House Bill 1659e1
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CS/HB 1659, First Engrossed
1 A bill to be entitled
2 An act relating to health care; providing an
3 appropriation for continued review of clinical
4 laboratory services for kidney dialysis
5 patients and requiring a report thereon;
6 amending s. 455.564, F.S.; revising general
7 licensing provisions for professions under the
8 jurisdiction of the Department of Health;
9 providing for processing of applications from
10 foreign or nonresident applicants not yet
11 having a social security number; providing for
12 temporary licensure of such applicants;
13 revising provisions relating to ongoing
14 criminal investigations or prosecutions;
15 requiring proof of restoration of civil rights
16 under certain circumstances; authorizing
17 requirement for personal appearance prior to
18 grant or denial of a license; providing for
19 tolling of application decision deadlines under
20 certain circumstances; creating s. 455.5641,
21 F.S.; providing legislative findings and
22 intent; providing a definition; requiring
23 separate licensure to provide telehealth
24 services to patients in this state; providing
25 that telehealth licensure requirements and
26 responsibilities shall be identical to those
27 provided for full licensure in the applicable
28 profession; requiring certain information to be
29 provided in all telehealth communications;
30 providing responsibility for confidentiality of
31 medical records; providing for prosecution of
1
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CS/HB 1659, First Engrossed
1 unlicensed and other criminal activity;
2 authorizing certain consultative services
3 without a license; requiring licensure to order
4 out-of-state electronic communications
5 diagnostic-imaging or treatment services for
6 persons in this state; providing exemption from
7 telehealth licensure for health care
8 practitioners treating visitors to this state
9 under certain conditions; providing exemption
10 from telehealth licensure for registered
11 nonresident pharmacies and their employees;
12 providing applicability to regulation of
13 Florida licensees; providing rulemaking
14 authority; amending s. 766.102, F.S.;
15 authorizing the bringing of telehealth
16 malpractice actions in this state regardless of
17 provider location; amending s. 455.565, F.S.;
18 eliminating duplicative submission of
19 fingerprints and other information required for
20 criminal history checks; providing for certain
21 access to criminal history information through
22 the department's health care practitioner
23 credentialing system; amending s. 455.5651,
24 F.S.; authorizing the department to publish
25 certain information in practitioner profiles;
26 amending s. 455.5653, F.S.; deleting obsolete
27 language relating to scheduling and development
28 of practitioner profiles for additional health
29 care practitioners; providing the department
30 access to information on health care
31 practitioners maintained by the Agency for
2
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CS/HB 1659, First Engrossed
1 Health Care Administration for corroboration
2 purposes; amending s. 455.5654, F.S.; providing
3 for adoption by rule of a form for submission
4 of profiling information; amending s. 455.567,
5 F.S.; expanding the prohibition against sexual
6 misconduct to cover violations against
7 guardians and representatives of patients or
8 clients; providing penalties; amending s.
9 455.624, F.S.; revising and providing grounds
10 for disciplinary action relating to having a
11 license to practice a regulated health care
12 profession acted against, sexual misconduct,
13 inability to practice properly due to alcohol
14 or substance abuse or a mental or physical
15 condition, and testing positive for a drug
16 without a lawful prescription therefor;
17 providing for restriction of license as a
18 disciplinary action; providing for issuance of
19 a citation and assessment of a fine for certain
20 first-time violations; reenacting ss. 455.577,
21 455.631, 455.651(2), 455.712(1), 458.347(7)(g),
22 459.022(7)(f), 468.1755(1)(a), 468.719(1)(a)
23 and (2), 468.811, and 484.056(1)(a), F.S.,
24 relating to theft or reproduction of an
25 examination, giving false information,
26 disclosure of confidential information,
27 business establishments providing regulated
28 services without an active status license, and
29 practice violations by physician assistants,
30 nursing home administrators, athletic trainers,
31 orthotists, prosthetists, pedorthists, and
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CS/HB 1659, First Engrossed
1 hearing aid specialists, to incorporate the
2 amendment to s. 455.624, F.S., in references
3 thereto; repealing s. 455.704, F.S., relating
4 to the Impaired Practitioners Committee;
5 amending s. 455.707, F.S., relating to impaired
6 practitioners, to conform; clarifying
7 provisions relating to complaints against
8 impaired practitioners; amending s. 310.102,
9 F.S.; revising and removing references, to
10 conform; amending s. 455.711, F.S.; revising
11 provisions relating to active and inactive
12 status licensure; eliminating reference to
13 delinquency as a licensure status; providing
14 rulemaking authority; amending ss. 455.587 and
15 455.714, F.S.; revising references, to conform;
16 creating s. 455.719, F.S.; providing that the
17 appropriate medical regulatory board, or the
18 department when there is no board, has
19 exclusive authority to grant exemptions from
20 disqualification from employment or contracting
21 with respect to persons under the licensing
22 jurisdiction of that board or the department,
23 as applicable; amending s. 943.0585, F.S.;
24 providing expunged criminal history records to
25 the department under certain circumstances;
26 amending s. 943.059, F.S.; providing sealed
27 criminal history records to the department
28 under certain circumstances; amending s.
29 455.637, F.S.; revising provisions relating to
30 sanctions against the unlicensed practice of a
31 health care profession; providing legislative
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CS/HB 1659, First Engrossed
1 intent; revising and expanding provisions
2 relating to civil and administrative remedies;
3 providing criminal penalties; incorporating and
4 modifying the substance of current provisions
5 that impose a fee to combat unlicensed activity
6 and provide for disposition of the proceeds
7 thereof; providing statutory construction
8 relating to dietary supplements; providing
9 applicability; repealing s. 455.641, F.S.,
10 relating to unlicensed activity fees, to
11 conform; reenacting ss. 455.574(1)(d),
12 468.1295(1), 484.014(1), and 484.056(1), F.S.,
13 relating to violation of security provisions
14 for examinations and violations involving
15 speech-language pathology, audiology,
16 opticianry, and the dispensing of hearing aids,
17 to incorporate the amendment to s. 455.637,
18 F.S., in references thereto; amending s.
19 921.0022, F.S.; modifying the criminal offense
20 severity ranking chart to add or increase the
21 level of various offenses relating to the
22 practice of a health care profession, the
23 practice of medicine, osteopathic medicine,
24 chiropractic medicine, podiatric medicine,
25 naturopathy, optometry, nursing, pharmacy,
26 dentistry, dental hygiene, midwifery,
27 respiratory therapy, and medical physics,
28 practicing as clinical laboratory personnel,
29 and the dispensing of hearing aids; amending s.
30 457.102, F.S.; revising the definition of
31 "acupuncture"; amending s. 457.105, F.S.;
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CS/HB 1659, First Engrossed
1 revising licensure qualifications to practice
2 acupuncture; amending s. 457.107, F.S.;
3 modifying the fee for renewal of a license to
4 practice acupuncture; amending s. 458.347,
5 F.S.; providing authority to the Council on
6 Physician Assistants to refuse to certify an
7 applicant for licensure or place restrictions
8 or conditions on license; amending s. 459.022,
9 F.S.; providing authority to the Council on
10 Physician Assistants to refuse to certify an
11 applicant for licensure or place restrictions
12 or conditions on license; amending s. 483.824,
13 F.S.; revising qualifications of clinical
14 laboratory directors; designating Florida
15 Alzheimer's Disease Day; amending s. 401.252,
16 F.S.; exempting certain life support providers
17 from certain certification requirements in
18 certain counties; providing an effective date.
19
20 WHEREAS, streamlining regulation of the health care
21 professions will enable more qualified health care
22 practitioners to be available to provide health care services
23 to the people of Florida to address the current shortage of
24 certain types of health care practitioners, and
25 WHEREAS, health care consumers desire access to
26 information about health care practitioners in order for them
27 to make informed health care decisions, and
28 WHEREAS, Floridians have no tolerance for practitioner
29 misconduct, because such misconduct erodes public trust and
30 confidence in health care delivery systems, and
31
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1 WHEREAS, the protection of Florida residents and
2 visitors from death or serious bodily injury that may be
3 caused by unlicensed health care practitioners is a state
4 priority, and
5 WHEREAS, the existing criminal prohibitions have not
6 been vigorously enforced in the past, and
7 WHEREAS, the existing penalties are not severe enough
8 to deter the unlicensed practice of the health care
9 professions, and
10 WHEREAS, persons convicted of practicing without a
11 license should be imprisoned so they cannot continue to hurt
12 Floridians, and
13 WHEREAS, persons convicted of practicing without a
14 license who are not citizens of this country should be
15 deported following incarceration to guarantee that they cannot
16 continue to endanger Floridians, NOW, THEREFORE,
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Pursuant to section 187 of chapter 99-397,
21 Laws of Florida, the Agency for Health Care Administration was
22 directed to conduct a detailed study and analysis of clinical
23 laboratory services for kidney dialysis patients in the State
24 of Florida and to report back to the Legislature no later than
25 February 1, 2000. The agency reported that additional time and
26 investigative resources were necessary to adequately respond
27 to the legislative directives. Therefore, the sum of $230,000
28 from the Agency for Health Care Administration Tobacco
29 Settlement Trust Fund is appropriated to the Agency for Health
30 Care Administration to contract with the University of South
31 Florida to conduct a review of laboratory test utilization,
7
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1 any self-referral to clinical laboratories, financial
2 arrangements among kidney dialysis centers, their medical
3 directors, referring physicians, and any business
4 relationships and affiliations with clinical laboratories, and
5 the quality and effectiveness of kidney dialysis treatment in
6 this state. A report on the findings from such review shall be
7 presented to the President of the Senate, the Speaker of the
8 House of Representatives, and the chairs of the appropriate
9 substantive committees of the Legislature no later than
10 February 1, 2001.
11 Section 2. Subsections (1) and (3) of section 455.564,
12 Florida Statutes, are amended to read:
13 455.564 Department; general licensing provisions.--
14 (1)(a) Any person desiring to be licensed in a
15 profession within the jurisdiction of the department shall
16 apply to the department in writing to take the licensure
17 examination. The application shall be made on a form prepared
18 and furnished by the department. The application form must be
19 available on the World Wide Web and the department may accept
20 electronically submitted applications beginning July 1, 2001.
21 The application and shall require the social security number
22 of the applicant, except as provided in paragraph (b). The
23 form shall be supplemented as needed to reflect any material
24 change in any circumstance or condition stated in the
25 application which takes place between the initial filing of
26 the application and the final grant or denial of the license
27 and which might affect the decision of the department. If an
28 application is submitted electronically, the department may
29 require supplemental materials, including an original
30 signature of the applicant and verification of credentials, to
31 be submitted in a non-electronic format. An incomplete
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1 application shall expire 1 year after initial filing. In order
2 to further the economic development goals of the state, and
3 notwithstanding any law to the contrary, the department may
4 enter into an agreement with the county tax collector for the
5 purpose of appointing the county tax collector as the
6 department's agent to accept applications for licenses and
7 applications for renewals of licenses. The agreement must
8 specify the time within which the tax collector must forward
9 any applications and accompanying application fees to the
10 department.
11 (b) If an applicant has not been issued a social
12 security number by the Federal Government at the time of
13 application because the applicant is not a citizen or resident
14 of this country, the department may process the application
15 using a unique personal identification number. If such an
16 applicant is otherwise eligible for licensure, the board, or
17 the department when there is no board, may issue a temporary
18 license to the applicant, which shall expire 30 days after
19 issuance unless a social security number is obtained and
20 submitted in writing to the department. Upon receipt of the
21 applicant's social security number, the department shall issue
22 a new license, which shall expire at the end of the current
23 biennium.
24 (3)(a) The board, or the department when there is no
25 board, may refuse to issue an initial license to any applicant
26 who is under investigation or prosecution in any jurisdiction
27 for an action that would constitute a violation of this part
28 or the professional practice acts administered by the
29 department and the boards, until such time as the
30 investigation or prosecution is complete, and the time period
31 in which the licensure application must be granted or denied
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1 shall be tolled until 15 days after the receipt of the final
2 results of the investigation or prosecution.
3 (b) If an applicant has been convicted of a felony
4 related to the practice or ability to practice any health care
5 profession, the board, or the department when there is no
6 board, may require the applicant to prove that his or her
7 civil rights have been restored.
8 (c) In considering applications for licensure, the
9 board, or the department when there is no board, may require a
10 personal appearance of the applicant. If the applicant is
11 required to appear, the time period in which a licensure
12 application must be granted or denied shall be tolled until
13 such time as the applicant appears. However, if the applicant
14 fails to appear before the board at either of the next two
15 regularly scheduled board meetings, or fails to appear before
16 the department within 30 days if there is no board, the
17 application for licensure shall be denied.
18 Section 3. Section 455.5641, Florida Statutes, is
19 created to read:
20 455.5641 Telehealth; findings and intent; licensure.--
21 (1) The Legislature finds that there is a great and
22 recognizable potential for harm if persons without the
23 appropriate level of education, training, experience,
24 supervision, and competence are allowed to provide health care
25 services to the people of this state. The potential for harm
26 could arise through substandard care or fraud, or both. The
27 Legislature further finds that there is a compelling state
28 interest in protecting the health, safety, and welfare of the
29 public from incompetent, impaired, or unscrupulous
30 practitioners and that no less restrictive means are available
31 to effectively protect the public than through licensure in
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1 this state. Therefore, it is the intent of the Legislature
2 that the use of untested, ineffective, and potentially harmful
3 health care services be prohibited and that the delivery of
4 all health care services to the people of this state be
5 regulated through the licensure of health care practitioners.
6 (2) The Legislature finds that the methods for
7 delivering health care services to the people of this state
8 are rapidly changing due to advances in technology and
9 telecommunications. However, the Legislature finds that the
10 compelling state interest in protecting the public health,
11 safety, and welfare exists regardless of the method of
12 communication or the method of delivery of services.
