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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Health & Human Services Appropriations

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

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

19  Florida Statutes, are amended to read:

20         455.564  Department; general licensing provisions.--

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

22  profession within the jurisdiction of the department shall

23  apply to the department in writing to take the licensure

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

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

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

27  electronically submitted applications beginning July 1, 2001.

28  The application and shall require the social security number

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

30  form shall be supplemented as needed to reflect any material

31  change in any circumstance or condition stated in the

                                  1

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  application which takes place between the initial filing of

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

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

 4  application is submitted electronically, the department may

 5  require supplemental materials, including an original

 6  signature of the applicant and verification of credentials, to

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

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

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

10  notwithstanding any law to the contrary, the department may

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

12  purpose of appointing the county tax collector as the

13  department's agent to accept applications for licenses and

14  applications for renewals of licenses. The agreement must

15  specify the time within which the tax collector must forward

16  any applications and accompanying application fees to the

17  department.

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

19  security number by the Federal Government at the time of

20  application because the applicant is not a citizen or resident

21  of this country, the department may process the application

22  using a unique personal identification number. If such an

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

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

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

26  issuance unless a social security number is obtained and

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

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

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

30  biennium.

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

                                  2

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  who is under investigation or prosecution in any jurisdiction

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

 4  or the professional practice acts administered by the

 5  department and the boards, until such time as the

 6  investigation or prosecution is complete, and the time period

 7  in which the licensure application must be granted or denied

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

 9  results of the investigation or prosecution.

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

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

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

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

14  civil rights have been restored.

15         (c)  In considering applications for licensure, the

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

17  personal appearance of the applicant. If the applicant is

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

19  application must be granted or denied shall be tolled until

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

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

22  regularly scheduled board meetings, or fails to appear before

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

24  application for licensure shall be denied.

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

26  section 455.565, Florida Statutes, to read:

27         455.565  Designated health care professionals;

28  information required for licensure.--

29         (4)

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

31  licensure as a health care practitioner who submits to the

                                  3

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  Department of Health a set of fingerprints or information

 2  required for the criminal history check required under this

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

 4  fingerprints or other duplicate information required for a

 5  criminal history check to the Agency for Health Care

 6  Administration, the Department of Juvenile Justice, or the

 7  Department of Children and Family Services for employment or

 8  licensure with such agency or department if the applicant has

 9  undergone a criminal history check as a condition of initial

10  licensure or licensure renewal as a health care practitioner

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

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

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

14  Administration, the Department of Juvenile Justice, and the

15  Department of Children and Family Services shall obtain

16  criminal history information for employment or licensure of

17  health care practitioners by such agency and departments from

18  the Department of Health's health care practitioner

19  credentialing system.

20         Section 3.  Section 455.5651, Florida Statutes, is

21  amended to read:

22         455.5651  Practitioner profile; creation.--

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

24  shall compile the information submitted pursuant to s. 455.565

25  into a practitioner profile of the applicant submitting the

26  information, except that the Department of Health may develop

27  a format to compile uniformly any information submitted under

28  s. 455.565(4)(b).

29         (2)  On the profile published required under subsection

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

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

                                  4

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  history check conducted according to this subsection. If the

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

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

 4  history check was performed need not be indicated on the

 5  profile. The department, or the board having regulatory

 6  authority over the practitioner acting on behalf of the

 7  department, shall investigate any information received by the

 8  department or the board when it has reasonable grounds to

 9  believe that the practitioner has violated any law that

10  relates to the practitioner's practice.

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

12  practitioner's practitioner profile that criminal information

13  that directly relates to the practitioner's ability to

14  competently practice his or her profession.  The department

15  must include in each practitioner's practitioner profile the

16  following statement:  "The criminal history information, if

17  any exists, may be incomplete; federal criminal history

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

19  shall not publish a criminal conviction if such conviction has

20  been sealed, expunged, or pardoned.

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

22  respect to a practitioner licensed under chapter 458 or

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

24  to comply with the financial responsibility requirements of s.

25  458.320 or s. 459.0085. The department shall include, with

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

27  how the practitioner has elected to comply with the financial

28  responsibility requirements of that section. The department

29  shall include, with respect to practitioners licensed under

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

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

                                  5

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  in the context of comparing an individual practitioner's

 4  claims to the experience of other practitioners physicians

 5  within the same specialty, or profession if the practitioner

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

 7  available to the Department of Health. If information relating

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

 9  practitioner profile, the profile must also include the

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

11  variety of reasons that do not necessarily reflect negatively

12  on the professional competence or conduct of the practitioner

13  physician.  A payment in settlement of a medical malpractice

14  action or claim should not be construed as creating a

15  presumption that medical malpractice has occurred."

16         (5)  The Department of Health may not include

17  disciplinary action taken by a licensed hospital or an

18  ambulatory surgical center in the practitioner profile.

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

20  practitioner's practitioner profile any other information that

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

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

23  profession.  However, the department must consult with the

24  board having regulatory authority over the practitioner before

25  such information is included in his or her profile.

26         (7)  Upon the completion of a practitioner profile

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

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

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

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

31  Department of Health shall make the profile available to the

                                  6

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  make the profiles available to the public through the World

 3  Wide Web and other commonly used means of distribution.

 4         (8)  Making a practitioner profile available to the

 5  public under this section does not constitute agency action

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

 7         Section 4.  Section 455.5653, Florida Statutes, is

 8  amended to read:

 9         455.5653  Practitioner profiles; data

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

11  Department of Health must develop or contract for a computer

12  system to accommodate the new data collection and storage

13  requirements under this act pending the development and

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

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

16  submitted by physicians as a part of their initial licensure

17  or renewal to be compiled into individual practitioner

18  profiles. The Department of Health must incorporate any data

19  required by this act into the computer system used in

20  conjunction with the regulation of health care professions

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

22  year 2000, a schedule and procedures for each practitioner

23  within a health care profession regulated within the Division

24  of Medical Quality Assurance to submit relevant information to

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

26  The Department of Health is authorized to contract with and

27  negotiate any interagency agreement necessary to develop and

28  implement the practitioner profiles. The Department of Health

29  shall have access to any information or record maintained by

30  the Agency for Health Care Administration, including any

31  information or record that is otherwise confidential and

                                  7

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  may corroborate any information that practitioners physicians

 4  are required to report under s. 455.565.

 5         Section 5.  Section 455.5654, Florida Statutes, is

 6  amended to read:

 7         455.5654  Practitioner profiles; rules;

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

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

10  practitioner profile that the agency is required to prepare.

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

12  public workshops for purposes of rule development to implement

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

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

15  submission of the information required under s. 455.565.

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

17  Statutes, is amended to read:

18         455.567  Sexual misconduct; disqualification for

19  license, certificate, or registration.--

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

21  profession means violation of the professional relationship

22  through which the health care practitioner uses such

23  relationship to engage or attempt to engage the patient or

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

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

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

27  sexual activity outside the scope of the professional practice

28  of such health care profession. Sexual misconduct in the

29  practice of a health care profession is prohibited.

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

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

                                  8

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  455.624, Florida Statutes, are amended, and paragraphs (y) and

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

 3         455.624  Grounds for discipline; penalties;

 4  enforcement.--

 5         (1)  The following acts shall constitute grounds for

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

 7  be taken:

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

 9  the regulated profession revoked, suspended, or otherwise

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

11  licensing authority of any jurisdiction, including its

12  agencies or subdivisions, for a violation that would

13  constitute a violation under Florida law. The licensing

14  authority's acceptance of a relinquishment of licensure,

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

16  response to or in anticipation of the filing of charges

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

18  license.

19         (u)  Engaging or attempting to engage in sexual

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

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

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

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

24  consent to verbal or physical sexual activity.

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

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

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

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

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

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

31  exists to believe that the licensee is unable to practice

                                  9

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  or physical examination by physicians designated by the

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

 5  the department's order directing such examination may be

 6  enforced by filing a petition for enforcement in the circuit

 7  court where the licensee resides or does business. The

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

 9  or identified by initials in any public court records or

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

11  The department shall be entitled to the summary procedure

12  provided in s. 51.011. A licensee or certificateholder

13  affected under this paragraph shall at reasonable intervals be

14  afforded an opportunity to demonstrate that he or she can

15  resume the competent practice of his or her profession with

16  reasonable skill and safety to patients.

