the

22  requirements of this section. In order to register as a fiscal

23  intermediary services organization, the organization must

24  comply with ss. 641.21(1)(c) and (d) and 641.22(6). Should the

25  department determine that the fiscal intermediary services

26  organization does not meet the requirements of this section,

27  the registration shall be denied. In the event that the

28  registrant fails to maintain compliance with the provisions of

29  this section, the department may revoke or suspend the

30  registration. In lieu of revocation or suspension of the

31

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  1  registration, the department may levy an administrative

  2  penalty in accordance with s. 641.25.

  3         Section 224.  Paragraphs (b) and (c) of subsection (5)

  4  and subsections (6) and (8) of section 641.55, Florida

  5  Statutes, are amended to read:

  6         641.55  Internal risk management program.--

  7         (5)

  8         (b)  The information reported to the agency under

  9  paragraph (a) which relates to providers licensed under

10  chapter 458, chapter 459, chapter 461, or chapter 466 must

11  also be reported to the agency quarterly. The agency shall

12  review the information and determine whether any of the

13  incidents potentially involved conduct by a licensee that is

14  subject to disciplinary action, in which case s. 456.073

15  455.621 applies.

16         (c)  Except as otherwise provided in this subsection,

17  any identifying information contained in the annual report and

18  the quarterly reports under paragraphs (a) and (b) is

19  confidential and exempt from s. 119.07(1). This information

20  must not be available to the public as part of the record of

21  investigation for and prosecution in disciplinary proceedings

22  made available to the public by the agency or the appropriate

23  regulatory board. However, the agency shall make available,

24  upon written request by a practitioner against whom probable

25  cause has been found, any such information contained in the

26  records that form the basis of the determination of probable

27  cause under s. 456.073 455.621.

28         (6)  If an adverse or untoward incident, whether

29  occurring in the facilities of the organization or arising

30  from health care prior to enrollment by the organization or

31

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  1  admission to the facilities of the organization or in a

  2  facility of one of its providers, results in:

  3         (a)  The death of a patient;

  4         (b)  Severe brain or spinal damage to a patient;

  5         (c)  A surgical procedure being performed on the wrong

  6  patient; or

  7         (d)  A surgical procedure unrelated to the patient's

  8  diagnosis or medical needs being performed on any patient,

  9

10  the organization must report this incident to the agency

11  within 3 working days after its occurrence. A more detailed

12  followup report must be submitted to the agency within 10 days

13  after the first report. The agency may require an additional,

14  final report. Reports under this subsection must be sent

15  immediately by the agency to the appropriate regulatory board

16  whenever they contain references to a provider licensed under

17  chapter 458, chapter 459, chapter 461, or chapter 466. These

18  reports are confidential and are exempt from s. 119.07(1).

19  This information is not available to the public as part of the

20  record of investigation for and prosecution in disciplinary

21  proceedings made available to the public by the agency or the

22  appropriate regulatory board. However, the agency shall make

23  available, upon written request by a practitioner against whom

24  probable cause has been found, any such information contained

25  in the records that form the basis of the determination of

26  probable cause under s. 456.073 455.621. The agency may

27  investigate, as it deems appropriate, any such incident and

28  prescribe measures that must or may be taken by the

29  organization in response to the incident. The agency shall

30  review each incident and determine whether it potentially

31

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  1  involved conduct by the licensee which is subject to

  2  disciplinary action, in which case s. 456.073 455.621 applies.

  3         (8)  The agency and, upon subpoena issued under s.

  4  456.071 455.611, the appropriate regulatory board must be

  5  given access to all organization records necessary to carry

  6  out the provisions of this section. Any identifying

  7  information contained in the records obtained under this

  8  section is confidential and exempt from s. 119.07(1). The

  9  identifying information contained in records obtained under s.

10  456.071 455.611 is exempt from s. 119.07(1) to the extent that

11  it is part of the record of investigation for and prosecution

12  in disciplinary proceedings made available to the public by

13  the agency or the appropriate regulatory board. However, the

14  agency must make available, upon written request by a

15  practitioner against whom probable cause has been found, any

16  such information contained in the records that form the basis

17  of the determination of probable cause under s. 456.073

18  455.621, except that, with respect to medical review committee

19  records, s. 766.101 controls.

20

21  The gross data compiled under this section or s. 395.0197

22  shall be furnished by the agency upon request to organizations

23  to be utilized for risk management purposes.  The agency shall

24  adopt rules necessary to carry out the provisions of this

25  section.

26         Section 225.  Subsection (2) of section 766.106,

27  Florida Statutes, is amended to read:

28         766.106  Notice before filing action for medical

29  malpractice; presuit screening period; offers for admission of

30  liability and for arbitration; informal discovery; review.--

31

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  1         (2)  After completion of presuit investigation pursuant

  2  to s. 766.203 and prior to filing a claim for medical

  3  malpractice, a claimant shall notify each prospective

  4  defendant and, if any prospective defendant is a health care

  5  provider licensed under chapter 458, chapter 459, chapter 460,

  6  chapter 461, or chapter 466, the Department of Health by

  7  certified mail, return receipt requested, of intent to

  8  initiate litigation for medical malpractice. Notice to the

  9  Department of Health must include the full name and address of

10  the claimant; the full names and any known addresses of any

11  health care providers licensed under chapter 458, chapter 459,

12  chapter 460, chapter 461, or chapter 466 who are prospective

13  defendants identified at the time; the date and a summary of

14  the occurrence giving rise to the claim; and a description of

15  the injury to the claimant. The requirement for notice to the

16  Department of Health does not impair the claimant's legal

17  rights or ability to seek relief for his or her claim, and the

18  notice provided to the department is not discoverable or

19  admissible in any civil or administrative action. The

20  Department of Health shall review each incident and determine

21  whether it involved conduct by a licensee which is potentially

22  subject to disciplinary action, in which case the provisions

23  of s. 456.073 455.621 apply.

