House Bill 1625e1

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                                          HB 1625, First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; providing an

  3         appropriation for continued review of clinical

  4         laboratory services for kidney dialysis

  5         patients and requiring a report thereon;

  6         amending s. 455.564, F.S.; revising general

  7         licensing provisions for professions under the

  8         jurisdiction of the Department of Health;

  9         providing for processing of applications from

10         foreign or nonresident applicants not yet

11         having a social security number; providing for

12         temporary licensure of such applicants;

13         revising provisions relating to ongoing

14         criminal investigations or prosecutions;

15         requiring proof of restoration of civil rights

16         under certain circumstances; authorizing

17         requirement for personal appearance prior to

18         grant or denial of a license; providing for

19         tolling of application decision deadlines under

20         certain circumstances; amending s. 455.565,

21         F.S.; eliminating duplicative submission of

22         fingerprints and other information required for

23         criminal history checks; providing for certain

24         access to criminal history information through

25         the department's health care practitioner

26         credentialing system; amending s. 455.5651,

27         F.S.; authorizing the department to publish

28         certain information in practitioner profiles;

29         amending s. 455.5653, F.S.; deleting obsolete

30         language relating to scheduling and development

31         of practitioner profiles for additional health


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                                          HB 1625, First Engrossed



  1         care practitioners; providing the department

  2         access to information on health care

  3         practitioners maintained by the Agency for

  4         Health Care Administration for corroboration

  5         purposes; amending s. 455.5654, F.S.; providing

  6         for adoption by rule of a form for submission

  7         of profiling information; amending s. 455.567,

  8         F.S.; expanding the prohibition against sexual

  9         misconduct to cover violations against

10         guardians and representatives of patients or

11         clients; providing penalties; amending s.

12         455.624, F.S.; revising and providing grounds

13         for disciplinary action relating to having a

14         license to practice a regulated health care

15         profession acted against, sexual misconduct,

16         inability to practice properly due to alcohol

17         or substance abuse or a mental or physical

18         condition, and testing positive for a drug

19         without a lawful prescription therefor;

20         providing for restriction of license as a

21         disciplinary action; providing for issuance of

22         a citation and assessment of a fine for certain

23         first-time violations; reenacting ss. 455.577,

24         455.631, 455.651(2), 455.712(1), 458.347(7)(g),

25         459.022(7)(f), 468.1755(1)(a), 468.719(1)(a)

26         and (2), 468.811, and 484.056(1)(a), F.S.,

27         relating to theft or reproduction of an

28         examination, giving false information,

29         disclosure of confidential information,

30         business establishments providing regulated

31         services without an active status license, and


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                                          HB 1625, First Engrossed



  1         practice violations by physician assistants,

  2         nursing home administrators, athletic trainers,

  3         orthotists, prosthetists, pedorthists, and

  4         hearing aid specialists, to incorporate the

  5         amendment to s. 455.624, F.S., in references

  6         thereto; repealing s. 455.704, F.S., relating

  7         to the Impaired Practitioners Committee;

  8         amending s. 455.707, F.S., relating to impaired

  9         practitioners, to conform; clarifying

10         provisions relating to complaints against

11         impaired practitioners; amending s. 310.102,

12         F.S.; revising and removing references, to

13         conform; amending s. 455.711, F.S.; revising

14         provisions relating to active and inactive

15         status licensure; eliminating reference to

16         delinquency as a licensure status; providing

17         rulemaking authority; amending ss. 455.587 and

18         455.714, F.S.; revising references, to conform;

19         creating s. 455.719, F.S.; providing that the

20         appropriate medical regulatory board, or the

21         department when there is no board, has

22         exclusive authority to grant exemptions from

23         disqualification from employment or contracting

24         with respect to persons under the licensing

25         jurisdiction of that board or the department,

26         as applicable; amending s. 943.0585, F.S.;

27         providing expunged criminal history records to

28         the department under certain circumstances;

29         amending s. 943.059, F.S.; providing sealed

30         criminal history records to the department

31         under certain circumstances; amending s.


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                                          HB 1625, First Engrossed



  1         455.637, F.S.; revising provisions relating to

  2         sanctions against the unlicensed practice of a

  3         health care profession; providing legislative

  4         intent; revising and expanding provisions

  5         relating to civil and administrative remedies;

  6         providing criminal penalties; incorporating and

  7         modifying the substance of current provisions

  8         that impose a fee to combat unlicensed activity

  9         and provide for disposition of the proceeds

10         thereof; providing statutory construction

11         relating to dietary supplements; providing

12         applicability; repealing s. 455.641, F.S.,

13         relating to unlicensed activity fees, to

14         conform; reenacting ss. 455.574(1)(d),

15         468.1295(1), 484.014(1), and 484.056(1), F.S.,

16         relating to violation of security provisions

17         for examinations and violations involving

18         speech-language pathology, audiology,

19         opticianry, and the dispensing of hearing aids,

20         to incorporate the amendment to s. 455.637,

21         F.S., in references thereto; amending s.

22         921.0022, F.S.; modifying the criminal offense

23         severity ranking chart to add or increase the

24         level of various offenses relating to the

25         practice of a health care profession, the

26         practice of medicine, osteopathic medicine,

27         chiropractic medicine, podiatric medicine,

28         naturopathy, optometry, nursing, pharmacy,

29         dentistry, dental hygiene, midwifery,

30         respiratory therapy, and medical physics,

31         practicing as clinical laboratory personnel,


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                                          HB 1625, First Engrossed



  1         and the dispensing of hearing aids; amending s.

  2         457.102, F.S.; revising the definition of

  3         "acupuncture"; amending s. 457.105, F.S.;

  4         revising licensure qualifications to practice

  5         acupuncture; amending s. 457.107, F.S.;

  6         modifying the fee for renewal of a license to

  7         practice acupuncture; amending s. 483.824,

  8         F.S.; revising qualifications of clinical

  9         laboratory directors; designating Florida

10         Alzheimer's Disease Day; providing an effective

11         date.

12

13         WHEREAS, the protection of Florida residents and

14  visitors from death or serious bodily injury that may be

15  caused by unlicensed health care practitioners is a state

16  priority, and

17         WHEREAS, the existing criminal prohibitions have not

18  been vigorously enforced in the past, and

19         WHEREAS, the existing penalties are not severe enough

20  to deter the unlicensed practice of the health care

21  professions, and

22         WHEREAS, persons convicted of practicing without a

23  license should be imprisoned so they cannot continue to hurt

24  Floridians, and

25         WHEREAS, persons convicted of practicing without a

26  license who are not citizens of this country should be

27  deported following incarceration to guarantee that they cannot

28  continue to endanger Floridians, NOW, THEREFORE,

29

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

31


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                                          HB 1625, First Engrossed



  1         Section 1.  Pursuant to section 187 of chapter 99-397,

  2  Laws of Florida, the Agency for Health Care Administration was

  3  directed to conduct a detailed study and analysis of clinical

  4  laboratory services for kidney dialysis patients in the State

  5  of Florida and to report back to the Legislature no later than

  6  February 1, 2000. The agency reported that additional time and

  7  investigative resources were necessary to adequately respond

  8  to the legislative directives. Therefore, the sum of $230,000

  9  from the Agency for Health Care Administration Tobacco

10  Settlement Trust Fund is appropriated to the Agency for Health

11  Care Administration to contract with the University of South

12  Florida to conduct a review of laboratory test utilization,

13  any self-referral to clinical laboratories, financial

14  arrangements among kidney dialysis centers, their medical

15  directors, referring physicians, and any business

16  relationships and affiliations with clinical laboratories, and

17  the quality and effectiveness of kidney dialysis treatment in

18  this state. A report on the findings from such review shall be

19  presented to the President of the Senate, the Speaker of the

20  House of Representatives, and the chairs of the appropriate

21  substantive committees of the Legislature no later than

22  February 1, 2001.

23

24

25         Section 2.  Subsections (1) and (3) of section 455.564,

26  Florida Statutes, are amended to read:

27         455.564  Department; general licensing provisions.--

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

29  profession within the jurisdiction of the department shall

30  apply to the department in writing to take the licensure

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


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                                          HB 1625, First Engrossed



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

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

  3  electronically submitted applications beginning July 1, 2001.