13 Therefore, it is the intent of the Legislature that all health
14 care practitioners providing health care services to the
15 people of this state should be regulated in a similar manner
16 regardless of the method of communication or the method of
17 delivery of services.
18 (3) For purposes of this section, "health care
19 services" means providing, attempting to provide, or offering
20 to provide a diagnosis, treatment plan, prescription,
21 examination, or any other activity limited to persons licensed
22 or otherwise legally authorized to practice medicine as
23 defined in s. 458.305(3), practice osteopathic medicine as
24 defined in s. 459.003(3), practice chiropractic medicine as
25 defined in s. 460.403(9), practice podiatric medicine as
26 defined in s. 461.003(5), practice natureopathy or naturopathy
27 as defined in s. 462.01(1), practice optometry as defined in
28 s. 463.002(5), practice professional nursing as defined in s.
29 464.003(3)(a), practice practical nursing as defined in s.
30 464.003(3)(b), practice advanced or specialized nursing
31 practice as defined in s. 464.003(3)(c), practice pharmacy as
11
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1 defined in s. 465.003(13), practice dentistry as defined in s.
2 466.003(3), practice dental hygiene as defined in s.
3 466.003(4), practice midwifery as defined in s. 467.003(8),
4 practice audiology as defined in s. 468.1125(6)(a), practice
5 speech-language pathology as defined in s. 468.1125(7)(a),
6 practice nursing home administration as defined in s.
7 468.1655(4), practice occupational therapy as defined in s.
8 468.203(4), practice respiratory care as defined in s.
9 468.352(5), practice dietetics and nutrition as defined in s.
10 468.503(4), practice athletic training as defined in s.
11 468.701(5), practice orthotics as defined in s. 468.80(7),
12 practice pedorthics as defined in s. 468.80(10), practice
13 prosthetics as defined in s. 468.80(13), practice electrolysis
14 or electrology as defined in s. 478.42(5), practice massage as
15 defined in s. 480.033(3), practice clinical laboratory
16 personnel as provided in s. 483.803, practice medical physics
17 as defined in s. 483.901(3)(j), practice opticianry as defined
18 s. 484.002(3), dispense hearing aids as defined in s.
19 484.041(3), practice physical therapy as defined in s.
20 486.021(11), practice psychology as defined in s. 490.003(4),
21 practice school psychology as defined in s. 490.003(5),
22 practice clinical social work as defined in s. 491.003(7),
23 practice marriage and family therapy as defined in s.
24 491.003(8), and practice mental health counseling as defined
25 in s. 490.003(9).
26 (4) A person who is not licensed in this state as a
27 health care practitioner who wishes to provide health care
28 services, as defined herein, to patients located in this state
29 by means of telecommunication only, must apply to the
30 appropriate regulatory board, or the department when there is
31 no board, for a Florida telehealth license and subsequently
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CS/HB 1659, First Engrossed
1 for renewal of such license. The requirements for an initial
2 telehealth license and subsequent renewal of such license
3 shall be identical to the requirements for full licensure as
4 set forth in the appropriate practice act in this state for
5 the applicable profession, including requirements such as
6 profiling, credentialing, informed consent, and financial
7 responsibility and malpractice insurance. Telehealth licensees
8 must comply with all Florida laws and rules regulating the
9 practice of that profession.
10 (5) All telehealth communications, including, but not
11 limited to, Internet web sites, advertisements, e-mail, and
12 other offers to provide health care services to the people of
13 this state, must clearly identify the practitioner's Florida
14 license number and must include a disclaimer which clearly
15 states that only Florida-licensed health care practitioners
16 may provide health care services directly to persons located
17 in this state. The disclaimer must also include the
18 department's mailing and Internet addresses. It is the
19 responsibility of the health care practitioner to ensure the
20 confidentiality of electronic medical records as required by
21 the laws of this state.
22 (6) The provision of telehealth services to patients
23 in this state without holding an active Florida license to
24 practice that profession may be prosecuted as unlicensed
25 activity in accordance with this chapter. In addition, any act
26 performed through telehealth communication that would
27 constitute a criminal violation if performed physically in
28 this state may be prosecuted under Florida law as if the crime
29 were physically carried out in this state.
30 (7) Notwithstanding any other provision of law to the
31 contrary, persons holding a valid, active license to practice
13
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1 in another jurisdiction may provide episodic consultative
2 services to a Florida licensee without being licensed in this
3 state so long as the out-of-state practitioner does not
4 exercise primary authority for the care or diagnosis of the
5 Florida patient.
6 (8) Only practitioners licensed in this state or
7 otherwise authorized to practice in this state may order, from
8 a person located outside this state, electronic communications
9 diagnostic-imaging or treatment services for a person located
10 in this state.
11 (9) Nothing in this section shall be construed to
12 prohibit or restrict a health care practitioner who is not
13 licensed in Florida from providing health care services
14 through telecommunications to a patient temporarily visiting
15 Florida with whom the health care practitioner has an
16 established practitioner-patient relationship so long as the
17 treatment provided is for a non-acute chronic or recurrent
18 illness previously diagnosed and treated by that practitioner
19 and so long as the practitioner holds an active unrestricted
20 license to practice in another state or in another recognized
21 jurisdiction.
22 (10) The provisions of subsection (3) do not apply to
23 nonresident pharmacies registered pursuant to s. 465.0156 or
24 the employees thereof.
25 (11) Nothing in this section shall be construed to
26 prohibit or limit the board, or the department when there is
27 no board, from regulating Florida licensees regardless of the
28 location of the patient.
29 (12) The board, or the department when there is no
30 board, may adopt rules pursuant to ss. 120.536(1) and 120.54
31 necessary to administer this section.
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1 Section 4. Subsection (7) is added to section 766.102,
2 Florida Statutes, to read:
3 766.102 Medical negligence; standards of recovery.--
4 (7) If the injury or death is alleged to have resulted
5 from health care provided to a patient located in this state
6 through means of telecommunications, the action for recovery
7 of damages may be brought in this state regardless of the
8 location of the provider alleged to have caused the injury.
9 Section 5. Paragraph (d) is added to subsection (4) of
10 section 455.565, Florida Statutes, to read:
11 455.565 Designated health care professionals;
12 information required for licensure.--
13 (4)
14 (d) Any applicant for initial licensure or renewal of
15 licensure as a health care practitioner who submits to the
16 Department of Health a set of fingerprints or information
17 required for the criminal history check required under this
18 section shall not be required to provide a subsequent set of
19 fingerprints or other duplicate information required for a
20 criminal history check to the Agency for Health Care
21 Administration, the Department of Juvenile Justice, or the
22 Department of Children and Family Services for employment or
23 licensure with such agency or department if the applicant has
24 undergone a criminal history check as a condition of initial
25 licensure or licensure renewal as a health care practitioner
26 with the Department of Health or any of its regulatory boards,
27 notwithstanding any other provision of law to the contrary. In
28 lieu of such duplicate submission, the Agency for Health Care
29 Administration, the Department of Juvenile Justice, and the
30 Department of Children and Family Services shall obtain
31 criminal history information for employment or licensure of
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1 health care practitioners by such agency and departments from
2 the Department of Health's health care practitioner
3 credentialing system.
4 Section 6. Section 455.5651, Florida Statutes, is
5 amended to read:
6 455.5651 Practitioner profile; creation.--
7 (1) Beginning July 1, 1999, the Department of Health
8 shall compile the information submitted pursuant to s. 455.565
9 into a practitioner profile of the applicant submitting the
10 information, except that the Department of Health may develop
11 a format to compile uniformly any information submitted under
12 s. 455.565(4)(b).
13 (2) On the profile published required under subsection
14 (1), the department shall indicate if the information provided
15 under s. 455.565(1)(a)7. is not corroborated by a criminal
16 history check conducted according to this subsection. If the
17 information provided under s. 455.565(1)(a)7. is corroborated
18 by the criminal history check, the fact that the criminal
19 history check was performed need not be indicated on the
20 profile. The department, or the board having regulatory
21 authority over the practitioner acting on behalf of the
22 department, shall investigate any information received by the
23 department or the board when it has reasonable grounds to
24 believe that the practitioner has violated any law that
25 relates to the practitioner's practice.
26 (3) The Department of Health may include in each
27 practitioner's practitioner profile that criminal information
28 that directly relates to the practitioner's ability to
29 competently practice his or her profession. The department
30 must include in each practitioner's practitioner profile the
31 following statement: "The criminal history information, if
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1 any exists, may be incomplete; federal criminal history
2 information is not available to the public." The department
3 shall not publish a criminal conviction if such conviction has
4 been sealed, expunged, or pardoned.
5 (4) The Department of Health shall include, with
6 respect to a practitioner licensed under chapter 458 or
7 chapter 459, a statement of how the practitioner has elected
8 to comply with the financial responsibility requirements of s.
9 458.320 or s. 459.0085. The department shall include, with
10 respect to practitioners subject to s. 455.694, a statement of
11 how the practitioner has elected to comply with the financial
12 responsibility requirements of that section. The department
13 shall include, with respect to practitioners licensed under
14 chapter 458, chapter 459, or chapter 461, information relating
15 to liability actions which has been reported under s. 455.697
16 or s. 627.912 within the previous 10 years for any paid claim
17 that exceeds $5,000. Such claims information shall be reported
18 in the context of comparing an individual practitioner's
19 claims to the experience of other practitioners physicians
20 within the same specialty, or profession if the practitioner
21 is not a specialist, to the extent such information is
22 available to the Department of Health. If information relating
23 to a liability action is included in a practitioner's
24 practitioner profile, the profile must also include the
25 following statement: "Settlement of a claim may occur for a
26 variety of reasons that do not necessarily reflect negatively
27 on the professional competence or conduct of the practitioner
28 physician. A payment in settlement of a medical malpractice
29 action or claim should not be construed as creating a
30 presumption that medical malpractice has occurred."
31
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1 (5) The Department of Health may not include
2 disciplinary action taken by a licensed hospital or an
3 ambulatory surgical center in the practitioner profile.
4 (6) The Department of Health may include in the
5 practitioner's practitioner profile any other information that
6 is a public record of any governmental entity and that relates
7 to a practitioner's ability to competently practice his or her
8 profession. However, the department must consult with the
9 board having regulatory authority over the practitioner before
10 such information is included in his or her profile.
11 (7) Upon the completion of a practitioner profile
12 under this section, the Department of Health shall furnish the
13 practitioner who is the subject of the profile a copy of it.
14 The practitioner has a period of 30 days in which to review
15 the profile and to correct any factual inaccuracies in it. The
16 Department of Health shall make the profile available to the
17 public at the end of the 30-day period. The department shall
18 make the profiles available to the public through the World
19 Wide Web and other commonly used means of distribution.
20 (8) Making a practitioner profile available to the
21 public under this section does not constitute agency action
22 for which a hearing under s. 120.57 may be sought.
23 Section 7. Section 455.5653, Florida Statutes, is
24 amended to read:
25 455.5653 Practitioner profiles; data
26 storage.--Effective upon this act becoming a law, the
27 Department of Health must develop or contract for a computer
28 system to accommodate the new data collection and storage
29 requirements under this act pending the development and
30 operation of a computer system by the Department of Health for
31 handling the collection, input, revision, and update of data
18
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1 submitted by physicians as a part of their initial licensure
2 or renewal to be compiled into individual practitioner
3 profiles. The Department of Health must incorporate any data
4 required by this act into the computer system used in
5 conjunction with the regulation of health care professions
6 under its jurisdiction. The department must develop, by the
7 year 2000, a schedule and procedures for each practitioner
8 within a health care profession regulated within the Division
9 of Medical Quality Assurance to submit relevant information to
10 be compiled into a profile to be made available to the public.
11 The Department of Health is authorized to contract with and
12 negotiate any interagency agreement necessary to develop and
13 implement the practitioner profiles. The Department of Health
14 shall have access to any information or record maintained by
15 the Agency for Health Care Administration, including any
16 information or record that is otherwise confidential and
17 exempt from the provisions of chapter 119 and s. 24(a), Art. I
18 of the State Constitution, so that the Department of Health
19 may corroborate any information that practitioners physicians
20 are required to report under s. 455.565.
21 Section 8. Section 455.5654, Florida Statutes, is
22 amended to read:
23 455.5654 Practitioner profiles; rules;
24 workshops.--Effective upon this act becoming a law, the
25 Department of Health shall adopt rules for the form of a
26 practitioner profile that the agency is required to prepare.
27 The Department of Health, pursuant to chapter 120, must hold
28 public workshops for purposes of rule development to implement
29 this section. An agency to which information is to be
30 submitted under this act may adopt by rule a form for the
31 submission of the information required under s. 455.565.
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1 Section 9. Subsection (1) of section 455.567, Florida
2 Statutes, is amended to read:
3 455.567 Sexual misconduct; disqualification for
4 license, certificate, or registration.--
5 (1) Sexual misconduct in the practice of a health care
6 profession means violation of the professional relationship
7 through which the health care practitioner uses such
8 relationship to engage or attempt to engage the patient or
9 client, or an immediate family member, guardian, or
10 representative of the patient or client in, or to induce or
11 attempt to induce such person to engage in, verbal or physical
12 sexual activity outside the scope of the professional practice
13 of such health care profession. Sexual misconduct in the
14 practice of a health care profession is prohibited.
