House Bill hb1867
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Florida House of Representatives - 2001 HB 1867
By the Committee on Health Regulation and Representatives
Farkas, Harrell, Wishner, Fiorentino and Rubio
1 A bill to be entitled
2 An act relating to health care practitioner
3 regulation; providing legislative intent and
4 findings with respect to the Medical Quality
5 Assurance Trust Fund and function administered
6 by the Department of Health; requiring the
7 Auditor General to do a followup Medical
8 Quality Assurance audit and issue a report to
9 the Legislature; requiring the Office of
10 Program Policy Analysis and Government
11 Accountability to study the feasibility of
12 maintaining the Medical Quality Assurance
13 function within a single department and issue a
14 report to the Legislature; capping indirect
15 costs allowable under contracts the department
16 has with private entity vendors or other state
17 agencies; exempting the Medical Quality
18 Assurance Trust Fund from the general revenue
19 service charge for a specified period; amending
20 s. 456.004, F.S.; providing requirements for
21 rules relating to biennial renewal of licenses;
22 amending s. 456.025, F.S.; revising
23 requirements relating to the setting and use of
24 fees for the regulation of health care
25 professions and practitioners, including
26 continuing education fees; providing for an
27 electronic continuing education tracking
28 system; amending s. 456.065, F.S.; requiring
29 the unlicensed activity fee to be in addition
30 to all other fees collected from each licensee;
31 amending ss. 456.015, 457.105, 457.107,
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1 457.108, 458.311, 458.313, 458.3135, 458.314,
2 458.3145, 458.315, 458.316, 458.3165, 458.317,
3 458.319, 458.345, 458.347, 459.009, 459.0092,
4 459.021, 459.022, 460.406, 460.407, 460.4165,
5 460.4166, 461.006, 461.007, 461.008, 462.08,
6 462.16, 462.19, 463.0057, 463.006, 463.007,
7 463.008, 464.008, 464.009, 464.012, 464.014,
8 464.019, 464.0205, 465.007, 465.008, 465.012,
9 465.0125, 465.0126, 465.0156, 465.022,
10 465.0276, 466.004, 466.006, 466.007, 466.008,
11 466.009, 466.013, 466.015, 466.017, 466.032,
12 467.0125, 467.0135, 468.1145, 468.1695,
13 468.1705, 468.1725, 468.1735, 468.209, 468.211,
14 468.221, 468.357, 468.361, 468.364, 468.508,
15 468.509, 468.513, 468.705, 468.709, 468.803,
16 468.805, 468.806, 478.45, 478.47, 478.50,
17 478.51, 478.55, 480.043, 480.044, 483.807,
18 483.819, 483.901, 484.002, 484.007, 484.008,
19 484.009, 484.0447, 486.041, 486.061, 486.081,
20 486.085, 486.103, 486.106, 486.107, 486.108,
21 490.005, 490.0051, 490.007, 491.0045, 491.0046,
22 491.005, 491.007, 491.008, and 491.0145, F.S.;
23 conforming provisions relating to fees;
24 repealing s. 458.31151, F.S., relating to
25 development of the examination for
26 foreign-trained physicians and the fees
27 therefor; amending s. 456.011, F.S.; requiring
28 board meetings to be conducted through
29 teleconferencing or other technological means
30 except under certain circumstances; amending s.
31 456.013, F.S.; requiring the department to
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1 charge initial license fees; amending s.
2 456.017, F.S.; providing for administration of
3 national examinations and termination of
4 state-administered written examinations;
5 providing for administration of
6 state-administered practical or clinical
7 examinations if paid for in advance by the
8 examination candidates; providing legislative
9 intent with respect to the use of national
10 examinations and the removal of
11 state-administered examinations as a barrier to
12 licensure; providing for electronic access to
13 and posting of examination scores under certain
14 conditions; providing for the sharing of
15 examinations or examination item banks with
16 certain entities; providing for review of
17 questions by legal counsel under certain
18 circumstances; providing for electronic
19 administration of all laws and rules
20 examinations; amending s. 456.035, F.S.;
21 providing for electronic notification of a
22 licensee's current mailing address and place of
23 practice; amending s. 456.036, F.S.; conforming
24 fee provisions; amending s. 456.037, F.S.;
25 including optical establishments and optometry
26 branch offices among provisions relating to
27 active status requirements of business
28 establishments; amending s. 456.073, F.S.;
29 authorizing a letter of guidance in lieu of a
30 finding of probable cause under certain
31 conditions; amending s. 456.081, F.S.;
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1 providing for the posting of newsletters on the
2 department's website; amending s. 456.072,
3 F.S.; revising and providing grounds for
4 discipline of licensees; revising and providing
5 disciplinary actions; amending s. 456.079,
6 F.S.; requiring mitigating or aggravating
7 circumstances to be in the final order to be
8 considered in the imposition of penalties;
9 amending ss. 457.109, 458.320, 458.331,
10 459.0085, 459.015, 460.413, 461.013, 462.14,
11 463.016, 464.018, 465.016, 466.028, 466.037,
12 467.203, 468.1295, 468.1755, 468.217, 468.365,
13 468.518, 468.719, 468.811, 478.52, 480.046,
14 483.825, 483.901, 484.014, 484.056, 486.125,
15 490.009, and 491.009, F.S.; conforming
16 provisions relating to disciplinary actions;
17 repealing s. 483.827, F.S., relating to
18 administrative penalties applicable to clinical
19 laboratory personnel; amending s. 456.074,
20 F.S.; providing for immediate suspension of
21 license for violations relating to fraudulent
22 practices; amending s. 464.005, F.S.; providing
23 for future relocation of the headquarters of
24 the Board of Nursing; providing effective
25 dates.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. It is the intent of the Legislature that
30 the Medical Quality Assurance Trust Fund should be
31 administered in a fiscally responsible manner. It is also the
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1 intent of the Legislature that the Department of Health reduce
2 expenses wherever possible to ensure that the cost of
3 regulation is reasonable and fair and does not serve as a
4 barrier to licensure in this state. The Legislature adopts
5 findings 1, 2, 4, 5, and 8 and all three recommendations of
6 the Auditor General's Medical Quality Assurance Operational
7 Audit Report Number 01-063. In addition, the Legislature
8 adopts recommendations 1, 2, 4, 5, and 7 of the Florida Senate
9 Committee on Fiscal Policy Interim Project Report 2001-016,
10 except where such recommendations require the fees to be set
11 by the boards.
12 Section 2. The Auditor General shall conduct a
13 followup audit to the Medical Quality Assurance Operational
14 Audit Report Number 01-063 to determine if the Department of
15 Health has implemented the recommendations of that report. The
16 Auditor General shall complete the followup audit and issue a
17 report to the President of the Senate and the Speaker of the
18 House of Representatives no later than January 31, 2002.
19 Section 3. The Office of Program Policy Analysis and
20 Government Accountability shall study the feasibility of
21 maintaining the entire Medical Quality Assurance function,
22 including enforcement, within a single department. The study
23 shall be completed and a report issued to the President of the
24 Senate and the Speaker of the House of Representatives no
25 later than November 30, 2001.
26 Section 4. Notwithstanding any other provision of law,
27 if the Department of Health contracts with any private entity
28 vendor or other state agency to perform any duties statutorily
29 under the jurisdiction of the department, the contract shall
30 require that the maximum amount of indirect costs to be paid
31 under the agreement shall not exceed 5 percent of the total
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1 cost, in accordance with s. 216.346, Florida Statutes. This
2 section applies to all contracts in effect on the effective
3 date of this act and all contracts entered into by the
4 department after the effective date of this act.
5 Section 5. Notwithstanding s. 215.20, Florida
6 Statutes, or any other provision of law, the Medical Quality
7 Assurance Trust Fund shall be exempt from the general revenue
8 service charge for fiscal years 2001-2002 and 2002-2003.
9 Section 6. Subsection (1) of section 456.004, Florida
10 Statutes, is amended, and subsection (10) is added to said
11 section, to read:
12 456.004 Department; powers and duties.--The
13 department, for the professions under its jurisdiction, shall:
14 (1) Adopt rules establishing a procedure for the
15 biennial renewal of licenses; however, the department may
16 issue up to a 4-year license to selected licensees
17 notwithstanding any other provisions of law to the contrary.
18 The rules shall include the renewal fees for each profession,
19 the expiration dates of licenses, and the process for tracking
20 compliance with continuing education requirements, financial
21 responsibility requirements, and any other conditions of
22 renewal set forth in statute or rule. Fees for such renewal
23 shall not exceed the fee caps for individual professions on an
24 annualized basis as authorized by law.
25 (10) Set fees, in accordance with s. 456.025, for
26 application, examination, reexamination, initial licensure,
27 licensure renewal, or other purpose required by law. The
28 examination fee shall include all costs to develop, validate,
29 administer, and defend the examination and shall be defined as
30 an amount certain to cover all administrative costs plus the
31 actual per applicant cost of the examination.
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1 Section 7. Section 456.025, Florida Statutes, is
2 amended to read:
3 456.025 Fees; receipts; disposition.--
4 (1) It is the intent of the Legislature that all costs
5 of regulating health care professions and practitioners shall
6 be borne solely by licensees and licensure applicants. It is
7 also the intent of the Legislature that fees should be
8 reasonable and not serve as a barrier to licensure. Moreover,
9 it is the intent of the Legislature that the department
10 operate as efficiently as possible and regularly report to the
11 Legislature additional methods to streamline operational
12 costs. Therefore, the department shall set fees in
13 consultation with the boards every 2 years for the professions
14 regulated by the Division of Medical Quality Assurance. The
15 fees shall be based on revenue projections prepared by the
16 department using generally accepted accounting procedures and
17 shall be adequate to cover all anticipated costs and to
18 maintain a reasonable cash balance. In setting the fees, the
19 department shall calculate the anticipated costs and revenues
20 based on the following categories of licensees:
21 (a) Allopathic physicians, osteopathic physicians,
22 chiropractic physicians, podiatric physicians, naturopaths,
23 optometrists, psychologists, dentists, and acupuncturists.
24 (b) Pharmacists, physician assistants, advanced
25 registered nurse practitioners, clinical laboratory directors,
26 medical physicists, nursing home administrators, midwives,
27 orthotists, prosthetists, pedorthists, speech-language
28 pathologists, audiologists, certified master social workers,
29 clinical social workers, marriage and family therapists, and
30 mental health counselors.
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1 (c) Respiratory therapists, physical therapists,
2 occupational therapists, athletic trainers, dental hygienists,
3 electrologists, dieticians, nutritional counselors, hearing
4 aid specialists, massage therapists, opticians, non-director
5 clinical laboratory personnel, and school psychologists.
6 (d) Nurses, chiropractic physician assistants,
7 physical therapy assistants, and all other licensed health
8 care practitioners not otherwise specified in this subsection.
9 (e) Pharmacies, dental laboratories, electrolysis
10 facilities, massage establishments, optical establishments,
11 optometry branch offices, and all other licensed health care
12 establishments not otherwise specified in this subsection.
13 (1) Each board within the jurisdiction of the
14 department, or the department when there is no board, shall
15 determine by rule the amount of license fees for the
16 profession it regulates, based upon long-range estimates
17 prepared by the department of the revenue required to
18 implement laws relating to the regulation of professions by
19 the department and the board. Each board, or the department
20 if there is no board, shall ensure that license fees are
21 adequate to cover all anticipated costs and to maintain a
22 reasonable cash balance, as determined by rule of the agency,
23 with advice of the applicable board. If sufficient action is
24 not taken by a board within 1 year after notification by the
25 department that license fees are projected to be inadequate,
26 the department shall set license fees on behalf of the
27 applicable board to cover anticipated costs and to maintain
28 the required cash balance. The department shall include
29 recommended fee cap increases in its annual report to the
30 Legislature. Further, it is the legislative intent that no
31 regulated profession operate with a negative cash balance. The
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1 department may provide by rule for advancing sufficient funds
2 to any profession operating with a negative cash balance. The
3 advancement may be for a period not to exceed 2 consecutive
4 years, and the regulated profession must pay interest.
5 Interest shall be calculated at the current rate earned on
6 investments of a trust fund used by the department to
7 implement this chapter. Interest earned shall be allocated to
8 the various funds in accordance with the allocation of
9 investment earnings during the period of the advance.
10 (2) Each board, or the department if there is no
11 board, may charge a fee not to exceed $25, as determined by
12 rule, for the issuance of a wall certificate pursuant to s.
13 456.013(2) requested by a licensee who was licensed prior to
14 July 1, 1998, or for the issuance of a duplicate wall
15 certificate requested by any licensee.
16 (3) Each board, or The department if there is no
17 board, may, by rule, assess and collect a one-time fee from
18 each active status licensee and each inactive status licensee
19 in an amount necessary to eliminate a cash deficit or, if
20 there is not a cash deficit, in an amount sufficient to
21 maintain the financial integrity of the professions as
22 required in this section. Not more than one such assessment
23 may be made in any 4-year period without specific legislative
24 authorization.
25 (4) If the cash balance of the trust fund at the end
26 of any fiscal year exceeds the appropriation provided for the
27 regulation of the health care professions in the prior fiscal
28 year, the department shall lower the fees imposed pursuant to
29 this section.
30 (5)(4) Each board authorized to approve continuing
31 education providers, or the department if there is no board,
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1 shall may establish, by rule, a fee not to exceed $250 for
2 anyone seeking approval to provide continuing education
3 courses or programs and shall may establish by rule a biennial
4 renewal fee not to exceed $250 for the renewal of providership
5 of such courses. The fees collected from continuing education
6 providers shall be used for the purposes of reviewing course
7 provider applications, monitoring the integrity of the courses
8 provided, covering legal expenses incurred as a result of not
9 granting or renewing a providership, and developing and
10 maintaining an electronic continuing education tracking
11 system. The department shall implement an electronic
12 continuing education tracking system for each new biennial
13 renewal cycle after the effective date of this act and shall
14 integrate such system into the licensure and renewal system.
15 All approved continuing education providers shall provide
16 information on course attendance to the department necessary
17 to implement the electronic tracking system. The department
18 shall, by rule, specify the form and procedures by which the
19 information is to be submitted. This subsection does not apply
20 to continuing education courses or providers approved by the
21 board under chapter 465.
22 (6)(5) All moneys collected by the department from
23 fees or fines or from costs awarded to the agency by a court
24 shall be paid into a trust fund used by the department to
25 implement this chapter. The Legislature shall appropriate
26 funds from this trust fund sufficient to carry out this
27 chapter and the provisions of law with respect to professions
28 regulated by the Division of Medical Quality Assurance within
29 the department and the boards. The department may contract
30 with public and private entities to receive and deposit
31 revenue pursuant to this section. The department shall
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1 maintain separate accounts in the trust fund used by the
2 department to implement this chapter for every profession
3 within the department. To the maximum extent possible, the
4 department shall directly charge all expenses to the account
5 of each regulated profession. For the purpose of this
6 subsection, direct charge expenses include, but are not
7 limited to, costs for investigations, examinations, and legal
8 services. For expenses that cannot be charged directly, the
9 department shall provide for the proportionate allocation
10 among the accounts of expenses incurred by the department in
11 the performance of its duties with respect to each regulated
12 profession. The regulation by the department of professions,
13 as defined in this chapter, shall be financed solely from
14 revenue collected by it from fees and other charges and
15 deposited in the Medical Quality Assurance Trust Fund, and all
16 such revenue is hereby appropriated to the department.
17 However, it is legislative intent that each profession shall
18 operate within its anticipated fees. The department may not
19 expend funds from the account of a profession to pay for the
20 expenses incurred on behalf of another profession, except that
21 the Board of Nursing must pay for any costs incurred in the
22 regulation of certified nursing assistants. The department
23 shall maintain adequate records to support its allocation of
24 agency expenses. The department shall provide any board with
25 reasonable access to these records upon request. On or before
26 September 1 of each year, the department shall provide each
27 board an annual report of revenue and direct and allocated
28 expenses related to the operation of that profession. The
29 board shall use these reports and the department's adopted
30 long-range plan to determine the amount of license fees. A
31 condensed version of this information, with the department's
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1 recommendations, shall be included in the annual report to the
2 Legislature prepared under s. 456.026.
3 (7)(6) The department shall provide a condensed
4 management report of budgets, finances, performance
5 statistics, and recommendations to each board at least once a
6 quarter. The department shall identify and include in such
7 presentations any changes, or projected changes, made to the
8 board's budget since the last presentation.
9 (8)(7) If a duplicate license is required or requested
10 by the licensee, the board or, if there is no board, the
11 department may charge a fee as determined by rule not to
12 exceed $25 before issuance of the duplicate license.
13 (9)(8) The department or the appropriate board shall
14 charge a fee not to exceed $25 for the certification of a
15 public record. The fee shall be determined by rule of the
16 department. The department or the appropriate board shall
17 assess a fee for duplicating a public record as provided in s.
18 119.07(1)(a) and (b).
19 Section 8. Subsection (3) of section 456.065, Florida
20 Statutes, is amended to read:
21 456.065 Unlicensed practice of a health care
22 profession; intent; cease and desist notice; penalties;
23 enforcement; citations; fees; allocation and disposition of
24 moneys collected.--
25 (3) Because all enforcement costs should be covered by
26 professions regulated by the department, the department shall
27 impose, upon initial licensure and each licensure renewal, a
28 special fee of $5 per licensee to fund efforts to combat
29 unlicensed activity. Such fee shall be in addition to all
30 other fees collected from each licensee. The board, with
31 concurrence of the department, or the department when there is
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1 no board, may earmark $5 of the current licensure fee for this
2 purpose, if such board, or profession regulated by the
3 department, is not in a deficit and has a reasonable cash
4 balance. The department shall make direct charges to the
5 Medical Quality Assurance Trust Fund by profession. The
6 department shall seek board advice regarding enforcement
7 methods and strategies. The department shall directly credit
8 the Medical Quality Assurance Trust Fund, by profession, with
9 the revenues received from the department's efforts to enforce
10 licensure provisions. The department shall include all
11 financial and statistical data resulting from unlicensed
12 activity enforcement as a separate category in the quarterly
13 management report provided for in s. 456.025. For an
14 unlicensed activity account, a balance which remains at the
15 end of a renewal cycle may, with concurrence of the applicable
16 board and the department, be transferred to the operating fund
17 account of that profession. The department shall also use
18 these funds to inform and educate consumers generally on the
19 importance of using licensed health care practitioners.
20 Section 9. Subsection (2) of section 456.015, Florida
21 Statutes, is amended to read:
22 456.015 Limited licenses.--
23 (2) Any person desiring to obtain a limited license,
24 when permitted by rule, shall submit to the board, or the
25 department when there is no board, an application and fee set
26 by the department, not to exceed $300, and an affidavit
27 stating that the applicant has been licensed to practice in
28 any jurisdiction in the United States for at least 10 years in
29 the profession for which the applicant seeks a limited
30 license. The affidavit shall also state that the applicant has
31 retired or intends to retire from the practice of that
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1 profession and intends to practice only pursuant to the
2 restrictions of the limited license granted pursuant to this
3 section. If the applicant for a limited license submits a
4 notarized statement from the employer stating that the
5 applicant will not receive monetary compensation for any
6 service involving the practice of her or his profession, the
7 application and all licensure fees shall be waived.