  4  The application and shall require the social security number

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

  6  form shall be supplemented as needed to reflect any material

  7  change in any circumstance or condition stated in the

  8  application which takes place between the initial filing of

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

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

11  application is submitted electronically, the department may

12  require supplemental materials, including an original

13  signature of the applicant and verification of credentials, to

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

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

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

17  notwithstanding any law to the contrary, the department may

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

19  purpose of appointing the county tax collector as the

20  department's agent to accept applications for licenses and

21  applications for renewals of licenses. The agreement must

22  specify the time within which the tax collector must forward

23  any applications and accompanying application fees to the

24  department.

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

26  security number by the Federal Government at the time of

27  application because the applicant is not a citizen or resident

28  of this country, the department may process the application

29  using a unique personal identification number. If such an

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

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


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                                          HB 1625, First Engrossed



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

  2  issuance unless a social security number is obtained and

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

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

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

  6  biennium.

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

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

  9  who is under investigation or prosecution in any jurisdiction

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

11  or the professional practice acts administered by the

12  department and the boards, until such time as the

13  investigation or prosecution is complete, and the time period

14  in which the licensure application must be granted or denied

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

16  results of the investigation or prosecution.

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

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

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

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

21  civil rights have been restored.

22         (c)  In considering applications for licensure, the

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

24  personal appearance of the applicant. If the applicant is

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

26  application must be granted or denied shall be tolled until

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

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

29  regularly scheduled board meetings, or fails to appear before

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

31  application for licensure shall be denied.


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                                          HB 1625, First Engrossed



  1         Section 3.  Paragraph (d) is added to subsection (4) of

  2  section 455.565, Florida Statutes, to read:

  3         455.565  Designated health care professionals;

  4  information required for licensure.--

  5         (4)

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

  7  licensure as a health care practitioner who submits to the

  8  Department of Health a set of fingerprints or information

  9  required for the criminal history check required under this

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

11  fingerprints or other duplicate information required for a

12  criminal history check to the Agency for Health Care

13  Administration, the Department of Juvenile Justice, or the

14  Department of Children and Family Services for employment or

15  licensure with such agency or department if the applicant has

16  undergone a criminal history check as a condition of initial

17  licensure or licensure renewal as a health care practitioner

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

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

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

21  Administration, the Department of Juvenile Justice, and the

22  Department of Children and Family Services shall obtain

23  criminal history information for employment or licensure of

24  health care practitioners by such agency and departments from

25  the Department of Health's health care practitioner

26  credentialing system.

27         Section 4.  Section 455.5651, Florida Statutes, is

28  amended to read:

29         455.5651  Practitioner profile; creation.--

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

31  shall compile the information submitted pursuant to s. 455.565


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                                          HB 1625, First Engrossed



  1  into a practitioner profile of the applicant submitting the

  2  information, except that the Department of Health may develop

  3  a format to compile uniformly any information submitted under

  4  s. 455.565(4)(b).

  5         (2)  On the profile published required under subsection

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

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

  8  history check conducted according to this subsection. If the

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

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

11  history check was performed need not be indicated on the

12  profile. The department, or the board having regulatory

13  authority over the practitioner acting on behalf of the

14  department, shall investigate any information received by the

15  department or the board when it has reasonable grounds to

16  believe that the practitioner has violated any law that

17  relates to the practitioner's practice.

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

19  practitioner's practitioner profile that criminal information

20  that directly relates to the practitioner's ability to

21  competently practice his or her profession.  The department

22  must include in each practitioner's practitioner profile the

23  following statement:  "The criminal history information, if

24  any exists, may be incomplete; federal criminal history

25  information is not available to the public."

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

27  respect to a practitioner licensed under chapter 458 or

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

29  to comply with the financial responsibility requirements of s.

30  458.320 or s. 459.0085. The department shall include, with

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


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                                          HB 1625, First Engrossed



  1  how the practitioner has elected to comply with the financial

  2  responsibility requirements of that section. The department

  3  shall include, with respect to practitioners licensed under

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

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

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

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

  8  in the context of comparing an individual practitioner's

  9  claims to the experience of other practitioners physicians

10  within the same specialty, or profession if the practitioner

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

12  available to the Department of Health. If information relating

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

14  practitioner profile, the profile must also include the

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

16  variety of reasons that do not necessarily reflect negatively

17  on the professional competence or conduct of the practitioner

18  physician.  A payment in settlement of a medical malpractice

19  action or claim should not be construed as creating a

20  presumption that medical malpractice has occurred."

21         (5)  The Department of Health may not include

22  disciplinary action taken by a licensed hospital or an

23  ambulatory surgical center in the practitioner profile.

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

25  practitioner's practitioner profile any other information that

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

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

28  profession.  However, the department must consult with the

29  board having regulatory authority over the practitioner before

30  such information is included in his or her profile.

31


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                                          HB 1625, First Engrossed



  1         (7)  Upon the completion of a practitioner profile

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

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

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

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

  6  Department of Health shall make the profile available to the

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

  8  make the profiles available to the public through the World

  9  Wide Web and other commonly used means of distribution.

10         (8)  Making a practitioner profile available to the

11  public under this section does not constitute agency action

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

13         Section 5.  Section 455.5653, Florida Statutes, is

14  amended to read:

15         455.5653  Practitioner profiles; data

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

17  Department of Health must develop or contract for a computer

18  system to accommodate the new data collection and storage

19  requirements under this act pending the development and

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

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

22  submitted by physicians as a part of their initial licensure

23  or renewal to be compiled into individual practitioner

24  profiles. The Department of Health must incorporate any data

25  required by this act into the computer system used in

26  conjunction with the regulation of health care professions

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

28  year 2000, a schedule and procedures for each practitioner

29  within a health care profession regulated within the Division

30  of Medical Quality Assurance to submit relevant information to

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


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                                          HB 1625, First Engrossed



  1  The Department of Health is authorized to contract with and

  2  negotiate any interagency agreement necessary to develop and

  3  implement the practitioner profiles. The Department of Health

  4  shall have access to any information or record maintained by

  5  the Agency for Health Care Administration, including any

  6  information or record that is otherwise confidential and

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

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

  9  may corroborate any information that practitioners physicians

10  are required to report under s. 455.565.

11         Section 6.  Section 455.5654, Florida Statutes, is

12  amended to read:

13         455.5654  Practitioner profiles; rules;

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

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

16  practitioner profile that the agency is required to prepare.

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

18  public workshops for purposes of rule development to implement

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

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

21  submission of the information required under s. 455.565.

22         Section 7.  Subsection (1) of section 455.567, Florida

23  Statutes, is amended to read:

24         455.567  Sexual misconduct; disqualification for

25  license, certificate, or registration.--

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

27  profession means violation of the professional relationship

28  through which the health care practitioner uses such

29  relationship to engage or attempt to engage the patient or

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

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


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                                          HB 1625, First Engrossed



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

  2  sexual activity outside the scope of the professional practice

  3  of such health care profession. Sexual misconduct in the

  4  practice of a health care profession is prohibited.

  5         Section 8.  Paragraphs (f) and (u) of subsection (1),

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

  7  455.624, Florida Statutes, are amended, and paragraphs (y) and

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

  9         455.624  Grounds for discipline; penalties;

10  enforcement.--

11         (1)  The following acts shall constitute grounds for

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

13  be taken:

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

15  the regulated profession revoked, suspended, or otherwise

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

17  licensing authority of any jurisdiction, including its

18  agencies or subdivisions, for a violation that would

19  constitute a violation under Florida law. The licensing

20  authority's acceptance of a relinquishment of licensure,

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

22  response to or in anticipation of the filing of charges

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

24  license.

25         (u)  Engaging or attempting to engage in sexual

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

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

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

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

30  consent to verbal or physical sexual activity.