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

18  112.0455, on any confirmed preemployment or employer-ordered

19  drug screening when the practitioner does not have a lawful

20  prescription and legitimate medical reason for using such

21  drug.

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

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

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

25  practice act, including conduct constituting a substantial

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

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

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

29  penalties:

30         (c)  Restriction of practice or license.

31

                                  10

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  sanctions are necessary to protect the public or to compensate

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

 5  the disciplining authority consider and include in the order

 6  requirements designed to rehabilitate the practitioner. All

 7  costs associated with compliance with orders issued under this

 8  subsection are the obligation of the practitioner.

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

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

11  licensee to satisfy continuing education requirements

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

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

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

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

16  for each hour of continuing education not completed or

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

18  require the licensee to take 1 additional hour of continuing

19  education for each hour not completed or completed late.

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

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

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

23  467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual

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

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

26  455.617 and assess a penalty as determined by rule of the

27  board or department.

28         Section 8.  For the purpose of incorporating the

29  amendment to section 455.624, Florida Statutes, in references

30  thereto, the sections or subdivisions of Florida Statutes set

31  forth below are reenacted to read:

                                  11

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         455.577  Penalty for theft or reproduction of an

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

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

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

 5  copying any examination administered by the department,

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

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

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

 9  s. 775.084.

10         455.631  Penalty for giving false information.--In

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

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

13  information in the course of applying for or obtaining a

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

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

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

17  obtaining a license from the department, or any board

18  thereunder, to practice a profession by knowingly misleading

19  statements or knowing misrepresentations constitutes a felony

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

21  775.083, or s. 775.084.

22         455.651  Disclosure of confidential information.--

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

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

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

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

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

28  contractual relationship.

29         455.712  Business establishments; requirements for

30  active status licenses.--

31         (1)  A business establishment regulated by the Division

                                  12

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  of Medical Quality Assurance pursuant to this part may provide

 2  regulated services only if the business establishment has an

 3  active status license. A business establishment that provides

 4  regulated services without an active status license is in

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

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

 7  the business establishment.

 8         458.347  Physician assistants.--

 9         (7)  PHYSICIAN ASSISTANT LICENSURE.--

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

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

12  physician assistant if the physician assistant or the

13  supervising physician has been found guilty of or is being

14  investigated for any act that constitutes a violation of this

15  chapter or part II of chapter 455.

16         459.022  Physician assistants.--

17         (7)  PHYSICIAN ASSISTANT LICENSURE.--

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

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

20  a physician assistant if the physician assistant or the

21  supervising physician has been found guilty of or is being

22  investigated for any act that constitutes a violation of this

23  chapter or part II of chapter 455.

24         468.1755  Disciplinary proceedings.--

25         (1)  The following acts shall constitute grounds for

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

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

28  468.1745(1).

29         468.719  Disciplinary actions.--

30         (1)  The following acts shall be grounds for

31  disciplinary actions provided for in subsection (2):

                                  13

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

 4  pursuant thereto.

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

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

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

 8  455.624.

 9         468.811  Disciplinary proceedings.--

10         (1)  The following acts are grounds for disciplinary

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

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

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

14  violation.

15         (a)  Attempting to procure a license by fraudulent

16  misrepresentation.

17         (b)  Having a license to practice orthotics,

18  prosthetics, or pedorthics revoked, suspended, or otherwise

19  acted against, including the denial of licensure in another

20  jurisdiction.

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

22  nolo contendere to, regardless of adjudication, in any

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

24  orthotics, prosthetics, or pedorthics, including violations of

25  federal laws or regulations regarding orthotics, prosthetics,

26  or pedorthics.

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

28  is false, intentionally or negligently failing to file a

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

30  impeding or obstructing such filing, or inducing another

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

                                  14

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

 4  false, deceptive, or misleading manner.

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

 6  or any rules adopted thereunder.

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

 8  department previously entered in a disciplinary hearing or

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

10  or department.

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

12  license.

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

14  deliver orthotic, prosthetic, or pedorthic services with that

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

16  prudent licensed practitioner with similar professional

17  training as being acceptable under similar conditions and

18  circumstances.

19         (j)  Failing to provide written notice of any

20  applicable warranty for an orthosis, prosthesis, or pedorthic

21  device that is provided to a patient.

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

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

24  violates any provision of subsection (1).

25         484.056  Disciplinary proceedings.--

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

27  dispensing hearing aids shall be grounds for both disciplinary

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

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

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

31  owning or operating a hearing aid establishment who engages

                                  15

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  in, aids, or abets any such violation:

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

 3  484.0512, or s. 484.053.

 4         Section 9.  Section 455.704, Florida Statutes, is

 5  repealed.

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

 7  455.707, Florida Statutes, are amended to read:

 8         455.707  Treatment programs for impaired

 9  practitioners.--

10         (1)  For professions that do not have impaired

11  practitioner programs provided for in their practice acts, the

12  department shall, by rule, designate approved impaired

13  practitioner treatment programs under this section. The

14  department may adopt rules setting forth appropriate criteria

15  for approval of treatment providers based on the policies and

16  guidelines established by the Impaired Practitioners

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

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

19  with the department in intervention, requirements for

20  evaluating and treating a professional, and requirements for

21  the continued care and monitoring of a professional by the

22  consultant by an approved at a department-approved treatment

23  provider.  The department shall not compel any impaired

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

25  additional professions.

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

27  practitioner consultants as recommended by the committee.  A

28  consultant shall be a licensee or recovered licensee under the

29  jurisdiction of the Division of Medical Quality Assurance

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

31  practitioner or recovered practitioner licensed under chapter

                                  16

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  458, chapter 459, or chapter 464.  The consultant shall assist

 2  the probable cause panel and department in carrying out the

 3  responsibilities of this section.  This shall include working

 4  with department investigators to determine whether a

 5  practitioner is, in fact, impaired.

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

 7  oral legally sufficient complaint alleging that a licensee

 8  under the jurisdiction of the Division of Medical Quality

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

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

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

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

13  against the licensee other than impairment exists, the

14  reporting of such information shall not constitute grounds for

15  discipline pursuant to s. 455.624 or the corresponding grounds

16  for discipline within the applicable practice act a complaint

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

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

19  board, finds:

20         1.  The licensee has acknowledged the impairment

21  problem.

22         2.  The licensee has voluntarily enrolled in an

23  appropriate, approved treatment program.

24         3.  The licensee has voluntarily withdrawn from

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

26  consultant determined by the panel, or the department when

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

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

29  licensee has successfully completed an approved treatment

30  program.

31         4.  The licensee has executed releases for medical

                                  17

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  records, authorizing the release of all records of

 2  evaluations, diagnoses, and treatment of the licensee,

 3  including records of treatment for emotional or mental

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

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

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

 7  treatment program.

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

 9  legally sufficient complaint and the licensee agrees to

10  withdraw from practice until such time as the consultant

11  determines the licensee has satisfactorily completed an

12  approved treatment program or evaluation, the probable cause

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

14  become involved in the licensee's case.

15         (c)  Inquiries related to impairment treatment programs

16  designed to provide information to the licensee and others and

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

18  the public shall not constitute a complaint within the meaning

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

20  subsection.

21         (d)  Whenever the department receives a legally

22  sufficient complaint alleging that a licensee is impaired as

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

24  licensee other than impairment exists, the department shall

25  forward all information in its possession regarding the

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

27  section, a suspension from hospital staff privileges due to

28  the impairment does not constitute a complaint.

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

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

31  and all information concerning a practitioner obtained from

                                  18

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  no board, shall remain confidential and exempt from the

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

 4  subsections (5) and (6).

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

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

 7  is satisfied, based upon information it receives from the

 8  consultant and the department, that the licensee is

 9  progressing satisfactorily in an approved impaired

10  practitioner treatment program and no other complaint against

11  the licensee exists.