8 Section 10. Subsection (2) of section 457.105, Florida
9 Statutes, is amended to read:
10 457.105 Licensure qualifications and fees.--
11 (2) A person may become licensed to practice
12 acupuncture if the person applies to the department and:
13 (a) Is 21 years of age or older, has good moral
14 character, and has the ability to communicate in English,
15 which is demonstrated by having passed the national written
16 examination in English or, if such examination was passed in a
17 foreign language, by also having passed a nationally
18 recognized English proficiency examination;
19 (b) Has completed 60 college credits from an
20 accredited postsecondary institution as a prerequisite to
21 enrollment in an authorized 3-year course of study in
22 acupuncture and oriental medicine, and has completed a 3-year
23 course of study in acupuncture and oriental medicine, and
24 effective July 31, 2001, a 4-year course of study in
25 acupuncture and oriental medicine, which meets standards
26 established by the board by rule, which standards include, but
27 are not limited to, successful completion of academic courses
28 in western anatomy, western physiology, western pathology,
29 western biomedical terminology, first aid, and cardiopulmonary
30 resuscitation (CPR). However, any person who enrolled in an
31 authorized course of study in acupuncture before August 1,
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1 1997, must have completed only a 2-year course of study which
2 meets standards established by the board by rule, which
3 standards must include, but are not limited to, successful
4 completion of academic courses in western anatomy, western
5 physiology, and western pathology;
6 (c) Has successfully completed a board-approved
7 national certification process, is actively licensed in a
8 state that has examination requirements that are substantially
9 equivalent to or more stringent than those of this state, or
10 passes an examination administered by the department, which
11 examination tests the applicant's competency and knowledge of
12 the practice of acupuncture and oriental medicine. At the
13 request of any applicant, oriental nomenclature for the points
14 shall be used in the examination. The examination shall
15 include a practical examination of the knowledge and skills
16 required to practice modern and traditional acupuncture and
17 oriental medicine, covering diagnostic and treatment
18 techniques and procedures; and
19 (d) Pays the required fees. set by the board by rule
20 not to exceed the following amounts:
21 1. Examination fee: $500 plus the actual per applicant
22 cost to the department for purchase of the written and
23 practical portions of the examination from a national
24 organization approved by the board.
25 2. Application fee: $300.
26 3. Reexamination fee: $500 plus the actual per
27 applicant cost to the department for purchase of the written
28 and practical portions of the examination from a national
29 organization approved by the board.
30
31
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1 4. Initial biennial licensure fee: $400, if licensed
2 in the first half of the biennium, and $200, if licensed in
3 the second half of the biennium.
4 Section 11. Subsections (1) and (3) of section
5 457.107, Florida Statutes, are amended to read:
6 457.107 Renewal of licenses; continuing education.--
7 (1) The department shall renew a license upon receipt
8 of the renewal application and the required fee set by the
9 board by rule, not to exceed $500.
10 (3) The board shall by rule prescribe continuing
11 education requirements, not to exceed 30 hours biennially, as
12 a condition for renewal of a license. All education programs
13 that contribute to the advancement, extension, or enhancement
14 of professional skills and knowledge related to the practice
15 of acupuncture, whether conducted by a nonprofit or
16 profitmaking entity, are eligible for approval. The continuing
17 professional education requirements must be in acupuncture or
18 oriental medicine subjects, including, but not limited to,
19 anatomy, biological sciences, adjunctive therapies, sanitation
20 and sterilization, emergency protocols, and diseases. The
21 board shall have the authority to set a fee, not to exceed
22 $100, for each continuing education provider. The licensee
23 shall retain in his or her records the certificates of
24 completion of continuing professional education requirements
25 to prove compliance with this subsection. The board may
26 request such documentation without cause from applicants who
27 are selected at random. All national and state acupuncture and
28 oriental medicine organizations and acupuncture and oriental
29 medicine schools are approved to provide continuing
30 professional education in accordance with this subsection.
31
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1 Section 12. Subsection (2) of section 457.108, Florida
2 Statutes, is amended to read:
3 457.108 Inactive status; expiration; reactivation of
4 licenses.--
5 (2) The board shall adopt rules relating to
6 application procedures for inactive status, renewal of
7 inactive licenses, and reactivation of licenses. The
8 department board shall prescribe by rule an application fee
9 for inactive status, a renewal fee for inactive status, a
10 delinquency fee, and a fee for the reactivation of a license.
11 None of these fees may exceed the biennial renewal fee
12 established by the board for an active license.
13 Section 13. Paragraph (a) of subsection (1) of section
14 458.311, Florida Statutes, is amended to read:
15 458.311 Licensure by examination; requirements;
16 fees.--
17 (1) Any person desiring to be licensed as a physician,
18 who does not hold a valid license in any state, shall apply to
19 the department on forms furnished by the department. The
20 department shall license each applicant who the board
21 certifies:
22 (a) Has completed the application form and remitted
23 the a nonrefundable application fee not to exceed $500.
24 Section 14. Section 458.31151, Florida Statutes, is
25 repealed.
26 Section 15. Subsection (1) of section 458.313, Florida
27 Statutes, is amended to read:
28 458.313 Licensure by endorsement; requirements;
29 fees.--
30 (1) The department shall issue a license by
31 endorsement to any applicant who, upon applying to the
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1 department on forms furnished by the department and remitting
2 the appropriate a fee set by the board not to exceed $500, the
3 board certifies:
4 (a) Has met the qualifications for licensure in s.
5 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);
6 (b) Prior to January 1, 2000, has obtained a passing
7 score, as established by rule of the board, on the licensure
8 examination of the Federation of State Medical Boards of the
9 United States, Inc. (FLEX), on the United States Medical
10 Licensing Examination (USMLE), or on the examination of the
11 National Board of Medical Examiners, or on a combination
12 thereof, and on or after January 1, 2000, has obtained a
13 passing score on the United States Medical Licensing
14 Examination (USMLE); and
15 (c) Has submitted evidence of the active licensed
16 practice of medicine in another jurisdiction, for at least 2
17 of the immediately preceding 4 years, or evidence of
18 successful completion of either a board-approved postgraduate
19 training program within 2 years preceding filing of an
20 application or a board-approved clinical competency
21 examination within the year preceding the filing of an
22 application for licensure. For purposes of this paragraph,
23 "active licensed practice of medicine" means that practice of
24 medicine by physicians, including those employed by any
25 governmental entity in community or public health, as defined
26 by this chapter, medical directors under s. 641.495(11) who
27 are practicing medicine, and those on the active teaching
28 faculty of an accredited medical school.
29 Section 16. Subsection (2) of section 458.3135,
30 Florida Statutes, is amended to read:
31
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1 458.3135 Temporary certificate for visiting physicians
2 to practice in approved cancer centers.--
3 (2) A temporary certificate for practice in an
4 approved cancer center may be issued without examination to an
5 individual who:
6 (a) Is a graduate of an accredited medical school or
7 its equivalent, or is a graduate of a foreign medical school
8 listed with the World Health Organization;
9 (b) Holds a valid and unencumbered license to practice
10 medicine in another country;
11 (c) Has completed the application form adopted by the
12 board and remitted the a nonrefundable application fee not to
13 exceed $300;
14 (d) Has not committed any act in this or any other
15 jurisdiction which would constitute the basis for disciplining
16 a physician under s. 455.624 or s. 458.331;
17 (e) Meets the financial responsibility requirements of
18 s. 458.320; and
19 (f) Has been accepted for a course of training by a
20 cancer center approved by the board.
21 Section 17. Subsections (6) and (7) of section
22 458.314, Florida Statutes, are amended to read:
23 458.314 Certification of foreign educational
24 institutions.--
25 (6) A school shall pay a registration fee established
26 by rule of the department, not to exceed $1,000, at the time
27 of application for certification and shall pay all reasonable
28 costs and expenses the department expects to incur, in an
29 amount not to exceed $40,000, for the conduct of the
30 certification survey.
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1 (7) The department shall renew a certification upon
2 receipt of a renewal application from an institution and a fee
3 set by the department not to exceed $500. Each fully
4 certified institution shall provide a renewal application
5 every 7 years. Any certification which is not renewed shall
6 expire.
7 Section 18. Subsections (1) and (6) of section
8 458.3145, Florida Statutes, are amended to read:
9 458.3145 Medical faculty certificate.--
10 (1) A medical faculty certificate may be issued
11 without examination to an individual who:
12 (a) Is a graduate of an accredited medical school or
13 its equivalent, or is a graduate of a foreign medical school
14 listed with the World Health Organization;
15 (b) Holds a valid, current license to practice
16 medicine in another jurisdiction;
17 (c) Has completed the application form and remitted
18 the a nonrefundable application fee not to exceed $500;
19 (d) Has completed an approved residency or fellowship
20 of at least 1 year or has received training which has been
21 determined by the board to be equivalent to the 1-year
22 residency requirement;
23 (e) Is at least 21 years of age;
24 (f) Is of good moral character;
25 (g) Has not committed any act in this or any other
26 jurisdiction which would constitute the basis for disciplining
27 a physician under s. 458.331;
28 (h) For any applicant who has graduated from medical
29 school after October 1, 1992, has completed, before entering
30 medical school, the equivalent of 2 academic years of
31 preprofessional, postsecondary education, as determined by
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1 rule of the board, which must include, at a minimum, courses
2 in such fields as anatomy, biology, and chemistry; and
3 (i) Has been offered and has accepted a full-time
4 faculty appointment to teach in a program of medicine at:
5 1. The University of Florida,
6 2. The University of Miami,
7 3. The University of South Florida,
8 4. The Florida State University, or
9 5. The Mayo Medical School at the Mayo Clinic in
10 Jacksonville, Florida.
11 (6) Notwithstanding subsection (1), any physician,
12 when providing medical care or treatment in connection with
13 the education of students, residents, or faculty at the
14 request of the dean of an accredited medical school within
15 this state or at the request of the medical director of a
16 statutory teaching hospital as defined in s. 408.07, may do so
17 upon registration with the board and demonstration of
18 financial responsibility pursuant to s. 458.320(1) or (2)
19 unless such physician is exempt under s. 458.320(5)(a). The
20 performance of such medical care or treatment must be limited
21 to a single period of time, which may not exceed 180
22 consecutive days, and must be rendered within a facility
23 registered under subsection (2) or within a statutory teaching
24 hospital as defined in s. 408.07. A registration fee not to
25 exceed $300, as set by the department board, is required of
26 each physician registered under this subsection. However, no
27 more than three physicians per year per institution may be
28 registered under this subsection, and an exemption under this
29 subsection may not be granted to a physician more than once in
30 any given 5-year period.
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1 Section 19. Section 458.315, Florida Statutes, is
2 amended to read:
3 458.315 Temporary certificate for practice in areas of
4 critical need.--Any physician who is licensed to practice in
5 any other state, whose license is currently valid, and who
6 pays the an application fee of $300 may be issued a temporary
7 certificate to practice in communities of Florida where there
8 is a critical need for physicians. A certificate may be
9 issued to a physician who will be employed by a county health
10 department, correctional facility, community health center
11 funded by s. 329, s. 330, or s. 340 of the United States
12 Public Health Services Act, or other entity that provides
13 health care to indigents and that is approved by the State
14 Health Officer. The Board of Medicine may issue this
15 temporary certificate with the following restrictions:
16 (1) The board shall determine the areas of critical
17 need, and the physician so certified may practice in any of
18 those areas for a time to be determined by the board. Such
19 areas shall include, but not be limited to, health
20 professional shortage areas designated by the United States
21 Department of Health and Human Services.
22 (a) A recipient of a temporary certificate for
23 practice in areas of critical need may use the license to work
24 for any approved employer in any area of critical need
25 approved by the board.
26 (b) The recipient of a temporary certificate for
27 practice in areas of critical need shall, within 30 days after
28 accepting employment, notify the board of all approved
29 institutions in which the licensee practices and of all
30 approved institutions where practice privileges have been
31 denied.
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1 (2) The board may administer an abbreviated oral
2 examination to determine the physician's competency, but no
3 written regular examination is necessary.
4 (3) Any certificate issued under this section shall be
5 valid only so long as the area for which it is issued remains
6 an area of critical need. The Board of Medicine shall review
7 the service within said area not less than annually to
8 ascertain that the minimum requirements of the Medical
9 Practice Act and the rules and regulations promulgated
10 thereunder are being complied with. If it is determined that
11 such minimum requirements are not being met, the board shall
12 forthwith revoke such certificate.
13 (4) The board shall not issue a temporary certificate
14 for practice in an area of critical need to any physician who
15 is under investigation in another state for an act which would
16 constitute a violation of this chapter until such time as the
17 investigation is complete, at which time the provisions of s.
18 458.331 shall apply.
19 (5) The application fee and all licensure fees,
20 including neurological injury compensation assessments, shall
21 be waived for those persons obtaining a temporary certificate
22 to practice in areas of critical need for the purpose of
23 providing volunteer, uncompensated care for low-income
24 Floridians. The applicant must submit an affidavit from the
25 employing agency or institution stating that the physician
26 will not receive any compensation for any service involving
27 the practice of medicine.
28 Section 20. Subsection (1) of section 458.316, Florida
29 Statutes, is amended to read:
30 458.316 Public health certificate.--
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1 (1) Any person desiring to obtain a public health
2 certificate shall submit the an application fee not to exceed
3 $300 and shall demonstrate to the board that he or she is a
4 graduate of an accredited medical school and holds a master of
5 public health degree or is board eligible or certified in
6 public health or preventive medicine, or is licensed to
7 practice medicine without restriction in another jurisdiction
8 in the United States and holds a master of public health
9 degree or is board eligible or certified in public health or
10 preventive medicine, and shall meet the requirements in s.
11 458.311(1)(a)-(g) and (5).
12 Section 21. Section 458.3165, Florida Statutes, is
13 amended to read:
14 458.3165 Public psychiatry certificate.--The board
15 shall issue a public psychiatry certificate to an individual
16 who remits the an application fee not to exceed $300, as set
17 by the board, who is a board-certified psychiatrist, who is
18 licensed to practice medicine without restriction in another
19 state, and who meets the requirements in s. 458.311(1)(a)-(g)
20 and (5). A recipient of a public psychiatry certificate may
21 use the certificate to work at any public mental health
22 facility or program funded in part or entirely by state funds.
23 (1) Such certificate shall:
24 (a) Authorize the holder to practice only in a public
25 mental health facility or program funded in part or entirely
26 by state funds.
27 (b) Be issued and renewable biennially if the
28 secretary of the Department of Health and the chair of the
29 department of psychiatry at one of the public medical schools
30 or the chair of the department of psychiatry at the accredited
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1 medical school at the University of Miami recommend in writing
2 that the certificate be issued or renewed.
3 (c) Automatically expire if the holder's relationship
4 with a public mental health facility or program expires.
5 (d) Not be issued to a person who has been adjudged
6 unqualified or guilty of any of the prohibited acts in this
7 chapter.
8 (2) The board may take disciplinary action against a
9 certificateholder for noncompliance with any part of this
10 section or for any reason for which a regular licensee may be
11 subject to discipline.
12 Section 22. Paragraph (a) of subsection (1) of section
13 458.317, Florida Statutes, is amended to read:
14 458.317 Limited licenses.--
15 (1)(a) Any person desiring to obtain a limited license
16 shall:
17 1. Submit to the board, with the an application and
18 fee not to exceed $300, an affidavit stating that he or she
19 has been licensed to practice medicine in any jurisdiction in
20 the United States for at least 10 years and intends to
21 practice only pursuant to the restrictions of a limited
22 license granted pursuant to this section. However, a
23 physician who is not fully retired in all jurisdictions may
24 use a limited license only for noncompensated practice. If the
25 person applying for a limited license submits a notarized
26 statement from the employing agency or institution stating
27 that he or she will not receive compensation for any service
28 involving the practice of medicine, the application fee and
29 all licensure fees shall be waived. However, any person who
30 receives a waiver of fees for a limited license shall pay such
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1 fees if the person receives compensation for the practice of
2 medicine.
3 2. Meet the requirements in s. 458.311(1)(b)-(g) and
4 (5). If the applicant graduated from medical school prior to
5 1946, the board or its appropriate committee may accept
6 military medical training or medical experience as a
7 substitute for the approved 1-year residency requirement in s.
8 458.311(1)(f).
9
10 Nothing herein limits in any way any policy by the board,
11 otherwise authorized by law, to grant licenses to physicians
12 duly licensed in other states under conditions less
13 restrictive than the requirements of this section.
14 Notwithstanding the other provisions of this section, the
15 board may refuse to authorize a physician otherwise qualified
16 to practice in the employ of any agency or institution
17 otherwise qualified if the agency or institution has caused or
18 permitted violations of the provisions of this chapter which
19 it knew or should have known were occurring.
20 Section 23. Subsection (1) and paragraph (b) of
21 subsection (5) of section 458.319, Florida Statutes, are
22 amended to read:
23 458.319 Renewal of license.--
24 (1) The department shall renew a license upon receipt
25 of the renewal application, evidence that the applicant has
26 actively practiced medicine or has been on the active teaching
27 faculty of an accredited medical school for at least 2 years
28 of the immediately preceding 4 years, and the appropriate a
29 fee not to exceed $500; provided, however, that if the
30 licensee is either a resident physician, assistant resident
31 physician, fellow, house physician, or intern in an approved
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1 postgraduate training program, as defined by the board by
2 rule, the fee shall not exceed $100 per annum. If the
3 licensee has not actively practiced medicine for at least 2
4 years of the immediately preceding 4 years, the board shall
5 require that the licensee successfully complete a
6 board-approved clinical competency examination prior to
7 renewal of the license. "Actively practiced medicine" means
8 that practice of medicine by physicians, including those
9 employed by any governmental entity in community or public
10 health, as defined by this chapter, including physicians
11 practicing administrative medicine. An applicant for a renewed
12 license must also submit the information required under s.
13 456.039 to the department on a form and under procedures
14 specified by the department, along with payment in an amount
15 equal to the costs incurred by the Department of Health for
16 the statewide criminal background check of the applicant. The
17 applicant must submit a set of fingerprints to the Department
18 of Health on a form and under procedures specified by the
19 department, along with payment in an amount equal to the costs
20 incurred by the department for a national criminal background
21 check of the applicant for the initial renewal of his or her
22 license after January 1, 2000. If the applicant fails to
23 submit either the information required under s. 456.039 or a
24 set of fingerprints to the department as required by this
25 section, the department shall issue a notice of noncompliance,
26 and the applicant will be given 30 additional days to comply.