15 Section 10. Paragraphs (f) and (u) of subsection (1),
16 paragraph (c) of subsection (2), and subsection (3) of section
17 455.624, Florida Statutes, are amended, and paragraphs (y) and
18 (z) are added to subsection (1) of said section, to read:
19 455.624 Grounds for discipline; penalties;
20 enforcement.--
21 (1) The following acts shall constitute grounds for
22 which the disciplinary actions specified in subsection (2) may
23 be taken:
24 (f) Having a license or the authority to practice any
25 the regulated profession revoked, suspended, or otherwise
26 acted against, including the denial of licensure, by the
27 licensing authority of any jurisdiction, including its
28 agencies or subdivisions, for a violation that would
29 constitute a violation under Florida law. The licensing
30 authority's acceptance of a relinquishment of licensure,
31 stipulation, consent order, or other settlement, offered in
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1 response to or in anticipation of the filing of charges
2 against the license, shall be construed as action against the
3 license.
4 (u) Engaging or attempting to engage in sexual
5 misconduct as defined and prohibited in s. 455.567(1) a
6 patient or client in verbal or physical sexual activity. For
7 the purposes of this section, a patient or client shall be
8 presumed to be incapable of giving free, full, and informed
9 consent to verbal or physical sexual activity.
10 (y) Being unable to practice with reasonable skill and
11 safety to patients by reason of illness or use of alcohol,
12 drugs, narcotics, chemicals, or any other type of material or
13 as a result of any mental or physical condition. In enforcing
14 this paragraph, the department shall have, upon a finding of
15 the secretary or the secretary's designee that probable cause
16 exists to believe that the licensee is unable to practice
17 because of the reasons stated in this paragraph, the authority
18 to issue an order to compel a licensee to submit to a mental
19 or physical examination by physicians designated by the
20 department. If the licensee refuses to comply with such order,
21 the department's order directing such examination may be
22 enforced by filing a petition for enforcement in the circuit
23 court where the licensee resides or does business. The
24 licensee against whom the petition is filed may not be named
25 or identified by initials in any public court records or
26 documents, and the proceedings shall be closed to the public.
27 The department shall be entitled to the summary procedure
28 provided in s. 51.011. A licensee or certificateholder
29 affected under this paragraph shall at reasonable intervals be
30 afforded an opportunity to demonstrate that he or she can
31
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1 resume the competent practice of his or her profession with
2 reasonable skill and safety to patients.
3 (z) Testing positive for any drug, as defined in s.
4 112.0455, on any confirmed preemployment or employer-ordered
5 drug screening when the practitioner does not have a lawful
6 prescription and legitimate medical reason for using such
7 drug.
8 (2) When the board, or the department when there is no
9 board, finds any person guilty of the grounds set forth in
10 subsection (1) or of any grounds set forth in the applicable
11 practice act, including conduct constituting a substantial
12 violation of subsection (1) or a violation of the applicable
13 practice act which occurred prior to obtaining a license, it
14 may enter an order imposing one or more of the following
15 penalties:
16 (c) Restriction of practice or license.
17
18 In determining what action is appropriate, the board, or
19 department when there is no board, must first consider what
20 sanctions are necessary to protect the public or to compensate
21 the patient. Only after those sanctions have been imposed may
22 the disciplining authority consider and include in the order
23 requirements designed to rehabilitate the practitioner. All
24 costs associated with compliance with orders issued under this
25 subsection are the obligation of the practitioner.
26 (3)(a) Notwithstanding subsection (2), if the ground
27 for disciplinary action is the first-time failure of the
28 licensee to satisfy continuing education requirements
29 established by the board, or by the department if there is no
30 board, the board or department, as applicable, shall issue a
31 citation in accordance with s. 455.617 and assess a fine, as
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1 determined by the board or department by rule. In addition,
2 for each hour of continuing education not completed or
3 completed late, the board or department, as applicable, may
4 require the licensee to take 1 additional hour of continuing
5 education for each hour not completed or completed late.
6 (b) Notwithstanding subsection (2), if the ground for
7 disciplinary action is the first-time violation of a practice
8 act for unprofessional conduct, as used in ss. 464.018(1)(h),
9 467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual
10 harm to the patient occurred, the board or department, as
11 applicable, shall issue a citation in accordance with s.
12 455.617 and assess a penalty as determined by rule of the
13 board or department.
14 Section 11. For the purpose of incorporating the
15 amendment to section 455.624, Florida Statutes, in references
16 thereto, the sections or subdivisions of Florida Statutes set
17 forth below are reenacted to read:
18 455.577 Penalty for theft or reproduction of an
19 examination.--In addition to, or in lieu of, any other
20 discipline imposed pursuant to s. 455.624, the theft of an
21 examination in whole or in part or the act of reproducing or
22 copying any examination administered by the department,
23 whether such examination is reproduced or copied in part or in
24 whole and by any means, constitutes a felony of the third
25 degree, punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084.
27 455.631 Penalty for giving false information.--In
28 addition to, or in lieu of, any other discipline imposed
29 pursuant to s. 455.624, the act of knowingly giving false
30 information in the course of applying for or obtaining a
31 license from the department, or any board thereunder, with
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1 intent to mislead a public servant in the performance of his
2 or her official duties, or the act of attempting to obtain or
3 obtaining a license from the department, or any board
4 thereunder, to practice a profession by knowingly misleading
5 statements or knowing misrepresentations constitutes a felony
6 of the third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 455.651 Disclosure of confidential information.--
9 (2) Any person who willfully violates any provision of
10 this section is guilty of a misdemeanor of the first degree,
11 punishable as provided in s. 775.082 or s. 775.083, and may be
12 subject to discipline pursuant to s. 455.624, and, if
13 applicable, shall be removed from office, employment, or the
14 contractual relationship.
15 455.712 Business establishments; requirements for
16 active status licenses.--
17 (1) A business establishment regulated by the Division
18 of Medical Quality Assurance pursuant to this part may provide
19 regulated services only if the business establishment has an
20 active status license. A business establishment that provides
21 regulated services without an active status license is in
22 violation of this section and s. 455.624, and the board, or
23 the department if there is no board, may impose discipline on
24 the business establishment.
25 458.347 Physician assistants.--
26 (7) PHYSICIAN ASSISTANT LICENSURE.--
27 (g) The Board of Medicine may impose any of the
28 penalties specified in ss. 455.624 and 458.331(2) upon a
29 physician assistant if the physician assistant or the
30 supervising physician has been found guilty of or is being
31
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1 investigated for any act that constitutes a violation of this
2 chapter or part II of chapter 455.
3 459.022 Physician assistants.--
4 (7) PHYSICIAN ASSISTANT LICENSURE.--
5 (f) The Board of Osteopathic Medicine may impose any
6 of the penalties specified in ss. 455.624 and 459.015(2) upon
7 a physician assistant if the physician assistant or the
8 supervising physician has been found guilty of or is being
9 investigated for any act that constitutes a violation of this
10 chapter or part II of chapter 455.
11 468.1755 Disciplinary proceedings.--
12 (1) The following acts shall constitute grounds for
13 which the disciplinary actions in subsection (2) may be taken:
14 (a) Violation of any provision of s. 455.624(1) or s.
15 468.1745(1).
16 468.719 Disciplinary actions.--
17 (1) The following acts shall be grounds for
18 disciplinary actions provided for in subsection (2):
19 (a) A violation of any law relating to the practice of
20 athletic training, including, but not limited to, any
21 violation of this part, s. 455.624, or any rule adopted
22 pursuant thereto.
23 (2) When the board finds any person guilty of any of
24 the acts set forth in subsection (1), the board may enter an
25 order imposing one or more of the penalties provided in s.
26 455.624.
27 468.811 Disciplinary proceedings.--
28 (1) The following acts are grounds for disciplinary
29 action against a licensee and the issuance of cease and desist
30 orders or other related action by the department, pursuant to
31
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1 s. 455.624, against any person who engages in or aids in a
2 violation.
3 (a) Attempting to procure a license by fraudulent
4 misrepresentation.
5 (b) Having a license to practice orthotics,
6 prosthetics, or pedorthics revoked, suspended, or otherwise
7 acted against, including the denial of licensure in another
8 jurisdiction.
9 (c) Being convicted or found guilty of or pleading
10 nolo contendere to, regardless of adjudication, in any
11 jurisdiction, a crime that directly relates to the practice of
12 orthotics, prosthetics, or pedorthics, including violations of
13 federal laws or regulations regarding orthotics, prosthetics,
14 or pedorthics.
15 (d) Filing a report or record that the licensee knows
16 is false, intentionally or negligently failing to file a
17 report or record required by state or federal law, willfully
18 impeding or obstructing such filing, or inducing another
19 person to impede or obstruct such filing. Such reports or
20 records include only reports or records that are signed in a
21 person's capacity as a licensee under this act.
22 (e) Advertising goods or services in a fraudulent,
23 false, deceptive, or misleading manner.
24 (f) Violation of this act or part II of chapter 455,
25 or any rules adopted thereunder.
26 (g) Violation of an order of the board, agency, or
27 department previously entered in a disciplinary hearing or
28 failure to comply with a subpoena issued by the board, agency,
29 or department.
30 (h) Practicing with a revoked, suspended, or inactive
31 license.
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1 (i) Gross or repeated malpractice or the failure to
2 deliver orthotic, prosthetic, or pedorthic services with that
3 level of care and skill which is recognized by a reasonably
4 prudent licensed practitioner with similar professional
5 training as being acceptable under similar conditions and
6 circumstances.
7 (j) Failing to provide written notice of any
8 applicable warranty for an orthosis, prosthesis, or pedorthic
9 device that is provided to a patient.
10 (2) The board may enter an order imposing one or more
11 of the penalties in s. 455.624(2) against any person who
12 violates any provision of subsection (1).
13 484.056 Disciplinary proceedings.--
14 (1) The following acts relating to the practice of
15 dispensing hearing aids shall be grounds for both disciplinary
16 action against a hearing aid specialist as set forth in this
17 section and cease and desist or other related action by the
18 department as set forth in s. 455.637 against any person
19 owning or operating a hearing aid establishment who engages
20 in, aids, or abets any such violation:
21 (a) Violation of any provision of s. 455.624(1), s.
22 484.0512, or s. 484.053.
23 Section 12. Section 455.704, Florida Statutes, is
24 repealed.
25 Section 13. Subsections (1), (2), and (3) of section
26 455.707, Florida Statutes, are amended to read:
27 455.707 Treatment programs for impaired
28 practitioners.--
29 (1) For professions that do not have impaired
30 practitioner programs provided for in their practice acts, the
31 department shall, by rule, designate approved impaired
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CS/HB 1659, First Engrossed
1 practitioner treatment programs under this section. The
2 department may adopt rules setting forth appropriate criteria
3 for approval of treatment providers based on the policies and
4 guidelines established by the Impaired Practitioners
5 Committee. The rules may must specify the manner in which the
6 consultant, retained as set forth in subsection (2), works
7 with the department in intervention, requirements for
8 evaluating and treating a professional, and requirements for
9 the continued care and monitoring of a professional by the
10 consultant by an approved at a department-approved treatment
11 provider. The department shall not compel any impaired
12 practitioner program in existence on October 1, 1992, to serve
13 additional professions.
14 (2) The department shall retain one or more impaired
15 practitioner consultants as recommended by the committee. A
16 consultant shall be a licensee or recovered licensee under the
17 jurisdiction of the Division of Medical Quality Assurance
18 within the department, and at least one consultant must be a
19 practitioner or recovered practitioner licensed under chapter
20 458, chapter 459, or chapter 464. The consultant shall assist
21 the probable cause panel and department in carrying out the
22 responsibilities of this section. This shall include working
23 with department investigators to determine whether a
24 practitioner is, in fact, impaired.
25 (3)(a) Whenever the department receives a written or
26 oral legally sufficient complaint alleging that a licensee
27 under the jurisdiction of the Division of Medical Quality
28 Assurance within the department is impaired as a result of the
29 misuse or abuse of alcohol or drugs, or both, or due to a
30 mental or physical condition which could affect the licensee's
31 ability to practice with skill and safety, and no complaint
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CS/HB 1659, First Engrossed
1 against the licensee other than impairment exists, the
2 reporting of such information shall not constitute grounds for
3 discipline pursuant to s. 455.624 or the corresponding grounds
4 for discipline within the applicable practice act a complaint
5 within the meaning of s. 455.621 if the probable cause panel
6 of the appropriate board, or the department when there is no
7 board, finds:
8 1. The licensee has acknowledged the impairment
9 problem.
10 2. The licensee has voluntarily enrolled in an
11 appropriate, approved treatment program.
12 3. The licensee has voluntarily withdrawn from
13 practice or limited the scope of practice as required by the
14 consultant determined by the panel, or the department when
15 there is no board, in each case, until such time as the panel,
16 or the department when there is no board, is satisfied the
17 licensee has successfully completed an approved treatment
18 program.
19 4. The licensee has executed releases for medical
20 records, authorizing the release of all records of
21 evaluations, diagnoses, and treatment of the licensee,
22 including records of treatment for emotional or mental
23 conditions, to the consultant. The consultant shall make no
24 copies or reports of records that do not regard the issue of
25 the licensee's impairment and his or her participation in a
26 treatment program.
27 (b) If, however, the department has not received a
28 legally sufficient complaint and the licensee agrees to
29 withdraw from practice until such time as the consultant
30 determines the licensee has satisfactorily completed an
31 approved treatment program or evaluation, the probable cause
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1 panel, or the department when there is no board, shall not
2 become involved in the licensee's case.
3 (c) Inquiries related to impairment treatment programs
4 designed to provide information to the licensee and others and
5 which do not indicate that the licensee presents a danger to
6 the public shall not constitute a complaint within the meaning
7 of s. 455.621 and shall be exempt from the provisions of this
8 subsection.
9 (d) Whenever the department receives a legally
10 sufficient complaint alleging that a licensee is impaired as
11 described in paragraph (a) and no complaint against the
12 licensee other than impairment exists, the department shall
13 forward all information in its possession regarding the
14 impaired licensee to the consultant. For the purposes of this
15 section, a suspension from hospital staff privileges due to
16 the impairment does not constitute a complaint.