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

13  Statutes, is amended to read:

14         310.102  Treatment programs for impaired pilots and

15  deputy pilots.--

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

17  treatment programs for impaired pilots and deputy pilots under

18  this section. The department may adopt rules setting forth

19  appropriate criteria for approval of treatment providers based

20  on the policies and guidelines established by the Impaired

21  Practitioners Committee under s. 455.704.

22         Section 12.  Section 455.711, Florida Statutes, is

23  amended to read:

24         455.711  Licenses; active and inactive and delinquent

25  status; delinquency.--

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

27  licensee has an active status license. A licensee who

28  practices a profession without an active status license is in

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

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

31  the licensee.

                                  19

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

 4  licensee who changes from inactive to active status is not

 5  eligible to return to inactive status until the licensee

 6  thereafter completes a licensure cycle on active status.

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

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

 9  inactive status license. The renewal fee for an inactive

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

11  for an active status license.

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

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

14         (a)  Active status licensees choosing inactive status

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

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

17  fee to change licensure status. Active status licensees

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

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

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

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

22  active status, pays any additional licensure fees necessary to

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

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

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

26  education requirements as specified in this section. Inactive

27  status licensees choosing active status at the time of license

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

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

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

31  the fee to change licensure status. Inactive status licensees

                                  20

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  license renewal must pay the difference between the inactive

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

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

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

 6  licensure status.

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

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

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

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

11  before the license expires, the license becomes delinquent in

12  the license cycle following expiration.

13         (6)  A delinquent status licensee must affirmatively

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

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

16  inactive status during the licensure cycle in which a licensee

17  becomes delinquent. Failure by a delinquent status licensee to

18  become active or inactive before the expiration of the current

19  licensure cycle renders the license null without any further

20  action by the board or the department. Any subsequent

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

22  requirements imposed on an applicant for new licensure.

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

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

25  to exceed the biennial renewal fee for an active status

26  license, on a delinquent status licensee when such licensee

27  applies for active or inactive status.

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

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

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

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

                                  21

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  board, may by rule impose reasonable conditions, excluding

 4  full reexamination but including part of a national

 5  examination or a special purpose examination to assess current

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

 7  on inactive status for more than two consecutive biennial

 8  licensure cycles and who applies for active status can

 9  practice with the care and skill sufficient to protect the

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

11  requirements may differ depending on the length of time

12  licensees are inactive. The costs to meet reactivation

13  requirements shall be borne by licensees requesting

14  reactivation.

15         (10)  Before reactivation, an inactive status licensee

16  or a delinquent licensee who was inactive prior to becoming

17  delinquent must meet the same continuing education

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

19  all biennial licensure periods in which the licensee was

20  inactive or delinquent.

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

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

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

24  enforce discipline previously imposed on a licensee for acts

25  or omissions committed by the licensee while holding a

26  license, whether active, inactive, or delinquent.

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

28  establishment registered, permitted, or licensed by the

29  department to do business.

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

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

                                  22

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  as necessary to implement this section.

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

 3  Statutes, is amended to read:

 4         455.587  Fees; receipts; disposition.--

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

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

 7  each active status licensee and each voluntary inactive status

 8  licensee in an amount necessary to eliminate a cash deficit

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

10  maintain the financial integrity of the professions as

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

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

13  authorization.

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

15  Statutes, is amended to read:

16         455.714  Renewal and cancellation notices.--

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

18  cycle, the department shall:

19         (a)  Forward a licensure renewal notification to an

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

21  known address of record with the department.

22         (b)  Forward a notice of pending cancellation of

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

24  last known address of record with the department.

25         Section 15.  Section 455.719, Florida Statutes, is

26  created to read:

27         455.719  Health care professionals; exemption from

28  disqualification from employment or contracting.--Any other

29  provision of law to the contrary notwithstanding, only the

30  appropriate regulatory board, or the department when there is

31  no board, may grant an exemption from disqualification from

                                  23

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  under the licensing jurisdiction of that board or the

 3  department, as applicable.

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

 5  943.0585, Florida Statutes, is amended to read:

 6         943.0585  Court-ordered expunction of criminal history

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

 8  their own procedures, including the maintenance, expunction,

 9  and correction of judicial records containing criminal history

10  information to the extent such procedures are not inconsistent

11  with the conditions, responsibilities, and duties established

12  by this section.  Any court of competent jurisdiction may

13  order a criminal justice agency to expunge the criminal

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

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

16  criminal justice agency to expunge a criminal history record

17  until the person seeking to expunge a criminal history record

18  has applied for and received a certificate of eligibility for

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

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

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

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

23  without regard to whether adjudication was withheld, if the

24  defendant was found guilty of or pled guilty or nolo

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

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

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

28  only order expunction of a criminal history record pertaining

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

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

31  discretion, order the expunction of a criminal history record

                                  24

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  pertaining to more than one arrest if the additional arrests

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

 3  to order the expunction of records pertaining to such

 4  additional arrests, such intent must be specified in the

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

 6  pertaining to such additional arrests if the order to expunge

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

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

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

10  portion of a criminal history record pertaining to one arrest

11  or one incident of alleged criminal activity.  Notwithstanding

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

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

14  jurisdictions relating to expunction, correction, or

15  confidential handling of criminal history records or

16  information derived therefrom.  This section does not confer

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

18  and any request for expunction of a criminal history record

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

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

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

22  ordered expunged by a court of competent jurisdiction pursuant

23  to this section must be physically destroyed or obliterated by

24  any criminal justice agency having custody of such record;

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

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

27  record ordered expunged that is retained by the department is

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

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

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

31  of competent jurisdiction. A criminal justice agency may

                                  25

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  retain a notation indicating compliance with an order to

 2  expunge.

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

 4  history record that is expunged under this section or under

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

 6  901.33, and former s. 943.058, may lawfully deny or fail to

 7  acknowledge the arrests covered by the expunged record, except

 8  when the subject of the record:

 9         1.  Is a candidate for employment with a criminal

10  justice agency;

11         2.  Is a defendant in a criminal prosecution;

12         3.  Concurrently or subsequently petitions for relief

13  under this section or s. 943.059;

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

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

16  contract with the Department of Children and Family Services

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

18  used by such contractor or licensee in a sensitive position

19  having direct contact with children, the developmentally

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

21  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

22  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

23  415.1075(4), s. 985.407, or chapter 400; or

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

25  of Teacher Education, Certification, Staff Development, and

26  Professional Practices of the Department of Education, any

27  district school board, or any local governmental entity that

28  licenses child care facilities; or.

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

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

31  used by such contractor or licensee in a sensitive position

                                  26

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  having direct contact with children, the developmentally

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

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

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

 5  415.1075(4), s. 985.407, or chapter 400.

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

 7  943.059, Florida Statutes, is amended to read:

 8         943.059  Court-ordered sealing of criminal history

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

10  jurisdiction over their own procedures, including the

11  maintenance, sealing, and correction of judicial records

12  containing criminal history information to the extent such

13  procedures are not inconsistent with the conditions,

14  responsibilities, and duties established by this section.  Any

15  court of competent jurisdiction may order a criminal justice

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

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

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

19  criminal history record until the person seeking to seal a

20  criminal history record has applied for and received a

21  certificate of eligibility for sealing pursuant to subsection

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

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

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

25  sealed, without regard to whether adjudication was withheld,

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

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

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

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

30  only order sealing of a criminal history record pertaining to

31  one arrest or one incident of alleged criminal activity,

                                  27

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  discretion, order the sealing of a criminal history record

 3  pertaining to more than one arrest if the additional arrests

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

 5  to order the sealing of records pertaining to such additional

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

 7  criminal justice agency may not seal any record pertaining to

 8  such additional arrests if the order to seal does not

 9  articulate the intention of the court to seal records

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

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

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

13  incident of alleged criminal activity. Notwithstanding any law

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

15  laws, court orders, and official requests of other

16  jurisdictions relating to sealing, correction, or confidential

17  handling of criminal history records or information derived

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

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

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

21  discretion of the court.