27 If the applicant fails to comply within 30 days after the
28 notice of noncompliance is issued, the department or board, as
29 appropriate, may issue a citation to the applicant and may
30 fine the applicant up to $50 for each day that the applicant
31 is not in compliance with the requirements of s. 456.039. The
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1 citation must clearly state that the applicant may choose, in
2 lieu of accepting the citation, to follow the procedure under
3 s. 456.073. If the applicant disputes the matter in the
4 citation, the procedures set forth in s. 456.073 must be
5 followed. However, if the applicant does not dispute the
6 matter in the citation with the department within 30 days
7 after the citation is served, the citation becomes a final
8 order and constitutes discipline. Service of a citation may be
9 made by personal service or certified mail, restricted
10 delivery, to the subject at the applicant's last known
11 address. If an applicant has submitted fingerprints to the
12 department for a national criminal history check upon initial
13 licensure and is renewing his or her license for the first
14 time, then the applicant need only submit the information and
15 fee required for a statewide criminal history check.
16 (5)
17 (b) At any time during the licensee's legislative term
18 of office and during the period of 60 days after the licensee
19 ceases to be a member of the Legislature, the licensee may
20 file a completed renewal application that shall consist solely
21 of:
22 1. A license renewal fee set by the department of $250
23 for each year the licensee's license renewal has been
24 continued and extended pursuant to the terms of this
25 subsection since the last otherwise regularly scheduled
26 biennial renewal year and each year during which the renewed
27 license shall be effective until the next regularly scheduled
28 biennial renewal date;
29 2. Documentation of the completion by the licensee of
30 10 hours of continuing medical education credits for each year
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1 from the effective date of the last renewed license for the
2 licensee until the year in which the application is filed;
3 3. The information from the licensee expressly
4 required in s. 455.565(1)(a)1.-8. and (b), and (4)(a), (b),
5 and (c).
6 Section 24. Subsections (1), (2), and (4) of section
7 458.345, Florida Statutes, are amended to read:
8 458.345 Registration of resident physicians, interns,
9 and fellows; list of hospital employees; prescribing of
10 medicinal drugs; penalty.--
11 (1) Any person desiring to practice as a resident
12 physician, assistant resident physician, house physician,
13 intern, or fellow in fellowship training which leads to
14 subspecialty board certification in this state, or any person
15 desiring to practice as a resident physician, assistant
16 resident physician, house physician, intern, or fellow in
17 fellowship training in a teaching hospital in this state as
18 defined in s. 408.07(44) or s. 395.805(2), who does not hold a
19 valid, active license issued under this chapter shall apply to
20 the department to be registered and shall remit a fee not to
21 exceed $300 as set by the department board. The department
22 shall register any applicant the board certifies has met the
23 following requirements:
24 (a) Is at least 21 years of age.
25 (b) Has not committed any act or offense within or
26 without the state which would constitute the basis for refusal
27 to certify an application for licensure pursuant to s.
28 458.331.
29 (c) Is a graduate of a medical school or college as
30 specified in s. 458.311(1)(f).
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1 (2) The board shall not certify to the department for
2 registration any applicant who is under investigation in any
3 state or jurisdiction for an act which would constitute
4 grounds the basis for imposing a disciplinary action under
5 penalty specified in s. 458.331(2)(b) until such time as the
6 investigation is completed, at which time the provisions of s.
7 458.331 shall apply.
8 (4) Registration under this section shall
9 automatically expire after 2 years without further action by
10 the board or the department unless an application for renewal
11 is approved by the board. No person registered under this
12 section may be employed or utilized as a house physician or
13 act as a resident physician, an assistant resident physician,
14 an intern, or a fellow in fellowship training in a hospital or
15 teaching hospital of this state for more than 2 years without
16 a valid, active license or renewal of registration under this
17 section. Requirements for renewal of registration shall be
18 established by rule of the board. An application fee not to
19 exceed $300 as set by the department board shall accompany the
20 application for renewal, except that resident physicians,
21 assistant resident physicians, interns, and fellows in
22 fellowship training registered under this section shall be
23 exempt from payment of any renewal fees.
24 Section 25. Paragraph (f) of subsection (4) and
25 paragraphs (a), (b), (c), and (g) of subsection (7) of section
26 458.347, Florida Statutes, are amended to read:
27 458.347 Physician assistants.--
28 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
29 (f)1. There is created a five-member committee
30 appointed by the Secretary of Health. The committee must be
31 composed of one fully licensed physician assistant licensed
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1 pursuant to this section or s. 459.022, two physicians
2 licensed pursuant to this chapter, one of whom supervises a
3 fully licensed physician assistant, one osteopathic physician
4 licensed pursuant to chapter 459, and one pharmacist licensed
5 pursuant to chapter 465 who is not licensed pursuant to this
6 chapter or chapter 459. The committee shall establish a
7 formulary of medicinal drugs for which a fully licensed
8 physician assistant may prescribe. The formulary may not
9 include controlled substances as defined in chapter 893,
10 antineoplastics, antipsychotics, radiopharmaceuticals, general
11 anesthetics or radiographic contrast materials, or any
12 parenteral preparations except insulin and epinephrine.
13 2. Only the committee shall add to, delete from, or
14 modify the formulary. Any person who requests an addition,
15 deletion, or modification of a medicinal drug listed on such
16 formulary has the burden of proof to show cause why such
17 addition, deletion, or modification should be made.
18 3. The boards shall adopt the formulary required by
19 this paragraph, and each addition, deletion, or modification
20 to the formulary, by rule. Notwithstanding any provision of
21 chapter 120 to the contrary, the formulary rule shall be
22 effective 60 days after the date it is filed with the
23 Secretary of State. Upon adoption of the formulary, the
24 department shall mail a copy of such formulary to each fully
25 licensed physician assistant and to each pharmacy licensed by
26 the state. The department boards shall establish, by rule, a
27 fee not to exceed $200 to fund the provisions of this
28 paragraph and paragraph (e).
29 (7) PHYSICIAN ASSISTANT LICENSURE.--
30 (a) Any person desiring to be licensed as a physician
31 assistant must apply to the department. The department shall
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1 issue a license to any person certified by the council as
2 having met the following requirements:
3 1. Is at least 18 years of age.
4 2. Has satisfactorily passed a proficiency examination
5 by an acceptable score established by the National Commission
6 on Certification of Physician Assistants. If an applicant
7 does not hold a current certificate issued by the National
8 Commission on Certification of Physician Assistants and has
9 not actively practiced as a physician assistant within the
10 immediately preceding 4 years, the applicant must retake and
11 successfully complete the entry-level examination of the
12 National Commission on Certification of Physician Assistants
13 to be eligible for licensure.
14 3. Has completed the application form and remitted an
15 application fee not to exceed $300 as set by the department
16 boards. An application for licensure made by a physician
17 assistant must include:
18 a. A certificate of completion of a physician
19 assistant training program specified in subsection (6).
20 b. A sworn statement of any prior felony convictions.
21 c. A sworn statement of any previous revocation or
22 denial of licensure or certification in any state.
23 d. Two letters of recommendation.
24 (b)1. Notwithstanding subparagraph (a)2. and
25 sub-subparagraph (a)3.a., the department shall examine each
26 applicant who the Board of Medicine certifies:
27 a. Has completed the application form and remitted the
28 a nonrefundable application fee not to exceed $500 and the an
29 examination fee not to exceed $300, plus the actual cost to
30 the department to provide the examination. The examination fee
31 is refundable if the applicant is found to be ineligible to
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1 take the examination. The department shall not require the
2 applicant to pass a separate practical component of the
3 examination. For examinations given after July 1, 1998,
4 competencies measured through practical examinations shall be
5 incorporated into the written examination through a
6 multiple-choice format. The department shall translate the
7 examination into the native language of any applicant who
8 requests and agrees to pay all costs of such translation,
9 provided that the translation request is filed with the board
10 office no later than 9 months before the scheduled examination
11 and the applicant remits translation fees as specified by the
12 department no later than 6 months before the scheduled
13 examination, and provided that the applicant demonstrates to
14 the department the ability to communicate orally in basic
15 English. If the applicant is unable to pay translation costs,
16 the applicant may take the next available examination in
17 English if the applicant submits a request in writing by the
18 application deadline and if the applicant is otherwise
19 eligible under this section. To demonstrate the ability to
20 communicate orally in basic English, a passing score or grade
21 is required, as determined by the department or organization
22 that developed it, on the test for spoken English (TSE) by the
23 Educational Testing Service (ETS), the test of English as a
24 foreign language (TOEFL) by ETS, a high school or college
25 level English course, or the English examination for
26 citizenship, Immigration and Naturalization Service. A
27 notarized copy of an Educational Commission for Foreign
28 Medical Graduates (ECFMG) certificate may also be used to
29 demonstrate the ability to communicate in basic English; and
30 b.(I) Is an unlicensed physician who graduated from a
31 foreign medical school listed with the World Health
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1 Organization who has not previously taken and failed the
2 examination of the National Commission on Certification of
3 Physician Assistants and who has been certified by the Board
4 of Medicine as having met the requirements for licensure as a
5 medical doctor by examination as set forth in s. 458.311(1),
6 (3), (4), and (5), with the exception that the applicant is
7 not required to have completed an approved residency of at
8 least 1 year and the applicant is not required to have passed
9 the licensing examination specified under s. 458.311 or hold a
10 valid, active certificate issued by the Educational Commission
11 for Foreign Medical Graduates; was eligible and made initial
12 application for certification as a physician assistant in this
13 state between July 1, 1990, and June 30, 1991; and was a
14 resident of this state on July 1, 1990, or was licensed or
15 certified in any state in the United States as a physician
16 assistant on July 1, 1990; or
17 (II) Completed all coursework requirements of the
18 Master of Medical Science Physician Assistant Program offered
19 through the Florida College of Physician's Assistants prior to
20 its closure in August of 1996. Prior to taking the
21 examination, such applicant must successfully complete any
22 clinical rotations that were not completed under such program
23 prior to its termination and any additional clinical rotations
24 with an appropriate physician assistant preceptor, not to
25 exceed 6 months, that are determined necessary by the council.
26 The boards shall determine, based on recommendations from the
27 council, the facilities under which such incomplete or
28 additional clinical rotations may be completed and shall also
29 determine what constitutes successful completion thereof,
30 provided such requirements are comparable to those established
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1 by accredited physician assistant programs. This
2 sub-sub-subparagraph is repealed July 1, 2001.
3 2. The department may grant temporary licensure to an
4 applicant who meets the requirements of subparagraph 1.
5 Between meetings of the council, the department may grant
6 temporary licensure to practice based on the completion of all
7 temporary licensure requirements. All such administratively
8 issued licenses shall be reviewed and acted on at the next
9 regular meeting of the council. A temporary license expires 30
10 days after receipt and notice of scores to the licenseholder
11 from the first available examination specified in subparagraph
12 1. following licensure by the department. An applicant who
13 fails the proficiency examination is no longer temporarily
14 licensed, but may apply for a one-time extension of temporary
15 licensure after reapplying for the next available examination.
16 Extended licensure shall expire upon failure of the
17 licenseholder to sit for the next available examination or
18 upon receipt and notice of scores to the licenseholder from
19 such examination.
20 3. Notwithstanding any other provision of law, the
21 examination specified pursuant to subparagraph 1. shall be
22 administered by the department only five times. Applicants
23 certified by the board for examination shall receive at least
24 6 months' notice of eligibility prior to the administration of
25 the initial examination. Subsequent examinations shall be
26 administered at 1-year intervals following the reporting of
27 the scores of the first and subsequent examinations. For the
28 purposes of this paragraph, the department may develop,
29 contract for the development of, purchase, or approve an
30 examination that adequately measures an applicant's ability to
31 practice with reasonable skill and safety. The minimum passing
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1 score on the examination shall be established by the
2 department, with the advice of the board. Those applicants
3 failing to pass that examination or any subsequent examination
4 shall receive notice of the administration of the next
5 examination with the notice of scores following such
6 examination. Any applicant who passes the examination and
7 meets the requirements of this section shall be licensed as a
8 physician assistant with all rights defined thereby.
9 (c) The license must be renewed biennially. Each
10 renewal must include:
11 1. A renewal fee not to exceed $500 as set by the
12 department boards.
13 2. A sworn statement of no felony convictions in the
14 previous 2 years.
15 (g) The Board of Medicine may impose any of the
16 penalties authorized under specified in ss. 456.072 and
17 458.331(2) upon a physician assistant if the physician
18 assistant or the supervising physician has been found guilty
19 of or is being investigated for any act that constitutes a
20 violation of this chapter or chapter 456.
21 Section 26. Paragraph (b) of subsection (3) of section
22 459.009, Florida Statutes, is amended to read:
23 459.009 Inactive status.--
24 (3)
25 (b) The department board shall prescribe by rule an
26 application fee for inactive status, a biennial renewal fee
27 for inactive status, a delinquency fee, and a fee for the
28 reactivation of a license or certificate. None of these fees
29 may exceed the biennial renewal fee established by the board
30 for an active license or certificate.
31
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1 Section 27. Section 459.0092, Florida Statutes, is
2 amended to read:
3 459.0092 Fees.--The department board shall set the
4 following fees according to the following schedule:
5 (1) The fee for application or certification pursuant
6 to ss. 459.007, 459.0075, and 459.0077 shall not exceed $500.
7 (2) The fee for application and examination pursuant
8 to s. 459.006 shall not exceed $175 plus the actual per
9 applicant cost to the department for purchase of the
10 examination from the National Board of Osteopathic Medical
11 Examiners or a similar national organization.
12 (3) The fee for biennial renewal of licensure or
13 certification shall not exceed $500.
14 Section 28. Subsection (1) of section 459.021, Florida
15 Statutes, is amended to read:
16 459.021 Registration of resident physicians, interns,
17 and fellows; list of hospital employees; penalty.--
18 (1) Any person who holds a degree of Doctor of
19 Osteopathic Medicine from a college of osteopathic medicine
20 recognized and approved by the American Osteopathic
21 Association who desires to practice as a resident physician,
22 assistant resident physician, house physician, intern, or
23 fellow in fellowship training which leads to subspecialty
24 board certification in this state, or any person desiring to
25 practice as a resident physician, assistant resident
26 physician, house physician, intern, or fellow in fellowship
27 training in a teaching hospital in this state as defined in s.
28 408.07(44) or s. 395.805(2), who does not hold an active
29 license issued under this chapter shall apply to the
30 department to be registered, on an application provided by the
31 department, within 30 days of commencing such a training
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1 program and shall remit a fee not to exceed $300 as set by the
2 department board.
3 Section 29. Paragraph (f) of subsection (4) and
4 paragraphs (a), (b), and (f) of subsection (7) of section
5 459.022, Florida Statutes, are amended to read:
6 459.022 Physician assistants.--
7 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
8 (f)1. There is created a five-member committee
9 appointed by the Secretary of Health. The committee must be
10 composed of one fully licensed physician assistant licensed
11 pursuant to this section or s. 458.347, two physicians
12 licensed pursuant to chapter 458, one of whom supervises a
13 fully licensed physician assistant, one osteopathic physician
14 licensed pursuant to this chapter, and one pharmacist licensed
15 pursuant to chapter 465 who is not licensed pursuant to this
16 chapter or chapter 458. The committee shall establish a
17 formulary of medicinal drugs for which a fully licensed
18 physician assistant may prescribe. The formulary may not
19 include controlled substances as defined in chapter 893,
20 antineoplastics, antipsychotics, radiopharmaceuticals, general
21 anesthetics or radiographic contrast materials, or any
22 parenteral preparations except insulin and epinephrine.
23 2. Only the committee shall add to, delete from, or
24 modify the formulary. Any person who requests an addition,
25 deletion, or modification of a medicinal drug listed on such
26 formulary has the burden of proof to show cause why such
27 addition, deletion, or modification should be made.
28 3. The boards shall adopt the formulary required by
29 this paragraph, and each addition, deletion, or modification
30 to the formulary, by rule. Notwithstanding any provision of
31 chapter 120 to the contrary, the formulary rule shall be
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1 effective 60 days after the date it is filed with the
2 Secretary of State. Upon adoption of the formulary, the
3 department shall mail a copy of such formulary to each fully
4 licensed physician assistant and to each pharmacy licensed by
5 the state. The department boards shall establish, by rule, a
6 fee not to exceed $200 to fund the provisions of this
7 paragraph and paragraph (e).
8 (7) PHYSICIAN ASSISTANT LICENSURE.--
9 (a) Any person desiring to be licensed as a physician
10 assistant must apply to the department. The department shall
11 issue a license to any person certified by the council as
12 having met the following requirements:
13 1. Is at least 18 years of age.
14 2. Has satisfactorily passed a proficiency examination
15 by an acceptable score established by the National Commission
16 on Certification of Physician Assistants. If an applicant
17 does not hold a current certificate issued by the National
18 Commission on Certification of Physician Assistants and has
19 not actively practiced as a physician assistant within the
20 immediately preceding 4 years, the applicant must retake and
21 successfully complete the entry-level examination of the
22 National Commission on Certification of Physician Assistants
23 to be eligible for licensure.
24 3. Has completed the application form and remitted an
25 application fee not to exceed $300 as set by the department
26 boards. An application for licensure made by a physician
27 assistant must include:
28 a. A certificate of completion of a physician
29 assistant training program specified in subsection (6).
30 b. A sworn statement of any prior felony convictions.
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1 c. A sworn statement of any previous revocation or
2 denial of licensure or certification in any state.
3 d. Two letters of recommendation.
4 (b) The licensure must be renewed biennially. Each
5 renewal must include:
6 1. A renewal fee not to exceed $500 as set by the
7 department boards.
8 2. A sworn statement of no felony convictions in the
9 previous 2 years.
10 (f) The Board of Osteopathic Medicine may impose any
11 of the penalties authorized under specified in ss. 456.072 and
12 459.015(2) upon a physician assistant if the physician
13 assistant or the supervising physician has been found guilty
14 of or is being investigated for any act that constitutes a
15 violation of this chapter or chapter 456.
16 Section 30. Subsection (1) of section 460.406, Florida
17 Statutes, is amended to read:
18 460.406 Licensure by examination.--
19 (1) Any person desiring to be licensed as a
20 chiropractic physician shall apply to the department to take
21 the licensure examination. There shall be an application fee
22 set by the department board not to exceed $100 which shall be
23 nonrefundable. There shall also be an examination fee set by
24 the department not to exceed $500 plus the actual per
25 applicant cost to the department for purchase of portions of
26 the examination from the National Board of Chiropractic
27 Examiners or a similar national organization, which may be
28 refundable if the applicant is found ineligible to take the
29 examination. The department shall examine each applicant who
30 the board certifies has:
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1 (a) Completed the application form and remitted the
2 appropriate fee.
3 (b) Submitted proof satisfactory to the department
4 that he or she is not less than 18 years of age.