17 (e) The probable cause panel, or the department when
18 there is no board, shall work directly with the consultant,
19 and all information concerning a practitioner obtained from
20 the consultant by the panel, or the department when there is
21 no board, shall remain confidential and exempt from the
22 provisions of s. 119.07(1), subject to the provisions of
23 subsections (5) and (6).
24 (f) A finding of probable cause shall not be made as
25 long as the panel, or the department when there is no board,
26 is satisfied, based upon information it receives from the
27 consultant and the department, that the licensee is
28 progressing satisfactorily in an approved impaired
29 practitioner treatment program and no other complaint against
30 the licensee exists.
31
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1 Section 14. Subsection (1) of section 310.102, Florida
2 Statutes, is amended to read:
3 310.102 Treatment programs for impaired pilots and
4 deputy pilots.--
5 (1) The department shall, by rule, designate approved
6 treatment programs for impaired pilots and deputy pilots under
7 this section. The department may adopt rules setting forth
8 appropriate criteria for approval of treatment providers based
9 on the policies and guidelines established by the Impaired
10 Practitioners Committee under s. 455.704.
11 Section 15. Section 455.711, Florida Statutes, is
12 amended to read:
13 455.711 Licenses; active and inactive and delinquent
14 status; delinquency.--
15 (1) A licensee may practice a profession only if the
16 licensee has an active status license. A licensee who
17 practices a profession without an active status license is in
18 violation of this section and s. 455.624, and the board, or
19 the department if there is no board, may impose discipline on
20 the licensee.
21 (2) Each board, or the department if there is no
22 board, shall permit a licensee to choose, at the time of
23 licensure renewal, an active or inactive status. However, a
24 licensee who changes from inactive to active status is not
25 eligible to return to inactive status until the licensee
26 thereafter completes a licensure cycle on active status.
27 (3) Each board, or the department if there is no
28 board, shall by rule impose a fee for renewal of an active or
29 inactive status license. The renewal fee for an inactive
30 status license may not exceed which is no greater than the fee
31 for an active status license.
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1 (4) Notwithstanding any other provision of law to the
2 contrary, a licensee may change licensure status at any time.
3 (a) Active status licensees choosing inactive status
4 at the time of license renewal must pay the inactive status
5 renewal fee, and, if applicable, the delinquency fee and the
6 fee to change licensure status. Active status licensees
7 choosing inactive status at any other time than at the time of
8 license renewal must pay the fee to change licensure status.
9 (b) An inactive status licensee may change to active
10 status at any time, if the licensee meets all requirements for
11 active status, pays any additional licensure fees necessary to
12 equal those imposed on an active status licensee, pays any
13 applicable reactivation fees as set by the board, or the
14 department if there is no board, and meets all continuing
15 education requirements as specified in this section. Inactive
16 status licensees choosing active status at the time of license
17 renewal must pay the active status renewal fee, any applicable
18 reactivation fees as set by the board, or the department if
19 there is no board, and, if applicable, the delinquency fee and
20 the fee to change licensure status. Inactive status licensees
21 choosing active status at any other time than at the time of
22 license renewal must pay the difference between the inactive
23 status renewal fee and the active status renewal fee, if any
24 exists, any applicable reactivation fees as set by the board,
25 or the department if there is no board, and the fee to change
26 licensure status.
27 (5) A licensee must apply with a complete application,
28 as defined by rule of the board, or the department if there is
29 no board, to renew an active status or inactive status license
30 before the license expires. If a licensee fails to renew
31
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1 before the license expires, the license becomes delinquent in
2 the license cycle following expiration.
3 (6) A delinquent status licensee must affirmatively
4 apply with a complete application, as defined by rule of the
5 board, or the department if there is no board, for active or
6 inactive status during the licensure cycle in which a licensee
7 becomes delinquent. Failure by a delinquent status licensee to
8 become active or inactive before the expiration of the current
9 licensure cycle renders the license null without any further
10 action by the board or the department. Any subsequent
11 licensure shall be as a result of applying for and meeting all
12 requirements imposed on an applicant for new licensure.
13 (7) Each board, or the department if there is no
14 board, shall by rule impose an additional delinquency fee, not
15 to exceed the biennial renewal fee for an active status
16 license, on a delinquent status licensee when such licensee
17 applies for active or inactive status.
18 (8) Each board, or the department if there is no
19 board, shall by rule impose an additional fee, not to exceed
20 the biennial renewal fee for an active status license, for
21 processing a licensee's request to change licensure status at
22 any time other than at the beginning of a licensure cycle.
23 (9) Each board, or the department if there is no
24 board, may by rule impose reasonable conditions, excluding
25 full reexamination but including part of a national
26 examination or a special purpose examination to assess current
27 competency, necessary to ensure that a licensee who has been
28 on inactive status for more than two consecutive biennial
29 licensure cycles and who applies for active status can
30 practice with the care and skill sufficient to protect the
31 health, safety, and welfare of the public. Reactivation
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1 requirements may differ depending on the length of time
2 licensees are inactive. The costs to meet reactivation
3 requirements shall be borne by licensees requesting
4 reactivation.
5 (10) Before reactivation, an inactive status licensee
6 or a delinquent licensee who was inactive prior to becoming
7 delinquent must meet the same continuing education
8 requirements, if any, imposed on an active status licensee for
9 all biennial licensure periods in which the licensee was
10 inactive or delinquent.
11 (11) The status or a change in status of a licensee
12 does not alter in any way the right of the board, or of the
13 department if there is no board, to impose discipline or to
14 enforce discipline previously imposed on a licensee for acts
15 or omissions committed by the licensee while holding a
16 license, whether active, inactive, or delinquent.
17 (12) This section does not apply to a business
18 establishment registered, permitted, or licensed by the
19 department to do business.
20 (13) The board, or the department when there is no
21 board, may adopt rules pursuant to ss. 120.536(1) and 120.54
22 as necessary to implement this section.
23 Section 16. Subsection (3) of section 455.587, Florida
24 Statutes, is amended to read:
25 455.587 Fees; receipts; disposition.--
26 (3) Each board, or the department if there is no
27 board, may, by rule, assess and collect a one-time fee from
28 each active status licensee and each voluntary inactive status
29 licensee in an amount necessary to eliminate a cash deficit
30 or, if there is not a cash deficit, in an amount sufficient to
31 maintain the financial integrity of the professions as
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1 required in this section. Not more than one such assessment
2 may be made in any 4-year period without specific legislative
3 authorization.
4 Section 17. Subsection (1) of section 455.714, Florida
5 Statutes, is amended to read:
6 455.714 Renewal and cancellation notices.--
7 (1) At least 90 days before the end of a licensure
8 cycle, the department shall:
9 (a) Forward a licensure renewal notification to an
10 active or inactive status licensee at the licensee's last
11 known address of record with the department.
12 (b) Forward a notice of pending cancellation of
13 licensure to a delinquent status licensee at the licensee's
14 last known address of record with the department.
15 Section 18. Section 455.719, Florida Statutes, is
16 created to read:
17 455.719 Health care professionals; exemption from
18 disqualification from employment or contracting.--Any other
19 provision of law to the contrary notwithstanding, only the
20 appropriate regulatory board, or the department when there is
21 no board, may grant an exemption from disqualification from
22 employment or contracting as provided in s. 435.07 to a person
23 under the licensing jurisdiction of that board or the
24 department, as applicable.
25 Section 19. Paragraph (a) of subsection (4) of section
26 943.0585, Florida Statutes, is amended to read:
27 943.0585 Court-ordered expunction of criminal history
28 records.--The courts of this state have jurisdiction over
29 their own procedures, including the maintenance, expunction,
30 and correction of judicial records containing criminal history
31 information to the extent such procedures are not inconsistent
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1 with the conditions, responsibilities, and duties established
2 by this section. Any court of competent jurisdiction may
3 order a criminal justice agency to expunge the criminal
4 history record of a minor or an adult who complies with the
5 requirements of this section. The court shall not order a
6 criminal justice agency to expunge a criminal history record
7 until the person seeking to expunge a criminal history record
8 has applied for and received a certificate of eligibility for
9 expunction pursuant to subsection (2). A criminal history
10 record that relates to a violation of chapter 794, s. 800.04,
11 s. 817.034, s. 827.071, chapter 839, s. 893.135, or a
12 violation enumerated in s. 907.041 may not be expunged,
13 without regard to whether adjudication was withheld, if the
14 defendant was found guilty of or pled guilty or nolo
15 contendere to the offense, or if the defendant, as a minor,
16 was found to have committed, or pled guilty or nolo contendere
17 to committing, the offense as a delinquent act. The court may
18 only order expunction of a criminal history record pertaining
19 to one arrest or one incident of alleged criminal activity,
20 except as provided in this section. The court may, at its sole
21 discretion, order the expunction of a criminal history record
22 pertaining to more than one arrest if the additional arrests
23 directly relate to the original arrest. If the court intends
24 to order the expunction of records pertaining to such
25 additional arrests, such intent must be specified in the
26 order. A criminal justice agency may not expunge any record
27 pertaining to such additional arrests if the order to expunge
28 does not articulate the intention of the court to expunge a
29 record pertaining to more than one arrest. This section does
30 not prevent the court from ordering the expunction of only a
31 portion of a criminal history record pertaining to one arrest
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1 or one incident of alleged criminal activity. Notwithstanding
2 any law to the contrary, a criminal justice agency may comply
3 with laws, court orders, and official requests of other
4 jurisdictions relating to expunction, correction, or
5 confidential handling of criminal history records or
6 information derived therefrom. This section does not confer
7 any right to the expunction of any criminal history record,
8 and any request for expunction of a criminal history record
9 may be denied at the sole discretion of the court.
10 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
11 criminal history record of a minor or an adult which is
12 ordered expunged by a court of competent jurisdiction pursuant
13 to this section must be physically destroyed or obliterated by
14 any criminal justice agency having custody of such record;
15 except that any criminal history record in the custody of the
16 department must be retained in all cases. A criminal history
17 record ordered expunged that is retained by the department is
18 confidential and exempt from the provisions of s. 119.07(1)
19 and s. 24(a), Art. I of the State Constitution and not
20 available to any person or entity except upon order of a court
21 of competent jurisdiction. A criminal justice agency may
22 retain a notation indicating compliance with an order to
23 expunge.
24 (a) The person who is the subject of a criminal
25 history record that is expunged under this section or under
26 other provisions of law, including former s. 893.14, former s.
27 901.33, and former s. 943.058, may lawfully deny or fail to
28 acknowledge the arrests covered by the expunged record, except
29 when the subject of the record:
30 1. Is a candidate for employment with a criminal
31 justice agency;
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1 2. Is a defendant in a criminal prosecution;
2 3. Concurrently or subsequently petitions for relief
3 under this section or s. 943.059;
4 4. Is a candidate for admission to The Florida Bar;
5 5. Is seeking to be employed or licensed by or to
6 contract with the Department of Children and Family Services
7 or the Department of Juvenile Justice or to be employed or
8 used by such contractor or licensee in a sensitive position
9 having direct contact with children, the developmentally
10 disabled, the aged, or the elderly as provided in s.
11 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
12 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
13 415.1075(4), s. 985.407, or chapter 400; or
14 6. Is seeking to be employed or licensed by the Office
15 of Teacher Education, Certification, Staff Development, and
16 Professional Practices of the Department of Education, any
17 district school board, or any local governmental entity that
18 licenses child care facilities; or.
19 7. Is seeking to be employed or licensed by or to
20 contract with the Department of Health or to be employed or
21 used by such contractor or licensee in a sensitive position
22 having direct contact with children, the developmentally
23 disabled, the aged, or the elderly as provided in s.
24 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
25 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
26 415.1075(4), s. 985.407, or chapter 400.
27 Section 20. Paragraph (a) of subsection (4) of section
28 943.059, Florida Statutes, is amended to read:
29 943.059 Court-ordered sealing of criminal history
30 records.--The courts of this state shall continue to have
31 jurisdiction over their own procedures, including the
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1 maintenance, sealing, and correction of judicial records
2 containing criminal history information to the extent such
3 procedures are not inconsistent with the conditions,
4 responsibilities, and duties established by this section. Any
5 court of competent jurisdiction may order a criminal justice
6 agency to seal the criminal history record of a minor or an
7 adult who complies with the requirements of this section. The
8 court shall not order a criminal justice agency to seal a
9 criminal history record until the person seeking to seal a
10 criminal history record has applied for and received a
11 certificate of eligibility for sealing pursuant to subsection
12 (2). A criminal history record that relates to a violation of
13 chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,
14 s. 893.135, or a violation enumerated in s. 907.041 may not be
15 sealed, without regard to whether adjudication was withheld,
16 if the defendant was found guilty of or pled guilty or nolo
17 contendere to the offense, or if the defendant, as a minor,
18 was found to have committed or pled guilty or nolo contendere
19 to committing the offense as a delinquent act. The court may
20 only order sealing of a criminal history record pertaining to
21 one arrest or one incident of alleged criminal activity,
22 except as provided in this section. The court may, at its sole
23 discretion, order the sealing of a criminal history record
24 pertaining to more than one arrest if the additional arrests
25 directly relate to the original arrest. If the court intends
26 to order the sealing of records pertaining to such additional
27 arrests, such intent must be specified in the order. A
28 criminal justice agency may not seal any record pertaining to
29 such additional arrests if the order to seal does not
30 articulate the intention of the court to seal records
31 pertaining to more than one arrest. This section does not
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1 prevent the court from ordering the sealing of only a portion
2 of a criminal history record pertaining to one arrest or one
3 incident of alleged criminal activity. Notwithstanding any law
4 to the contrary, a criminal justice agency may comply with
5 laws, court orders, and official requests of other
6 jurisdictions relating to sealing, correction, or confidential
7 handling of criminal history records or information derived
8 therefrom. This section does not confer any right to the
9 sealing of any criminal history record, and any request for
10 sealing a criminal history record may be denied at the sole
11 discretion of the court.