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                                          HB 1625, First Engrossed



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

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

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

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

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

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

  7  exists to believe that the licensee is unable to practice

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

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

10  or physical examination by physicians designated by the

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

12  the department's order directing such examination may be

13  enforced by filing a petition for enforcement in the circuit

14  court where the licensee resides or does business. The

15  department shall be entitled to the summary procedure provided

16  in s. 51.011. A licensee or certificateholder affected under

17  this paragraph shall at reasonable intervals be afforded an

18  opportunity to demonstrate that he or she can resume the

19  competent practice of his or her profession with reasonable

20  skill and safety to patients.

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

22  112.0455, on any confirmed preemployment or employer-ordered

23  drug screening when the practitioner does not have a lawful

24  prescription and legitimate medical reason for using such

25  drug.

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

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

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

29  practice act, including conduct constituting a substantial

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

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


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                                          HB 1625, First Engrossed



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

  2  penalties:

  3         (c)  Restriction of practice or license.

  4

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

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

  7  sanctions are necessary to protect the public or to compensate

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

  9  the disciplining authority consider and include in the order

10  requirements designed to rehabilitate the practitioner. All

11  costs associated with compliance with orders issued under this

12  subsection are the obligation of the practitioner.

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

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

15  licensee to satisfy continuing education requirements

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

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

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

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

20  for each hour of continuing education not completed or

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

22  require the licensee to take 1 additional hour of continuing

23  education for each hour not completed or completed late.

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

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

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

27  467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual

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

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

30  455.617 and assess a penalty as determined by rule of the

31  board or department.


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                                          HB 1625, First Engrossed



  1         Section 9.  For the purpose of incorporating the

  2  amendment to section 455.624, Florida Statutes, in references

  3  thereto, the sections or subdivisions of Florida Statutes set

  4  forth below are reenacted to read:

  5         455.577  Penalty for theft or reproduction of an

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

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

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

  9  copying any examination administered by the department,

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

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

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

13  s. 775.084.

14         455.631  Penalty for giving false information.--In

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

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

17  information in the course of applying for or obtaining a

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

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

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

21  obtaining a license from the department, or any board

22  thereunder, to practice a profession by knowingly misleading

23  statements or knowing misrepresentations constitutes a felony

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

25  775.083, or s. 775.084.

26         455.651  Disclosure of confidential information.--

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

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

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

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

31


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                                          HB 1625, First Engrossed



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

  2  contractual relationship.

  3         455.712  Business establishments; requirements for

  4  active status licenses.--

  5         (1)  A business establishment regulated by the Division

  6  of Medical Quality Assurance pursuant to this part may provide

  7  regulated services only if the business establishment has an

  8  active status license. A business establishment that provides

  9  regulated services without an active status license is in

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

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

12  the business establishment.

13         458.347  Physician assistants.--

14         (7)  PHYSICIAN ASSISTANT LICENSURE.--

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

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

17  physician assistant if the physician assistant or the

18  supervising physician has been found guilty of or is being

19  investigated for any act that constitutes a violation of this

20  chapter or part II of chapter 455.

21         459.022  Physician assistants.--

22         (7)  PHYSICIAN ASSISTANT LICENSURE.--

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

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

25  a physician assistant if the physician assistant or the

26  supervising physician has been found guilty of or is being

27  investigated for any act that constitutes a violation of this

28  chapter or part II of chapter 455.

29         468.1755  Disciplinary proceedings.--

30         (1)  The following acts shall constitute grounds for

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


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                                          HB 1625, First Engrossed



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

  2  468.1745(1).

  3         468.719  Disciplinary actions.--

  4         (1)  The following acts shall be grounds for

  5  disciplinary actions provided for in subsection (2):

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

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

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

  9  pursuant thereto.

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

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

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

13  455.624.

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

19  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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                                          HB 1625, First Engrossed



  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 455,

11  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. 455.624(2) against any person who

29  violates any provision of subsection (1).

30         484.056  Disciplinary proceedings.--

31


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                                          HB 1625, First Engrossed



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

  2  dispensing hearing aids shall be grounds for both disciplinary

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

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

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

  6  owning or operating a hearing aid establishment who engages

  7  in, aids, or abets any such violation:

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

  9  484.0512, or s. 484.053.

10         Section 10.  Section 455.704, Florida Statutes, is

11  repealed.

12         Section 11.  Subsections (1), (2), and (3) of section

13  455.707, Florida Statutes, are amended to read:

14         455.707  Treatment programs for impaired

15  practitioners.--

16         (1)  For professions that do not have impaired

17  practitioner programs provided for in their practice acts, the

18  department shall, by rule, designate approved impaired

19  practitioner treatment programs under this section. The

20  department may adopt rules setting forth appropriate criteria

21  for approval of treatment providers based on the policies and

22  guidelines established by the Impaired Practitioners

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

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

25  with the department in intervention, requirements for

26  evaluating and treating a professional, and requirements for

27  the continued care and monitoring of a professional by the

28  consultant by an approved at a department-approved treatment

29  provider.  The department shall not compel any impaired

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

31  additional professions.


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                                          HB 1625, First Engrossed



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

  2  practitioner consultants as recommended by the committee.  A

  3  consultant shall be a licensee or recovered licensee under the

  4  jurisdiction of the Division of Medical Quality Assurance

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

  6  practitioner or recovered practitioner licensed under chapter

  7  458, chapter 459, or chapter 464.  The consultant shall assist

  8  the probable cause panel and department in carrying out the

  9  responsibilities of this section.  This shall include working

10  with department investigators to determine whether a

11  practitioner is, in fact, impaired.

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

13  oral legally sufficient complaint alleging that a licensee

14  under the jurisdiction of the Division of Medical Quality

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

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

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

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

19  against the licensee other than impairment exists, the

20  reporting of such information shall not constitute grounds for

21  discipline pursuant to s. 455.624 or the corresponding grounds

22  for discipline within the applicable practice act a complaint

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

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

25  board, finds:

26         1.  The licensee has acknowledged the impairment

27  problem.

28         2.  The licensee has voluntarily enrolled in an

29  appropriate, approved treatment program.

30         3.  The licensee has voluntarily withdrawn from

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


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                                          HB 1625, First Engrossed



  1  consultant determined by the panel, or the department when

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

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

  4  licensee has successfully completed an approved treatment

  5  program.

  6         4.  The licensee has executed releases for medical

  7  records, authorizing the release of all records of

  8  evaluations, diagnoses, and treatment of the licensee,

  9  including records of treatment for emotional or mental

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

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

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

13  treatment program.

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

15  legally sufficient complaint and the licensee agrees to

16  withdraw from practice until such time as the consultant

17  determines the licensee has satisfactorily completed an

18  approved treatment program or evaluation, the probable cause

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

20  become involved in the licensee's case.

21         (c)  Inquiries related to impairment treatment programs

22  designed to provide information to the licensee and others and

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

24  the public shall not constitute a complaint within the meaning

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

26  subsection.

27         (d)  Whenever the department receives a legally

28  sufficient complaint alleging that a licensee is impaired as

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

30  licensee other than impairment exists, the department shall

31  forward all information in its possession regarding the


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                                          HB 1625, First Engrossed



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

  2  section, a suspension from hospital staff privileges due to

  3  the impairment does not constitute a complaint.

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

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

  6  and all information concerning a practitioner obtained from

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

  8  no board, shall remain confidential and exempt from the

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

10  subsections (5) and (6).

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

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

13  is satisfied, based upon information it receives from the

14  consultant and the department, that the licensee is

15  progressing satisfactorily in an approved impaired

16  practitioner treatment program and no other complaint against

17  the licensee exists.

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

19  Statutes, is amended to read:

20         310.102  Treatment programs for impaired pilots and

21  deputy pilots.--

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

23  treatment programs for impaired pilots and deputy pilots under

24  this section. The department may adopt rules setting forth

25  appropriate criteria for approval of treatment providers based

26  on the policies and guidelines established by the Impaired

27  Practitioners Committee under s. 455.704.

28         Section 13.  Section 455.711, Florida Statutes, is

29  amended to read:

30         455.711  Licenses; active and inactive and delinquent

31  status; delinquency.--


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                                          HB 1625, First Engrossed



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

  2  licensee has an active status license. A licensee who

  3  practices a profession without an active status license is in

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

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

  6  the licensee.