5 (c) Submitted proof satisfactory to the department
6 that he or she is a graduate of a chiropractic college which
7 is accredited by or has status with the Council on
8 Chiropractic Education or its predecessor agency. However, any
9 applicant who is a graduate of a chiropractic college that was
10 initially accredited by the Council on Chiropractic Education
11 in 1995, who graduated from such college within the 4 years
12 immediately preceding such accreditation, and who is otherwise
13 qualified shall be eligible to take the examination. No
14 application for a license to practice chiropractic medicine
15 shall be denied solely because the applicant is a graduate of
16 a chiropractic college that subscribes to one philosophy of
17 chiropractic medicine as distinguished from another.
18 (d)1. For an applicant who has matriculated in a
19 chiropractic college prior to July 2, 1990, completed at least
20 2 years of residence college work, consisting of a minimum of
21 one-half the work acceptable for a bachelor's degree granted
22 on the basis of a 4-year period of study, in a college or
23 university accredited by an accrediting agency recognized and
24 approved by the United States Department of Education.
25 However, prior to being certified by the board to sit for the
26 examination, each applicant who has matriculated in a
27 chiropractic college after July 1, 1990, shall have been
28 granted a bachelor's degree, based upon 4 academic years of
29 study, by a college or university accredited by a regional
30 accrediting agency which is a member of the Commission on
31 Recognition of Postsecondary Accreditation.
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1 2. Effective July 1, 2000, completed, prior to
2 matriculation in a chiropractic college, at least 3 years of
3 residence college work, consisting of a minimum of 90 semester
4 hours leading to a bachelor's degree in a liberal arts college
5 or university accredited by an accrediting agency recognized
6 and approved by the United States Department of Education.
7 However, prior to being certified by the board to sit for the
8 examination, each applicant who has matriculated in a
9 chiropractic college after July 1, 2000, shall have been
10 granted a bachelor's degree from an institution holding
11 accreditation for that degree from a regional accrediting
12 agency which is recognized by the United States Department of
13 Education. The applicant's chiropractic degree must consist
14 of credits earned in the chiropractic program and may not
15 include academic credit for courses from the bachelor's
16 degree.
17 (e) Successfully completed the National Board of
18 Chiropractic Examiners certification examination in parts I
19 and II and clinical competency, with a score approved by the
20 board, within 10 years immediately preceding application to
21 the department for licensure.
22 (f) Submitted to the department a set of fingerprints
23 on a form and under procedures specified by the department,
24 along with payment in an amount equal to the costs incurred by
25 the Department of Health for the criminal background check of
26 the applicant.
27 Section 31. Subsection (1) of section 460.407, Florida
28 Statutes, is amended to read:
29 460.407 Renewal of license.--
30 (1) The department shall renew a license upon receipt
31 of the renewal application and the application fee set by the
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1 board not to exceed $500. An applicant for a renewed license
2 must also submit the information required under s. 456.039 to
3 the department on a form and under procedures specified by the
4 department, along with payment in an amount equal to the costs
5 incurred by the Department of Health for the statewide
6 criminal background check of the applicant. The applicant must
7 submit a set of fingerprints to the Department of Health on a
8 form and under procedures specified by the department, along
9 with payment in an amount equal to the costs incurred by the
10 department for a national criminal background check of the
11 applicant for the initial renewal of his or her license after
12 January 1, 2000. If the applicant fails to submit either the
13 information required under s. 456.039 or a set of fingerprints
14 to the department as required by this section, the department
15 shall issue a notice of noncompliance, and the applicant will
16 be given 30 additional days to comply. If the applicant fails
17 to comply within 30 days after the notice of noncompliance is
18 issued, the department or board, as appropriate, may issue a
19 citation to the applicant and may fine the applicant up to $50
20 for each day that the applicant is not in compliance with the
21 requirements of s. 456.039. The citation must clearly state
22 that the applicant may choose, in lieu of accepting the
23 citation, to follow the procedure under s. 456.073. If the
24 applicant disputes the matter in the citation, the procedures
25 set forth in s. 456.073 must be followed. However, if the
26 applicant does not dispute the matter in the citation with the
27 department within 30 days after the citation is served, the
28 citation becomes a final order and constitutes discipline.
29 Service of a citation may be made by personal service or
30 certified mail, restricted delivery, to the subject at the
31 applicant's last known address. If an applicant has submitted
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1 fingerprints to the department for a national criminal history
2 check upon initial licensure and is renewing his or her
3 license for the first time, then the applicant need only
4 submit the information and fee required for a statewide
5 criminal history check.
6 Section 32. Paragraph (c) of subsection (6),
7 subsection (9), and paragraph (a) of subsection (13) of
8 section 460.4165, Florida Statutes, are amended to read:
9 460.4165 Certified chiropractic physician's
10 assistants.--
11 (6) APPLICATION APPROVAL.--Any person desiring to be
12 licensed as a certified chiropractic physician's assistant
13 must apply to the department. The department shall issue a
14 certificate to any person certified by the board as having met
15 the following requirements:
16 (c) Has completed the application form and remitted an
17 application fee set by the department board pursuant to this
18 section. An application for certification made by a
19 chiropractic physician's assistant must include:
20 1. A certificate of completion of a physician's
21 assistant training program specified in subsection (5).
22 2. A sworn statement of any prior felony conviction in
23 any jurisdiction.
24 3. A sworn statement of any previous revocation or
25 denial of licensure or certification in any state or
26 jurisdiction.
27 (9) FEES.--
28 (a) A fee not to exceed $100 set by the department
29 board shall accompany the application by a chiropractic
30 physician for authorization to supervise a certified
31 chiropractic physician's assistant.
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1 (b) Upon approval of an application for certification
2 of a certified chiropractic physician's assistant in a
3 specialty area, the applicant shall be charged the an initial
4 certification fee for the first biennium not to exceed $250;
5 and the a biennial renewal fee not to exceed $250 shall
6 accompany each application for renewal of the certified
7 chiropractic physician's assistant certificate.
8 (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION
9 RENEWAL.--The certification must be renewed biennially.
10 (a) Each renewal must include:
11 1. A renewal fee as set by the department board
12 pursuant to this section.
13 2. A sworn statement of no felony convictions in the
14 previous 2 years in any jurisdiction.
15 Section 33. Subsection (3) of section 460.4166,
16 Florida Statutes, is amended to read:
17 460.4166 Registered chiropractic assistants.--
18 (3) REGISTRATION.--Registered chiropractic assistants
19 may be registered by the board for a biennial fee set by the
20 department not to exceed $25.
21 Section 34. Paragraph (a) of subsection (1) of section
22 461.006, Florida Statutes, is amended to read:
23 461.006 Licensure by examination.--
24 (1) Any person desiring to be licensed as a podiatric
25 physician shall apply to the department to take the licensure
26 examination. The department shall examine each applicant who
27 the board certifies:
28 (a) Has completed the application form and remitted
29 the a nonrefundable application fee set by the board not to
30 exceed $100 and the an examination fee set by the board not to
31 exceed $350.
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1 Section 35. Subsection (1) of section 461.007, Florida
2 Statutes, is amended to read:
3 461.007 Renewal of license.--
4 (1) The department shall renew a license upon receipt
5 of the renewal application and a fee not to exceed $350 set by
6 the board, and evidence that the applicant has actively
7 practiced podiatric medicine or has been on the active
8 teaching faculty of an accredited school of podiatric medicine
9 for at least 2 years of the immediately preceding 4 years. If
10 the licensee has not actively practiced podiatric medicine for
11 at least 2 years of the immediately preceding 4 years, the
12 board shall require that the licensee successfully complete a
13 board-approved course prior to renewal of the license. For
14 purposes of this subsection, "actively practiced podiatric
15 medicine" means the licensed practice of podiatric medicine as
16 defined in s. 461.003(5) by podiatric physicians, including
17 podiatric physicians employed by any governmental entity, on
18 the active teaching faculty of an accredited school of
19 podiatric medicine, or practicing administrative podiatric
20 medicine. An applicant for a renewed license must also submit
21 the information required under s. 456.039 to the department on
22 a form and under procedures specified by the department, along
23 with payment in an amount equal to the costs incurred by the
24 Department of Health for the statewide criminal background
25 check of the applicant. The applicant must submit a set of
26 fingerprints to the Department of Health on a form and under
27 procedures specified by the department, along with payment in
28 an amount equal to the costs incurred by the department for a
29 national criminal background check of the applicant for the
30 initial renewal of his or her license after January 1, 2000.
31 If the applicant fails to submit either the information
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1 required under s. 456.039 or a set of fingerprints to the
2 department as required by this section, the department shall
3 issue a notice of noncompliance, and the applicant will be
4 given 30 additional days to comply. If the applicant fails to
5 comply within 30 days after the notice of noncompliance is
6 issued, the department or board, as appropriate, may issue a
7 citation to the applicant and may fine the applicant up to $50
8 for each day that the applicant is not in compliance with the
9 requirements of s. 456.039. The citation must clearly state
10 that the applicant may choose, in lieu of accepting the
11 citation, to follow the procedure under s. 456.073. If the
12 applicant disputes the matter in the citation, the procedures
13 set forth in s. 456.073 must be followed. However, if the
14 applicant does not dispute the matter in the citation with the
15 department within 30 days after the citation is served, the
16 citation becomes a final order and constitutes discipline.
17 Service of a citation may be made by personal service or
18 certified mail, restricted delivery, to the subject at the
19 applicant's last known address. If an applicant has submitted
20 fingerprints to the department for a national criminal history
21 check upon initial licensure and is renewing his or her
22 license for the first time, then the applicant need only
23 submit the information and fee required for a statewide
24 criminal history check.
25 Section 36. Subsection (1) of section 461.008, Florida
26 Statutes, is amended to read:
27 461.008 Inactive status.--
28 (1) The board shall adopt rules relating to
29 application procedures for inactive status, to the renewal of
30 inactive licenses, and to the reactivation of licenses. The
31 department board shall prescribe by rule an application fee
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1 for inactive status, a renewal fee for inactive status, a
2 delinquency fee, and a fee for the reactivation of a license.
3 None of these fees may exceed the biennial renewal fee
4 established by the board for an active license.
5 Section 37. Section 462.08, Florida Statutes, is
6 amended to read:
7 462.08 Renewal of license to practice
8 naturopathy.--Each licenseholder shall biennially renew her or
9 his license to practice naturopathy. The applicant must
10 furnish to the department such evidence as it requires of the
11 applicant's compliance with s. 462.18, relating to educational
12 requirements. The biennial renewal fee, the amount of which
13 shall be determined by the department but which may not exceed
14 $1,000, must be paid at the time the application for renewal
15 of the license is filed.
16 Section 38. Section 462.16, Florida Statutes, is
17 amended to read:
18 462.16 Reissue of license.--Any person who shall
19 practice naturopathy after her or his license has been revoked
20 and registration annulled shall be deemed to have practiced
21 naturopathy without a license; provided, however, at any time
22 after 6 months after the date of said conviction, the
23 department may grant a license to the person affected,
24 restoring to her or him all the rights and privileges of and
25 pertaining to the practice of naturopathy as defined and
26 regulated by this chapter. The fee therefor shall be set by
27 the department not exceed $250.
28 Section 39. Subsection (3) of section 462.19, Florida
29 Statutes, is amended to read:
30 462.19 Renewal of license; inactive status.--
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1 (3) A licensee may request that her or his license be
2 placed in an inactive status by making application to the
3 department and paying a fee in an amount set by the department
4 not to exceed $50.
5 Section 40. Subsection (1) of section 463.0057,
6 Florida Statutes, is amended to read:
7 463.0057 Optometric faculty certificate.--
8 (1) The department may issue an optometric faculty
9 certificate without examination to an individual who remits a
10 nonrefundable application fee set by, not to exceed $100 plus
11 the actual per applicant cost to the department, and who
12 demonstrates to the board that she or he meets the following
13 requirements:
14 (a) Is a graduate of an accredited school or college
15 of optometry approved by an accrediting agency recognized by
16 the United States Office of Education.
17 (b) Holds a valid current license to practice
18 optometry in another jurisdiction in the United States.
19 (c) Is at least 21 years of age and of good moral
20 character.
21 (d) Has not committed any act or offense in any
22 jurisdiction which would constitute the basis for disciplining
23 an optometrist.
24 (e) Has been offered and has accepted a full-time
25 faculty appointment to teach in a program of optometry at a
26 Florida-based college of optometry.
27 (f) Provides a certification from the dean of the
28 college that she or he has accepted the offer of the full-time
29 faculty appointment to teach at the Florida-based college of
30 optometry.
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1 Section 41. Paragraph (a) of subsection (1) of section
2 463.006, Florida Statutes, is amended to read:
3 463.006 Licensure and certification by examination.--
4 (1) Any person desiring to be a licensed practitioner
5 pursuant to this chapter shall apply to the department to take
6 the licensure and certification examinations. The department
7 shall examine each applicant who the board determines has:
8 (a) Completed the application forms as required by the
9 board, remitted an application fee for certification not to
10 exceed $250, remitted an examination fee for certification not
11 to exceed $250, and remitted an examination fee for licensure
12 not to exceed $325, all as set by the department board.
13 Section 42. Subsection (1) of section 463.007, Florida
14 Statutes, is amended to read:
15 463.007 Renewal of license; continuing education.--
16 (1) The department shall renew a license upon receipt
17 of the renewal application and the fee set by the board not to
18 exceed $300.
19 Section 43. Subsection (1) of section 463.008, Florida
20 Statutes, is amended to read:
21 463.008 Inactive status.--
22 (1) The board shall adopt rules relating to
23 application procedures for inactive status, for the biennial
24 renewal of inactive licenses, and for the reactivation of
25 licenses. The department board shall prescribe by rule an
26 application fee for inactive status, a renewal fee for
27 inactive status, a delinquency fee, and a fee for the
28 reactivation of a license. None of these fees may exceed the
29 biennial renewal fee established by the board for an active
30 license.
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1 Section 44. Paragraph (a) of subsection (1) of section
2 464.008, Florida Statutes, is amended to read:
3 464.008 Licensure by examination.--
4 (1) Any person desiring to be licensed as a registered
5 nurse or licensed practical nurse shall apply to the
6 department to take the licensure examination. The department
7 shall examine each applicant who:
8 (a) Has completed the application form and remitted a
9 fee set by the department board not to exceed $150 and has
10 remitted an examination fee set by the department board not to
11 exceed $75 plus the actual per applicant cost to the
12 department for purchase of the examination from the National
13 Council of State Boards of Nursing or a similar national
14 organization.
15 Section 45. Subsection (1) of section 464.009, Florida
16 Statutes, is amended to read:
17 464.009 Licensure by endorsement.--
18 (1) The department shall issue the appropriate license
19 by endorsement to practice professional or practical nursing
20 to an applicant who, upon applying to the department and
21 remitting the appropriate a fee set by the board not to exceed
22 $100, demonstrates to the board that he or she:
23 (a) Holds a valid license to practice professional or
24 practical nursing in another state of the United States,
25 provided that, when the applicant secured his or her original
26 license, the requirements for licensure were substantially
27 equivalent to or more stringent than those existing in Florida
28 at that time; or
29 (b) Meets the qualifications for licensure in s.
30 464.008 and has successfully completed a state, regional, or
31
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1 national examination which is substantially equivalent to or
2 more stringent than the examination given by the department.
3 Section 46. Subsection (5) of section 464.012, Florida
4 Statutes, is amended to read:
5 464.012 Certification of advanced registered nurse
6 practitioners; fees.--
7 (5) The board shall certify, and the department shall
8 issue a certificate to, any nurse meeting the qualifications
9 in this section. The department board shall establish an
10 application fee not to exceed $100 and a biennial renewal fee
11 not to exceed $50. The board is authorized to adopt such
12 other rules as are necessary to implement the provisions of
13 this section.
14 Section 47. Subsection (1) of section 464.014, Florida
15 Statutes, is amended to read:
16 464.014 Inactive status.--
17 (1) The board shall adopt rules relating to
18 application procedures for inactive status, to the biennial
19 renewal of inactive licenses, and to the reactivation of
20 licenses. The department board shall prescribe by rule an
21 application fee for inactive status, a renewal fee for
22 inactive status, a delinquency fee, and a fee for the
23 reactivation of a license. None of these fees may exceed the
24 biennial renewal fee established by the board for biennial
25 renewal of an active license.
26 Section 48. Subsection (1) of section 464.019, Florida
27 Statutes, is amended to read:
28 464.019 Approval of nursing programs.--
29 (1) An institution desiring to conduct an approved
30 program for the education of professional or practical nurses
31 shall apply to the department and submit such evidence as may
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1 be required to show that it complies with the provisions of
2 this part and with the rules of the board. The application
3 shall include a program review fee, as set by the department
4 board, not to exceed $1,000.
5 Section 49. Paragraph (b) of subsection (1) of section
6 464.0205, Florida Statutes, is amended to read:
7 464.0205 Retired volunteer nurse certificate.--
8 (1) Any retired practical or registered nurse desiring
9 to serve indigent, underserved, or critical need populations
10 in this state may apply to the department for a retired
11 volunteer nurse certificate by providing:
12 (b) An application and processing fee set by the
13 department of $25.
14 Section 50. Paragraph (a) of subsection (1) of section
15 465.007, Florida Statutes, is amended to read:
16 465.007 Licensure by examination.--
17 (1) Any person desiring to be licensed as a pharmacist
18 shall apply to the department to take the licensure
19 examination. The department shall examine each applicant who
20 the board certifies has:
21 (a) Completed the application form and remitted an
22 examination fee set by the department board not to exceed $100
23 plus the actual per applicant cost to the department for
24 purchase of portions of the examination from the National
25 Association of Boards of Pharmacy or a similar national
26 organization. The fees authorized under this section shall be
27 established in sufficient amounts to cover administrative
28 costs.
29 Section 51. Section 465.008, Florida Statutes, is
30 amended to read:
31 465.008 Renewal of license.--
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1 (1) The department shall renew a license upon receipt
2 of the renewal application, verification of compliance with s.
3 465.009, and receipt of a fee set by the department board not
4 to exceed $250.
5 (2) The department shall adopt rules establishing a
6 procedure for the biennial renewal of licenses.
7 (3) Sixty days prior to the end of the biennium the
8 department shall mail a notice of renewal to the last known
9 address of the licensee.
10 (3)(4) Any person licensed under this chapter for 50
11 years or more is exempt from the payment of the renewal or
12 delinquent fee, and the department shall issue a lifetime
13 license to such a person.
14 Section 52. Subsection (2) of section 465.012, Florida
15 Statutes, is amended to read:
16 465.012 Reactivation of license; continuing
17 education.--
18 (2) The board shall adopt rules relating to
19 application procedures for inactive status, to the biennial
20 renewal of inactive licenses, and to the reactivation of
21 licenses. The department board shall prescribe by rule an
22 application fee for inactive status, a renewal fee for
23 inactive status, a delinquency fee, and a fee for the
24 reactivation of a license. None of these fees may exceed the
25 biennial renewal fee established by the board for an active
26 license. The department may not reactivate a license unless
27 the inactive or delinquent licensee has paid any applicable
28 biennial renewal or delinquency fee, or both, and a
29 reactivation fee.