12 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
13 criminal history record of a minor or an adult which is
14 ordered sealed by a court of competent jurisdiction pursuant
15 to this section is confidential and exempt from the provisions
16 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
17 and is available only to the person who is the subject of the
18 record, to the subject's attorney, to criminal justice
19 agencies for their respective criminal justice purposes, or to
20 those entities set forth in subparagraphs (a)1., 4., 5., and
21 6. for their respective licensing and employment purposes.
22 (a) The subject of a criminal history record sealed
23 under this section or under other provisions of law, including
24 former s. 893.14, former s. 901.33, and former s. 943.058, may
25 lawfully deny or fail to acknowledge the arrests covered by
26 the sealed record, except when the subject of the record:
27 1. Is a candidate for employment with a criminal
28 justice agency;
29 2. Is a defendant in a criminal prosecution;
30 3. Concurrently or subsequently petitions for relief
31 under this section or s. 943.0585;
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1 4. Is a candidate for admission to The Florida Bar;
2 5. Is seeking to be employed or licensed by or to
3 contract with the Department of Children and Family Services
4 or the Department of Juvenile Justice or to be employed or
5 used by such contractor or licensee in a sensitive position
6 having direct contact with children, the developmentally
7 disabled, the aged, or the elderly as provided in s.
8 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
9 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
10 415.103, s. 985.407, or chapter 400; or
11 6. Is seeking to be employed or licensed by or to
12 contract with the Department of Health or to be employed or
13 used by such contractor or licensee in a sensitive position
14 having direct contact with children, the developmentally
15 disabled, the aged, or the elderly as provided in s.
16 110.1127(3), s.393.063(15), s. 394.4572(1), s. 397.451, s.
17 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
18 415.1075(4), s. 985.407, or chapter 400; or
19 7.6. Is seeking to be employed or licensed by the
20 Office of Teacher Education, Certification, Staff Development,
21 and Professional Practices of the Department of Education, any
22 district school board, or any local governmental entity which
23 licenses child care facilities.
24 Section 21. Section 455.637, Florida Statutes, is
25 amended to read:
26 455.637 Unlicensed practice of a health care
27 profession; intent; cease and desist notice; penalties civil
28 penalty; enforcement; citations; fees; allocation and
29 disposition of moneys collected.--
30 (1) It is the intent of the Legislature that vigorous
31 enforcement of licensure regulation for all health care
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1 professions is a state priority in order to protect Florida
2 residents and visitors from the potentially serious and
3 dangerous consequences of receiving medical and health care
4 services from unlicensed persons whose professional education
5 and training and other relevant qualifications have not been
6 approved through the issuance of a license by the appropriate
7 regulatory board or the department when there is no board. The
8 unlicensed practice of a health care profession or the
9 performance or delivery of medical or health care services to
10 patients in this state without a valid, active license to
11 practice that profession, regardless of the means of the
12 performance or delivery of such services, is strictly
13 prohibited.
14 (2) The penalties for unlicensed practice of a health
15 care profession shall include the following:
16 (a)(1) When the department has probable cause to
17 believe that any person not licensed by the department, or the
18 appropriate regulatory board within the department, has
19 violated any provision of this part or any statute that
20 relates to the practice of a profession regulated by the
21 department, or any rule adopted pursuant thereto, the
22 department may issue and deliver to such person a notice to
23 cease and desist from such violation. In addition, the
24 department may issue and deliver a notice to cease and desist
25 to any person who aids and abets the unlicensed practice of a
26 profession by employing such unlicensed person. The issuance
27 of a notice to cease and desist shall not constitute agency
28 action for which a hearing under ss. 120.569 and 120.57 may be
29 sought. For the purpose of enforcing a cease and desist order,
30 the department may file a proceeding in the name of the state
31
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1 seeking issuance of an injunction or a writ of mandamus
2 against any person who violates any provisions of such order.
3 (b) In addition to the foregoing remedies under
4 paragraph (a), the department may impose by citation an
5 administrative penalty not to exceed $5,000 per incident
6 pursuant to the provisions of chapter 120 or may issue a
7 citation pursuant to the provisions of subsection (3). The
8 citation shall be issued to the subject and shall contain the
9 subject's name and any other information the department
10 determines to be necessary to identify the subject, a brief
11 factual statement, the sections of the law allegedly violated,
12 and the penalty imposed. If the subject does not dispute the
13 matter in the citation with the department within 30 days
14 after the citation is served, the citation shall become a
15 final order of the department. The department may adopt rules
16 to implement this section. The penalty shall be a fine of not
17 less than $500 nor more than $5,000 as established by rule of
18 the department. Each day that the unlicensed practice
19 continues after issuance of a notice to cease and desist
20 constitutes a separate violation. The department shall be
21 entitled to recover the costs of investigation and prosecution
22 in addition to the fine levied pursuant to the citation.
23 Service of a citation may be made by personal service or by
24 mail to the subject at the subject's last known address or
25 place of practice. If the department is required to seek
26 enforcement of the cease and desist or agency order for a
27 penalty pursuant to s. 120.569, it shall be entitled to
28 collect its attorney's fees and costs, together with any cost
29 of collection.
30 (c)(2) In addition to or in lieu of any other
31 administrative remedy provided in subsection (1), the
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1 department may seek the imposition of a civil penalty through
2 the circuit court for any violation for which the department
3 may issue a notice to cease and desist under subsection (1).
4 The civil penalty shall be no less than $500 and no more than
5 $5,000 for each offense. The court may also award to the
6 prevailing party court costs and reasonable attorney fees and,
7 in the event the department prevails, may also award
8 reasonable costs of investigation and prosecution.
9 (d) In addition to the administrative and civil
10 remedies under paragraphs (b) and (c) and in addition to the
11 criminal violations and penalties listed in the individual
12 health care practice acts:
13 1. It is a felony of the third degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084, to
15 practice, attempt to practice, or offer to practice a health
16 care profession without an active, valid Florida license to
17 practice that profession. Practicing without an active, valid
18 license also includes practicing on a suspended, revoked, or
19 void license, but does not include practicing, attempting to
20 practice, or offering to practice with an inactive or
21 delinquent license for a period of up to 12 months which is
22 addressed in subparagraph 3. Applying for employment for a
23 position that requires a license without notifying the
24 employer that the person does not currently possess a valid,
25 active license to practice that profession shall be deemed to
26 be an attempt or offer to practice that health care profession
27 without a license. Holding oneself out, regardless of the
28 means of communication, as able to practice a health care
29 profession or as able to provide services that require a
30 health care license shall be deemed to be an attempt or offer
31 to practice such profession without a license. The minimum
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1 penalty for violating this subparagraph shall be a fine of
2 $1,000 and a minimum mandatory period of incarceration of 1
3 year.
4 2. It is a felony of the second degree, punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084, to practice
6 a health care profession without an active, valid Florida
7 license to practice that profession when such practice results
8 in serious bodily injury. For purposes of this section,
9 "serious bodily injury" means death; brain or spinal damage;
10 disfigurement; fracture or dislocation of bones or joints;
11 limitation of neurological, physical, or sensory function; or
12 any condition that required subsequent surgical repair. The
13 minimum penalty for violating this subparagraph shall be a
14 fine of $1,000 and a minimum mandatory period of incarceration
15 of 1 year.
16 3. It is a misdemeanor of the first degree, punishable
17 as provided in s. 775.082 or s. 775.083, to practice, attempt
18 to practice, or offer to practice a health care profession
19 with an inactive or delinquent license for any period of time
20 up to 12 months. However, practicing, attempting to practice,
21 or offering to practice a health care profession when that
22 person's license has been inactive or delinquent for a period
23 of time of 12 months or more shall be a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084. The minimum penalty for violating this
26 subparagraph shall be a term of imprisonment of 30 days and a
27 fine of $500.
28 (3) Because all enforcement costs should be covered by
29 professions regulated by the department, the department shall
30 impose, upon initial licensure and each licensure renewal, a
31 special fee of $5 per licensee to fund efforts to combat
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1 unlicensed activity. Such fee shall be in addition to all
2 other fees collected from each licensee. The board with
3 concurrence of the department, or the department when there is
4 no board, may earmark $5 of the current licensure fee for this
5 purpose, if such board, or profession regulated by the
6 department, is not in a deficit and has a reasonable cash
7 balance. The department shall make direct charges to the
8 Medical Quality Assurance Trust Fund by profession. The
9 department shall seek board advice regarding enforcement
10 methods and strategies. The department shall directly credit
11 the Medical Quality Assurance Trust Fund, by profession, with
12 the revenues received from the department's efforts to enforce
13 licensure provisions. The department shall include all
14 financial and statistical data resulting from unlicensed
15 activity enforcement as a separate category in the quarterly
16 management report provided for in s. 455.587. For an
17 unlicensed activity account, a balance which remains at the
18 end of a renewal cycle may, with concurrence of the applicable
19 board and the department, be transferred to the operating fund
20 account of that profession. The department shall also use
21 these funds to inform and educate consumers generally on the
22 importance of using licensed health care practitioners.
23 (3)(a) Notwithstanding the provisions of s. 455.621,
24 the department shall adopt rules to permit the issuance of
25 citations for unlicensed practice of a profession. The
26 citation shall be issued to the subject and shall contain the
27 subject's name and any other information the department
28 determines to be necessary to identify the subject, a brief
29 factual statement, the sections of the law allegedly violated,
30 and the penalty imposed. The citation must clearly state that
31 the subject may choose, in lieu of accepting the citation, to
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1 follow the procedure under s. 455.621. If the subject disputes
2 the matter in the citation, the procedures set forth in s.
3 455.621 must be followed. However, if the subject does not
4 dispute the matter in the citation with the department within
5 30 days after the citation is served, the citation shall
6 become a final order of the department. The penalty shall be a
7 fine of not less than $500 or more than $5,000 or other
8 conditions as established by rule.
9 (b) Each day that the unlicensed practice continues
10 after issuance of a citation constitutes a separate violation.
11 (c) The department shall be entitled to recover the
12 costs of investigation, in addition to any penalty provided
13 according to department rule as part of the penalty levied
14 pursuant to the citation.
15 (d) Service of a citation may be made by personal
16 service or certified mail, restricted delivery, to the subject
17 at the subject's last known address.
18 (4) All fines, fees, and costs collected through the
19 procedures set forth in this section shall be allocated to the
20 professions in the manner provided for in s. 455.641 for the
21 allocation of the fees assessed and collected to combat
22 unlicensed practice of a profession.
23 (4)(5) The provisions of this section apply only to
24 health care the professional practice acts administered by the
25 department.
26 (5) Nothing herein shall be construed to limit or
27 restrict the sale, use, or recommendation of the use of a
28 dietary supplement, as defined by the Food, Drug, and Cosmetic
29 Act, Title 21, s. 321, so long as the person selling, using,
30 or recommending the dietary supplement does so in compliance
31 with federal and state law.
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1 Section 22. The amendment of s. 455.637, Florida
2 Statutes, by this act applies to offenses committed on or
3 after the effective date of such section.
4 Section 23. Section 455.641, Florida Statutes, is
5 repealed.
6 Section 24. For the purpose of incorporating the
7 amendment to section 455.637, Florida Statutes, in references
8 thereto, the sections or subdivisions of Florida Statutes set
9 forth below are reenacted to read:
10 455.574 Department of Health; examinations.--
11 (1)
12 (d) Each board, or the department when there is no
13 board, shall adopt rules regarding the security and monitoring
14 of examinations. The department shall implement those rules
15 adopted by the respective boards. In order to maintain the
16 security of examinations, the department may employ the
17 procedures set forth in s. 455.637 to seek fines and
18 injunctive relief against an examinee who violates the
19 provisions of s. 455.577 or the rules adopted pursuant to this
20 paragraph. The department, or any agent thereof, may, for the
21 purposes of investigation, confiscate any written,
22 photographic, or recording material or device in the
23 possession of the examinee at the examination site which the
24 department deems necessary to enforce such provisions or
25 rules.
26 468.1295 Disciplinary proceedings.--
27 (1) The following acts constitute grounds for both
28 disciplinary actions as set forth in subsection (2) and cease
29 and desist or other related actions by the department as set
30 forth in s. 455.637:
31
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1 (a) Procuring or attempting to procure a license by
2 bribery, by fraudulent misrepresentation, or through an error
3 of the department or the board.
4 (b) Having a license revoked, suspended, or otherwise
5 acted against, including denial of licensure, by the licensing
6 authority of another state, territory, or country.
7 (c) Being convicted or found guilty of, or entering a
8 plea of nolo contendere to, regardless of adjudication, a
9 crime in any jurisdiction which directly relates to the
10 practice of speech-language pathology or audiology.
11 (d) Making or filing a report or record which the
12 licensee knows to be false, intentionally or negligently
13 failing to file a report or records required by state or
14 federal law, willfully impeding or obstructing such filing, or
15 inducing another person to impede or obstruct such filing.
16 Such report or record shall include only those reports or
17 records which are signed in one's capacity as a licensed
18 speech-language pathologist or audiologist.
19 (e) Advertising goods or services in a manner which is
20 fraudulent, false, deceptive, or misleading in form or
21 content.
22 (f) Being proven guilty of fraud or deceit or of
23 negligence, incompetency, or misconduct in the practice of
24 speech-language pathology or audiology.
25 (g) Violating a lawful order of the board or
26 department previously entered in a disciplinary hearing, or
27 failing to comply with a lawfully issued subpoena of the board
28 or department.