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

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

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

10  licensee who changes from inactive to active status is not

11  eligible to return to inactive status until the licensee

12  thereafter completes a licensure cycle on active status.

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

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

15  inactive status license. The renewal fee for an inactive

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

17  for an active status license.

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

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

20         (a)  Active status licensees choosing inactive status

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

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

23  fee to change licensure status. Active status licensees

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

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

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

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

28  active status, pays any additional licensure fees necessary to

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

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

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


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                                          HB 1625, First Engrossed



  1  education requirements as specified in this section. Inactive

  2  status licensees choosing active status at the time of license

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

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

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

  6  the fee to change licensure status. Inactive status licensees

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

  8  license renewal must pay the difference between the inactive

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

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

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

12  licensure status.

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

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

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

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

17  before the license expires, the license becomes delinquent in

18  the license cycle following expiration.

19         (6)  A delinquent status licensee must affirmatively

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

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

22  inactive status during the licensure cycle in which a licensee

23  becomes delinquent. Failure by a delinquent status licensee to

24  become active or inactive before the expiration of the current

25  licensure cycle renders the license null without any further

26  action by the board or the department. Any subsequent

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

28  requirements imposed on an applicant for new licensure.

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

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

31  to exceed the biennial renewal fee for an active status


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                                          HB 1625, First Engrossed



  1  license, on a delinquent status licensee when such licensee

  2  applies for active or inactive status.

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

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

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

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

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

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

  9  board, may by rule impose reasonable conditions, excluding

10  full reexamination but including part of a national

11  examination or a special purpose examination to assess current

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

13  on inactive status for more than two consecutive biennial

14  licensure cycles and who applies for active status can

15  practice with the care and skill sufficient to protect the

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

17  requirements may differ depending on the length of time

18  licensees are inactive. The costs to meet reactivation

19  requirements shall be borne by licensees requesting

20  reactivation.

21         (10)  Before reactivation, an inactive status licensee

22  or a delinquent licensee who was inactive prior to becoming

23  delinquent must meet the same continuing education

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

25  all biennial licensure periods in which the licensee was

26  inactive or delinquent.

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

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

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

30  enforce discipline previously imposed on a licensee for acts

31


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                                          HB 1625, First Engrossed



  1  or omissions committed by the licensee while holding a

  2  license, whether active, inactive, or delinquent.

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

  4  establishment registered, permitted, or licensed by the

  5  department to do business.

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

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

  8  as necessary to implement this section.

  9         Section 14.  Subsection (3) of section 455.587, Florida

10  Statutes, is amended to read:

11         455.587  Fees; receipts; disposition.--

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

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

14  each active status licensee and each voluntary inactive status

15  licensee in an amount necessary to eliminate a cash deficit

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

17  maintain the financial integrity of the professions as

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

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

20  authorization.

21         Section 15.  Subsection (1) of section 455.714, Florida

22  Statutes, is amended to read:

23         455.714  Renewal and cancellation notices.--

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

25  cycle, the department shall:

26         (a)  Forward a licensure renewal notification to an

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

28  known address of record with the department.

29         (b)  Forward a notice of pending cancellation of

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

31  last known address of record with the department.


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                                          HB 1625, First Engrossed



  1         Section 16.  Section 455.719, Florida Statutes, is

  2  created to read:

  3         455.719  Health care professionals; exemption from

  4  disqualification from employment or contracting.--Any other

  5  provision of law to the contrary notwithstanding, only the

  6  appropriate regulatory board, or the department when there is

  7  no board, may grant an exemption from disqualification from

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

  9  under the licensing jurisdiction of that board or the

10  department, as applicable.

11         Section 17.  Section 455.637, Florida Statutes, is

12  amended to read:

13         455.637  Unlicensed practice of a health care

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

15  penalty; enforcement; citations; fees; allocation and

16  disposition of moneys collected.--

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

18  enforcement of licensure regulation for all health care

19  professions is a state priority in order to protect Florida

20  residents and visitors from the potentially serious and

21  dangerous consequences of receiving medical and health care

22  services from unlicensed persons whose professional education

23  and training and other relevant qualifications have not been

24  approved through the issuance of a license by the appropriate

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

26  unlicensed practice of a health care profession or the

27  performance or delivery of medical or health care services to

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

29  practice that profession, regardless of the means of the

30  performance or delivery of such services, is strictly

31  prohibited.


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                                          HB 1625, First Engrossed



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

  2  care profession shall include the following:

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

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

  5  appropriate regulatory board within the department, has

  6  violated any provision of this part or any statute that

  7  relates to the practice of a profession regulated by the

  8  department, or any rule adopted pursuant thereto, the

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

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

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

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

13  profession by employing such unlicensed person. The issuance

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

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

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

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

18  seeking issuance of an injunction or a writ of mandamus

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

20         (b)  In addition to the foregoing remedies under

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

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

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

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

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

26  subject's name and any other information the department

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

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

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

30  matter in the citation with the department within 30 days

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


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                                          HB 1625, First Engrossed



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

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

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

  4  the department. Each day that the unlicensed practice

  5  continues after issuance of a notice to cease and desist

  6  constitutes a separate violation. The department shall be

  7  entitled to recover the costs of investigation and prosecution

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

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

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

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

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

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

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

15  of collection.

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

17  administrative remedy provided in subsection (1), the

18  department may seek the imposition of a civil penalty through

19  the circuit court for any violation for which the department

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

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

22  $5,000 for each offense. The court may also award to the

23  prevailing party court costs and reasonable attorney fees and,

24  in the event the department prevails, may also award

25  reasonable costs of investigation and prosecution.

26         (d)  In addition to the administrative and civil

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

28  criminal violations and penalties listed in the individual

29  health care practice acts:

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

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


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                                          HB 1625, First Engrossed



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

  2  care profession without an active, valid Florida license to

  3  practice that profession. Practicing without an active, valid

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

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

  6  practice, or offering to practice with an inactive or

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

  8  addressed in subparagraph 3. Applying for employment for a

  9  position that requires a license without notifying the

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

11  active license to practice that profession shall be deemed to

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

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

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

15  profession or as able to provide services that require a

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

17  to practice such profession without a license. The minimum

18  penalty for violating this subparagraph shall be a fine of

19  $1,000 and a minimum mandatory period of incarceration of 1

20  year.

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

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

23  a health care profession without an active, valid Florida

24  license to practice that profession when such practice results

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

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

27  disfigurement; fracture or dislocation of bones or joints;

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

29  any condition that required subsequent surgical repair. The

30  minimum penalty for violating this subparagraph shall be a

31


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                                          HB 1625, First Engrossed



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

  2  of 1 year.

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

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

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

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

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

  8  or offering to practice a health care profession when that

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

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

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

12  s. 775.084. The minimum penalty for violating this

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

14  fine of $500.

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

16  professions regulated by the department, the department shall

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

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

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

20  other fees collected from each licensee. The board with

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

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

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

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

25  balance. The department shall make direct charges to the

26  Medical Quality Assurance Trust Fund by profession. The

27  department shall seek board advice regarding enforcement

28  methods and strategies. The department shall directly credit

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

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

31  licensure provisions. The department shall include all


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                                          HB 1625, First Engrossed



  1  financial and statistical data resulting from unlicensed

  2  activity enforcement as a separate category in the quarterly

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

  4  unlicensed activity account, a balance which remains at the

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

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

  7  account of that profession. The department shall also use

  8  these funds to inform and educate consumers generally on the

  9  importance of using licensed health care practitioners.

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

11  the department shall adopt rules to permit the issuance of

12  citations for unlicensed practice of a profession. The

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

14  subject's name and any other information the department

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

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

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

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

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

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

21  455.621 must be followed. However, if the subject does not

22  dispute the matter in the citation with the department within

23  30 days after the citation is served, the citation shall

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

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

26  conditions as established by rule.

27         (b)  Each day that the unlicensed practice continues

28  after issuance of a citation constitutes a separate violation.