30 Section 53. Subsection (1) of section 465.0125,
31 Florida Statutes, is amended to read:
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1 465.0125 Consultant pharmacist license; application,
2 renewal, fees; responsibilities; rules.--
3 (1) The department shall issue or renew a consultant
4 pharmacist license upon receipt of an initial or renewal
5 application which conforms to the requirements for consultant
6 pharmacist initial licensure or renewal as promulgated by the
7 board by rule and a fee set by the department board not to
8 exceed $250. The consultant pharmacist shall be responsible
9 for maintaining all drug records required by law and for
10 establishing drug handling procedures for the safe handling
11 and storage of drugs. The consultant pharmacist may also be
12 responsible for ordering and evaluating any laboratory or
13 clinical testing when, in the judgment of the consultant
14 pharmacist, such activity is necessary for the proper
15 performance of the consultant pharmacist's responsibilities.
16 Such laboratory or clinical testing may be ordered only with
17 regard to patients residing in a nursing home facility, and
18 then only when authorized by the medical director of the
19 nursing home facility. The consultant pharmacist must have
20 completed such additional training and demonstrate such
21 additional qualifications in the practice of institutional
22 pharmacy as shall be required by the board in addition to
23 licensure as a registered pharmacist.
24 Section 54. Section 465.0126, Florida Statutes, is
25 amended to read:
26 465.0126 Nuclear pharmacist license; application,
27 renewal, fees.--The department shall issue or renew a nuclear
28 pharmacist license upon receipt of an initial or renewal
29 application which conforms to the requirements for nuclear
30 pharmacist initial licensure or biennial renewal as
31 established by the board by rule and receipt of a fee
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1 established by the department board by rule not to exceed
2 $250, which fee shall be in addition to the initial licensure
3 or biennial renewal fee for pharmacists. The nuclear
4 pharmacist shall be responsible for the compounding and the
5 dispensing of nuclear pharmaceuticals, for maintaining all
6 drug records required by law, for establishing drug handling
7 procedures for the safe handling and storage of
8 radiopharmaceuticals and medicinal drugs, for providing the
9 security of the prescription department, and for complying
10 with such other rules as relate to the practice of the
11 profession of pharmacy. The nuclear pharmacist must have
12 completed such additional training and must demonstrate such
13 additional qualifications in the practice of nuclear pharmacy
14 as is required by the board by rule in addition to licensure
15 as a registered pharmacist. The board shall adopt rules
16 necessary to implement and administer this section. The
17 requirements of this section do not apply to hospitals
18 licensed under chapter 395 or the nuclear medicine facilities
19 of such hospitals.
20 Section 55. Subsection (3) of section 465.0156,
21 Florida Statutes, is amended to read:
22 465.0156 Registration of nonresident pharmacies.--
23 (3) The registration fee and the biennial renewal fee
24 shall be set by the department pursuant to the fee specified
25 in s. 465.022.
26 Section 56. Subsection (8) of section 465.022, Florida
27 Statutes, is amended to read:
28 465.022 Pharmacies; general requirements; fees.--
29 (8) The department board shall set the fees for the
30 following:
31 (a) Initial permit fee not to exceed $250.
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1 (b) Biennial permit renewal not to exceed $250.
2 (c) Delinquent fee not to exceed $100.
3 (d) Change of location fee not to exceed $100.
4 Section 57. Paragraph (a) of subsection (2) of section
5 465.0276, Florida Statutes, is amended to read:
6 465.0276 Dispensing practitioner.--
7 (2) A practitioner who dispenses medicinal drugs for
8 human consumption for fee or remuneration of any kind, whether
9 direct or indirect, must:
10 (a) Register with her or his professional licensing
11 board as a dispensing practitioner and pay a fee not to exceed
12 $100 at the time of such registration and upon each renewal of
13 her or his license. The department Each appropriate board
14 shall establish such fee by rule.
15 Section 58. Subsection (4) of section 466.004, Florida
16 Statutes, is amended to read:
17 466.004 Board of Dentistry.--
18 (4) The board is authorized to adopt rules pursuant to
19 ss. 120.536(1) and 120.54 to implement the provisions of this
20 chapter and chapter 456, including the establishment of a fee
21 to defray the cost of duplicating any license certification or
22 permit, not to exceed $10 per duplication.
23 Section 59. Subsection (1) of section 466.006, Florida
24 Statutes, is amended to read:
25 466.006 Examination of dentists.--
26 (1) Any person desiring to be licensed as a dentist
27 shall apply to the department to take the licensure
28 examinations and shall verify the information required on the
29 application by oath. The application shall include two recent
30 photographs. There shall be an application fee, set by the
31 board not to exceed $100 which shall be nonrefundable. There
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1 shall also be an examination fee set by the board, which shall
2 not exceed $425 plus the actual per applicant cost to the
3 department for purchase of portions of the examination from
4 the Northeast Regional Board of Dental Examiners or a similar
5 national organization, which may be refundable if the
6 applicant is found ineligible to take the examinations.
7 Section 60. Subsection (1) of section 466.007, Florida
8 Statutes, is amended to read:
9 466.007 Examination of dental hygienists.--
10 (1) Any person desiring to be licensed as a dental
11 hygienist shall apply to the department to take the licensure
12 examinations and shall verify the information required on the
13 application by oath. The application shall include two recent
14 photographs of the applicant. There shall be a nonrefundable
15 application fee set by the board not to exceed $100 and an
16 examination fee set by the board which shall not be more than
17 $225. The examination fee may be refunded if the applicant is
18 found ineligible to take the examinations.
19 Section 61. Subsections (6) and (7) of section
20 466.008, Florida Statutes, are amended to read:
21 466.008 Certification of foreign educational
22 institutions.--
23 (6) A school shall pay a registration fee established
24 by rule of the department, not to exceed $1,000, at the time
25 of application for certification and shall pay all reasonable
26 costs and expenses the department expects to incur, in an
27 amount not to exceed $40,000, for the conduct of the
28 certification survey.
29 (7) The department shall renew a certification upon
30 receipt of a renewal application, accompanied by a fee set by
31 the department not to exceed $500. Each fully certified
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1 institution shall submit a renewal application every 7 years.
2 Any certification which is not renewed shall automatically
3 expire.
4 Section 62. Subsection (1) of section 466.009, Florida
5 Statutes, is amended to read:
6 466.009 Reexamination.--
7 (1) The department shall permit any person who fails
8 an examination which is required under s. 466.006 or s.
9 466.007 to retake the examination. If the examination to be
10 retaken is a practical or clinical examination, the applicant
11 shall pay a reexamination fee set by rule of the department
12 board in an amount not to exceed the original examination fee.
13 Section 63. Subsection (1) of section 466.013, Florida
14 Statutes, is amended to read:
15 466.013 Renewal of license.--
16 (1) The department shall renew a license upon receipt
17 of the renewal application and the fee set by the board not to
18 exceed $300.
19 Section 64. Subsection (1) of section 466.015, Florida
20 Statutes, is amended to read:
21 466.015 Inactive status.--
22 (1) The board shall adopt rules relating to
23 application procedures for inactive status, to the renewal of
24 inactive licenses, and to the reactivation of licenses. The
25 department board shall prescribe by rule an application fee
26 for inactive status, a biennial renewal fee for inactive
27 status, a delinquency fee, and a fee for the reactivation of a
28 license. None of these fees may exceed the biennial renewal
29 fee established by the board for an active license.
30
31
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1 Section 65. Paragraph (e) of subsection (3) and
2 subsection (5) of section 466.017, Florida Statutes, are
3 amended to read:
4 466.017 Prescription of drugs; anesthesia.--
5 (3) The board shall adopt rules which:
6 (e) Establish an administrative mechanism enabling the
7 board to verify compliance with training, education,
8 experience, equipment, or certification requirements of
9 dentists, dental hygienists, and dental assistants adopted
10 pursuant to this subsection. The board may charge a fee set
11 by the department to defray the cost of verifying compliance
12 with requirements adopted pursuant to this paragraph.
13 (5) A licensed dentist may utilize an X-ray machine,
14 expose dental X-ray films, and interpret or read such films.
15 The provisions of part IV of chapter 468 to the contrary
16 notwithstanding, a licensed dentist may authorize or direct a
17 dental assistant to operate such equipment and expose such
18 films under her or his direction and supervision, pursuant to
19 rules adopted by the board in accordance with s. 466.024 which
20 ensure that said assistant is competent by reason of training
21 and experience to operate said equipment in a safe and
22 efficient manner. The board may charge a fee set by the
23 department not to exceed $35 to defray the cost of verifying
24 compliance with requirements adopted pursuant to this section.
25 Section 66. Subsections (1) and (3) of section
26 466.032, Florida Statutes, are amended to read:
27 466.032 Registration.--
28 (1) Every person, firm, or corporation operating a
29 dental laboratory in this state shall register biennially with
30 the department on forms to be provided by the department and,
31 at the same time, pay to the department a registration fee not
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1 to exceed $300 for which the department shall issue a
2 registration certificate entitling the holder to operate a
3 dental laboratory for a period of 2 years.
4 (3) Any dental laboratory operator who has not
5 complied with subsection (1) within 3 months after the
6 registration renewal date shall be required to pay a
7 delinquency fee set by the department of $40 in addition to
8 the regular registration fee.
9 Section 67. Paragraph (f) of subsection (2) of section
10 467.0125, Florida Statutes, is amended to read:
11 467.0125 Licensure by endorsement.--
12 (2) The department may issue a temporary certificate
13 to practice in areas of critical need to any midwife who is
14 qualifying for licensure by endorsement under subsection (1),
15 with the following restrictions:
16 (f) The fee for a temporary certificate shall be set
17 by the department not exceed $50 and shall be in addition to
18 the fee required for licensure.
19 Section 68. Section 467.0135, Florida Statutes, is
20 amended to read:
21 467.0135 Fees.--The department shall establish fees
22 for application, examination, initial licensure, renewal of
23 licensure, licensure by endorsement, inactive status,
24 delinquent status, and reactivation of an inactive license.
25 The appropriate fee must be paid at the time of application
26 and is payable to the Department of Health, in accordance with
27 rules adopted by the department. A fee is nonrefundable,
28 unless otherwise provided by rule. A fee may not exceed:
29 (1) Five hundred dollars for examination.
30 (2) Five hundred dollars for initial licensure.
31 (3) Five hundred dollars for renewal of licensure.
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1 (4) Two hundred dollars for application, which fee is
2 nonrefundable.
3 (5) Five hundred dollars for reactivation of an
4 inactive license.
5 (6) Five hundred dollars for licensure by endorsement.
6
7 A fee for inactive status, reactivation of an inactive
8 license, or delinquency may not exceed the fee established by
9 the department for biennial renewal of an active license. All
10 fees collected under this section shall be deposited in the
11 Medical Quality Assurance Trust Fund.
12 Section 69. Section 468.1145, Florida Statutes, is
13 amended to read:
14 468.1145 Fees; establishment; disposition.--
15 (1) The department board, by rule, shall establish
16 fees to be paid for application, examination, reexamination,
17 licensing and renewal, reinstatement, and recordmaking and
18 recordkeeping. The department board may also establish, by
19 rule, a late renewal penalty. The board shall establish fees
20 which are adequate to ensure continued operation of the board
21 and to fund the proportionate expenses incurred by the
22 department in carrying out its licensure and other related
23 responsibilities under this part. Fees shall be based on
24 department estimates of the revenue required to implement this
25 part and the provisions of law with respect to the regulation
26 of speech-language pathologists and audiologists.
27 (2) The application fee shall not exceed $200 and
28 shall be nonrefundable.
29 (3) The examination fee shall be in an amount which
30 covers the costs of obtaining and administering the
31 examination and shall be refunded if the applicant is found
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1 ineligible to sit for the examination. The combined fees for
2 initial application and examination shall not exceed $200 plus
3 the actual per applicant cost to the department for developing
4 or procuring the licensure examination.
5 (4) The initial license fee shall not exceed $500.
6 (5) The provisional license fee shall not exceed $200.
7 (6) The fee for licensure by endorsement shall not
8 exceed $200.
9 (7) The fee for certification as a speech-language
10 pathology assistant or an audiology assistant shall not exceed
11 $50.
12 (8) The biennial renewal fee shall not exceed $500.
13 (9) The fee for application for an inactive status
14 license or for reactivation of an inactive status license
15 shall not exceed $100.
16 (2)(10) All moneys derived from fees and fines imposed
17 pursuant to this part shall be deposited as required by s.
18 456.025.
19 Section 70. Subsections (2) and (4) of section
20 468.1695, Florida Statutes, are amended to read:
21 468.1695 Licensure by examination.--
22 (2) The department shall examine each applicant who
23 the board certifies has completed the application form and
24 remitted an examination fee set by the department board not to
25 exceed $250 and who:
26 (a)1. Holds a baccalaureate degree from an accredited
27 college or university and majored in health care
28 administration or has credit for at least 60 semester hours in
29 subjects, as prescribed by rule of the board, which prepare
30 the applicant for total management of a nursing home; and
31
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1 2. Has fulfilled the requirements of a
2 college-affiliated or university-affiliated internship in
3 nursing home administration or of a 1,000-hour nursing home
4 administrator-in-training program prescribed by the board; or
5 (b)1. Holds a baccalaureate degree from an accredited
6 college or university; and
7 2.a. Has fulfilled the requirements of a 2,000-hour
8 nursing home administrator-in-training program prescribed by
9 the board; or
10 b. Has 1 year of management experience allowing for
11 the application of executive duties and skills, including the
12 staffing, budgeting, and directing of resident care, dietary,
13 and bookkeeping departments within a skilled nursing facility,
14 hospital, hospice, assisted living facility with a minimum of
15 60 licensed beds, or geriatric residential treatment program
16 and, if such experience is not in a skilled nursing facility,
17 has fulfilled the requirements of a 1,000-hour nursing home
18 administrator-in-training program prescribed by the board.
19 (4) The department board may by rule establish a
20 preceptor certification and recertification fee, not to exceed
21 $100 which shall be remitted by those individuals seeking
22 board approval to act as preceptors in
23 administrator-in-training programs as prescribed by the board.
24 Said fee may be charged at the time of application for initial
25 certification and at the time of application for
26 recertification. The department board may by rule establish a
27 trainee application fee not to exceed $500 to defray the costs
28 of the board's supervision of the administrator-in-training
29 program, to be remitted by those individuals seeking to
30 undergo a board prescribed administrator-in-training program.
31
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1 Section 71. Subsections (1) and (4) of section
2 468.1705, Florida Statutes, are amended to read:
3 468.1705 Licensure by endorsement; temporary
4 license.--
5 (1) The department shall issue a license by
6 endorsement to any applicant who, upon applying to the
7 department and remitting a fee set by the department board not
8 to exceed $500, demonstrates to the board that he or she:
9 (a) Meets one of the following requirements:
10 1. Holds a valid active license to practice nursing
11 home administration in another state of the United States,
12 provided that the current requirements for licensure in that
13 state are substantially equivalent to, or more stringent than,
14 current requirements in this state; or
15 2. Meets the qualifications for licensure in s.
16 468.1695; and
17 (b)1. Has successfully completed a national
18 examination which is substantially equivalent to, or more
19 stringent than, the examination given by the department;
20 2. Has passed an examination on the laws and rules of
21 this state governing the administration of nursing homes; and
22 3. Has worked as a fully licensed nursing home
23 administrator for 2 years within the 5-year period immediately
24 preceding the application by endorsement.
25 (4) A temporary license may be issued one time only to
26 an applicant who has filed an application for licensure by
27 endorsement and has paid the fee for the next laws and rules
28 examination offered in this state, and who meets all of the
29 following requirements:
30 (a) Has filed an application for a temporary license
31 and paid a fee set by the department not to exceed $750.
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1 (b) Meets the requirements of subsection (1) or s.
2 468.1695.
3 (c) Has worked as a fully licensed nursing home
4 administrator for 2 years within the 5-year period immediately
5 preceding application for a temporary license.
6
7 A temporary license shall be valid for the nursing home
8 administrator applicant only at the facility for which it is
9 issued and shall not be transferred to another facility or to
10 another applicant. An applicant shall not be eligible to
11 reapply for a temporary license or an extension of a temporary
12 license. The applicant must take and pass the next laws and
13 rules examination offered in this state following issuance of
14 a temporary license. The temporary license is valid until the
15 results of the examination are certified by the board and the
16 applicant is notified.
17 Section 72. Subsection (2) of section 468.1725,
18 Florida Statutes, is amended to read:
19 468.1725 Inactive status.--
20 (2) The board shall adopt rules relating to
21 application procedures for inactive status, for the renewal of
22 inactive licenses, and for the reactivation of licenses. The
23 department board shall prescribe by rule an application fee
24 for inactive status, a renewal fee for inactive status, a
25 delinquency fee, and a fee for the reactivation of a license.
26 None of these fees may exceed the biennial renewal fee
27 established by the board for an active license.
28 Section 73. Section 468.1735, Florida Statutes, is
29 amended to read:
30 468.1735 Provisional license.--The board may establish
31 by rule requirements for issuance of a provisional license. A
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1 provisional license shall be issued only to fill a position of
2 nursing home administrator that unexpectedly becomes vacant
3 due to illness, sudden death of the administrator, or
4 abandonment of position and shall be issued for one single
5 period as provided by rule not to exceed 6 months. The
6 department shall not issue a provisional license to any
7 applicant who is under investigation in this state or another
8 jurisdiction for an offense which would constitute a violation
9 of s. 468.1745 or s. 468.1755. Upon completion of the
10 investigation, the provisions of s. 468.1755 shall apply. The
11 provisional license may be issued to a person who does not
12 meet all of the licensing requirements established by this
13 part, but the board shall by rule establish minimal
14 requirements to ensure protection of the public health,
15 safety, and welfare. The provisional license shall be issued
16 to the person who is designated as the responsible person next
17 in command in the event of the administrator's departure. The
18 department board may set an application fee not to exceed $500
19 for a provisional license.
20 Section 74. Subsection (1) of section 468.209, Florida
21 Statutes, is amended to read:
22 468.209 Requirements for licensure.--
23 (1) An applicant applying for a license as an
24 occupational therapist or as an occupational therapy assistant
25 shall file a written application, accompanied by the
26 application for licensure fee set by the department prescribed
27 in s. 468.221, on forms provided by the department, showing to
28 the satisfaction of the board that she or he:
29 (a) Is of good moral character.
30 (b) Has successfully completed the academic
31 requirements of an educational program in occupational therapy
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1 recognized by the board, with concentration in biologic or
2 physical science, psychology, and sociology, and with
3 education in selected manual skills. Such a program shall be
4 accredited by the American Occupational Therapy Association's
5 Accreditation Council for Occupational Therapy Education, or
6 its successor.
7 (c) Has successfully completed a period of supervised
8 fieldwork experience at a recognized educational institution
9 or a training program approved by the educational institution
10 where she or he met the academic requirements. For an
11 occupational therapist, a minimum of 6 months of supervised
12 fieldwork experience is required. For an occupational therapy
13 assistant, a minimum of 2 months of supervised fieldwork
14 experience is required.
