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


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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


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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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                                       CS/HB 1659, First Engrossed



  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,


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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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


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                                       CS/HB 1659, First Engrossed



  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


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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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


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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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

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                                       CS/HB 1659, First Engrossed



  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

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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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.

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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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

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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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.--

31


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                                       CS/HB 1659, First Engrossed



  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.

31


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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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:

31


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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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.

31


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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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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                                       CS/HB 1659, First Engrossed



  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

31


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                                       CS/HB 1659, First Engrossed



  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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