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

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

24  ordered sealed by a court of competent jurisdiction pursuant

25  to this section is confidential and exempt from the provisions

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

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

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

29  agencies for their respective criminal justice purposes, or to

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

31  6. for their respective licensing and employment purposes.

                                  28

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

 4  lawfully deny or fail to acknowledge the arrests covered by

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

 6         1.  Is a candidate for employment with a criminal

 7  justice agency;

 8         2.  Is a defendant in a criminal prosecution;

 9         3.  Concurrently or subsequently petitions for relief

10  under this section or s. 943.0585;

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

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

13  contract with the Department of Children and Family Services

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

15  used by such contractor or licensee in a sensitive position

16  having direct contact with children, the developmentally

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

18  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

19  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

20  415.103, s. 985.407, or chapter 400; or

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

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

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

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

26  110.1127(3), s.393.063(15), s. 394.4572(1), s. 397.451, s.

27  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

28  415.1075(4), s. 985.407, or chapter 400; or

29         7.6.  Is seeking to be employed or licensed by the

30  Office of Teacher Education, Certification, Staff Development,

31  and Professional Practices of the Department of Education, any

                                  29

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  district school board, or any local governmental entity which

 2  licenses child care facilities.

 3         Section 18.  Section 455.637, Florida Statutes, is

 4  amended to read:

 5         455.637  Unlicensed practice of a health care

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

 7  penalty; enforcement; citations; fees; allocation and

 8  disposition of moneys collected.--

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

10  enforcement of licensure regulation for all health care

11  professions is a state priority in order to protect Florida

12  residents and visitors from the potentially serious and

13  dangerous consequences of receiving medical and health care

14  services from unlicensed persons whose professional education

15  and training and other relevant qualifications have not been

16  approved through the issuance of a license by the appropriate

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

18  unlicensed practice of a health care profession or the

19  performance or delivery of medical or health care services to

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

21  practice that profession, regardless of the means of the

22  performance or delivery of such services, is strictly

23  prohibited.

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

25  care profession shall include the following:

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

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

28  appropriate regulatory board within the department, has

29  violated any provision of this part or any statute that

30  relates to the practice of a profession regulated by the

31  department, or any rule adopted pursuant thereto, the

                                  30

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  profession by employing such unlicensed person. The issuance

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

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

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

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

10  seeking issuance of an injunction or a writ of mandamus

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

12         (b)  In addition to the foregoing remedies under

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

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

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

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

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

18  subject's name and any other information the department

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

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

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

22  matter in the citation with the department within 30 days

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

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

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

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

27  the department. Each day that the unlicensed practice

28  continues after issuance of a notice to cease and desist

29  constitutes a separate violation. The department shall be

30  entitled to recover the costs of investigation and prosecution

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

                                  31

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

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

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

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

 7  of collection.

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

 9  administrative remedy provided in subsection (1), the

10  department may seek the imposition of a civil penalty through

11  the circuit court for any violation for which the department

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

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

14  $5,000 for each offense. The court may also award to the

15  prevailing party court costs and reasonable attorney fees and,

16  in the event the department prevails, may also award

17  reasonable costs of investigation and prosecution.

18         (d)  In addition to the administrative and civil

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

20  criminal violations and penalties listed in the individual

21  health care practice acts:

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

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

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

25  care profession without an active, valid Florida license to

26  practice that profession. Practicing without an active, valid

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

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

29  practice, or offering to practice with an inactive or

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

31  addressed in subparagraph 3. Applying for employment for a

                                  32

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  position that requires a license without notifying the

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

 3  active license to practice that profession shall be deemed to

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

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

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

 7  profession or as able to provide services that require a

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

 9  to practice such profession without a license. The minimum

10  penalty for violating this subparagraph shall be a fine of

11  $1,000 and a minimum mandatory period of incarceration of 1

12  year.

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

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

15  a health care profession without an active, valid Florida

16  license to practice that profession when such practice results

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

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

19  disfigurement; fracture or dislocation of bones or joints;

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

21  any condition that required subsequent surgical repair. The

22  minimum penalty for violating this subparagraph shall be a

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

24  of 1 year.

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

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

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

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

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

30  or offering to practice a health care profession when that

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

                                  33

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  s. 775.084. The minimum penalty for violating this

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

 5  fine of $500.

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

 7  professions regulated by the department, the department shall

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

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

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

11  other fees collected from each licensee. The board with

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

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

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

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

16  balance. The department shall make direct charges to the

17  Medical Quality Assurance Trust Fund by profession. The

18  department shall seek board advice regarding enforcement

19  methods and strategies. The department shall directly credit

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

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

22  licensure provisions. The department shall include all

23  financial and statistical data resulting from unlicensed

24  activity enforcement as a separate category in the quarterly

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

26  unlicensed activity account, a balance which remains at the

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

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

29  account of that profession. The department shall also use

30  these funds to inform and educate consumers generally on the

31  importance of using licensed health care practitioners.

                                  34

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  the department shall adopt rules to permit the issuance of

 3  citations for unlicensed practice of a profession. The

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

 5  subject's name and any other information the department

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

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

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

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

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

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

12  455.621 must be followed. However, if the subject does not

13  dispute the matter in the citation with the department within

14  30 days after the citation is served, the citation shall

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

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

17  conditions as established by rule.

18         (b)  Each day that the unlicensed practice continues

19  after issuance of a citation constitutes a separate violation.

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

21  costs of investigation, in addition to any penalty provided

22  according to department rule as part of the penalty levied

23  pursuant to the citation.

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

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

26  at the subject's last known address.

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

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

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

30  allocation of the fees assessed and collected to combat

31  unlicensed practice of a profession.

                                  35

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         (4)(5)  The provisions of this section apply only to

 2  health care the professional practice acts administered by the

 3  department.

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

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

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

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

 8  or recommending the dietary supplement does so in compliance

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

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

11  455.501(4).

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

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

14  after the effective date of such section.

15         Section 20.  Section 455.641, Florida Statutes, is

16  repealed.

17         Section 21.  For the purpose of incorporating the

18  amendment to section 455.637, Florida Statutes, in references

19  thereto, the sections or subdivisions of Florida Statutes set

20  forth below are reenacted to read:

21         455.574  Department of Health; examinations.--

22         (1)

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

24  board, shall adopt rules regarding the security and monitoring

25  of examinations.  The department shall implement those rules

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

27  security of examinations, the department may employ the

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

29  injunctive relief against an examinee who violates the

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

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

                                  36

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  purposes of investigation, confiscate any written,

 2  photographic, or recording material or device in the

 3  possession of the examinee at the examination site which the

 4  department deems necessary to enforce such provisions or

 5  rules.

 6         468.1295  Disciplinary proceedings.--

 7         (1)  The following acts constitute grounds for both

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

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

10  forth in s. 455.637:

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

12  bribery, by fraudulent misrepresentation, or through an error

13  of the department or the board.

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

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

16  authority of another state, territory, or country.

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

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

19  crime in any jurisdiction which directly relates to the

20  practice of speech-language pathology or audiology.

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

22  licensee knows to be false, intentionally or negligently

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

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

25  inducing another person to impede or obstruct such filing.

26  Such report or record shall include only those reports or

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

28  speech-language pathologist or audiologist.

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

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

31  content.

                                  37

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  negligence, incompetency, or misconduct in the practice of

 3  speech-language pathology or audiology.

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

 5  department previously entered in a disciplinary hearing, or

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

 7  or department.

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

 9  delinquent license.

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

11  advertising matter, promotional literature, testimonial,

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

13  representation, however disseminated or published, which is

14  misleading, deceiving, or untruthful.

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

16  delivery of a product unusable or impractical for the purpose

17  represented or implied by such action.

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

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

20  of testing and calibration of such equipment as designated by

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

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

23  advising any licensee or business entity to practice

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

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

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

27  chapter 455 or any rule adopted pursuant thereto.

28         (n)  Misrepresenting the professional services

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

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

31  connote the availability of professional services when such

                                  38

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  use is not accurate.