15 (d) Has passed an examination conducted or adopted by
16 the board as provided in s. 468.211.
17 Section 75. Subsection (1) of section 468.211, Florida
18 Statutes, is amended to read:
19 468.211 Examination for licensure.--
20 (1) Any person applying for licensure shall, in
21 addition to demonstrating his or her eligibility in accordance
22 with the requirements of s. 468.209, make application to the
23 board or the appropriate examining entity for examination,
24 upon a form and in such a manner as the board or the examining
25 entity prescribes. Such application shall be accompanied by
26 the nonrefundable fee set by the department prescribed by s.
27 468.221 or by a fee established by the examining entity. A
28 person who fails an examination may make application for
29 reexamination accompanied by the prescribed fee; such person
30 shall also reapply to the board for licensure in the manner
31 prescribed in s. 468.209.
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1 Section 76. Subsection (1) of section 468.221, Florida
2 Statutes, is amended to read:
3 468.221 Fees.--
4 (1) The department shall set fees board shall
5 prescribe, and publish in the manner established by its rules,
6 fees in amounts determined by the board for the following
7 purposes:
8 (a) Application for license.
9 (b) Examination fee.
10 (c) Initial license fee.
11 (d) Renewal of active license fee.
12 (e) Delinquency fee.
13 (f) Application for inactive license fee.
14 (g) Renewal of inactive license fee.
15 (h) Reactivation fee.
16 Section 77. Paragraph (a) of subsection (1) of section
17 468.357, Florida Statutes, is amended to read:
18 468.357 Licensure by examination.--
19 (1) A person who desires to be licensed as a
20 respiratory care practitioner may submit an application to
21 take the examination, in accordance with board rule.
22 (a) Each applicant may take the examination who is
23 determined by the board to have:
24 1. Completed the application form and remitted the
25 applicable fee set by the department board;
26 2. Submitted required documentation as required in s.
27 468.355; and
28 3. Remitted an examination fee set by the department
29 examination provider.
30 Section 78. Subsection (1) of section 468.361, Florida
31 Statutes, is amended to read:
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1 468.361 Renewal of licensure; continuing education.--
2 (1) The department shall provide by rule a method for
3 the biennial renewal of licensure at fees set by the
4 department board.
5 Section 79. Subsection (1) of section 468.364, Florida
6 Statutes, is amended to read:
7 468.364 Fees; establishment; disposition.--
8 (1) The department board shall establish by rule fees
9 for the following purposes:
10 (a) Application, a fee not to exceed $50.
11 (b) Initial licensure, a fee not to exceed $200.
12 (c) Renewal of licensure, a fee not to exceed $200
13 biennially.
14 (d) Renewal of inactive licensure, a fee not to exceed
15 $50.
16 (e) Reactivation, a fee not to exceed $50.
17 Section 80. Section 468.508, Florida Statutes, is
18 amended to read:
19 468.508 Fees.--The department board shall, by rule,
20 establish fees to be paid for applications and examination,
21 reexamination, licensing and renewal, licensure by
22 endorsement, temporary permits, renewal, renewal of inactive
23 licenses, reactivation of inactive licenses, recordmaking, and
24 recordkeeping. The department board shall establish fees which
25 are adequate to administer and implement the provisions of
26 this part.
27 (1) The application fee shall not exceed $100 and
28 shall not be refundable.
29 (2) The examination fee shall not exceed $500 and
30 shall be refundable if the applicant is found to be ineligible
31 to take the licensure examination.
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1 (3) The initial licensure fee shall not exceed $500.
2 (4) The fee for reexamination shall not exceed $250.
3 (5) The biennial renewal fee shall not exceed $500.
4 (6) The fee for licensure by endorsement shall not
5 exceed $350.
6 (7) The fee for a temporary permit shall not exceed
7 $200.
8 (8) The fee for reactivation of an inactive license
9 shall not exceed $50.
10 Section 81. Subsection (2) of section 468.509, Florida
11 Statutes, is amended to read:
12 468.509 Dietitian/nutritionist; requirements for
13 licensure.--
14 (2) The agency shall examine any applicant who the
15 board certifies has completed the application form and
16 remitted the application and examination fees set by the
17 department specified in s. 468.508 and who:
18 (a)1. Possesses a baccalaureate or postbaccalaureate
19 degree with a major course of study in human nutrition, food
20 and nutrition, dietetics, or food management, or an equivalent
21 major course of study, from a school or program accredited, at
22 the time of the applicant's graduation, by the appropriate
23 accrediting agency recognized by the Commission on Recognition
24 of Postsecondary Accreditation and the United States
25 Department of Education; and
26 2. Has completed a preprofessional experience
27 component of not less than 900 hours or has education or
28 experience determined to be equivalent by the board; or
29 (b)1. Has an academic degree, from a foreign country,
30 that has been validated by an accrediting agency approved by
31 the United States Department of Education as equivalent to the
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1 baccalaureate or postbaccalaureate degree conferred by a
2 regionally accredited college or university in the United
3 States;
4 2. Has completed a major course of study in human
5 nutrition, food and nutrition, dietetics, or food management;
6 and
7 3. Has completed a preprofessional experience
8 component of not less than 900 hours or has education or
9 experience determined to be equivalent by the board.
10 Section 82. Subsection (1) of section 468.513, Florida
11 Statutes, is amended to read:
12 468.513 Dietitian/nutritionist; licensure by
13 endorsement.--
14 (1) The agency shall issue a license to practice
15 dietetics and nutrition by endorsement to any applicant who
16 the board certifies as qualified, upon receipt of a completed
17 application and the fee set by the department specified in s.
18 468.508.
19 Section 83. Section 468.705, Florida Statutes, is
20 amended to read:
21 468.705 Rulemaking authority.--The board is authorized
22 to adopt rules pursuant to ss. 120.536(1) and 120.54 to
23 implement provisions of this part conferring duties upon it.
24 The provisions of s. 456.011(5) shall apply to the board's
25 activity. Such rules shall include, but not be limited to, the
26 allowable scope of practice regarding the use of equipment,
27 procedures, and medication, requirements for a written
28 protocol between the athletic trainer and a supervising
29 physician, licensure requirements, licensure examination,
30 continuing education requirements, fees, records, and reports
31 to be filed by licensees, protocols, and any other
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1 requirements necessary to regulate the practice of athletic
2 training.
3 Section 84. Section 468.709, Florida Statutes, is
4 amended to read:
5 468.709 Fees.--
6 (1) The department board shall, by rule, establish
7 fees for the following purposes:
8 (1)(a) An application fee, not to exceed $100.
9 (2)(b) An examination fee, not to exceed $200.
10 (3)(c) An initial licensure fee, not to exceed $200.
11 (4)(d) A biennial renewal fee, not to exceed $200.
12 (5)(e) An inactive fee, not to exceed $100.
13 (6)(f) A delinquent fee, not to exceed $100.
14 (7)(g) A reactivation fee, not to exceed $100.
15 (8)(h) A voluntary inactive fee, not to exceed $100.
16 (2) The board shall establish fees at a level, not to
17 exceed the statutory fee cap, that is adequate to ensure the
18 continued operation of the regulatory program under this part.
19 The board shall neither set nor maintain the fees at a level
20 that will substantially exceed this need.
21 Section 85. Subsection (2) of section 468.803, Florida
22 Statutes, is amended to read:
23 468.803 Licensure requirements.--
24 (2) An applicant for licensure must apply to the
25 department on a form prescribed by it in order to take the
26 appropriate licensure examination, including a practical
27 examination demonstrating clinical patient management, when
28 appropriate, and written examinations, one of which
29 demonstrates orthotic, prosthetic, or pedorthic
30 problem-solving skills. The board may accept the examination
31 results of a national orthotic, prosthetic, or pedorthic
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1 standards organization in lieu of administering the state
2 examination. In such cases, the department shall set fees
3 appropriate to the level of practitioner and shall examine
4 each applicant who the board verifies:
5 (a) Has completed the application form and paid an
6 application fee, not to exceed $500, which shall be
7 nonrefundable, an examination fee and the actual per applicant
8 costs to the department for purchase or development of the
9 examination, and a license fee not to exceed $500;
10 (b) Is of good moral character;
11 (c) Is 18 years of age or older;
12 (d) Has completed the appropriate educational
13 preparation, including practical training requirements; and
14 (e) Has successfully completed an appropriate clinical
15 internship in the professional area for which the license is
16 sought.
17 Section 86. Subsection (1), paragraph (e) of
18 subsection (2), and subsection (3) of section 468.805, Florida
19 Statutes, are amended to read:
20 468.805 Grandfathering.--
21 (1) A person who has practiced orthotics, prosthetics,
22 or pedorthics in this state for the required period since July
23 1, 1990, who, before March 1, 1998, applies to the department
24 for a license to practice orthotics, prosthetics, or
25 pedorthics, may be licensed as a prosthetist, orthotist,
26 prosthetist-orthotist, orthotic fitter, orthotic fitter
27 assistant, or pedorthist, as determined from the person's
28 experience, certification, and educational preparation,
29 without meeting the educational requirements set forth in s.
30 468.803, upon receipt of the application fee and licensing fee
31 and after the board has completed an investigation into the
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1 applicant's background and experience. The board shall require
2 an application fee not to exceed $500, which shall be set by
3 the department and is nonrefundable. The board shall complete
4 its investigation within 6 months after receipt of the
5 completed application. The period of experience required for
6 licensure under this section is 5 years for a prosthetist; 2
7 years for an orthotic fitter, an orthotic fitter assistant, or
8 a pedorthist; and 5 years for an orthotist whose scope of
9 practice is defined under s. 468.80(7).
10 (2)
11 (e) The board shall require an application fee, not to
12 exceed $500, which is nonrefundable, and a provisional
13 licensure fee, each to be set by the department not to exceed
14 $500.
15 (3) An applicant who has received certification as an
16 orthotist, a prosthetist, a prosthetist-orthotist, or a
17 pedorthist from a national certifying body which requires the
18 successful completion of an examination, may be licensed under
19 this section without taking an additional examination. An
20 applicant who has not received certification from a national
21 certifying body which requires the successful completion of an
22 examination shall be required to take an examination as
23 determined by the board. This examination shall be designed to
24 determine if the applicant has the minimum qualifications
25 needed to be licensed under this section. The board may charge
26 an examination fee set by the department and the actual per
27 applicant cost to the department for purchase or development
28 of the examination.
29 Section 87. Subsection (1) of section 468.806, Florida
30 Statutes, is amended to read:
31 468.806 Biennial renewal of license.--
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1 (1) The department shall renew a license upon receipt
2 of the renewal application fee, not to exceed $500, as set by
3 the department board.
4 Section 88. Subsections (1) and (4) of section 478.45,
5 Florida Statutes, are amended to read:
6 478.45 Requirements for licensure.--
7 (1) An applicant applying for licensure as an
8 electrologist shall file a written application, accompanied by
9 the application for licensure fee set by the department
10 prescribed in s. 478.55, on a form provided by the board,
11 showing to the satisfaction of the board that the applicant:
12 (a) Is at least 18 years old.
13 (b) Is of good moral character.
14 (c) Possesses a high school diploma or a graduate
15 equivalency diploma.
16 (d) Has not committed an act in any jurisdiction which
17 would constitute grounds for disciplining an electrologist in
18 this state.
19 (e) Has successfully completed the academic
20 requirements of an electrolysis training program, not to
21 exceed 120 hours, and the practical application thereof as
22 approved by the board.
23 (4) The department shall issue a license to practice
24 electrology to any applicant who passes the examination, pays
25 the licensure fee as set by the department forth in s. 478.55,
26 and otherwise meets the requirements of this chapter.
27 Section 89. Section 478.47, Florida Statutes, is
28 amended to read:
29 478.47 Licensure by endorsement.--The department shall
30 issue a license by endorsement to any applicant who submits an
31 application and the required fees as set forth in s. 478.55
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1 and who holds an active license or other authority to practice
2 electrology in a jurisdiction whose licensure requirements are
3 determined by the board to be equivalent to the requirements
4 for licensure in this state.
5 Section 90. Subsections (1) and (2) of section 478.50,
6 Florida Statutes, are amended to read:
7 478.50 Renewal of license; delinquent status; address
8 notification; continuing education requirements.--
9 (1) The department shall provide, by rule, a method
10 for biennial license renewal at fees set by the department
11 forth in s. 478.55.
12 (2) A license that is not renewed at the end of the
13 biennium prescribed by the department automatically reverts to
14 delinquent status. The board shall adopt rules establishing
15 procedures and, criteria, and fees as set forth in s. 478.55
16 for reactivation of an inactive license.
17 Section 91. Subsection (4) of section 478.51, Florida
18 Statutes, is amended to read:
19 478.51 Electrology facilities; requisites; facility
20 licensure; inspection.--
21 (4) Any person, firm, or corporation desiring to
22 operate an electrology facility in the state shall submit to
23 the department an application and the necessary application
24 fee as set by the department forth in s. 478.55.
25 Section 92. Section 478.55, Florida Statutes, is
26 amended to read:
27 478.55 Fees; facility; disposition.--
28 (1) The department board shall establish by rule the
29 collection of fees for the following purposes:
30 (1)(a) License application fee: a fee not to exceed
31 $100.
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1 (2)(b) Examination fee: a fee not to exceed $300.
2 (3)(c) Initial licensure fee: a fee not to exceed
3 $100.
4 (4)(d) Renewal fee: a fee not to exceed $100
5 biennially.
6 (5)(e) Reactivation fee: a fee not to exceed $100.
7 (6)(f) Inspection fee for facility: a fee not to
8 exceed $100 biennially.
9 (2) In no case shall the department charge more than
10 the actual cost incurred for the implementation of this
11 chapter.
12 Section 93. Paragraphs (b) and (c) of subsection (7)
13 and subsection (8) of section 480.043, Florida Statutes, are
14 amended to read:
15 480.043 Massage establishments; requisites; licensure;
16 inspection.--
17 (7)
18 (b) A license may be transferred from one location to
19 another only after inspection and approval by the board and
20 receipt of an application and inspection fee set by rule of
21 the department board, not to exceed $125.
22 (c) A license may be transferred from one business
23 name to another after approval by the board and receipt of an
24 application fee set by rule of the department board, not to
25 exceed $25.
26 (8) Renewal of license registration for massage
27 establishments shall be accomplished pursuant to rules adopted
28 by the board. The board is further authorized to adopt rules
29 governing delinquent renewal of licenses and may impose
30 penalty fees set by the department for delinquent renewal.
31
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1 Section 94. Subsections (1), (2), and (3) of section
2 480.044, Florida Statutes, are amended to read:
3 480.044 Fees; disposition.--
4 (1) The department board shall set the following fees
5 according to the following schedule:
6 (a) Massage therapist application and examination fee:
7 not to exceed $250.
8 (b) Massage therapist initial licensure fee: not to
9 exceed $150.
10 (c) Establishment application fee: not to exceed
11 $200.
12 (d) Establishment licensure fee: not to exceed $150.
13 (e) Biennial establishment renewal fee: not to exceed
14 $150.
15 (f) Biennial massage therapist licensure renewal fee:
16 not to exceed $200.
17 (g) Massage therapist reexamination fee: not to
18 exceed $250.
19 (h) Fee for apprentice: not to exceed $100.
20 (i) Colonics examination fee: not to exceed $100.
21 (j) Colonics reexamination fee: not to exceed $100.
22 (k) Application and reactivation for inactive status
23 of a massage therapist license fee: not to exceed $250.
24 (l) Renewal fee for inactive status: not to exceed
25 $250.
26 (2) The department shall impose a late fee not to
27 exceed $150 on a delinquent renewal of a massage establishment
28 license.
29 (3) The board may establish by rule an application fee
30 not to exceed $100 for anyone seeking approval to provide
31
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1 continuing education courses and may provide by rule for a fee
2 not to exceed $50 for renewal of providership.
3 Section 95. Section 483.807, Florida Statutes, is
4 amended to read:
5 483.807 Fees; establishment; disposition.--
6 (1) The department board, by rule, shall establish
7 fees to be paid for application, examination, reexamination,
8 licensing and renewal, registration, laboratory training
9 program application, reinstatement, and recordmaking and
10 recordkeeping. The department board may also establish, by
11 rule, a delinquency fee. The department board shall establish
12 fees that are adequate to ensure the continued operation of
13 the board and to fund the proportionate expenses incurred by
14 the department in carrying out its licensure and other related
15 responsibilities under this part. Fees shall be based on
16 departmental estimates of the revenue required to implement
17 this part and the provisions of law with respect to the
18 regulation of clinical laboratory personnel.
19 (2) The nonrefundable application fee may not exceed
20 $200.
21 (2)(3) The examination fee shall be in an amount which
22 covers the costs of obtaining and administering the
23 examination and shall be refunded if the applicant is found
24 ineligible to sit for the examination. The combined fees for
25 initial application and examination may not exceed $200 plus
26 the actual per applicant cost to the department for
27 developing, administering, or procuring the licensure
28 examination.
29 (4) The initial license fee may not exceed $100.
30 (5) The fee for licensure by endorsement may not
31 exceed $100.
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1 (6) The biennial renewal fee may not exceed $150.
2 (7) The fee for application for an inactive status
3 license or for reactivation of an inactive status license may
4 not exceed $50.
5 (8) The initial application fee for registration of a
6 trainee shall not exceed $20.
7 (9) The initial application and renewal fee for
8 approval as a laboratory training program may not exceed $300.
9 The fee for late filing of a renewal application shall be $50.
10 (3)(10) All fees shall be established, collected, and
11 deposited in accordance with s. 456.025.
12 Section 96. Subsection (1) of section 483.819, Florida
13 Statutes, is amended to read:
14 483.819 Inactive status.--
15 (1) A licensee may request that her or his license be
16 placed in an inactive status by making application to the
17 department and paying a fee in an amount set by the department
18 board.
19 Section 97. Subsection (7) of section 483.901, Florida
20 Statutes, is amended to read:
21 483.901 Medical physicists; definitions; licensure.--
22 (7) FEES.--The fee for the initial license application
23 shall be set by the department $500 and is nonrefundable. The
24 fee for license renewal shall be set by the department may not
25 be more than $500. These fees may cover only the costs
26 incurred by the department and the council to administer this
27 section. By July 1 each year, the department shall advise the
28 council if the fees are insufficient to administer this
29 section.
30 Section 98. Subsection (6) of section 484.002, Florida
31 Statutes, is amended to read:
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1 484.002 Definitions.--As used in this part:
2 (6) "Board-certified optician" means an optician
3 licensed in this state who:
4 (a) Has passed the National Contact Lens Registry
5 Examination;
6 (b) Has successfully completed a board-approved course
7 of at least 20 contact hours covering the competencies
8 required in fitting, adapting, and dispensing of contact
9 lenses;
10 (c) Has met any other requirements established by the
11 board to assure competence in the fitting, adapting, and
12 dispensing of contact lenses;
13 (d) Has completed the application form and remitted a
14 nonrefundable application fee set by the department board not
15 to exceed $100; and
16 (e) Has been issued a certificate by the department.