29 (h) Practicing with a revoked, suspended, inactive, or
30 delinquent license.
31
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1 (i) Using, or causing or promoting the use of, any
2 advertising matter, promotional literature, testimonial,
3 guarantee, warranty, label, brand, insignia, or other
4 representation, however disseminated or published, which is
5 misleading, deceiving, or untruthful.
6 (j) Showing or demonstrating or, in the event of sale,
7 delivery of a product unusable or impractical for the purpose
8 represented or implied by such action.
9 (k) Failing to submit to the board on an annual basis,
10 or such other basis as may be provided by rule, certification
11 of testing and calibration of such equipment as designated by
12 the board and on the form approved by the board.
13 (l) Aiding, assisting, procuring, employing, or
14 advising any licensee or business entity to practice
15 speech-language pathology or audiology contrary to this part,
16 part II of chapter 455, or any rule adopted pursuant thereto.
17 (m) Violating any provision of this part or part II of
18 chapter 455 or any rule adopted pursuant thereto.
19 (n) Misrepresenting the professional services
20 available in the fitting, sale, adjustment, service, or repair
21 of a hearing aid, or using any other term or title which might
22 connote the availability of professional services when such
23 use is not accurate.
24 (o) Representing, advertising, or implying that a
25 hearing aid or its repair is guaranteed without providing full
26 disclosure of the identity of the guarantor; the nature,
27 extent, and duration of the guarantee; and the existence of
28 conditions or limitations imposed upon the guarantee.
29 (p) Representing, directly or by implication, that a
30 hearing aid utilizing bone conduction has certain specified
31 features, such as the absence of anything in the ear or
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1 leading to the ear, or the like, without disclosing clearly
2 and conspicuously that the instrument operates on the bone
3 conduction principle and that in many cases of hearing loss
4 this type of instrument may not be suitable.
5 (q) Stating or implying that the use of any hearing
6 aid will improve or preserve hearing or prevent or retard the
7 progression of a hearing impairment or that it will have any
8 similar or opposite effect.
9 (r) Making any statement regarding the cure of the
10 cause of a hearing impairment by the use of a hearing aid.
11 (s) Representing or implying that a hearing aid is or
12 will be "custom-made," "made to order," or
13 "prescription-made," or in any other sense specially
14 fabricated for an individual, when such is not the case.
15 (t) Canvassing from house to house or by telephone,
16 either in person or by an agent, for the purpose of selling a
17 hearing aid, except that contacting persons who have evidenced
18 an interest in hearing aids, or have been referred as in need
19 of hearing aids, shall not be considered canvassing.
20 (u) Failing to notify the department in writing of a
21 change in current mailing and place-of-practice address within
22 30 days after such change.
23 (v) Failing to provide all information as described in
24 ss. 468.1225(5)(b), 468.1245(1), and 468.1246.
25 (w) Exercising influence on a client in such a manner
26 as to exploit the client for financial gain of the licensee or
27 of a third party.
28 (x) Practicing or offering to practice beyond the
29 scope permitted by law or accepting and performing
30 professional responsibilities the licensee or
31
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1 certificateholder knows, or has reason to know, the licensee
2 or certificateholder is not competent to perform.
3 (y) Aiding, assisting, procuring, or employing any
4 unlicensed person to practice speech-language pathology or
5 audiology.
6 (z) Delegating or contracting for the performance of
7 professional responsibilities by a person when the licensee
8 delegating or contracting for performance of such
9 responsibilities knows, or has reason to know, such person is
10 not qualified by training, experience, and authorization to
11 perform them.
12 (aa) Committing any act upon a patient or client which
13 would constitute sexual battery or which would constitute
14 sexual misconduct as defined pursuant to s. 468.1296.
15 (bb) Being unable to practice the profession for which
16 he or she is licensed or certified under this chapter with
17 reasonable skill or competence as a result of any mental or
18 physical condition or by reason of illness, drunkenness, or
19 use of drugs, narcotics, chemicals, or any other substance. In
20 enforcing this paragraph, upon a finding by the secretary, his
21 or her designee, or the board that probable cause exists to
22 believe that the licensee or certificateholder is unable to
23 practice the profession because of the reasons stated in this
24 paragraph, the department shall have the authority to compel a
25 licensee or certificateholder to submit to a mental or
26 physical examination by a physician, psychologist, clinical
27 social worker, marriage and family therapist, or mental health
28 counselor designated by the department or board. If the
29 licensee or certificateholder refuses to comply with the
30 department's order directing the examination, such order may
31 be enforced by filing a petition for enforcement in the
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1 circuit court in the circuit in which the licensee or
2 certificateholder resides or does business. The department
3 shall be entitled to the summary procedure provided in s.
4 51.011. A licensee or certificateholder affected under this
5 paragraph shall at reasonable intervals be afforded an
6 opportunity to demonstrate that he or she can resume the
7 competent practice for which he or she is licensed or
8 certified with reasonable skill and safety to patients.
9 484.014 Disciplinary actions.--
10 (1) The following acts relating to the practice of
11 opticianry shall be grounds for both disciplinary action
12 against an optician as set forth in this section and cease and
13 desist or other related action by the department as set forth
14 in s. 455.637 against any person operating an optical
15 establishment who engages in, aids, or abets any such
16 violation:
17 (a) Procuring or attempting to procure a license by
18 misrepresentation, bribery, or fraud or through an error of
19 the department or the board.
20 (b) Procuring or attempting to procure a license for
21 any other person by making or causing to be made any false
22 representation.
23 (c) Making or filing a report or record which the
24 licensee knows to be false, intentionally or negligently
25 failing to file a report or record required by federal or
26 state law, willfully impeding or obstructing such filing, or
27 inducing another person to do so. Such reports or records
28 shall include only those which the person is required to make
29 or file as an optician.
30
31
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1 (d) Failing to make fee or price information readily
2 available by providing such information upon request or upon
3 the presentation of a prescription.
4 (e) Advertising goods or services in a manner which is
5 fraudulent, false, deceptive, or misleading in form or
6 content.
7 (f) Fraud or deceit, or negligence, incompetency, or
8 misconduct, in the authorized practice of opticianry.
9 (g) Violation or repeated violation of this part or of
10 part II of chapter 455 or any rules promulgated pursuant
11 thereto.
12 (h) Practicing with a revoked, suspended, inactive, or
13 delinquent license.
14 (i) Violation of a lawful order of the board or
15 department previously entered in a disciplinary hearing or
16 failing to comply with a lawfully issued subpoena of the
17 department.
18 (j) Violation of any provision of s. 484.012.
19 (k) Conspiring with another licensee or with any
20 person to commit an act, or committing an act, which would
21 coerce, intimidate, or preclude another licensee from lawfully
22 advertising her or his services.
23 (l) Willfully submitting to any third-party payor a
24 claim for services which were not provided to a patient.
25 (m) Failing to keep written prescription files.
26 (n) Willfully failing to report any person who the
27 licensee knows is in violation of this part or of rules of the
28 department or the board.
29 (o) Exercising influence on a client in such a manner
30 as to exploit the client for financial gain of the licensee or
31 of a third party.
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1 (p) Gross or repeated malpractice.
2 (q) Permitting any person not licensed as an optician
3 in this state to fit or dispense any lenses, spectacles,
4 eyeglasses, or other optical devices which are part of the
5 practice of opticianry.
6 (r) Being convicted or found guilty of, or entering a
7 plea of nolo contendere to, regardless of adjudication, in a
8 court of this state or other jurisdiction, a crime which
9 relates to the ability to practice opticianry or to the
10 practice of opticianry.
11 (s) Having been disciplined by a regulatory agency in
12 another state for any offense that would constitute a
13 violation of Florida law or rules regulating opticianry.
14 (t) Being unable to practice opticianry with
15 reasonable skill and safety by reason of illness or use of
16 drugs, narcotics, chemicals, or any other type of material or
17 as a result of any mental or physical condition. An optician
18 affected under this paragraph shall at reasonable intervals be
19 afforded an opportunity to demonstrate that she or he can
20 resume the competent practice of opticianry with reasonable
21 skill and safety to her or his customers.
22 484.056 Disciplinary proceedings.--
23 (1) The following acts relating to the practice of
24 dispensing hearing aids shall be grounds for both disciplinary
25 action against a hearing aid specialist as set forth in this
26 section and cease and desist or other related action by the
27 department as set forth in s. 455.637 against any person
28 owning or operating a hearing aid establishment who engages
29 in, aids, or abets any such violation:
30 (a) Violation of any provision of s. 455.624(1), s.
31 484.0512, or s. 484.053.
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1 (b) Attempting to procure a license to dispense
2 hearing aids by bribery, by fraudulent misrepresentations, or
3 through an error of the department or the board.
4 (c) Having a license to dispense hearing aids revoked,
5 suspended, or otherwise acted against, including the denial of
6 licensure, by the licensing authority of another state,
7 territory, or country.
8 (d) Being convicted or found guilty of, or entering a
9 plea of nolo contendere to, regardless of adjudication, a
10 crime in any jurisdiction which directly relates to the
11 practice of dispensing hearing aids or the ability to practice
12 dispensing hearing aids, including violations of any federal
13 laws or regulations regarding hearing aids.
14 (e) Making or filing a report or record which the
15 licensee knows to be false, intentionally or negligently
16 failing to file a report or record required by state or
17 federal law, willfully impeding or obstructing such filing, or
18 inducing another person to impede or obstruct such filing.
19 Such reports or records shall include only those reports or
20 records which are signed in one's capacity as a licensed
21 hearing aid specialist.
22 (f) Advertising goods or services in a manner which is
23 fraudulent, false, deceptive, or misleading in form or
24 content.
25 (g) Proof that the licensee is guilty of fraud or
26 deceit or of negligence, incompetency, or misconduct in the
27 practice of dispensing hearing aids.
28 (h) Violation or repeated violation of this part or of
29 part II of chapter 455, or any rules promulgated pursuant
30 thereto.
31
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1 (i) Violation of a lawful order of the board or
2 department previously entered in a disciplinary hearing or
3 failure to comply with a lawfully issued subpoena of the board
4 or department.
5 (j) Practicing with a revoked, suspended, inactive, or
6 delinquent license.
7 (k) Using, or causing or promoting the use of, any
8 advertising matter, promotional literature, testimonial,
9 guarantee, warranty, label, brand, insignia, or other
10 representation, however disseminated or published, which is
11 misleading, deceiving, or untruthful.
12 (l) Showing or demonstrating, or, in the event of
13 sale, delivery of, a product unusable or impractical for the
14 purpose represented or implied by such action.
15 (m) Misrepresentation of professional services
16 available in the fitting, sale, adjustment, service, or repair
17 of a hearing aid, or use of the terms "doctor," "clinic,"
18 "clinical," "medical audiologist," "clinical audiologist,"
19 "research audiologist," or "audiologic" or any other term or
20 title which might connote the availability of professional
21 services when such use is not accurate.
22 (n) Representation, advertisement, or implication that
23 a hearing aid or its repair is guaranteed without providing
24 full disclosure of the identity of the guarantor; the nature,
25 extent, and duration of the guarantee; and the existence of
26 conditions or limitations imposed upon the guarantee.
27 (o) Representing, directly or by implication, that a
28 hearing aid utilizing bone conduction has certain specified
29 features, such as the absence of anything in the ear or
30 leading to the ear, or the like, without disclosing clearly
31 and conspicuously that the instrument operates on the bone
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1 conduction principle and that in many cases of hearing loss
2 this type of instrument may not be suitable.
3 (p) Making any predictions or prognostications as to
4 the future course of a hearing impairment, either in general
5 terms or with reference to an individual person.
6 (q) Stating or implying that the use of any hearing
7 aid will improve or preserve hearing or prevent or retard the
8 progression of a hearing impairment or that it will have any
9 similar or opposite effect.
10 (r) Making any statement regarding the cure of the
11 cause of a hearing impairment by the use of a hearing aid.
12 (s) Representing or implying that a hearing aid is or
13 will be "custom-made," "made to order," or "prescription-made"
14 or in any other sense specially fabricated for an individual
15 person when such is not the case.
16 (t) Canvassing from house to house or by telephone
17 either in person or by an agent for the purpose of selling a
18 hearing aid, except that contacting persons who have evidenced
19 an interest in hearing aids, or have been referred as in need
20 of hearing aids, shall not be considered canvassing.
21 (u) Failure to submit to the board on an annual basis,
22 or such other basis as may be provided by rule, certification
23 of testing and calibration of audiometric testing equipment on
24 the form approved by the board.
25 (v) Failing to provide all information as described in
26 s. 484.051(1).
27 (w) Exercising influence on a client in such a manner
28 as to exploit the client for financial gain of the licensee or
29 of a third party.
30 Section 25. Paragraphs (a) and (g) of subsection (3)
31 of section 921.0022, Florida Statutes, are amended to read:
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (a) LEVEL 1
9 24.118(3)(a) 3rd Counterfeit or altered state
10 lottery ticket.
11 212.054(2)(b) 3rd Discretionary sales surtax;
12 limitations, administration, and
13 collection.
14 212.15(2)(b) 3rd Failure to remit sales taxes,
15 amount greater than $300 but less
16 than $20,000.
17 319.30(5) 3rd Sell, exchange, give away
18 certificate of title or
19 identification number plate.
20 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
21 odometer.
22 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
23 registration license plates or
24 validation stickers.
25 322.212(1) 3rd Possession of forged, stolen,
26 counterfeit, or unlawfully issued
27 driver's license; possession of
28 simulated identification.
29 322.212(4) 3rd Supply or aid in supplying
30 unauthorized driver's license or
31 identification card.
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1 322.212(5)(a) 3rd False application for driver's
2 license or identification card.