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

30  costs of investigation, in addition to any penalty provided

31


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                                          HB 1625, First Engrossed



  1  according to department rule as part of the penalty levied

  2  pursuant to the citation.

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

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

  5  at the subject's last known address.

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

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

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

  9  allocation of the fees assessed and collected to combat

10  unlicensed practice of a profession.

11         (4)(5)  The provisions of this section apply only to

12  health care the professional practice acts administered by the

13  department.

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

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

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

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

18  or recommending the dietary supplement does so in compliance

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

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

21  455.501(4).

22         Section 18.  The amendment of s. 455.637, Florida

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

24  after the effective date of such section.

25         Section 19.  Section 455.641, Florida Statutes, is

26  repealed.

27         Section 20.  For the purpose of incorporating the

28  amendment to section 455.637, Florida Statutes, in references

29  thereto, the sections or subdivisions of Florida Statutes set

30  forth below are reenacted to read:

31         455.574  Department of Health; examinations.--


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                                          HB 1625, First Engrossed



  1         (1)

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

  3  board, shall adopt rules regarding the security and monitoring

  4  of examinations.  The department shall implement those rules

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

  6  security of examinations, the department may employ the

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

  8  injunctive relief against an examinee who violates the

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

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

11  purposes of investigation, confiscate any written,

12  photographic, or recording material or device in the

13  possession of the examinee at the examination site which the

14  department deems necessary to enforce such provisions or

15  rules.

16         468.1295  Disciplinary proceedings.--

17         (1)  The following acts constitute grounds for both

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

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

20  forth in s. 455.637:

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

22  bribery, by fraudulent misrepresentation, or through an error

23  of the department or the board.

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

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

26  authority of another state, territory, or country.

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

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

29  crime in any jurisdiction which directly relates to the

30  practice of speech-language pathology or audiology.

31


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                                          HB 1625, First Engrossed



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

  2  licensee knows to be false, intentionally or negligently

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

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

  5  inducing another person to impede or obstruct such filing.

  6  Such report or record shall include only those reports or

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

  8  speech-language pathologist or audiologist.

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

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

11  content.

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

13  negligence, incompetency, or misconduct in the practice of

14  speech-language pathology or audiology.

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

16  department previously entered in a disciplinary hearing, or

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

18  or department.

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

20  delinquent license.

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

22  advertising matter, promotional literature, testimonial,

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

24  representation, however disseminated or published, which is

25  misleading, deceiving, or untruthful.

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

27  delivery of a product unusable or impractical for the purpose

28  represented or implied by such action.

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

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

31


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                                          HB 1625, First Engrossed



  1  of testing and calibration of such equipment as designated by

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

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

  4  advising any licensee or business entity to practice

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

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

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

  8  chapter 455 or any rule adopted pursuant thereto.

  9         (n)  Misrepresenting the professional services

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

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

12  connote the availability of professional services when such

13  use is not accurate.

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

15  hearing aid or its repair is guaranteed without providing full

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

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

18  conditions or limitations imposed upon the guarantee.

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

20  hearing aid utilizing bone conduction has certain specified

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

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

23  and conspicuously that the instrument operates on the bone

24  conduction principle and that in many cases of hearing loss

25  this type of instrument may not be suitable.

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

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

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

29  similar or opposite effect.

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

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


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                                          HB 1625, First Engrossed



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

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

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

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

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

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

  7  hearing aid, except that contacting persons who have evidenced

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

  9  of hearing aids, shall not be considered canvassing.

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

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

12  30 days after such change.

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

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

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

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

17  of a third party.

18         (x)  Practicing or offering to practice beyond the

19  scope permitted by law or accepting and performing

20  professional responsibilities the licensee or

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

22  or certificateholder is not competent to perform.

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

24  unlicensed person to practice speech-language pathology or

25  audiology.

26         (z)  Delegating or contracting for the performance of

27  professional responsibilities by a person when the licensee

28  delegating or contracting for performance of such

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

30  not qualified by training, experience, and authorization to

31  perform them.


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                                          HB 1625, First Engrossed



  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         484.014  Disciplinary actions.--

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

31  opticianry shall be grounds for both disciplinary action


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                                          HB 1625, First Engrossed



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

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

  3  in s. 455.637 against any person operating an optical

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

  5  violation:

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

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

  8  the department or the board.

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

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

11  representation.

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

13  licensee knows to be false, intentionally or negligently

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

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

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

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

18  or file as an optician.

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

20  available by providing such information upon request or upon

21  the presentation of a prescription.

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

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

24  content.

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

26  misconduct, in the authorized practice of opticianry.

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

28  part II of chapter 455 or any rules promulgated pursuant

29  thereto.

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

31  delinquent license.


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                                          HB 1625, First Engrossed



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

  2  department previously entered in a disciplinary hearing or

  3  failing to comply with a lawfully issued subpoena of the

  4  department.

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

  6         (k)  Conspiring with another licensee or with any

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

  8  coerce, intimidate, or preclude another licensee from lawfully

  9  advertising her or his services.

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

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

12         (m)  Failing to keep written prescription files.

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

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

15  department or the board.

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

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

18  of a third party.

19         (p)  Gross or repeated malpractice.

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

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

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

23  practice of opticianry.

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

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

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

27  relates to the ability to practice opticianry or to the

28  practice of opticianry.

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

30  another state for any offense that would constitute a

31  violation of Florida law or rules regulating opticianry.


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                                          HB 1625, First Engrossed



  1         (t)  Being unable to practice opticianry with

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

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

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

  5  affected under this paragraph shall at reasonable intervals be

  6  afforded an opportunity to demonstrate that she or he can

  7  resume the competent practice of opticianry with reasonable

  8  skill and safety to her or his customers.

  9         484.056  Disciplinary proceedings.--

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

11  dispensing hearing aids shall be grounds for both disciplinary

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

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

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

15  owning or operating a hearing aid establishment who engages

16  in, aids, or abets any such violation:

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

18  484.0512, or s. 484.053.

19         (b)  Attempting to procure a license to dispense

20  hearing aids by bribery, by fraudulent misrepresentations, or

21  through an error of the department or the board.

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

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

24  licensure, by the licensing authority of another state,

25  territory, or country.

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

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

28  crime in any jurisdiction which directly relates to the

29  practice of dispensing hearing aids or the ability to practice

30  dispensing hearing aids, including violations of any federal

31  laws or regulations regarding hearing aids.


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                                          HB 1625, First Engrossed



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

  2  licensee knows to be false, intentionally or negligently

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

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

  5  inducing another person to impede or obstruct such filing.

  6  Such reports or records shall include only those reports or

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

  8  hearing aid specialist.

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

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

11  content.

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

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

14  practice of dispensing hearing aids.

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

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

17  thereto.

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

19  department previously entered in a disciplinary hearing or

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

21  or department.

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

23  delinquent license.

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

25  advertising matter, promotional literature, testimonial,

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

27  representation, however disseminated or published, which is

28  misleading, deceiving, or untruthful.

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

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

31  purpose represented or implied by such action.


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                                          HB 1625, First Engrossed



  1         (m)  Misrepresentation of professional services

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

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

  4  "clinical," "medical audiologist," "clinical audiologist,"

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

  6  title which might connote the availability of professional

  7  services when such use is not accurate.

  8         (n)  Representation, advertisement, or implication that

  9  a hearing aid or its repair is guaranteed without providing

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

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

12  conditions or limitations imposed upon the guarantee.

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

14  hearing aid utilizing bone conduction has certain specified

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

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

17  and conspicuously that the instrument operates on the bone

18  conduction principle and that in many cases of hearing loss

19  this type of instrument may not be suitable.

20         (p)  Making any predictions or prognostications as to

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

22  terms or with reference to an individual person.

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 "prescription-made"

31


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                                          HB 1625, First Engrossed



  1  or in any other sense specially fabricated for an individual

  2  person 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)  Failure to submit to the board on an annual basis,

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

10  of testing and calibration of audiometric testing equipment on

11  the form approved by the board.

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

13  s. 484.051(1).

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

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

16  of a third party.