17 Section 99. Subsection (1) and paragraph (a) of
18 subsection (3) of section 484.007, Florida Statutes, are
19 amended to read:
20 484.007 Licensure of opticians; permitting of optical
21 establishments.--
22 (1) Any person desiring to practice opticianry shall
23 apply to the department, upon forms prescribed by it, to take
24 a licensure examination. The department shall examine each
25 applicant who the board certifies:
26 (a) Has completed the application form and remitted a
27 nonrefundable application fee set by the department board, in
28 the amount of $100 or less, and an examination fee set by the
29 department board, in the amount of $325 plus the actual per
30 applicant cost to the department for purchase of portions of
31 the examination from the American Board of Opticianry or a
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1 similar national organization, or less, and refundable if the
2 board finds the applicant ineligible to take the examination;
3 (b) Is not less than 18 years of age;
4 (c) Is a graduate of an accredited high school or
5 possesses a certificate of equivalency of a high school
6 education; and
7 (d)1. Has received an associate degree, or its
8 equivalent, in opticianry from an educational institution the
9 curriculum of which is accredited by an accrediting agency
10 recognized and approved by the United States Department of
11 Education or the Council on Postsecondary Education or
12 approved by the board;
13 2. Is an individual licensed to practice the
14 profession of opticianry pursuant to a regulatory licensing
15 law of another state, territory, or jurisdiction of the United
16 States, who has actively practiced in such other state,
17 territory, or jurisdiction for more than 3 years immediately
18 preceding application, and who meets the examination
19 qualifications as provided in this subsection;
20 3. Is an individual who has actively practiced in
21 another state, territory, or jurisdiction of the United States
22 for more than 5 years immediately preceding application and
23 who provides tax or business records, affidavits, or other
24 satisfactory documentation of such practice and who meets the
25 examination qualifications as provided in this subsection; or
26 4. Has registered as an apprentice with the department
27 and paid a registration fee not to exceed $60, as set by the
28 department rule of the board. The apprentice shall complete
29 6,240 hours of training under the supervision of an optician
30 licensed in this state for at least 1 year or of a physician
31 or optometrist licensed under the laws of this state. These
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1 requirements must be met within 5 years after the date of
2 registration. However, any time spent in a recognized school
3 may be considered as part of the apprenticeship program
4 provided herein. The board may establish administrative
5 processing fees sufficient to cover the cost of administering
6 apprentice rules as promulgated by the board.
7 (3) Any person desiring to operate an optical
8 establishment shall apply to the department, upon forms
9 prescribed by the department, for a permit. The department
10 shall issue a permit to each applicant who:
11 (a) Has completed the permit form and remitted a
12 nonrefundable application fee set by the department in an
13 amount not to exceed $500.
14 Section 100. Subsections (1) and (3) of section
15 484.008, Florida Statutes, are amended to read:
16 484.008 Renewal of license.--
17 (1) The department shall renew a license upon receipt
18 of the renewal application and the fee set by the department
19 board not to exceed $350.
20 (3) The board may by rule prescribe continuing
21 education, not to exceed 20 hours biennially, as a condition
22 for renewal of a license or certificate. The criteria for such
23 programs or courses shall be approved by the board. All
24 education programs which contribute to the advancement,
25 extension, or enhancement of professional skills and
26 knowledge, whether conducted by a nonprofit or a profitmaking
27 entity, are eligible for approval. The department board may
28 establish by rule an application fee not to exceed $200 for
29 anyone seeking approval to provide continuing education
30 courses and may provide by rule for a fee not to exceed $200
31 for renewal of providership.
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1 Section 101. Subsection (2) of section 484.009,
2 Florida Statutes, is amended to read:
3 484.009 Inactive status.--
4 (2) The board shall promulgate rules relating to
5 licenses which have become inactive and for the renewal of
6 inactive licenses. The department board shall prescribe by
7 rule a fee not to exceed $200 for the reactivation of an
8 inactive license and a fee not to exceed $50 for the renewal
9 of an inactive license.
10 Section 102. Section 484.0447, Florida Statutes, is
11 amended to read:
12 484.0447 Fees.--The department board shall by rule
13 establish the following fees to be paid as follows:
14 (1) Examination application fee, not to exceed $150;
15 (2) Examination fee, not to exceed $175, which is
16 refundable if the applicant is found to be ineligible to take
17 the examination;
18 (3) Reexamination fee, not to exceed $175;
19 (4) Initial licensure fee, not to exceed $600;
20 (5) Trainee registration fee, not to exceed $100; and
21 (6) Biennial renewal fee, not to exceed $600.
22 Section 103. Section 486.041, Florida Statutes, is
23 amended to read:
24 486.041 Physical therapist; application for license;
25 fee.--A person who desires to be licensed as a physical
26 therapist shall apply to the department in writing on a form
27 furnished by the department. She or he shall embody in that
28 application evidence under oath, satisfactory to the board, of
29 possession of the qualifications preliminary to examination
30 required by s. 486.031. The applicant shall pay to the
31 department at the time of filing the application a fee
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1 established not to exceed $100, as fixed by the department
2 board.
3 Section 104. Section 486.061, Florida Statutes, is
4 amended to read:
5 486.061 Physical therapist; issuance of license.--The
6 board shall cause a license to be issued through the
7 department to each applicant who successfully establishes
8 eligibility under the terms of this chapter and remits the
9 initial license fee set by the department board, not to exceed
10 $150. Any person who holds a license pursuant to this section
11 may engage in the practice of physical therapy and use the
12 words "physical therapist" or "physiotherapist," or the
13 letters "P.T.," in connection with her or his name or place of
14 business to denote her or his licensure hereunder.
15 Section 105. Subsection (2) of section 486.081,
16 Florida Statutes, is amended to read:
17 486.081 Physical therapist; issuance of license
18 without examination to person passing examination of another
19 authorized examining board; fee.--
20 (2) At the time of making application for licensure
21 without examination pursuant to the terms of this section, the
22 applicant shall pay to the department a fee established not to
23 exceed $175 as fixed by the department board, no part of which
24 will be returned.
25 Section 106. Subsections (1) and (4) of section
26 486.085, Florida Statutes, are amended to read:
27 486.085 Physical therapist; renewal of license;
28 inactive status; reactivation of license; fees.--
29 (1) The department shall renew a license upon receipt
30 of the renewal application and the fee set by the department
31 board not to exceed $200.
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1 (4)(a) The board shall adopt rules relating to
2 application procedures for inactive status, for renewal of
3 inactive licenses, and for the reactivation of licenses. The
4 department board shall prescribe by rule an application fee
5 for inactive status, a renewal fee for inactive status, a
6 delinquency fee, and a fee for the reactivation of a license.
7 None of these fees may exceed the biennial renewal fee
8 established by the board for an active license.
9 (b) The department may not reactivate a license unless
10 the inactive or delinquent licensee has paid any applicable
11 biennial renewal or delinquency fee, or both, and a
12 reactivation fee.
13 (c) The department may not reactivate a license unless
14 the inactive licensee has met the continuing education
15 requirements of subsection (3) or has fulfilled one of the
16 following requirements for reactivation of a license:
17 1. Provides evidence satisfactory to the board that
18 she or he has actively engaged in the practice of physical
19 therapy in good standing in another state for the 4 years
20 immediately preceding the filing of an application for
21 reactivation; or
22 2. Makes application for and passes the examination as
23 provided by s. 486.051 and pays the fee therefor as set by the
24 department provided in s. 486.041.
25 Section 107. Section 486.103, Florida Statutes, is
26 amended to read:
27 486.103 Physical therapist assistant; application for
28 license; fee.--A person who desires to be licensed as a
29 physical therapist assistant shall apply to the department in
30 writing on a form furnished by the department. She or he
31 shall embody in that application evidence under oath,
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1 satisfactory to the board, of possession of the qualifications
2 preliminary to examination required by s. 486.104. The
3 applicant shall pay to the department at the time of filing
4 the application a fee established not to exceed $100, as fixed
5 by the department board.
6 Section 108. Section 486.106, Florida Statutes, is
7 amended to read:
8 486.106 Physical therapist assistant; issuance of
9 license.--The board shall issue a license to each applicant
10 who successfully establishes eligibility under the terms of
11 this chapter and remits the initial license fee set by the
12 department board, not to exceed $100. Any person who holds a
13 license pursuant to this section may use the words "physical
14 therapist assistant," or the letters "P.T.A.," in connection
15 with her or his name to denote licensure hereunder.
16 Section 109. Subsection (2) of section 486.107,
17 Florida Statutes, is amended to read:
18 486.107 Physical therapist assistant; issuance of
19 license without examination to person licensed in another
20 jurisdiction; fee.--
21 (2) At the time of making application for licensing
22 without examination pursuant to the terms of this section, the
23 applicant shall pay to the department a fee not to exceed $175
24 as fixed by the department board, no part of which will be
25 returned.
26 Section 110. Subsections (1) and (4) of section
27 486.108, Florida Statutes, are amended to read:
28 486.108 Physical therapist assistant; renewal of
29 license; inactive status; reactivation of license; fees.--
30
31
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1 (1) The department shall renew a license upon receipt
2 of the renewal application and the fee set by the department
3 board not to exceed $150.
4 (4)(a) The department board shall prescribe by rule an
5 application fee for inactive status, a renewal fee for
6 inactive status, a delinquency fee, and a fee for the
7 reactivation of a license. None of these fees may exceed the
8 biennial renewal fee established by the board for an active
9 license.
10 (b) The department may not reactivate a license unless
11 the inactive or delinquent licensee has paid any applicable
12 biennial renewal or delinquency fee, or both, and a
13 reactivation fee.
14 (c) The department may not reactivate a license unless
15 the inactive licensee has met the continuing education
16 requirements of subsection (3) or has fulfilled one of the
17 following requirements for reactivation of a license:
18 1. Provides evidence satisfactory to the board that
19 she or he has actively engaged in the practice of physical
20 therapy in good standing in another state for the 4 years
21 immediately preceding the filing of an application for
22 reinstatement; or
23 2. Makes application for and passes the examination as
24 provided by s. 486.104 and pays the fee therefor as set by the
25 department provided in s. 486.103.
26 Section 111. Paragraph (a) of subsection (1) and
27 paragraph (a) of subsection (2) of section 490.005, Florida
28 Statutes, are amended to read:
29 490.005 Licensure by examination.--
30 (1) Any person desiring to be licensed as a
31 psychologist shall apply to the department to take the
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1 licensure examination. The department shall license each
2 applicant who the board certifies has:
3 (a) Completed the application form and remitted a
4 nonrefundable application fee not to exceed $500 and an
5 examination fee set by the department board sufficient to
6 cover the actual per applicant cost to the department for
7 development, purchase, and administration of the examination,
8 but not to exceed $500.
9 (2) Any person desiring to be licensed as a school
10 psychologist shall apply to the department to take the
11 licensure examination. The department shall license each
12 applicant who the department certifies has:
13 (a) Satisfactorily completed the application form and
14 submitted a nonrefundable application fee not to exceed $250
15 and an examination fee sufficient to cover the per applicant
16 cost to the department for development, purchase, and
17 administration of the examination, but not to exceed $250 as
18 set by the department rule.
19 Section 112. Paragraph (a) of subsection (1) of
20 section 490.0051, Florida Statutes, is amended to read:
21 490.0051 Provisional licensure; requirements.--
22 (1) The department shall issue a provisional
23 psychology license to each applicant who the board certifies
24 has:
25 (a) Completed the application form and remitted a
26 nonrefundable application fee not to exceed $250, as set by
27 the department board rule.
28 Section 113. Subsection (1) of section 490.007,
29 Florida Statutes, is amended to read:
30 490.007 Renewal of license.--
31
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1 (1) The department or, in the case of psychologists,
2 the board shall prescribe by rule a method for the biennial
3 renewal of a license at a fee set by the department rule, not
4 to exceed $500.
5 Section 114. Subsection (2) of section 491.0045,
6 Florida Statutes, is amended to read:
7 491.0045 Intern registration; requirements.--
8 (2) The department shall register as a clinical social
9 worker intern, marriage and family therapist intern, or mental
10 health counselor intern each applicant who the board certifies
11 has:
12 (a) Completed the application form and remitted a
13 nonrefundable application fee not to exceed $200, as set by
14 the department board rule;
15 (b)1. Completed the education requirements as
16 specified in s. 491.005(1)(c), (3)(c), or (4)(c) for the
17 profession for which he or she is applying for licensure, if
18 needed; and
19 2. Submitted an acceptable supervision plan, as
20 determined by the board, for meeting the practicum,
21 internship, or field work required for licensure that was not
22 satisfied in his or her graduate program.
23 (c) Identified a qualified supervisor.
24 Section 115. Subsection (2) of section 491.0046,
25 Florida Statutes, is amended to read:
26 491.0046 Provisional license; requirements.--
27 (2) The department shall issue a provisional clinical
28 social worker license, provisional marriage and family
29 therapist license, or provisional mental health counselor
30 license to each applicant who the board certifies has:
31
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1 (a) Completed the application form and remitted a
2 nonrefundable application fee not to exceed $100, as set by
3 the department board rule; and
4 (b) Earned a graduate degree in social work, a
5 graduate degree with a major emphasis in marriage and family
6 therapy or a closely related field, or a graduate degree in a
7 major related to the practice of mental health counseling; and
8 (c) Has met the following minimum coursework
9 requirements:
10 1. For clinical social work, a minimum of 15 semester
11 hours or 22 quarter hours of the coursework required by s.
12 491.005(1)(b)2.b.
13 2. For marriage and family therapy, 10 of the courses
14 required by s. 491.005(3)(b)1.a.-c., as determined by the
15 board, and at least 6 semester hours or 9 quarter hours of the
16 course credits must have been completed in the area of
17 marriage and family systems, theories, or techniques.
18 3. For mental health counseling, a minimum of seven of
19 the courses required under s. 491.005(b)1.a.-c.
20 Section 116. Subsections (1), (3), and (4) of section
21 491.005, Florida Statutes, are amended to read:
22 491.005 Licensure by examination.--
23 (1) CLINICAL SOCIAL WORK.--Upon verification of
24 documentation and payment of a fee set by the department not
25 to exceed $200, as set by board rule, plus the actual per
26 applicant cost to the department for purchase of the
27 examination from the American Association of State Social
28 Worker's Boards or a similar national organization, the
29 department shall issue a license as a clinical social worker
30 to an applicant who the board certifies:
31
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1 (a) Has made application therefor and paid the
2 appropriate fee.
3 (b)1. Has received a doctoral degree in social work
4 from a graduate school of social work which at the time the
5 applicant graduated was accredited by an accrediting agency
6 recognized by the United States Department of Education or has
7 received a master's degree in social work from a graduate
8 school of social work which at the time the applicant
9 graduated:
10 a. Was accredited by the Council on Social Work
11 Education;
12 b. Was accredited by the Canadian Association of
13 Schools of Social Work; or
14 c. Has been determined to have been a program
15 equivalent to programs approved by the Council on Social Work
16 Education by the Foreign Equivalency Determination Service of
17 the Council on Social Work Education. An applicant who
18 graduated from a program at a university or college outside of
19 the United States or Canada must present documentation of the
20 equivalency determination from the council in order to
21 qualify.
22 2. The applicant's graduate program must have
23 emphasized direct clinical patient or client health care
24 services, including, but not limited to, coursework in
25 clinical social work, psychiatric social work, medical social
26 work, social casework, psychotherapy, or group therapy. The
27 applicant's graduate program must have included all of the
28 following coursework:
29 a. A supervised field placement which was part of the
30 applicant's advanced concentration in direct practice, during
31
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1 which the applicant provided clinical services directly to
2 clients.
3 b. Completion of 24 semester hours or 32 quarter hours
4 in theory of human behavior and practice methods as courses in
5 clinically oriented services, including a minimum of one
6 course in psychopathology, and no more than one course in
7 research, taken in a school of social work accredited or
8 approved pursuant to subparagraph 1.
9 3. If the course title which appears on the
10 applicant's transcript does not clearly identify the content
11 of the coursework, the applicant shall be required to provide
12 additional documentation, including, but not limited to, a
13 syllabus or catalog description published for the course.
14 (c) Has had not less than 2 years of clinical social
15 work experience, which took place subsequent to completion of
16 a graduate degree in social work at an institution meeting the
17 accreditation requirements of this section, under the
18 supervision of a licensed clinical social worker or the
19 equivalent who is a qualified supervisor as determined by the
20 board. An individual who intends to practice in Florida to
21 satisfy clinical experience requirements must register
22 pursuant to s. 491.0045 prior to commencing practice. If the
23 applicant's graduate program was not a program which
24 emphasized direct clinical patient or client health care
25 services as described in subparagraph (b)2., the supervised
26 experience requirement must take place after the applicant has
27 completed a minimum of 15 semester hours or 22 quarter hours
28 of the coursework required. A doctoral internship may be
29 applied toward the clinical social work experience
30 requirement. The experience requirement may be met by work
31 performed on or off the premises of the supervising clinical
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1 social worker or the equivalent, provided the off-premises
2 work is not the independent private practice rendering of
3 clinical social work that does not have a licensed mental
4 health professional, as determined by the board, on the
5 premises at the same time the intern is providing services.
6 (d) Has passed a theory and practice examination
7 provided by the department for this purpose.
8 (e) Has demonstrated, in a manner designated by rule
9 of the board, knowledge of the laws and rules governing the
10 practice of clinical social work, marriage and family therapy,
11 and mental health counseling.
12 (3) MARRIAGE AND FAMILY THERAPY.--Upon verification of
13 documentation and payment of a fee set by the department not
14 to exceed $200, as set by board rule, plus the actual cost to
15 the department for the purchase of the examination from the
16 Association of Marital and Family Therapy Regulatory Board, or
17 similar national organization, the department shall issue a
18 license as a marriage and family therapist to an applicant who
19 the board certifies:
20 (a) Has made application therefor and paid the
21 appropriate fee.
22 (b)1. Has a minimum of a master's degree with major
23 emphasis in marriage and family therapy, or a closely related
24 field, and has completed all of the following requirements:
25 a. Thirty-six semester hours or 48 quarter hours of
26 graduate coursework, which must include a minimum of 3
27 semester hours or 4 quarter hours of graduate-level course
28 credits in each of the following nine areas: dynamics of
29 marriage and family systems; marriage therapy and counseling
30 theory and techniques; family therapy and counseling theory
31 and techniques; individual human development theories
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1 throughout the life cycle; personality theory or general
2 counseling theory and techniques; psychopathology; human
3 sexuality theory and counseling techniques; psychosocial
4 theory; and substance abuse theory and counseling techniques.
5 Courses in research, evaluation, appraisal, assessment, or
6 testing theories and procedures; thesis or dissertation work;
7 or practicums, internships, or fieldwork may not be applied
8 toward this requirement.