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

 3  hearing aid or its repair is guaranteed without providing full

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

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

 6  conditions or limitations imposed upon the guarantee.

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

 8  hearing aid utilizing bone conduction has certain specified

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

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

11  and conspicuously that the instrument operates on the bone

12  conduction principle and that in many cases of hearing loss

13  this type of instrument may not be suitable.

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

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

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

17  similar or opposite effect.

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

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

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

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

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

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

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

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

26  hearing aid, except that contacting persons who have evidenced

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

28  of hearing aids, shall not be considered canvassing.

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

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

31  30 days after such change.

                                  39

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  of a third party.

 6         (x)  Practicing or offering to practice beyond the

 7  scope permitted by law or accepting and performing

 8  professional responsibilities the licensee or

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

10  or certificateholder is not competent to perform.

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

12  unlicensed person to practice speech-language pathology or

13  audiology.

14         (z)  Delegating or contracting for the performance of

15  professional responsibilities by a person when the licensee

16  delegating or contracting for performance of such

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

18  not qualified by training, experience, and authorization to

19  perform them.

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

21  would constitute sexual battery or which would constitute

22  sexual misconduct as defined pursuant to s. 468.1296.

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

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

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

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

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

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

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

30  believe that the licensee or certificateholder is unable to

31  practice the profession because of the reasons stated in this

                                  40

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  licensee or certificateholder to submit to a mental or

 3  physical examination by a physician, psychologist, clinical

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

 5  counselor designated by the department or board.  If the

 6  licensee or certificateholder refuses to comply with the

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

 8  be enforced by filing a petition for enforcement in the

 9  circuit court in the circuit in which the licensee or

10  certificateholder resides or does business.  The department

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

12  51.011.  A licensee or certificateholder affected under this

13  paragraph shall at reasonable intervals be afforded an

14  opportunity to demonstrate that he or she can resume the

15  competent practice for which he or she is licensed or

16  certified with reasonable skill and safety to patients.

17         484.014  Disciplinary actions.--

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

19  opticianry shall be grounds for both disciplinary action

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

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

22  in s. 455.637 against any person operating an optical

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

24  violation:

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

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

27  the department or the board.

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

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

30  representation.

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

                                  41

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  licensee knows to be false, intentionally or negligently

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

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

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

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

 6  or file as an optician.

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

 8  available by providing such information upon request or upon

 9  the presentation of a prescription.

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

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

12  content.

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

14  misconduct, in the authorized practice of opticianry.

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

16  part II of chapter 455 or any rules promulgated pursuant

17  thereto.

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

19  delinquent license.

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

21  department previously entered in a disciplinary hearing or

22  failing to comply with a lawfully issued subpoena of the

23  department.

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

25         (k)  Conspiring with another licensee or with any

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

27  coerce, intimidate, or preclude another licensee from lawfully

28  advertising her or his services.

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

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

31         (m)  Failing to keep written prescription files.

                                  42

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  department or the board.

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

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

 6  of a third party.

 7         (p)  Gross or repeated malpractice.

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

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

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

11  practice of opticianry.

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

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

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

15  relates to the ability to practice opticianry or to the

16  practice of opticianry.

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

18  another state for any offense that would constitute a

19  violation of Florida law or rules regulating opticianry.

20         (t)  Being unable to practice opticianry with

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

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

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

24  affected under this paragraph shall at reasonable intervals be

25  afforded an opportunity to demonstrate that she or he can

26  resume the competent practice of opticianry with reasonable

27  skill and safety to her or his customers.

28         484.056  Disciplinary proceedings.--

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

30  dispensing hearing aids shall be grounds for both disciplinary

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

                                  43

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  owning or operating a hearing aid establishment who engages

 4  in, aids, or abets any such violation:

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

 6  484.0512, or s. 484.053.

 7         (b)  Attempting to procure a license to dispense

 8  hearing aids by bribery, by fraudulent misrepresentations, or

 9  through an error of the department or the board.

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

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

12  licensure, by the licensing authority of another state,

13  territory, or country.

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

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

16  crime in any jurisdiction which directly relates to the

17  practice of dispensing hearing aids or the ability to practice

18  dispensing hearing aids, including violations of any federal

19  laws or regulations regarding hearing aids.

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

21  licensee knows to be false, intentionally or negligently

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

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

24  inducing another person to impede or obstruct such filing.

25  Such reports or records shall include only those reports or

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

27  hearing aid specialist.

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

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

30  content.

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

                                  44

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  practice of dispensing hearing aids.

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

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

 5  thereto.

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

 7  department previously entered in a disciplinary hearing or

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

 9  or department.

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

11  delinquent license.

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

13  advertising matter, promotional literature, testimonial,

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

15  representation, however disseminated or published, which is

16  misleading, deceiving, or untruthful.

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

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

19  purpose represented or implied by such action.

20         (m)  Misrepresentation of professional services

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

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

23  "clinical," "medical audiologist," "clinical audiologist,"

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

25  title which might connote the availability of professional

26  services when such use is not accurate.

27         (n)  Representation, advertisement, or implication that

28  a hearing aid or its repair is guaranteed without providing

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

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

31  conditions or limitations imposed upon the guarantee.

                                  45

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2  hearing aid utilizing bone conduction has certain specified

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

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

 5  and conspicuously that the instrument operates on the bone

 6  conduction principle and that in many cases of hearing loss

 7  this type of instrument may not be suitable.

 8         (p)  Making any predictions or prognostications as to

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

10  terms or with reference to an individual person.

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

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

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

14  similar or opposite effect.

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

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

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

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

19  or in any other sense specially fabricated for an individual

20  person when such is not the case.

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

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

23  hearing aid, except that contacting persons who have evidenced

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

25  of hearing aids, shall not be considered canvassing.

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

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

28  of testing and calibration of audiometric testing equipment on

29  the form approved by the board.

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

31  s. 484.051(1).

                                  46

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  of a third party.

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

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

 6         921.0022  Criminal Punishment Code; offense severity

 7  ranking chart.--

 8         (3)  OFFENSE SEVERITY RANKING CHART

 9

10  Florida           Felony

11  Statute           Degree             Description

12

13                              (a)  LEVEL 1

14  24.118(3)(a)       3rd      Counterfeit or altered state

15                              lottery ticket.

16  212.054(2)(b)      3rd      Discretionary sales surtax;

17                              limitations, administration, and

18                              collection.

19  212.15(2)(b)       3rd      Failure to remit sales taxes,

20                              amount greater than $300 but less

21                              than $20,000.

22  319.30(5)          3rd      Sell, exchange, give away

23                              certificate of title or

24                              identification number plate.

25  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

26                              odometer.

27  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

28                              registration license plates or

29                              validation stickers.

30  322.212(1)         3rd      Possession of forged, stolen,

31                              counterfeit, or unlawfully issued

                                  47

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1                              driver's license; possession of

 2                              simulated identification.

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

 4                              unauthorized driver's license or

 5                              identification card.

 6  322.212(5)(a)      3rd      False application for driver's

 7                              license or identification card.

 8  370.13(3)(a)       3rd      Molest any stone crab trap, line,

 9                              or buoy which is property of

10                              licenseholder.

11  370.135(1)         3rd      Molest any blue crab trap, line,

12                              or buoy which is property of

13                              licenseholder.

14  372.663(1)         3rd      Poach any alligator or

15                              crocodilia.

16  414.39(2)          3rd      Unauthorized use, possession,

17                              forgery, or alteration of food

18                              stamps, Medicaid ID, value

19                              greater than $200.

20  414.39(3)(a)       3rd      Fraudulent misappropriation of

21                              public assistance funds by

22                              employee/official, value more

23                              than $200.

24  443.071(1)         3rd      False statement or representation

25                              to obtain or increase

26                              unemployment compensation

27                              benefits.

28  458.327(1)(a)      3rd      Unlicensed practice of medicine.

29  466.026(1)(a)      3rd      Unlicensed practice of dentistry

30                              or dental hygiene.