24         Section 226.  Subsection (4) of section 766.305,

25  Florida Statutes, is amended to read:

26         766.305  Filing of claims and responses; medical

27  disciplinary review.--

28         (4)  Upon receipt of such petition, the Division of

29  Medical Quality Assurance shall review the information therein

30  and determine whether it involved conduct by a physician

31  licensed under chapter 458 or an osteopathic physician

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  1  licensed under chapter 459 that is subject to disciplinary

  2  action, in which case the provisions of s. 456.073 455.621

  3  shall apply.

  4         Section 227.  Paragraph (b) of subsection (4) of

  5  section 766.314, Florida Statutes, is amended to read:

  6         766.314  Assessments; plan of operation.--

  7         (4)  The following persons and entities shall pay into

  8  the association an initial assessment in accordance with the

  9  plan of operation:

10         (b)1.  On or before October 15, 1988, all physicians

11  licensed pursuant to chapter 458 or chapter 459 as of October

12  1, 1988, other than participating physicians, shall be

13  assessed an initial assessment of $250, which must be paid no

14  later than December 1, 1988.

15         2.  Any such physician who becomes licensed after

16  September 30, 1988, and before January 1, 1989, shall pay into

17  the association an initial assessment of $250 upon licensure.

18         3.  Any such physician who becomes licensed on or after

19  January 1, 1989, shall pay an initial assessment equal to the

20  most recent assessment made pursuant to this paragraph,

21  paragraph (5)(a), or paragraph (7)(b).

22         4.  However, if the physician is a physician specified

23  in this subparagraph, the assessment is not applicable:

24         a.  A resident physician, assistant resident physician,

25  or intern in an approved postgraduate training program, as

26  defined by the Board of Medicine or the Board of Osteopathic

27  Medicine by rule;

28         b.  A retired physician who has withdrawn from the

29  practice of medicine but who maintains an active license as

30  evidenced by an affidavit filed with the Department of Health.

31  Prior to reentering the practice of medicine in this state, a

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  1  retired physician as herein defined must notify the Board of

  2  Medicine or the Board of Osteopathic Medicine and pay the

  3  appropriate assessments pursuant to this section;

  4         c.  A physician who holds a limited license pursuant to

  5  s. 458.317 and who is not being compensated for medical

  6  services;

  7         d.  A physician who is employed full time by the United

  8  States Department of Veterans Affairs and whose practice is

  9  confined to United States Department of Veterans Affairs

10  hospitals; or

11         e.  A physician who is a member of the Armed Forces of

12  the United States and who meets the requirements of s. 456.024

13  455.507.

14         f.  A physician who is employed full time by the State

15  of Florida and whose practice is confined to state-owned

16  correctional institutions, a county health department, or

17  state-owned mental health or developmental services

18  facilities, or who is employed full time by the Department of

19  Health.

20         Section 228.  Paragraph (b) of subsection (3) of

21  section 817.505, Florida Statutes, is amended to read:

22         817.505  Patient brokering prohibited; exceptions;

23  penalties.--

24         (3)  This section shall not apply to:

25         (b)  Any payment, compensation, or financial

26  arrangement within a group practice as defined in s. 456.053

27  455.654, provided such payment, compensation, or arrangement

28  is not to or from persons who are not members of the group

29  practice.

30         Section 229.  Section 937.031, Florida Statutes, is

31  amended to read:

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  1         937.031  Dental records of missing persons; access and

  2  use.--When a person has been reported missing and has not been

  3  located within 30 days after such report, the law enforcement

  4  agency conducting the investigation of the missing person

  5  shall request the family or next of kin to provide written

  6  consent to contact the dentist of the missing person and

  7  request that person's dental records.  Notwithstanding the

  8  provisions of s. 456.057 455.667, a dentist, upon receipt of

  9  proof of written consent, shall release a copy of the dental

10  records of the missing person to the law enforcement agency

11  requesting such records, providing or encoding the dental

12  records in a form requested by the Department of Law

13  Enforcement.  The law enforcement agency shall then enter the

14  dental records into the criminal justice information system

15  for the purpose of comparing such records to those of

16  unidentified deceased persons.

17

18         Reviser's note.--Transfers sections that

19         comprise part II of chapter 455, pertaining to

20         regulation of health-related professions, to

21         chapter 456; transfers sections in present

22         chapter 456, pertaining to hypnosis, to new

23         chapter 485; and amends applicable references

24         in the Florida Statutes to conform to such

25         transfers.

26

27

28

29

30

31

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