17         Section 21.  Paragraphs (a) and (g) of subsection (3)

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

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

22

23  Florida           Felony

24  Statute           Degree             Description

25

26                              (a)  LEVEL 1

27  24.118(3)(a)       3rd      Counterfeit or altered state

28                              lottery ticket.

29  212.054(2)(b)      3rd      Discretionary sales surtax;

30                              limitations, administration, and

31                              collection.


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                                          HB 1625, First Engrossed



  1  212.15(2)(b)       3rd      Failure to remit sales taxes,

  2                              amount greater than $300 but less

  3                              than $20,000.

  4  319.30(5)          3rd      Sell, exchange, give away

  5                              certificate of title or

  6                              identification number plate.

  7  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

  8                              odometer.

  9  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

10                              registration license plates or

11                              validation stickers.

12  322.212(1)         3rd      Possession of forged, stolen,

13                              counterfeit, or unlawfully issued

14                              driver's license; possession of

15                              simulated identification.

16  322.212(4)         3rd      Supply or aid in supplying

17                              unauthorized driver's license or

18                              identification card.

19  322.212(5)(a)      3rd      False application for driver's

20                              license or identification card.

21  370.13(3)(a)       3rd      Molest any stone crab trap, line,

22                              or buoy which is property of

23                              licenseholder.

24  370.135(1)         3rd      Molest any blue crab trap, line,

25                              or buoy which is property of

26                              licenseholder.

27  372.663(1)         3rd      Poach any alligator or

28                              crocodilia.

29

30

31


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                                          HB 1625, First Engrossed



  1  414.39(2)          3rd      Unauthorized use, possession,

  2                              forgery, or alteration of food

  3                              stamps, Medicaid ID, value

  4                              greater than $200.

  5  414.39(3)(a)       3rd      Fraudulent misappropriation of

  6                              public assistance funds by

  7                              employee/official, value more

  8                              than $200.

  9  443.071(1)         3rd      False statement or representation

10                              to obtain or increase

11                              unemployment compensation

12                              benefits.

13  458.327(1)(a)      3rd      Unlicensed practice of medicine.

14  466.026(1)(a)      3rd      Unlicensed practice of dentistry

15                              or dental hygiene.

16  509.151(1)         3rd      Defraud an innkeeper, food or

17                              lodging value greater than $300.

18  517.302(1)         3rd      Violation of the Florida

19                              Securities and Investor

20                              Protection Act.

21  562.27(1)          3rd      Possess still or still apparatus.

22  713.69             3rd      Tenant removes property upon

23                              which lien has accrued, value

24                              more than $50.

25  812.014(3)(c)      3rd      Petit theft (3rd conviction);

26                              theft of any property not

27                              specified in subsection (2).

28  812.081(2)         3rd      Unlawfully makes or causes to be

29                              made a reproduction of a trade

30                              secret.

31


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                                          HB 1625, First Engrossed



  1  815.04(4)(a)       3rd      Offense against intellectual

  2                              property (i.e., computer

  3                              programs, data).

  4  817.52(2)          3rd      Hiring with intent to defraud,

  5                              motor vehicle services.

  6  826.01             3rd      Bigamy.

  7  828.122(3)         3rd      Fighting or baiting animals.

  8  831.04(1)          3rd      Any erasure, alteration, etc., of

  9                              any replacement deed, map, plat,

10                              or other document listed in s.

11                              92.28.

12  831.31(1)(a)       3rd      Sell, deliver, or possess

13                              counterfeit controlled

14                              substances, all but s. 893.03(5)

15                              drugs.

16  832.041(1)         3rd      Stopping payment with intent to

17                              defraud $150 or more.

18  832.05

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

20                              worthless checks $150 or more or

21                              obtaining property in return for

22                              worthless check $150 or more.

23  838.015(3)         3rd      Bribery.

24  838.016(1)         3rd      Public servant receiving unlawful

25                              compensation.

26  838.15(2)          3rd      Commercial bribe receiving.

27  838.16             3rd      Commercial bribery.

28  843.18             3rd      Fleeing by boat to elude a law

29                              enforcement officer.

30

31


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                                          HB 1625, First Engrossed



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

  2                              lewd, etc., material (2nd

  3                              conviction).

  4  849.01             3rd      Keeping gambling house.

  5  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

  6                              or assist therein, conduct or

  7                              advertise drawing for prizes, or

  8                              dispose of property or money by

  9                              means of lottery.

10  849.23             3rd      Gambling-related machines;

11                              "common offender" as to property

12                              rights.

13  849.25(2)          3rd      Engaging in bookmaking.

14  860.08             3rd      Interfere with a railroad signal.

15  860.13(1)(a)       3rd      Operate aircraft while under the

16                              influence.

17  893.13(2)(a)2.     3rd      Purchase of cannabis.

18  893.13(6)(a)       3rd      Possession of cannabis (more than

19                              20 grams).

20  893.13(7)(a)10.    3rd      Affix false or forged label to

21                              package of controlled substance.

22  934.03(1)(a)       3rd      Intercepts, or procures any other

23                              person to intercept, any wire or

24                              oral communication.

25                              (g)  LEVEL 7

26  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

27                              injury.

28  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

29                              bodily injury.

30

31


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                                          HB 1625, First Engrossed



  1  402.319(2)         2nd      Misrepresentation and negligence

  2                              or intentional act resulting in

  3                              great bodily harm, permanent

  4                              disfiguration, permanent

  5                              disability, or death.

  6  409.920(2)         3rd      Medicaid provider fraud.

  7  455.637(2)         3rd      Practicing a health care

  8                              profession without a license.

  9  455.637(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31


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                                          HB 1625, First Engrossed



  1  467.201            3rd      Practicing midwifery without a

  2                              license.

  3  468.366            3rd      Delivering respiratory care

  4                              services without a license.

  5  483.828(1)         3rd      Practicing as clinical laboratory

  6                              personnel without a license.

  7  483.901(9)         3rd      Practicing medical physics

  8                              without a license.

  9  484.053            3rd      Dispensing hearing aids without a

10                              license.

11  494.0018(2)        1st      Conviction of any violation of

12                              ss. 494.001-494.0077 in which the

13                              total money and property

14                              unlawfully obtained exceeded

15                              $50,000 and there were five or

16                              more victims.

17  782.051(3)         2nd      Attempted felony murder of a

18                              person by a person other than the

19                              perpetrator or the perpetrator of

20                              an attempted felony.

21  782.07(1)          2nd      Killing of a human being by the

22                              act, procurement, or culpable

23                              negligence of another

24                              (manslaughter).

25  782.071            2nd      Killing of human being or viable

26                              fetus by the operation of a motor

27                              vehicle in a reckless manner

28                              (vehicular homicide).

29

30

31


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                                          HB 1625, First Engrossed



  1  782.072            2nd      Killing of a human being by the

  2                              operation of a vessel in a

  3                              reckless manner (vessel

  4                              homicide).

  5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

  6                              causing great bodily harm or

  7                              disfigurement.

  8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.08(2)(a)       1st      Aggravated battery on a person 65

17                              years of age or older.

18  784.081(1)         1st      Aggravated battery on specified

19                              official or employee.

20  784.082(1)         1st      Aggravated battery by detained

21                              person on visitor or other

22                              detainee.

23  784.083(1)         1st      Aggravated battery on code

24                              inspector.

25  790.07(4)          1st      Specified weapons violation

26                              subsequent to previous conviction

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

28  790.16(1)          1st      Discharge of a machine gun under

29                              specified circumstances.

30  796.03             2nd      Procuring any person under 16

31                              years for prostitution.


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                                          HB 1625, First Engrossed



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

  2                              victim less than 12 years of age;

  3                              offender less than 18 years.

  4  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

  5                              victim 12 years of age or older

  6                              but less than 16 years; offender

  7                              18 years or older.

  8  806.01(2)          2nd      Maliciously damage structure by

  9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)      1st      Property stolen, valued at

17                              $100,000 or more; property stolen

18                              while causing other property

19                              damage; 1st degree grand theft.

20  812.019(2)         1st      Stolen property; initiates,

21                              organizes, plans, etc., the theft

22                              of property and traffics in

23                              stolen property.