3 370.13(3)(a) 3rd Molest any stone crab trap, line,
4 or buoy which is property of
5 licenseholder.
6 370.135(1) 3rd Molest any blue crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 372.663(1) 3rd Poach any alligator or
10 crocodilia.
11 414.39(2) 3rd Unauthorized use, possession,
12 forgery, or alteration of food
13 stamps, Medicaid ID, value
14 greater than $200.
15 414.39(3)(a) 3rd Fraudulent misappropriation of
16 public assistance funds by
17 employee/official, value more
18 than $200.
19 443.071(1) 3rd False statement or representation
20 to obtain or increase
21 unemployment compensation
22 benefits.
23 458.327(1)(a) 3rd Unlicensed practice of medicine.
24 466.026(1)(a) 3rd Unlicensed practice of dentistry
25 or dental hygiene.
26 509.151(1) 3rd Defraud an innkeeper, food or
27 lodging value greater than $300.
28 517.302(1) 3rd Violation of the Florida
29 Securities and Investor
30 Protection Act.
31 562.27(1) 3rd Possess still or still apparatus.
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1 713.69 3rd Tenant removes property upon
2 which lien has accrued, value
3 more than $50.
4 812.014(3)(c) 3rd Petit theft (3rd conviction);
5 theft of any property not
6 specified in subsection (2).
7 812.081(2) 3rd Unlawfully makes or causes to be
8 made a reproduction of a trade
9 secret.
10 815.04(4)(a) 3rd Offense against intellectual
11 property (i.e., computer
12 programs, data).
13 817.52(2) 3rd Hiring with intent to defraud,
14 motor vehicle services.
15 826.01 3rd Bigamy.
16 828.122(3) 3rd Fighting or baiting animals.
17 831.04(1) 3rd Any erasure, alteration, etc., of
18 any replacement deed, map, plat,
19 or other document listed in s.
20 92.28.
21 831.31(1)(a) 3rd Sell, deliver, or possess
22 counterfeit controlled
23 substances, all but s. 893.03(5)
24 drugs.
25 832.041(1) 3rd Stopping payment with intent to
26 defraud $150 or more.
27 832.05
28 (2)(b)&(4)(c) 3rd Knowing, making, issuing
29 worthless checks $150 or more or
30 obtaining property in return for
31 worthless check $150 or more.
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1 838.015(3) 3rd Bribery.
2 838.016(1) 3rd Public servant receiving unlawful
3 compensation.
4 838.15(2) 3rd Commercial bribe receiving.
5 838.16 3rd Commercial bribery.
6 843.18 3rd Fleeing by boat to elude a law
7 enforcement officer.
8 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
9 lewd, etc., material (2nd
10 conviction).
11 849.01 3rd Keeping gambling house.
12 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
13 or assist therein, conduct or
14 advertise drawing for prizes, or
15 dispose of property or money by
16 means of lottery.
17 849.23 3rd Gambling-related machines;
18 "common offender" as to property
19 rights.
20 849.25(2) 3rd Engaging in bookmaking.
21 860.08 3rd Interfere with a railroad signal.
22 860.13(1)(a) 3rd Operate aircraft while under the
23 influence.
24 893.13(2)(a)2. 3rd Purchase of cannabis.
25 893.13(6)(a) 3rd Possession of cannabis (more than
26 20 grams).
27 893.13(7)(a)10. 3rd Affix false or forged label to
28 package of controlled substance.
29 934.03(1)(a) 3rd Intercepts, or procures any other
30 person to intercept, any wire or
31 oral communication.
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1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 402.319(2) 2nd Misrepresentation and negligence
7 or intentional act resulting in
8 great bodily harm, permanent
9 disfiguration, permanent
10 disability, or death.
11 409.920(2) 3rd Medicaid provider fraud.
12 455.637(2) 3rd Practicing a health care
13 profession without a license.
14 455.637(2) 2nd Practicing a health care
15 profession without a license
16 which results in serious bodily
17 injury.
18 458.327(1) 3rd Practicing medicine without a
19 license.
20 459.013(1) 3rd Practicing osteopathic medicine
21 without a license.
22 460.411(1) 3rd Practicing chiropractic medicine
23 without a license.
24 461.012(1) 3rd Practicing podiatric medicine
25 without a license.
26 462.17 3rd Practicing naturopathy without a
27 license.
28 463.015(1) 3rd Practicing optometry without a
29 license.
30 464.016(1) 3rd Practicing nursing without a
31 license.
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1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 782.051(3) 2nd Attempted felony murder of a
22 person by a person other than the
23 perpetrator or the perpetrator of
24 an attempted felony.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
29
30
31
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 796.03 2nd Procuring any person under 16
4 years for prostitution.
5 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
6 victim less than 12 years of age;
7 offender less than 18 years.
8 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
9 victim 12 years of age or older
10 but less than 16 years; offender
11 18 years or older.
12 806.01(2) 2nd Maliciously damage structure by
13 fire or explosive.
14 810.02(3)(a) 2nd Burglary of occupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
17 unarmed; no assault or battery.
18 810.02(3)(d) 2nd Burglary of occupied conveyance;
19 unarmed; no assault or battery.
20 812.014(2)(a) 1st Property stolen, valued at
21 $100,000 or more; property stolen
22 while causing other property
23 damage; 1st degree grand theft.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.131(2)(a) 2nd Robbery by sudden snatching.
29 812.133(2)(b) 1st Carjacking; no firearm, deadly
30 weapon, or other weapon.
31
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(3) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 837.05(2) 3rd Giving false information about
19 alleged capital felony to a law
20 enforcement officer.
21 872.06 2nd Abuse of a dead human body.
22 893.13(1)(c)1. 1st Sell, manufacture, or deliver
23 cocaine (or other drug prohibited
24 under s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), or (2)(b)) within
26 1,000 feet of a child care
27 facility or school.
28
29
30
31
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1 893.13(1)(e) 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b), within
5 1,000 feet of property used for
6 religious services or a specified
7 business site.
8 893.13(4)(a) 1st Deliver to minor cocaine (or
9 other s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b) drugs).
11 893.135(1)(a)1. 1st Trafficking in cannabis, more
12 than 50 lbs., less than 2,000
13 lbs.
14 893.135
15 (1)(b)1.a. 1st Trafficking in cocaine, more than
16 28 grams, less than 200 grams.
17 893.135
18 (1)(c)1.a. 1st Trafficking in illegal drugs,
19 more than 4 grams, less than 14
20 grams.
21 893.135
22 (1)(d)1. 1st Trafficking in phencyclidine,
23 more than 28 grams, less than 200
24 grams.
25 893.135(1)(e)1. 1st Trafficking in methaqualone, more
26 than 200 grams, less than 5
27 kilograms.
28 893.135(1)(f)1. 1st Trafficking in amphetamine, more
29 than 14 grams, less than 28
30 grams.
31
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1 893.135
2 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
3 grams or more, less than 14
4 grams.
5 Section 26. 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 27. Subsection (1) of section 459.013, Florida
22 Statutes, reads:
23 459.013 Penalty for violations.--
24 (1) Each of the following acts constitutes a felony of
25 the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084:
27 (a) The practice of osteopathic medicine, or an
28 attempt to practice osteopathic medicine, without an active
29 license or certificate issued pursuant to this chapter.
30 (b) The practice of osteopathic medicine by a person
31 holding a limited license, osteopathic faculty certificate, or
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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 28. 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 29. 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
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1 (b) Advertising podiatric services without an active
2 license obtained pursuant to this chapter or with a license
3 fraudulently obtained.
4 (c) Using or attempting to use a license to practice
5 podiatric medicine which has been suspended or revoked.
6 Section 30. Section 462.17, Florida Statutes, reads:
7 462.17 Penalty for offenses relating to
8 naturopathy.--Any person who shall:
9 (1) Sell, fraudulently obtain, or furnish any
10 naturopathic diploma, license, record, or registration or aid
11 or abet in the same;
12 (2) Practice naturopathy under the cover of any
13 diploma, license, record, or registration illegally or
14 fraudulently obtained or secured or issued unlawfully or upon
15 fraudulent representations;
16 (3) Advertise to practice naturopathy under a name
17 other than her or his own or under an assumed name;
18 (4) Falsely impersonate another practitioner of a like
19 or different name;
20 (5) Practice or advertise to practice naturopathy or
21 use in connection with her or his name any designation tending
22 to imply or to designate the person as a practitioner of
23 naturopathy without then being lawfully licensed and
24 authorized to practice naturopathy in this state; or
25 (6) Practice naturopathy during the time her or his
26 license is suspended or revoked
27
28 shall be guilty of a felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084.
30 Section 31. Subsection (1) of section 463.015, Florida
31 Statutes, reads:
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1 463.015 Violations and penalties.--
2 (1) Each of the following acts constitutes a felony of
3 the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084:
5 (a) Practicing or attempting to practice optometry
6 without a valid active license issued pursuant to this
7 chapter.
8 (b) Attempting to obtain or obtaining a license to
9 practice optometry by fraudulent misrepresentation.
10 (c) Using or attempting to use a license to practice
11 optometry which has been suspended or revoked.
12 Section 32. Subsection (1) of section 464.016, Florida
13 Statutes, reads:
14 464.016 Violations and penalties.--
15 (1) Each of the following acts constitutes a felony of
16 the third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084:
18 (a) Practicing advanced or specialized, professional
19 or practical nursing, as defined in this chapter, unless
20 holding an active license or certificate to do so.
21 (b) Using or attempting to use a license or
22 certificate which has been suspended or revoked.
23 (c) Knowingly employing unlicensed persons in the
24 practice of nursing.
25 (d) Obtaining or attempting to obtain a license or
26 certificate under this chapter by misleading statements or
27 knowing misrepresentation.
28 Section 33. Subsection (2) of section 465.015, Florida
29 Statutes, reads:
30 465.015 Violations and penalties.--
31 (2) It is unlawful for any person:
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1 (a) To make a false or fraudulent statement, either
2 for herself or himself or for another person, in any
3 application, affidavit, or statement presented to the board or
4 in any proceeding before the board.
5 (b) To fill, compound, or dispense prescriptions or to
6 dispense medicinal drugs if such person does not hold an
7 active license as a pharmacist in this state, is not
8 registered as an intern in this state, or is an intern not
9 acting under the direct and immediate personal supervision of
10 a licensed pharmacist.
11 (c) To sell or dispense drugs as defined in s.
12 465.003(8) without first being furnished with a prescription.
13 (d) To sell samples or complimentary packages of drug
14 products.
15 Section 34. Subsection (1) of section 466.026, Florida
16 Statutes, reads:
17 466.026 Prohibitions; penalties.--
18 (1) Each of the following acts constitutes a felony of
19 the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084:
21 (a) Practicing dentistry or dental hygiene unless the
22 person has an appropriate, active license issued by the
23 department pursuant to this chapter.
24 (b) Using or attempting to use a license issued
25 pursuant to this chapter which license has been suspended or
26 revoked.
27 (c) Knowingly employing any person to perform duties
28 outside the scope allowed such person under this chapter or
29 the rules of the board.
30 (d) Giving false or forged evidence to the department
31 or board for the purpose of obtaining a license.
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1 (e) Selling or offering to sell a diploma conferring a
2 degree from a dental college or dental hygiene school or
3 college, or a license issued pursuant to this chapter, or
4 procuring such diploma or license with intent that it shall be
5 used as evidence of that which the document stands for, by a
6 person other than the one upon whom it was conferred or to
7 whom it was granted.
8 Section 35. Section 467.201, Florida Statutes, reads:
9 467.201 Violations and penalties.--Each of the
10 following acts constitutes a felony of the third degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084:
13 (1) Practicing midwifery, unless holding an active
14 license to do so.
15 (2) Using or attempting to use a license which has
16 been suspended or revoked.
17 (3) The willful practice of midwifery by a student
18 midwife without a preceptor present, except in an emergency.
19 (4) Knowingly allowing a student midwife to practice
20 midwifery without a preceptor present, except in an emergency.
21 (5) Obtaining or attempting to obtain a license under
22 this chapter through bribery or fraudulent misrepresentation.
23 (6) Using the name or title "midwife" or "licensed
24 midwife" or any other name or title which implies that a
25 person is licensed to practice midwifery, unless such person
26 is duly licensed as provided in this chapter.
27 (7) Knowingly concealing information relating to the
28 enforcement of this chapter or rules adopted pursuant thereto.
29 Section 36. Section 468.366, Florida Statutes, reads:
30 468.366 Penalties for violations.--
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1 (1) It is a violation of law for any person, including
2 any firm, association, or corporation, to:
3 (a) Sell or fraudulently obtain, attempt to obtain, or
4 furnish to any person a diploma, license, or record, or aid or
5 abet in the sale, procurement, or attempted procurement
6 thereof.
7 (b) Deliver respiratory care services, as defined by
8 this part or by rule of the board, under cover of any diploma,
9 license, or record that was illegally or fraudulently obtained
10 or signed or issued unlawfully or under fraudulent
11 representation.
12 (c) Deliver respiratory care services, as defined by
13 this part or by rule of the board, unless such person is duly
14 licensed to do so under the provisions of this part or unless
15 such person is exempted pursuant to s. 468.368.
16 (d) Use, in connection with his or her name, any
17 designation tending to imply that he or she is a respiratory
18 care practitioner or a respiratory therapist, duly licensed
19 under the provisions of this part, unless he or she is so
20 licensed.
21 (e) Advertise an educational program as meeting the
22 requirements of this part, or conduct an educational program
23 for the preparation of respiratory care practitioners or
24 respiratory therapists, unless such program has been approved
25 by the board.
26 (f) Knowingly employ unlicensed persons in the
27 delivery of respiratory care services, unless exempted by this
28 part.