31

                                  48

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2                              lodging value greater than $300.

 3  517.302(1)         3rd      Violation of the Florida

 4                              Securities and Investor

 5                              Protection Act.

 6  562.27(1)          3rd      Possess still or still apparatus.

 7  713.69             3rd      Tenant removes property upon

 8                              which lien has accrued, value

 9                              more than $50.

10  812.014(3)(c)      3rd      Petit theft (3rd conviction);

11                              theft of any property not

12                              specified in subsection (2).

13  812.081(2)         3rd      Unlawfully makes or causes to be

14                              made a reproduction of a trade

15                              secret.

16  815.04(4)(a)       3rd      Offense against intellectual

17                              property (i.e., computer

18                              programs, data).

19  817.52(2)          3rd      Hiring with intent to defraud,

20                              motor vehicle services.

21  826.01             3rd      Bigamy.

22  828.122(3)         3rd      Fighting or baiting animals.

23  831.04(1)          3rd      Any erasure, alteration, etc., of

24                              any replacement deed, map, plat,

25                              or other document listed in s.

26                              92.28.

27  831.31(1)(a)       3rd      Sell, deliver, or possess

28                              counterfeit controlled

29                              substances, all but s. 893.03(5)

30                              drugs.

31

                                  49

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2                              defraud $150 or more.

 3  832.05

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

 5                              worthless checks $150 or more or

 6                              obtaining property in return for

 7                              worthless check $150 or more.

 8  838.015(3)         3rd      Bribery.

 9  838.016(1)         3rd      Public servant receiving unlawful

10                              compensation.

11  838.15(2)          3rd      Commercial bribe receiving.

12  838.16             3rd      Commercial bribery.

13  843.18             3rd      Fleeing by boat to elude a law

14                              enforcement officer.

15  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

16                              lewd, etc., material (2nd

17                              conviction).

18  849.01             3rd      Keeping gambling house.

19  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

20                              or assist therein, conduct or

21                              advertise drawing for prizes, or

22                              dispose of property or money by

23                              means of lottery.

24  849.23             3rd      Gambling-related machines;

25                              "common offender" as to property

26                              rights.

27  849.25(2)          3rd      Engaging in bookmaking.

28  860.08             3rd      Interfere with a railroad signal.

29  860.13(1)(a)       3rd      Operate aircraft while under the

30                              influence.

31  893.13(2)(a)2.     3rd      Purchase of cannabis.

                                  50

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  893.13(6)(a)       3rd      Possession of cannabis (more than

 2                              20 grams).

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

 4                              package of controlled substance.

 5  934.03(1)(a)       3rd      Intercepts, or procures any other

 6                              person to intercept, any wire or

 7                              oral communication.

 8                              (g)  LEVEL 7

 9  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

10                              injury.

11  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

12                              bodily injury.

13  402.319(2)         2nd      Misrepresentation and negligence

14                              or intentional act resulting in

15                              great bodily harm, permanent

16                              disfiguration, permanent

17                              disability, or death.

18  409.920(2)         3rd      Medicaid provider fraud.

19  455.637(2)         3rd      Practicing a health care

20                              profession without a license.

21  455.637(2)         2nd      Practicing a health care

22                              profession without a license

23                              which results in serious bodily

24                              injury.

25  458.327(1)         3rd      Practicing medicine without a

26                              license.

27  459.013(1)         3rd      Practicing osteopathic medicine

28                              without a license.

29  460.411(1)         3rd      Practicing chiropractic medicine

30                              without a license.

31

                                  51

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  461.012(1)         3rd      Practicing podiatric medicine

 2                              without a license.

 3  462.17             3rd      Practicing naturopathy without a

 4                              license.

 5  463.015(1)         3rd      Practicing optometry without a

 6                              license.

 7  464.016(1)         3rd      Practicing nursing without a

 8                              license.

 9  465.015(2)         3rd      Practicing pharmacy without a

10                              license.

11  466.026(1)         3rd      Practicing dentistry or dental

12                              hygiene without a license.

13  467.201            3rd      Practicing midwifery without a

14                              license.

15  468.366            3rd      Delivering respiratory care

16                              services without a license.

17  483.828(1)         3rd      Practicing as clinical laboratory

18                              personnel without a license.

19  483.901(9)         3rd      Practicing medical physics

20                              without a license.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  782.051(3)         2nd      Attempted felony murder of a

30                              person by a person other than the

31                              perpetrator or the perpetrator of

                                  52

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1                              an attempted felony.

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

 3                              act, procurement, or culpable

 4                              negligence of another

 5                              (manslaughter).

 6  782.071            2nd      Killing of human being or viable

 7                              fetus by the operation of a motor

 8                              vehicle in a reckless manner

 9                              (vehicular homicide).

10  782.072            2nd      Killing of a human being by the

11                              operation of a vessel in a

12                              reckless manner (vessel

13                              homicide).

14  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

15                              causing great bodily harm or

16                              disfigurement.

17  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

18                              weapon.

19  784.045(1)(b)      2nd      Aggravated battery; perpetrator

20                              aware victim pregnant.

21  784.048(4)         3rd      Aggravated stalking; violation of

22                              injunction or court order.

23  784.07(2)(d)       1st      Aggravated battery on law

24                              enforcement officer.

25  784.08(2)(a)       1st      Aggravated battery on a person 65

26                              years of age or older.

27  784.081(1)         1st      Aggravated battery on specified

28                              official or employee.

29  784.082(1)         1st      Aggravated battery by detained

30                              person on visitor or other

31                              detainee.

                                  53

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  784.083(1)         1st      Aggravated battery on code

 2                              inspector.

 3  790.07(4)          1st      Specified weapons violation

 4                              subsequent to previous conviction

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

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

 7                              specified circumstances.

 8  796.03             2nd      Procuring any person under 16

 9                              years for prostitution.

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

11                              victim less than 12 years of age;

12                              offender less than 18 years.

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

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              18 years or older.

17  806.01(2)          2nd      Maliciously damage structure by

18                              fire or explosive.

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

20                              unarmed; no assault or battery.

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

22                              unarmed; no assault or battery.

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

24                              unarmed; no assault or battery.

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

26                              $100,000 or more; property stolen

27                              while causing other property

28                              damage; 1st degree grand theft.

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

30                              organizes, plans, etc., the theft

31                              of property and traffics in

                                  54

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1                              stolen property.

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

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

 4                              weapon, or other weapon.

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

 6                              disabled adult causing great

 7                              bodily harm, disability, or

 8                              disfigurement.

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

10                              an elderly person or disabled

11                              adult.

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

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

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

17                              bodily harm, disability, or

18                              disfigurement.

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

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  872.06             2nd      Abuse of a dead human body.

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

27                              cocaine (or other drug prohibited

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

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

30                              1,000 feet of a child care

31                              facility or school.

                                  55

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

 2                              cocaine or other drug prohibited

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

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

 5                              1,000 feet of property used for

 6                              religious services or a specified

 7                              business site.

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

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

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

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

12                              than 50 lbs., less than 2,000

13                              lbs.

14  893.135

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

16                              28 grams, less than 200 grams.

17  893.135

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

19                              more than 4 grams, less than 14

20                              grams.

21  893.135

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

23                              more than 28 grams, less than 200

24                              grams.

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

26                              than 200 grams, less than 5

27                              kilograms.

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

29                              than 14 grams, less than 28

30                              grams.

31

                                  56

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  893.135

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

 3                              grams or more, less than 14

 4                              grams.

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

 6  Statutes, reads:

 7         458.327  Penalty for violations.--

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

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

10  775.083, or s. 775.084:

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

12  medicine without a license to practice in Florida.

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

14  suspended or revoked to practice medicine.

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

16  practice medicine by knowing misrepresentation.

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

18  medical practitioner or medical resident in a clinic or

19  hospital through knowing misrepresentation of education,

20  training, or experience.

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

22  Statutes, reads:

23         459.013  Penalty for violations.--

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

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

26  775.083, or s. 775.084:

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

28  attempt to practice osteopathic medicine, without an active

29  license or certificate issued pursuant to this chapter.