24  812.131(2)(a)      2nd      Robbery by sudden snatching.

25  812.133(2)(b)      1st      Carjacking; no firearm, deadly

26                              weapon, or other weapon.

27  825.102(3)(b)      2nd      Neglecting an elderly person or

28                              disabled adult causing great

29                              bodily harm, disability, or

30                              disfigurement.

31


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                                          HB 1625, First Engrossed



  1  825.1025(2)        2nd      Lewd or lascivious battery upon

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(b)      2nd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at $20,000 or more, but

  7                              less than $100,000.

  8  827.03(3)(b)       2nd      Neglect of a child causing great

  9                              bodily harm, disability, or

10                              disfigurement.

11  827.04(3)          3rd      Impregnation of a child under 16

12                              years of age by person 21 years

13                              of age or older.

14  837.05(2)          3rd      Giving false information about

15                              alleged capital felony to a law

16                              enforcement officer.

17  872.06             2nd      Abuse of a dead human body.

18  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

19                              cocaine (or other drug prohibited

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

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

22                              1,000 feet of a child care

23                              facility or school.

24  893.13(1)(e)       1st      Sell, manufacture, or deliver

25                              cocaine or other drug prohibited

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

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

28                              1,000 feet of property used for

29                              religious services or a specified

30                              business site.

31


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                                          HB 1625, First Engrossed



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

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

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

  4  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  5                              than 50 lbs., less than 2,000

  6                              lbs.

  7  893.135

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

  9                              28 grams, less than 200 grams.

10  893.135

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

12                              more than 4 grams, less than 14

13                              grams.

14  893.135

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

16                              more than 28 grams, less than 200

17                              grams.

18  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

19                              than 200 grams, less than 5

20                              kilograms.

21  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

22                              than 14 grams, less than 28

23                              grams.

24  893.135

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

26                              grams or more, less than 14

27                              grams.

28         Section 22.  Subsection (1) of section 458.327, Florida

29  Statutes, reads:

30         458.327  Penalty for violations.--

31


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                                          HB 1625, First Engrossed



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

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

  3  775.083, or s. 775.084:

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

  5  medicine without a license to practice in Florida.

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

  7  suspended or revoked to practice medicine.

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

  9  practice medicine by knowing misrepresentation.

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

11  medical practitioner or medical resident in a clinic or

12  hospital through knowing misrepresentation of education,

13  training, or experience.

14         Section 23.  Subsection (1) of section 459.013, Florida

15  Statutes, reads:

16         459.013  Penalty for violations.--

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

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

19  775.083, or s. 775.084:

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

21  attempt to practice osteopathic medicine, without an active

22  license or certificate issued pursuant to this chapter.

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

24  holding a limited license, osteopathic faculty certificate, or

25  other certificate issued under this chapter beyond the scope

26  of practice authorized for such licensee or certificateholder.

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

28  practice osteopathic medicine by knowing misrepresentation.

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

30  osteopathic medical practitioner or osteopathic medical

31


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                                          HB 1625, First Engrossed



  1  resident in a clinic or hospital through knowing

  2  misrepresentation of education, training, or experience.

  3         Section 24.  Subsection (1) of section 460.411, Florida

  4  Statutes, reads:

  5         460.411  Violations and penalties.--

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

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

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

  9  775.084:

10         (a)  Practicing or attempting to practice chiropractic

11  medicine without an active license or with a license

12  fraudulently obtained.

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

14  chiropractic medicine which has been suspended or revoked.

15         Section 25.  Subsection (1) of section 461.012, Florida

16  Statutes, reads:

17         461.012  Violations and penalties.--

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

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

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

21  775.084:

22         (a)  Practicing or attempting to practice podiatric

23  medicine without an active license or with a license

24  fraudulently obtained.

25         (b)  Advertising podiatric services without an active

26  license obtained pursuant to this chapter or with a license

27  fraudulently obtained.

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

29  podiatric medicine which has been suspended or revoked.

30         Section 26.  Section 462.17, Florida Statutes, reads:

31


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                                          HB 1625, First Engrossed



  1         462.17  Penalty for offenses relating to

  2  naturopathy.--Any person who shall:

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

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

  5  or abet in the same;

  6         (2)  Practice naturopathy under the cover of any

  7  diploma, license, record, or registration illegally or

  8  fraudulently obtained or secured or issued unlawfully or upon

  9  fraudulent representations;

10         (3)  Advertise to practice naturopathy under a name

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

12         (4)  Falsely impersonate another practitioner of a like

13  or different name;

14         (5)  Practice or advertise to practice naturopathy or

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

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

17  naturopathy without then being lawfully licensed and

18  authorized to practice naturopathy in this state; or

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

20  license is suspended or revoked

21

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

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

24         Section 27.  Subsection (1) of section 463.015, Florida

25  Statutes, reads:

26         463.015  Violations and penalties.--

27         (1)  Each of the following acts 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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                                          HB 1625, First Engrossed



  1         (a)  Practicing or attempting to practice optometry

  2  without a valid active license issued pursuant to this

  3  chapter.

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

  5  practice optometry by fraudulent misrepresentation.

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

  7  optometry which has been suspended or revoked.

  8         Section 28.  Subsection (1) of section 464.016, Florida

  9  Statutes, reads:

10         464.016  Violations and penalties.--

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

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

13  775.083, or s. 775.084:

14         (a)  Practicing advanced or specialized, professional

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

16  holding an active license or certificate to do so.

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

18  certificate which has been suspended or revoked.

19         (c)  Knowingly employing unlicensed persons in the

20  practice of nursing.

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

22  certificate under this chapter by misleading statements or

23  knowing misrepresentation.

24         Section 29.  Subsection (2) of section 465.015, Florida

25  Statutes, reads:

26         465.015  Violations and penalties.--

27         (2)  It is unlawful for any person:

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

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

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

31  in any proceeding before the board.


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                                          HB 1625, First Engrossed



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

  2  dispense medicinal drugs if such person does not hold an

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

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

  5  acting under the direct and immediate personal supervision of

  6  a licensed pharmacist.

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

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

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

10  products.

11         Section 30.  Subsection (1) of section 466.026, Florida

12  Statutes, reads:

13         466.026  Prohibitions; penalties.--

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

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

16  775.083, or s. 775.084:

17         (a)  Practicing dentistry or dental hygiene unless the

18  person has an appropriate, active license issued by the

19  department pursuant to this chapter.

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

21  pursuant to this chapter which license has been suspended or

22  revoked.

23         (c)  Knowingly employing any person to perform duties

24  outside the scope allowed such person under this chapter or

25  the rules of the board.

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

27  or board for the purpose of obtaining a license.

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

29  degree from a dental college or dental hygiene school or

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

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


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                                          HB 1625, First Engrossed



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

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

  3  whom it was granted.

  4         Section 31.  Section 467.201, Florida Statutes, reads:

  5         467.201  Violations and penalties.--Each of the

  6  following acts constitutes a felony of the third degree,

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

  8  775.084:

  9         (1)  Practicing midwifery, unless holding an active

10  license to do so.

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

12  been suspended or revoked.

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

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

15         (4)  Knowingly allowing a student midwife to practice

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

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

18  this chapter through bribery or fraudulent misrepresentation.

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

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

21  person is licensed to practice midwifery, unless such person

22  is duly licensed as provided in this chapter.

23         (7)  Knowingly concealing information relating to the

24  enforcement of this chapter or rules adopted pursuant thereto.

25         Section 32.  Section 468.366, Florida Statutes, reads:

26         468.366  Penalties for violations.--

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

28  any firm, association, or corporation, to:

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

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

31


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                                          HB 1625, First Engrossed



  1  abet in the sale, procurement, or attempted procurement

  2  thereof.

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

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

  5  license, or record that was illegally or fraudulently obtained

  6  or signed or issued unlawfully or under fraudulent

  7  representation.

  8         (c)  Deliver respiratory care services, as defined by

  9  this part or by rule of the board, unless such person is duly

10  licensed to do so under the provisions of this part or unless

11  such person is exempted pursuant to s. 468.368.