29 (g) Knowingly conceal information relative to any
30 violation of this part.
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1 (2) Any violation of this section is a felony of the
2 third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 Section 37. Subsection (1) of section 483.828, Florida
5 Statutes, reads:
6 483.828 Penalties for violations.--
7 (1) Each of the following acts constitutes a felony of
8 the third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084:
10 (a) Practicing as clinical laboratory personnel
11 without an active license.
12 (b) Using or attempting to use a license to practice
13 as clinical laboratory personnel which is suspended or
14 revoked.
15 (c) Attempting to obtain or obtaining a license to
16 practice as clinical laboratory personnel by knowing
17 misrepresentation.
18 Section 38. Subsection (9) of section 483.901, Florida
19 Statutes, reads:
20 483.901 Medical physicists; definitions; licensure.--
21 (9) PENALTY FOR VIOLATIONS.--It is a felony of the
22 third degree, punishable as provided in s. 775.082, s.
23 775.083, or s. 775.084, to:
24 (a) Practice or attempt to practice medical physics or
25 hold oneself out to be a licensed medical physicist without
26 holding an active license.
27 (b) Practice or attempt to practice medical physics
28 under a name other than one's own.
29 (c) Use or attempt to use a revoked or suspended
30 license or the license of another.
31 Section 39. Section 484.053, Florida Statutes, reads:
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1 484.053 Prohibitions; penalties.--
2 (1) A person may not:
3 (a) Practice dispensing hearing aids unless the person
4 is a licensed hearing aid specialist;
5 (b) Use the name or title "hearing aid specialist"
6 when the person has not been licensed under this part;
7 (c) Present as her or his own the license of another;
8 (d) Give false, incomplete, or forged evidence to the
9 board or a member thereof for the purposes of obtaining a
10 license;
11 (e) Use or attempt to use a hearing aid specialist
12 license that is delinquent or has been suspended, revoked, or
13 placed on inactive status;
14 (f) Knowingly employ unlicensed persons in the
15 practice of dispensing hearing aids; or
16 (g) Knowingly conceal information relative to
17 violations of this part.
18 (2) Any person who violates any of the provisions of
19 this section is guilty of a felony of the third degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (3) If a person licensed under this part allows the
22 sale of a hearing aid by an unlicensed person not registered
23 as a trainee or fails to comply with the requirements of s.
24 484.0445(2) relating to supervision of trainees, the board
25 shall, upon determination of that violation, order the full
26 refund of moneys paid by the purchaser upon return of the
27 hearing aid to the seller's place of business.
28 Section 40. Subsection (1) of section 457.102, Florida
29 Statutes, is amended to read:
30 457.102 Definitions.--As used in this chapter:
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1 (1) "Acupuncture" means a form of primary health care,
2 based on traditional Chinese medical concepts and modern
3 oriental medical techniques, that employs acupuncture
4 diagnosis and treatment, as well as adjunctive therapies and
5 diagnostic techniques, for the promotion, maintenance, and
6 restoration of health and the prevention of disease.
7 Acupuncture shall include, but not be limited to, the
8 insertion of acupuncture needles and the application of
9 moxibustion to specific areas of the human body and the use of
10 electroacupuncture, Qi Gong, oriental massage, herbal therapy,
11 dietary guidelines, and other adjunctive therapies, as defined
12 by board rule.
13 Section 41. Section 457.105, Florida Statutes, is
14 amended to read:
15 457.105 Licensure qualifications and fees.--
16 (1) It is unlawful for any person to practice
17 acupuncture in this state unless such person has been licensed
18 by the board, is in a board-approved course of study, or is
19 otherwise exempted by this chapter.
20 (2) A person may become licensed to practice
21 acupuncture if the person applies to the department and:
22 (a) Is 21 18 years of age or older, has good moral
23 character, and has the ability to communicate in English,
24 which is demonstrated by having passed the national written
25 examination in English or, if such examination was passed in a
26 foreign language, by also having passed a nationally
27 recognized English proficiency examination;
28 (b) Has completed 60 college credits from an
29 accredited postsecondary institution as a prerequisite to
30 enrollment in an authorized 3-year course of study in
31 acupuncture and oriental medicine, and has completed a 3-year
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1 course of study in acupuncture and oriental medicine, and
2 effective July 31, 2001, a 4-year course of study in
3 acupuncture and oriental medicine, which meets standards
4 established by the board by rule, which standards include, but
5 are not limited to, successful completion of academic courses
6 in western anatomy, western physiology, western pathology,
7 western biomedical terminology, first aid, and cardiopulmonary
8 resuscitation (CPR). However, any person who enrolled in an
9 authorized course of study in acupuncture before August 1,
10 1997, must have completed only a 2-year course of study which
11 meets standards established by the board by rule, which
12 standards must include, but are not limited to, successful
13 completion of academic courses in western anatomy, western
14 physiology, and western pathology;
15 (c) Has successfully completed a board-approved
16 national certification process, is actively licensed in a
17 state that has examination requirements that are substantially
18 equivalent to or more stringent than those of this state, or
19 passes an examination administered by the department, which
20 examination tests the applicant's competency and knowledge of
21 the practice of acupuncture and oriental medicine. At the
22 request of any applicant, oriental nomenclature for the points
23 shall be used in the examination. The examination shall
24 include a practical examination of the knowledge and skills
25 required to practice modern and traditional acupuncture and
26 oriental medicine, covering diagnostic and treatment
27 techniques and procedures; and
28 (d) Pays the required fees set by the board by rule
29 not to exceed the following amounts:
30 1. Examination fee: $500 plus the actual per applicant
31 cost to the department for purchase of the written and
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1 practical portions of the examination from a national
2 organization approved by the board.
3 2. Application fee: $300.
4 3. Reexamination fee: $500 plus the actual per
5 applicant cost to the department for purchase of the written
6 and practical portions of the examination from a national
7 organization approved by the board.
8 4. Initial biennial licensure fee: $400, if licensed
9 in the first half of the biennium, and $200, if licensed in
10 the second half of the biennium.
11 Section 42. Subsection (1) of section 457.107, Florida
12 Statutes, is amended to read:
13 457.107 Renewal of licenses; continuing education.--
14 (1) The department shall renew a license upon receipt
15 of the renewal application and the fee set by the board by
16 rule, not to exceed $500 $700.
17 Section 43. Paragraph (d) is added to subsection (9)
18 of section 458.347, Florida Statutes, to read:
19 458.347 Physician assistants.--
20 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
21 Physician Assistants is created within the department.
22 (a) The council shall consist of five members
23 appointed as follows:
24 1. The chairperson of the Board of Medicine shall
25 appoint three members who are physicians and members of the
26 Board of Medicine. One of the physicians must supervise a
27 physician assistant in the physician's practice.
28 2. The chairperson of the Board of Osteopathic
29 Medicine shall appoint one member who is a physician and a
30 member of the Board of Osteopathic Medicine.
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1 3. The secretary of the department or his or her
2 designee shall appoint a fully licensed physician assistant
3 licensed under this chapter or chapter 459.
4 (b) Two of the members appointed to the council must
5 be physicians who supervise physician assistants in their
6 practice. Members shall be appointed to terms of 4 years,
7 except that of the initial appointments, two members shall be
8 appointed to terms of 2 years, two members shall be appointed
9 to terms of 3 years, and one member shall be appointed to a
10 term of 4 years, as established by rule of the boards.
11 Council members may not serve more than two consecutive terms.
12 The council shall annually elect a chairperson from among its
13 members.
14 (c) The council shall:
15 1. Recommend to the department the licensure of
16 physician assistants.
17 2. Develop all rules regulating the use of physician
18 assistants by physicians under this chapter and chapter 459,
19 except for rules relating to the formulary developed under
20 paragraph (4)(f). The council shall also develop rules to
21 ensure that the continuity of supervision is maintained in
22 each practice setting. The boards shall consider adopting a
23 proposed rule developed by the council at the regularly
24 scheduled meeting immediately following the submission of the
25 proposed rule by the council. A proposed rule submitted by
26 the council may not be adopted by either board unless both
27 boards have accepted and approved the identical language
28 contained in the proposed rule. The language of all proposed
29 rules submitted by the council must be approved by both boards
30 pursuant to each respective board's guidelines and standards
31 regarding the adoption of proposed rules. If either board
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1 rejects the council's proposed rule, that board must specify
2 its objection to the council with particularity and include
3 any recommendations it may have for the modification of the
4 proposed rule.
5 3. Make recommendations to the boards regarding all
6 matters relating to physician assistants.
7 4. Address concerns and problems of practicing
8 physician assistants in order to improve safety in the
9 clinical practices of licensed physician assistants.
10 (d) When the Council finds that an applicant for
11 licensure has failed to meet, to the Council's satisfaction,
12 each of the requirements for licensure set forth in this
13 section, the Council may enter an order to:
14 1. Refuse to certify the applicant for licensure;
15 2. Approve the applicant for licensure with
16 restrictions on the scope of practice or license; or
17 3. Approve the applicant for conditional licensure.
18 Such conditions may include placement of the licensee on
19 probation for a period of time and subject to such conditions
20 as the Council may specify, including but not limited to,
21 requiring the licensee to undergo treatment, to attend
22 continuing education courses, to work under the direct
23 supervision of a physician licensed in this state, or to take
24 corrective action.
25 Section 44. Paragraph (d) is added to subsection (9)
26 of section 459.022, Florida Statutes, to read:
27 459.022 Physician assistants.--
28 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
29 Physician Assistants is created within the department.
30 (a) The council shall consist of five members
31 appointed as follows:
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1 1. The chairperson of the Board of Medicine shall
2 appoint three members who are physicians and members of the
3 Board of Medicine. One of the physicians must supervise a
4 physician assistant in the physician's practice.
5 2. The chairperson of the Board of Osteopathic
6 Medicine shall appoint one member who is a physician and a
7 member of the Board of Osteopathic Medicine.
8 3. The secretary of the department or her or his
9 designee shall appoint a fully licensed physician assistant
10 licensed under chapter 458 or this chapter.
11 (b) Two of the members appointed to the council must
12 be physicians who supervise physician assistants in their
13 practice. Members shall be appointed to terms of 4 years,
14 except that of the initial appointments, two members shall be
15 appointed to terms of 2 years, two members shall be appointed
16 to terms of 3 years, and one member shall be appointed to a
17 term of 4 years, as established by rule of the boards.
18 Council members may not serve more than two consecutive terms.
19 The council shall annually elect a chairperson from among its
20 members.
21 (c) The council shall:
22 1. Recommend to the department the licensure of
23 physician assistants.
24 2. Develop all rules regulating the use of physician
25 assistants by physicians under chapter 458 and this chapter,
26 except for rules relating to the formulary developed under s.
27 458.347(4)(f). The council shall also develop rules to ensure
28 that the continuity of supervision is maintained in each
29 practice setting. The boards shall consider adopting a
30 proposed rule developed by the council at the regularly
31 scheduled meeting immediately following the submission of the
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1 proposed rule by the council. A proposed rule submitted by
2 the council may not be adopted by either board unless both
3 boards have accepted and approved the identical language
4 contained in the proposed rule. The language of all proposed
5 rules submitted by the council must be approved by both boards
6 pursuant to each respective board's guidelines and standards
7 regarding the adoption of proposed rules. If either board
8 rejects the council's proposed rule, that board must specify
9 its objection to the council with particularity and include
10 any recommendations it may have for the modification of the
11 proposed rule.
12 3. Make recommendations to the boards regarding all
13 matters relating to physician assistants.
14 4. Address concerns and problems of practicing
15 physician assistants in order to improve safety in the
16 clinical practices of licensed physician assistants.
17 (d) When the Council finds that an applicant for
18 licensure has failed to meet, to the Council's satisfaction,
19 each of the requirements for licensure set forth in this
20 section, the Council may enter an order to:
21 1. Refuse to certify the applicant for licensure;
22 2. Approve the applicant for licensure with
23 restrictions on the scope of practice or license; or
24 3. Approve the applicant for conditional licensure.
25 Such conditions may include placement of the licensee on
26 probation for a period of time and subject to such conditions
27 as the Council may specify, including but not limited to,
28 requiring the licensee to undergo treatment, to attend
29 continuing education courses, to work under the direct
30 supervision of a physician licensed in this state, or to take
31 corrective action.
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1 Section 45. Section 483.824, Florida Statutes, is
2 amended to read:
3 483.824 Qualifications of clinical laboratory
4 director.--A clinical laboratory director must have 4 years of
5 clinical laboratory experience with 2 years of experience in
6 the specialty to be directed or be nationally board certified
7 in the specialty to be directed, and must meet one of the
8 following requirements:
9 (1) Be a physician licensed under chapter 458 or
10 chapter 459;
11 (2) Hold an earned doctoral degree in a chemical,
12 physical, or biological science from a regionally accredited
13 institution and maintain national certification requirements
14 equal to those required by the federal Health Care Financing
15 Administration be nationally certified; or
16 (3) For the subspecialty of oral pathology, be a
17 physician licensed under chapter 458 or chapter 459 or a
18 dentist licensed under chapter 466.
19 Section 46. February 6th of each year is designated
20 Florida Alzheimer's Disease Day.
21 Section 47. Subsection (5) is added to section
22 401.252, Florida Statutes, to read:
23 401.252 Interfacility transfer.--
24 (5) A licensed basic or advanced life support provider
25 shall not be required to obtain a certificate of public
26 convenience and necessity from a county, which has a
27 population greater than 1.5 million and is not a
28 constitutional charter county, in order to provide
29 interfacility transfers, nor shall any state license preclude
30 the provision of interfacility transfers so long as the
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1 licensed basic and advanced life support provider meets the
2 requirements of this section.
3 Section 48. This act shall take effect July 1, 2000.
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