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

31  holding a limited license, osteopathic faculty certificate, or

                                  57

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  other certificate issued under this chapter beyond the scope

 2  of practice authorized for such licensee or certificateholder.

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

 4  practice osteopathic medicine by knowing misrepresentation.

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

 6  osteopathic medical practitioner or osteopathic medical

 7  resident in a clinic or hospital through knowing

 8  misrepresentation of education, training, or experience.

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

10  Statutes, reads:

11         460.411  Violations and penalties.--

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

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

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

15  775.084:

16         (a)  Practicing or attempting to practice chiropractic

17  medicine without an active license or with a license

18  fraudulently obtained.

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

20  chiropractic medicine which has been suspended or revoked.

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

22  Statutes, reads:

23         461.012  Violations and penalties.--

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

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

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

27  775.084:

28         (a)  Practicing or attempting to practice podiatric

29  medicine without an active license or with a license

30  fraudulently obtained.

31         (b)  Advertising podiatric services without an active

                                  58

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  license obtained pursuant to this chapter or with a license

 2  fraudulently obtained.

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

 4  podiatric medicine which has been suspended or revoked.

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

 6         462.17  Penalty for offenses relating to

 7  naturopathy.--Any person who shall:

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

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

10  or abet in the same;

11         (2)  Practice naturopathy under the cover of any

12  diploma, license, record, or registration illegally or

13  fraudulently obtained or secured or issued unlawfully or upon

14  fraudulent representations;

15         (3)  Advertise to practice naturopathy under a name

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

17         (4)  Falsely impersonate another practitioner of a like

18  or different name;

19         (5)  Practice or advertise to practice naturopathy or

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

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

22  naturopathy without then being lawfully licensed and

23  authorized to practice naturopathy in this state; or

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

25  license is suspended or revoked

26

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

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

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

30  Statutes, reads:

31         463.015  Violations and penalties.--

                                  59

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  775.083, or s. 775.084:

 4         (a)  Practicing or attempting to practice optometry

 5  without a valid active license issued pursuant to this

 6  chapter.

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

 8  practice optometry by fraudulent misrepresentation.

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

10  optometry which has been suspended or revoked.

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

12  Statutes, reads:

13         464.016  Violations and penalties.--

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

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

16  775.083, or s. 775.084:

17         (a)  Practicing advanced or specialized, professional

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

19  holding an active license or certificate to do so.

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

21  certificate which has been suspended or revoked.

22         (c)  Knowingly employing unlicensed persons in the

23  practice of nursing.

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

25  certificate under this chapter by misleading statements or

26  knowing misrepresentation.

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

28  Statutes, reads:

29         465.015  Violations and penalties.--

30         (2)  It is unlawful for any person:

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

                                  60

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  in any proceeding before the board.

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

 5  dispense medicinal drugs if such person does not hold an

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

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

 8  acting under the direct and immediate personal supervision of

 9  a licensed pharmacist.

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

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

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

13  products.

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

15  Statutes, reads:

16         466.026  Prohibitions; penalties.--

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

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

19  775.083, or s. 775.084:

20         (a)  Practicing dentistry or dental hygiene unless the

21  person has an appropriate, active license issued by the

22  department pursuant to this chapter.

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

24  pursuant to this chapter which license has been suspended or

25  revoked.

26         (c)  Knowingly employing any person to perform duties

27  outside the scope allowed such person under this chapter or

28  the rules of the board.

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

30  or board for the purpose of obtaining a license.

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

                                  61

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  degree from a dental college or dental hygiene school or

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

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

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

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

 6  whom it was granted.

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

 8         467.201  Violations and penalties.--Each of the

 9  following acts constitutes a felony of the third degree,

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

11  775.084:

12         (1)  Practicing midwifery, unless holding an active

13  license to do so.

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

15  been suspended or revoked.

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

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

18         (4)  Knowingly allowing a student midwife to practice

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

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

21  this chapter through bribery or fraudulent misrepresentation.

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

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

24  person is licensed to practice midwifery, unless such person

25  is duly licensed as provided in this chapter.

26         (7)  Knowingly concealing information relating to the

27  enforcement of this chapter or rules adopted pursuant thereto.

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

29         468.366  Penalties for violations.--

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

31  any firm, association, or corporation, to:

                                  62

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





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

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

 3  abet in the sale, procurement, or attempted procurement

 4  thereof.

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

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

 7  license, or record that was illegally or fraudulently obtained

 8  or signed or issued unlawfully or under fraudulent

 9  representation.

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

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

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

13  such person is exempted pursuant to s. 468.368.

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

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

16  care practitioner or a respiratory therapist, duly licensed

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

18  licensed.

19         (e)  Advertise an educational program as meeting the

20  requirements of this part, or conduct an educational program

21  for the preparation of respiratory care practitioners or

22  respiratory therapists, unless such program has been approved

23  by the board.

24         (f)  Knowingly employ unlicensed persons in the

25  delivery of respiratory care services, unless exempted by this

26  part.

27         (g)  Knowingly conceal information relative to any

28  violation of this part.

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

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

31  775.083, or s. 775.084.

                                  63

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         Section 34.  Subsection (1) of section 483.828, Florida

 2  Statutes, reads:

 3         483.828  Penalties for violations.--

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

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

 6  775.083, or s. 775.084:

 7         (a)  Practicing as clinical laboratory personnel

 8  without an active license.

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

10  as clinical laboratory personnel which is suspended or

11  revoked.

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

13  practice as clinical laboratory personnel by knowing

14  misrepresentation.

15         Section 35.  Subsection (9) of section 483.901, Florida

16  Statutes, reads:

17         483.901  Medical physicists; definitions; licensure.--

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

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

20  775.083, or s. 775.084, to:

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

22  hold oneself out to be a licensed medical physicist without

23  holding an active license.

24         (b)  Practice or attempt to practice medical physics

25  under a name other than one's own.

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

27  license or the license of another.

28         Section 36.  Section 484.053, Florida Statutes, reads:

29         484.053  Prohibitions; penalties.--

30         (1)  A person may not:

31         (a)  Practice dispensing hearing aids unless the person

                                  64

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  is a licensed hearing aid specialist;

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

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

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

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

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

 7  license;

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

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

10  placed on inactive status;

11         (f)  Knowingly employ unlicensed persons in the

12  practice of dispensing hearing aids; or

13         (g)  Knowingly conceal information relative to

14  violations of this part.

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

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

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

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

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

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

21  484.0445(2) relating to supervision of trainees, the board

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

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

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

25         Section 37.  Subsection (1) of section 457.102, Florida

26  Statutes, is amended to read:

27         457.102  Definitions.--As used in this chapter:

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

29  based on traditional Chinese medical concepts and modern

30  oriental medical techniques, that employs acupuncture

31  diagnosis and treatment, as well as adjunctive therapies and

                                  65

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  diagnostic techniques, for the promotion, maintenance, and

 2  restoration of health and the prevention of disease.

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

 4  insertion of acupuncture needles and the application of

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

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

 7  dietary guidelines, and other adjunctive therapies, as defined

 8  by board rule.

 9         Section 38.  Section 457.105, Florida Statutes, is

10  amended to read:

11         457.105  Licensure qualifications and fees.--

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

13  acupuncture in this state unless such person has been licensed

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

15  otherwise exempted by this chapter.