12         (d)  Use, in connection with his or her name, any

13  designation tending to imply that he or she is a respiratory

14  care practitioner or a respiratory therapist, duly licensed

15  under the provisions of this part, unless he or she is so

16  licensed.

17         (e)  Advertise an educational program as meeting the

18  requirements of this part, or conduct an educational program

19  for the preparation of respiratory care practitioners or

20  respiratory therapists, unless such program has been approved

21  by the board.

22         (f)  Knowingly employ unlicensed persons in the

23  delivery of respiratory care services, unless exempted by this

24  part.

25         (g)  Knowingly conceal information relative to any

26  violation of this part.

27         (2)  Any violation of this section is a felony of the

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

29  775.083, or s. 775.084.

30         Section 33.  Subsection (1) of section 483.828, Florida

31  Statutes, reads:


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                                          HB 1625, First Engrossed



  1         483.828  Penalties for violations.--

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

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

  4  775.083, or s. 775.084:

  5         (a)  Practicing as clinical laboratory personnel

  6  without an active license.

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

  8  as clinical laboratory personnel which is suspended or

  9  revoked.

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

11  practice as clinical laboratory personnel by knowing

12  misrepresentation.

13         Section 34.  Subsection (9) of section 483.901, Florida

14  Statutes, reads:

15         483.901  Medical physicists; definitions; licensure.--

16         (9)  PENALTY FOR VIOLATIONS.--It is a felony of the

17  third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084, to:

19         (a)  Practice or attempt to practice medical physics or

20  hold oneself out to be a licensed medical physicist without

21  holding an active license.

22         (b)  Practice or attempt to practice medical physics

23  under a name other than one's own.

24         (c)  Use or attempt to use a revoked or suspended

25  license or the license of another.

26         Section 35.  Section 484.053, Florida Statutes, reads:

27         484.053  Prohibitions; penalties.--

28         (1)  A person may not:

29         (a)  Practice dispensing hearing aids unless the person

30  is a licensed hearing aid specialist;

31


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                                          HB 1625, First Engrossed



  1         (b)  Use the name or title "hearing aid specialist"

  2  when the person has not been licensed under this part;

  3         (c)  Present as her or his own the license of another;

  4         (d)  Give false, incomplete, or forged evidence to the

  5  board or a member thereof for the purposes of obtaining a

  6  license;

  7         (e)  Use or attempt to use a hearing aid specialist

  8  license that is delinquent or has been suspended, revoked, or

  9  placed on inactive status;

10         (f)  Knowingly employ unlicensed persons in the

11  practice of dispensing hearing aids; or

12         (g)  Knowingly conceal information relative to

13  violations of this part.

14         (2)  Any person who violates any of the provisions of

15  this section is guilty of a felony of the third degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         (3)  If a person licensed under this part allows the

18  sale of a hearing aid by an unlicensed person not registered

19  as a trainee or fails to comply with the requirements of s.

20  484.0445(2) relating to supervision of trainees, the board

21  shall, upon determination of that violation, order the full

22  refund of moneys paid by the purchaser upon return of the

23  hearing aid to the seller's place of business.

24         Section 36.  Subsection (1) of section 457.102, Florida

25  Statutes, is amended to read:

26         457.102  Definitions.--As used in this chapter:

27         (1)  "Acupuncture" means a form of primary health care,

28  based on traditional Chinese medical concepts and modern

29  oriental medical techniques, that employs acupuncture

30  diagnosis and treatment, as well as adjunctive therapies and

31  diagnostic techniques, for the promotion, maintenance, and


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                                          HB 1625, First Engrossed



  1  restoration of health and the prevention of disease.

  2  Acupuncture shall include, but not be limited to, the

  3  insertion of acupuncture needles and the application of

  4  moxibustion to specific areas of the human body and the use of

  5  electroacupuncture, Qi Gong, oriental massage, herbal therapy,

  6  dietary guidelines, and other adjunctive therapies, as defined

  7  by board rule.

  8         Section 37.  Section 457.105, Florida Statutes, is

  9  amended to read:

10         457.105  Licensure qualifications and fees.--

11         (1)  It is unlawful for any person to practice

12  acupuncture in this state unless such person has been licensed

13  by the board, is in a board-approved course of study, or is

14  otherwise exempted by this chapter.

15         (2)  A person may become licensed to practice

16  acupuncture if the person applies to the department and:

17         (a)  Is 21 18 years of age or older, has good moral

18  character, and has the ability to communicate in English,

19  which is demonstrated by having passed the national written

20  examination in English or, if such examination was passed in a

21  foreign language, by also having passed a nationally

22  recognized English proficiency examination;

23         (b)  Has completed 60 college credits from an

24  accredited postsecondary institution as a prerequisite to

25  enrollment in an authorized 3-year course of study in

26  acupuncture and oriental medicine, and has completed a 3-year

27  course of study in acupuncture and oriental medicine, and

28  effective July 31, 2001, a 4-year course of study in

29  acupuncture and oriental medicine, which meets standards

30  established by the board by rule, which standards include, but

31  are not limited to, successful completion of academic courses


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                                          HB 1625, First Engrossed



  1  in western anatomy, western physiology, western pathology,

  2  western biomedical terminology, first aid, and cardiopulmonary

  3  resuscitation (CPR). However, any person who enrolled in an

  4  authorized course of study in acupuncture before August 1,

  5  1997, must have completed only a 2-year course of study which

  6  meets standards established by the board by rule, which

  7  standards must include, but are not limited to, successful

  8  completion of academic courses in western anatomy, western

  9  physiology, and western pathology;

10         (c)  Has successfully completed a board-approved

11  national certification process, is actively licensed in a

12  state that has examination requirements that are substantially

13  equivalent to or more stringent than those of this state, or

14  passes an examination administered by the department, which

15  examination tests the applicant's competency and knowledge of

16  the practice of acupuncture and oriental medicine. At the

17  request of any applicant, oriental nomenclature for the points

18  shall be used in the examination. The examination shall

19  include a practical examination of the knowledge and skills

20  required to practice modern and traditional acupuncture and

21  oriental medicine, covering diagnostic and treatment

22  techniques and procedures; and

23         (d)  Pays the required fees set by the board by rule

24  not to exceed the following amounts:

25         1.  Examination fee: $500 plus the actual per applicant

26  cost to the department for purchase of the written and

27  practical portions of the examination from a national

28  organization approved by the board.

29         2.  Application fee: $300.

30         3.  Reexamination fee: $500 plus the actual per

31  applicant cost to the department for purchase of the written


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                                          HB 1625, First Engrossed



  1  and practical portions of the examination from a national

  2  organization approved by the board.

  3         4.  Initial biennial licensure fee: $400, if licensed

  4  in the first half of the biennium, and $200, if licensed in

  5  the second half of the biennium.

  6         Section 38.  Subsection (1) of section 457.107, Florida

  7  Statutes, is amended to read:

  8         457.107  Renewal of licenses; continuing education.--

  9         (1)  The department shall renew a license upon receipt

10  of the renewal application and the fee set by the board by

11  rule, not to exceed $500 $700.

12         Section 39.  Section 483.824, Florida Statutes, is

13  amended to read:

14         483.824  Qualifications of clinical laboratory

15  director.--A clinical laboratory director must have 4 years of

16  clinical laboratory experience with 2 years of experience in

17  the specialty to be directed or be nationally board certified

18  in the specialty to be directed, and must meet one of the

19  following requirements:

20         (1)  Be a physician licensed under chapter 458 or

21  chapter 459;

22         (2)  Hold an earned doctoral degree in a chemical,

23  physical, or biological science from a regionally accredited

24  institution and maintain national certification requirements

25  equal to those required by the federal Health Care Financing

26  Administration be nationally certified; or

27         (3)  For the subspecialty of oral pathology, be a

28  physician licensed under chapter 458 or chapter 459 or a

29  dentist licensed under chapter 466.

30         Section 40.  February 6th of each year is designated

31  Florida Alzheimer's Disease Day.


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                                          HB 1625, First Engrossed



  1         Section 41.  This act shall take effect July 1, 2000.

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