16         (2)  A person may become licensed to practice

17  acupuncture if the person applies to the department and:

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

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

20  which is demonstrated by having passed the national written

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

22  foreign language, by also having passed a nationally

23  recognized English proficiency examination;

24         (b)  Has completed 60 college credits from an

25  accredited postsecondary institution as a prerequisite to

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

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

28  course of study in acupuncture and oriental medicine, and

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

30  acupuncture and oriental medicine, which meets standards

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

                                  66

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  are not limited to, successful completion of academic courses

 2  in western anatomy, western physiology, western pathology,

 3  western biomedical terminology, first aid, and cardiopulmonary

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

 5  authorized course of study in acupuncture before August 1,

 6  1997, must have completed only a 2-year course of study which

 7  meets standards established by the board by rule, which

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

 9  completion of academic courses in western anatomy, western

10  physiology, and western pathology;

11         (c)  Has successfully completed a board-approved

12  national certification process, is actively licensed in a

13  state that has examination requirements that are substantially

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

15  passes an examination administered by the department, which

16  examination tests the applicant's competency and knowledge of

17  the practice of acupuncture and oriental medicine. At the

18  request of any applicant, oriental nomenclature for the points

19  shall be used in the examination. The examination shall

20  include a practical examination of the knowledge and skills

21  required to practice modern and traditional acupuncture and

22  oriental medicine, covering diagnostic and treatment

23  techniques and procedures; and

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

25  not to exceed the following amounts:

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

27  cost to the department for purchase of the written and

28  practical portions of the examination from a national

29  organization approved by the board.

30         2.  Application fee: $300.

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

                                  67

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  applicant cost to the department for purchase of the written

 2  and practical portions of the examination from a national

 3  organization approved by the board.

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

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

 6  the second half of the biennium.

 7         Section 39.  Subsection (1) of section 457.107, Florida

 8  Statutes, is amended to read:

 9         457.107  Renewal of licenses; continuing education.--

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

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

12  rule, not to exceed $500 $700.

13         Section 40.  Section 483.824, Florida Statutes, is

14  amended to read:

15         483.824  Qualifications of clinical laboratory

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

17  clinical laboratory experience with 2 years of experience in

18  the specialty to be directed or be nationally board certified

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

20  following requirements:

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

22  chapter 459;

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

24  physical, or biological science from a regionally accredited

25  institution and maintain national certification requirements

26  equal to those required by the federal Health Care Financing

27  Administration be nationally certified; or

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

29  physician licensed under chapter 458 or chapter 459 or a

30  dentist licensed under chapter 466.

31         Section 41.  February 6th of each year is designated

                                  68

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1  Florida Alzheimer's Disease Day.

 2         Section 42.  This act shall take effect July 1, 2000.

 3

 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, line 1 through page 5, line 19,

 8  remove from the title of the bill:  everything before the

 9  enacting clause

10

11  and insert in lieu thereof:

12                      A bill to be entitled

13         An act relating to regulation of the health

14         care professions; amending s. 455.564, F.S.;

15         revising general licensing provisions for

16         professions under the jurisdiction of the

17         Department of Health; providing for processing

18         of applications from foreign or nonresident

19         applicants not yet having a social security

20         number; providing for temporary licensure of

21         such applicants; revising provisions relating

22         to ongoing criminal investigations or

23         prosecutions; requiring proof of restoration of

24         civil rights under certain circumstances;

25         authorizing requirement for personal appearance

26         prior to grant or denial of a license;

27         providing for tolling of application decision

28         deadlines under certain circumstances; amending

29         s. 455.565, F.S.; eliminating duplicative

30         submission of fingerprints and other

31         information required for criminal history

                                  69

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         checks; providing for certain access to

 2         criminal history information through the

 3         department's health care practitioner

 4         credentialing system; amending s. 455.5651,

 5         F.S.; authorizing the department to publish

 6         certain information in practitioner profiles;

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

 8         language relating to scheduling and development

 9         of practitioner profiles for additional health

10         care practitioners; providing the department

11         access to information on health care

12         practitioners maintained by the Agency for

13         Health Care Administration for corroboration

14         purposes; amending s. 455.5654, F.S.; providing

15         for adoption by rule of a form for submission

16         of profiling information; amending s. 455.567,

17         F.S.; expanding the prohibition against sexual

18         misconduct to cover violations against

19         guardians and representatives of patients or

20         clients; providing penalties; amending s.

21         455.624, F.S.; revising and providing grounds

22         for disciplinary action relating to having a

23         license to practice a regulated health care

24         profession acted against, sexual misconduct,

25         inability to practice properly due to alcohol

26         or substance abuse or a mental or physical

27         condition, and testing positive for a drug

28         without a lawful prescription therefor;

29         providing for restriction of license as a

30         disciplinary action; providing for issuance of

31         a citation and assessment of a fine for certain

                                  70

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         first-time violations; reenacting ss. 455.577,

 2         455.631, 455.651(2), 455.712(1), 458.347(7)(g),

 3         459.022(7)(f), 468.1755(1)(a), 468.719(1)(a)

 4         and (2), 468.811, and 484.056(1)(a), F.S.,

 5         relating to theft or reproduction of an

 6         examination, giving false information,

 7         disclosure of confidential information,

 8         business establishments providing regulated

 9         services without an active status license, and

10         practice violations by physician assistants,

11         nursing home administrators, athletic trainers,

12         orthotists, prosthetists, pedorthists, and

13         hearing aid specialists, to incorporate the

14         amendment to s. 455.624, F.S., in references

15         thereto; repealing s. 455.704, F.S., relating

16         to the Impaired Practitioners Committee;

17         amending s. 455.707, F.S., relating to impaired

18         practitioners, to conform; clarifying

19         provisions relating to complaints against

20         impaired practitioners; amending s. 310.102,

21         F.S.; revising and removing references, to

22         conform; amending s. 455.711, F.S.; revising

23         provisions relating to active and inactive

24         status licensure; eliminating reference to

25         delinquency as a licensure status; providing

26         rulemaking authority; amending ss. 455.587 and

27         455.714, F.S.; revising references, to conform;

28         creating s. 455.719, F.S.; providing that the

29         appropriate medical regulatory board, or the

30         department when there is no board, has

31         exclusive authority to grant exemptions from

                                  71

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         disqualification from employment or contracting

 2         with respect to persons under the licensing

 3         jurisdiction of that board or the department,

 4         as applicable; amending s. 943.0585, F.S.;

 5         providing expunged criminal history records to

 6         the department under certain circumstances;

 7         amending s. 943.059, F.S.; providing sealed

 8         criminal history records to the department

 9         under certain circumstances; amending s.

10         455.637, F.S.; revising provisions relating to

11         sanctions against the unlicensed practice of a

12         health care profession; providing legislative

13         intent; revising and expanding provisions

14         relating to civil and administrative remedies;

15         providing criminal penalties; incorporating and

16         modifying the substance of current provisions

17         that impose a fee to combat unlicensed activity

18         and provide for disposition of the proceeds

19         thereof; providing statutory construction

20         relating to dietary supplements; providing

21         applicability; repealing s. 455.641, F.S.,

22         relating to unlicensed activity fees, to

23         conform; reenacting ss. 455.574(1)(d),

24         468.1295(1), 484.014(1), and 484.056(1), F.S.,

25         relating to violation of security provisions

26         for examinations and violations involving

27         speech-language pathology, audiology,

28         opticianry, and the dispensing of hearing aids,

29         to incorporate the amendment to s. 455.637,

30         F.S., in references thereto; amending s.

31         921.0022, F.S.; modifying the criminal offense

                                  72

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1659

    Amendment No.     (for drafter's use only)





 1         severity ranking chart to add or increase the

 2         level of various offenses relating to the

 3         practice of a health care profession, the

 4         practice of medicine, osteopathic medicine,

 5         chiropractic medicine, podiatric medicine,

 6         naturopathy, optometry, nursing, pharmacy,

 7         dentistry, dental hygiene, midwifery,

 8         respiratory therapy, and medical physics,

 9         practicing as clinical laboratory personnel,

10         and the dispensing of hearing aids; amending s.

11         457.102, F.S.; revising the definition of

12         "acupuncture"; amending s. 457.105, F.S.;

13         revising licensure qualifications to practice

14         acupuncture; amending s. 457.107, F.S.;

15         modifying the fee for renewal of a license to

16         practice acupuncture; amending s. 483.824,

17         F.S.; revising qualifications of clinical

18         laboratory directors; designating Florida

19         Alzheimer's Disease Day; providing an effective

20         date.

21

22

23

24

25

26

27

28

29

30

31

                                  73

    File original & 9 copies    04/26/00
    hap0011                     11:04 am         01659-hhs -541895