9 b. A minimum of one graduate-level course of 3
10 semester hours or 4 quarter hours in legal, ethical, and
11 professional standards issues in the practice of marriage and
12 family therapy or a course determined by the board to be
13 equivalent.
14 c. A minimum of one graduate-level course of 3
15 semester hours or 4 quarter hours in diagnosis, appraisal,
16 assessment, and testing for individual or interpersonal
17 disorder or dysfunction; and a minimum of one 3-semester-hour
18 or 4-quarter-hour graduate-level course in behavioral research
19 which focuses on the interpretation and application of
20 research data as it applies to clinical practice. Credit for
21 thesis or dissertation work, practicums, internships, or
22 fieldwork may not be applied toward this requirement.
23 d. A minimum of one supervised clinical practicum,
24 internship, or field experience in a marriage and family
25 counseling setting, during which the student provided 180
26 direct client contact hours of marriage and family therapy
27 services under the supervision of an individual who met the
28 requirements for supervision under paragraph (c). This
29 requirement may be met by a supervised practice experience
30 which took place outside the academic arena, but which is
31 certified as equivalent to a graduate-level practicum or
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1 internship program which required a minimum of 180 direct
2 client contact hours of marriage and family therapy services
3 currently offered within an academic program of a college or
4 university accredited by an accrediting agency approved by the
5 United States Department of Education, or an institution which
6 is publicly recognized as a member in good standing with the
7 Association of Universities and Colleges of Canada or a
8 training institution accredited by the Commission on
9 Accreditation for Marriage and Family Therapy Education
10 recognized by the United States Department of Education.
11 Certification shall be required from an official of such
12 college, university, or training institution.
13 2. If the course title which appears on the
14 applicant's transcript does not clearly identify the content
15 of the coursework, the applicant shall be required to provide
16 additional documentation, including, but not limited to, a
17 syllabus or catalog description published for the course.
18
19 The required master's degree must have been received in an
20 institution of higher education which at the time the
21 applicant graduated was: fully accredited by a regional
22 accrediting body recognized by the Commission on Recognition
23 of Postsecondary Accreditation; publicly recognized as a
24 member in good standing with the Association of Universities
25 and Colleges of Canada; or an institution of higher education
26 located outside the United States and Canada, which at the
27 time the applicant was enrolled and at the time the applicant
28 graduated maintained a standard of training substantially
29 equivalent to the standards of training of those institutions
30 in the United States which are accredited by a regional
31 accrediting body recognized by the Commission on Recognition
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1 of Postsecondary Accreditation. Such foreign education and
2 training must have been received in an institution or program
3 of higher education officially recognized by the government of
4 the country in which it is located as an institution or
5 program to train students to practice as professional marriage
6 and family therapists or psychotherapists. The burden of
7 establishing that the requirements of this provision have been
8 met shall be upon the applicant, and the board shall require
9 documentation, such as, but not limited to, an evaluation by a
10 foreign equivalency determination service, as evidence that
11 the applicant's graduate degree program and education were
12 equivalent to an accredited program in this country. An
13 applicant with a master's degree from a program which did not
14 emphasize marriage and family therapy may complete the
15 coursework requirement in a training institution fully
16 accredited by the Commission on Accreditation for Marriage and
17 Family Therapy Education recognized by the United States
18 Department of Education.
19 (c) Has had not less than 2 years of clinical
20 experience during which 50 percent of the applicant's clients
21 were receiving marriage and family therapy services, which
22 must be at the post-master's level under the supervision of a
23 licensed marriage and family therapist with at least 5 years
24 of experience, or the equivalent, who is a qualified
25 supervisor as determined by the board. An individual who
26 intends to practice in Florida to satisfy the clinical
27 experience requirements must register pursuant to s. 491.0045
28 prior to commencing practice. If a graduate has a master's
29 degree with a major emphasis in marriage and family therapy or
30 a closely related field that did not include all the
31 coursework required under sub-subparagraphs (b)1.a.-c., credit
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1 for the post-master's level clinical experience shall not
2 commence until the applicant has completed a minimum of 10 of
3 the courses required under sub-subparagraphs (b)1.a.-c., as
4 determined by the board, and at least 6 semester hours or 9
5 quarter hours of the course credits must have been completed
6 in the area of marriage and family systems, theories, or
7 techniques. Within the 3 years of required experience, the
8 applicant shall provide direct individual, group, or family
9 therapy and counseling, to include the following categories of
10 cases: unmarried dyads, married couples, separating and
11 divorcing couples, and family groups including children. A
12 doctoral internship may be applied toward the clinical
13 experience requirement. The clinical experience requirement
14 may be met by work performed on or off the premises of the
15 supervising marriage and family therapist or the equivalent,
16 provided the off-premises work is not the independent private
17 practice rendering of marriage and family therapy services
18 that does not have a licensed mental health professional, as
19 determined by the board, on the premises at the same time the
20 intern is providing services.
21 (d) Has passed a theory and practice examination
22 provided by the department for this purpose.
23 (e) Has demonstrated, in a manner designated by rule
24 of the board, knowledge of the laws and rules governing the
25 practice of clinical social work, marriage and family therapy,
26 and mental health counseling.
27 (f) For the purposes of dual licensure, the department
28 shall license as a marriage and family therapist any person
29 who meets the requirements of s. 491.0057. Fees for dual
30 licensure shall not exceed those stated in this subsection.
31
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1 (4) MENTAL HEALTH COUNSELING.--Upon verification of
2 documentation and payment of a fee set by the department not
3 to exceed $200, as set by board rule, plus the actual per
4 applicant cost to the department for purchase of the
5 examination from the Professional Examination Service for the
6 National Academy of Certified Clinical Mental Health
7 Counselors or a similar national organization, the department
8 shall issue a license as a mental health counselor to an
9 applicant who the board certifies:
10 (a) Has made application therefor and paid the
11 appropriate fee.
12 (b)1. Has a minimum of an earned master's degree from
13 a mental health counseling program accredited by the Council
14 for the Accreditation of Counseling and Related Educational
15 Programs that consists of at least 60 semester hours or 80
16 quarter hours of clinical and didactic instruction, including
17 a course in human sexuality and a course in substance abuse.
18 If the master's degree is earned from a program related to the
19 practice of mental health counseling that is not accredited by
20 the Council for the Accreditation of Counseling and Related
21 Educational Programs, then the coursework and practicum,
22 internship, or fieldwork must consist of at least 60 semester
23 hours or 80 quarter hours and meet the following requirements:
24 a. Thirty-three semester hours or 44 quarter hours of
25 graduate coursework, which must include a minimum of 3
26 semester hours or 4 quarter hours of graduate-level coursework
27 in each of the following 11 content areas: counseling theories
28 and practice; human growth and development; diagnosis and
29 treatment of psychopathology; human sexuality; group theories
30 and practice; individual evaluation and assessment; career and
31 lifestyle assessment; research and program evaluation; social
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1 and cultural foundations; counseling in community settings;
2 and substance abuse. Courses in research, thesis or
3 dissertation work, practicums, internships, or fieldwork may
4 not be applied toward this requirement.
5 b. A minimum of 3 semester hours or 4 quarter hours of
6 graduate-level coursework in legal, ethical, and professional
7 standards issues in the practice of mental health counseling,
8 which includes goals, objectives, and practices of
9 professional counseling organizations, codes of ethics, legal
10 considerations, standards of preparation, certifications and
11 licensing, and the role identity and professional obligations
12 of mental health counselors. Courses in research, thesis or
13 dissertation work, practicums, internships, or fieldwork may
14 not be applied toward this requirement.
15 c. The equivalent, as determined by the board, of at
16 least 1,000 hours of university-sponsored supervised clinical
17 practicum, internship, or field experience as required in the
18 accrediting standards of the Council for Accreditation of
19 Counseling and Related Educational Programs for mental health
20 counseling programs. This experience may not be used to
21 satisfy the post-master's clinical experience requirement.
22 2. If the course title which appears on the
23 applicant's transcript does not clearly identify the content
24 of the coursework, the applicant shall be required to provide
25 additional documentation, including, but not limited to, a
26 syllabus or catalog description published for the course.
27
28 Education and training in mental health counseling must have
29 been received in an institution of higher education which at
30 the time the applicant graduated was: fully accredited by a
31 regional accrediting body recognized by the Commission on
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1 Recognition of Postsecondary Accreditation; publicly
2 recognized as a member in good standing with the Association
3 of Universities and Colleges of Canada; or an institution of
4 higher education located outside the United States and Canada,
5 which at the time the applicant was enrolled and at the time
6 the applicant graduated maintained a standard of training
7 substantially equivalent to the standards of training of those
8 institutions in the United States which are accredited by a
9 regional accrediting body recognized by the Commission on
10 Recognition of Postsecondary Accreditation. Such foreign
11 education and training must have been received in an
12 institution or program of higher education officially
13 recognized by the government of the country in which it is
14 located as an institution or program to train students to
15 practice as mental health counselors. The burden of
16 establishing that the requirements of this provision have been
17 met shall be upon the applicant, and the board shall require
18 documentation, such as, but not limited to, an evaluation by a
19 foreign equivalency determination service, as evidence that
20 the applicant's graduate degree program and education were
21 equivalent to an accredited program in this country.
22 (c) Has had not less than 2 years of clinical
23 experience in mental health counseling, which must be at the
24 post-master's level under the supervision of a licensed mental
25 health counselor or the equivalent who is a qualified
26 supervisor as determined by the board. An individual who
27 intends to practice in Florida to satisfy the clinical
28 experience requirements must register pursuant to s. 491.0045
29 prior to commencing practice. If a graduate has a master's
30 degree with a major related to the practice of mental health
31 counseling that did not include all the coursework required
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1 under sub-subparagraphs (b)1.a.-b., credit for the
2 post-master's level clinical experience shall not commence
3 until the applicant has completed a minimum of seven of the
4 courses required under sub-subparagraphs (b)1.a.-b., as
5 determined by the board, one of which must be a course in
6 psychopathology or abnormal psychology. A doctoral internship
7 may be applied toward the clinical experience requirement. The
8 clinical experience requirement may be met by work performed
9 on or off the premises of the supervising mental health
10 counselor or the equivalent, provided the off-premises work is
11 not the independent private practice rendering of services
12 that does not have a licensed mental health professional, as
13 determined by the board, on the premises at the same time the
14 intern is providing services.
15 (d) Has passed a theory and practice examination
16 provided by the department for this purpose.
17 (e) Has demonstrated, in a manner designated by rule
18 of the board, knowledge of the laws and rules governing the
19 practice of clinical social work, marriage and family therapy,
20 and mental health counseling.
21 Section 117. Subsections (1) and (3) of section
22 491.007, Florida Statutes, are amended to read:
23 491.007 Renewal of license, registration, or
24 certificate.--
25 (1) The board or department shall prescribe by rule a
26 method for the biennial renewal of licenses or certificates,
27 which shall include payment of at a fee set by rule, not to
28 exceed $250.
29 (3) The board or department shall prescribe by rule a
30 method for the biennial renewal of an intern registration,
31
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1 which shall include payment of at a fee set by rule, not to
2 exceed $100.
3 Section 118. Subsection (1) of section 491.008,
4 Florida Statutes, is amended to read:
5 491.008 Inactive status; reactivation of licenses;
6 fees.--
7 (1) Inactive status is the licensure status that
8 results when a licensee has applied to be placed on inactive
9 status and has paid to the department a $50 fee set by to the
10 department.
11 (a) An inactive license may be renewed biennially for
12 a fee set by the department $50 per biennium.
13 (b) An inactive license may be reactivated by
14 submitting an application to the department, completing the
15 continuing education requirements, complying with any
16 background investigation required, complying with other
17 requirements prescribed by the board, and paying a $50
18 reactivation fee set by the department plus the current
19 biennial renewal fee at the time of reactivation.
20 Section 119. Subsections (1) and (5) of section
21 491.0145, Florida Statutes, are amended to read:
22 491.0145 Certified master social worker.--The
23 department may certify an applicant for a designation as a
24 certified master social worker upon the following conditions:
25 (1) The applicant completes an application to be
26 provided by the department and pays a nonrefundable fee not to
27 exceed $250 to be established by rule of the department. The
28 completed application must be received by the department at
29 least 60 days before the date of the examination in order for
30 the applicant to qualify to take the scheduled exam.
31
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1 (5) The applicant has passed an examination required
2 by the department for this purpose. The nonrefundable fee for
3 such examination shall be may not exceed $250 as set by the
4 department rule.
5 Section 120. Subsections (1), (3), and (4) of section
6 456.011, Florida Statutes, are amended to read:
7 456.011 Boards; organization; meetings; compensation
8 and travel expenses.--
9 (1) Each board within the department shall comply with
10 the provisions of this chapter section.
11 (3) The board shall meet at least once annually and
12 may meet as often as is necessary. Meetings shall be conducted
13 through teleconferencing or other technological means, unless
14 disciplinary hearings involving standard of care, sexual
15 misconduct, fraud, impairment, or felony convictions;
16 licensure denial hearings; or controversial rule hearings are
17 being conducted or unless otherwise approved in advance of the
18 meeting by the director of the Division of Medical Quality
19 Assurance. The chairperson or a quorum of the board shall have
20 the authority to call other meetings, except as provided above
21 relating to in-person meetings. A quorum shall be necessary
22 for the conduct of official business by the board or any
23 committee thereof. Unless otherwise provided by law, 51
24 percent or more of the appointed members of the board or any
25 committee, when applicable, shall constitute a quorum. The
26 membership of committees of the board, except as otherwise
27 authorized pursuant to this chapter or the applicable practice
28 act, shall be composed of currently appointed members of the
29 board. The vote of a majority of the members of the quorum
30 shall be necessary for any official action by the board or
31 committee. Three consecutive unexcused absences or absences
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1 constituting 50 percent or more of the board's meetings within
2 any 12-month period shall cause the board membership of the
3 member in question to become void, and the position shall be
4 considered vacant. The board, or the department when there is
5 no board, shall, by rule, define unexcused absences.
6 (4) Unless otherwise provided by law, a board member
7 or former board member serving on a probable cause panel shall
8 be compensated $50 for each day in attendance at an official
9 meeting of the board and for each day of participation in any
10 other business involving the board. Each board shall adopt
11 rules defining the phrase "other business involving the
12 board," but the phrase may not routinely be defined to include
13 telephone conference calls that last less than 4 hours. A
14 board member also shall be entitled to reimbursement for
15 expenses pursuant to s. 112.061. Travel out of state shall
16 require the prior approval of the secretary.
17 Section 121. Subsection (2) of section 456.013,
18 Florida Statutes, is amended to read:
19 456.013 Department; general licensing provisions.--
20 (2) Before the issuance of any license, the department
21 shall may charge an initial license fee as determined by rule
22 of the applicable board or, if no such board exists, by rule
23 of the department. Upon receipt of the appropriate license
24 fee, the department shall issue a license to any person
25 certified by the appropriate board, or its designee, as having
26 met the licensure requirements imposed by law or rule. The
27 license shall consist of a wallet-size identification card and
28 a wall card measuring 6 1/2 inches by 5 inches. In addition
29 to the two-part license, the department, at the time of
30 initial licensure, shall issue a wall certificate suitable for
31 conspicuous display, which shall be no smaller than 8 1/2
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1 inches by 14 inches. The licensee shall surrender to the
2 department the wallet-size identification card, the wall card,
3 and the wall certificate, if one has been issued by the
4 department, if the licensee's license is revoked.
5 Section 122. Section 456.017, Florida Statutes, is
6 amended to read:
7 456.017 Department of Health; examinations.--
8 (1)(a) The department shall provide, contract, or
9 approve services for the development, preparation,
10 administration, scoring, score reporting, and evaluation of
11 all examinations, in consultation with the appropriate board.
12 The department shall certify that examinations developed and
13 approved by the department adequately and reliably measure an
14 applicant's ability to practice the profession regulated by
15 the department. After an examination developed or approved by
16 the department has been administered, the board, or the
17 department when there is no board, may reject any question
18 which does not reliably measure the general areas of
19 competency specified in the rules of the board. The department
20 may contract for the preparation, administration, scoring,
21 score reporting, and evaluation of examinations, when such
22 services are available and approved by the board.
23 (b) For each examination developed by the department
24 or contracted vendor, to the extent not otherwise specified by
25 statute, the board, or the department when there is no board,
26 shall by rule specify the general areas of competency to be
27 covered by each examination, the relative weight to be
28 assigned in grading each area tested, and the score necessary
29 to achieve a passing grade. The department shall assess, and
30 fees, where applicable, to cover the actual cost for any
31 purchase, development, validation, and administration, and
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1 defense of required examinations. This subsection does not
2 apply to national examinations approved and administered
3 pursuant to paragraph (c). If a practical examination is
4 deemed to be necessary, the rules shall specify the criteria
5 by which examiners are to be selected, the grading criteria to
6 be used by the examiner, the relative weight to be assigned in
7 grading each criterion, and the score necessary to achieve a
8 passing grade. When a mandatory standardization exercise for a
9 practical examination is required by law, the board, or the
10 department when there is no board, may conduct such exercise.
11 Therefore, board members, or employees of the department when
12 there is no board, may serve as examiners at a practical
13 examination with the consent of the board or department, as
14 appropriate.
15 (c)1. The board, or the department when there is no
16 board, shall may approve by rule the use of one or more any
17 national examinations examination which the department has
18 certified as meeting requirements of national examinations and
19 generally accepted testing standards pursuant to department
20 rules. Providers of examinations seeking certification by the
21 department shall pay the actual costs incurred by the
22 department in making a determination regarding the
23 certification. The name and number of a candidate may be
24 provided to a national contractor for the limited purpose of
25 preparing the grade tape and information to be returned to the
26 board or department; or, to the extent otherwise specified by
27 rule, the candidate may apply directly to the vendor of the
28 national examination and supply test score information to the
29 department. The department may delegate to the board the duty
30 to provide and administer the examination. Any national
31 examination approved by a board, or the department when there
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1 is no board, prior to October 1, 1997, is deemed certified
2 under this paragraph.
3 2. The board, or the department when there is no
4 board, shall approve and begin administering a national
5 examination no later than December 31, 2002. Neither the board
6 nor the department may administer a state-developed written
7 examination after December 31, 2002, notwithstanding any other
8 provision of law. The examination may be administered
9 electronically if adequate security measures are used, as
10 determined by rule of the department.
11 3. The board, or the department when there is no
12 board, may administer a state-developed practical or clinical
13 examination, as required by the applicable practice act, if
14 all costs of development, validation, administration, review,
15 and defense are paid by the examination candidate prior to the
16 administration of the examination. If a national practical or
17 clinical examination is available and certified by the
18 department pursuant to this section, the board, or the
19 department when there is no board, may administer the national
20 examination.
21 4. It is the intent of the Legislature to reduce the
22 costs associated with state examinations and to encourage the
23 use of national examinations whenever possible. It is further
24 the intent of the Legislature to remove state-developed
25 examination as a barrier to licensure in this state so long as
26 patient health and safety is not jeopardized.
27 (d) Each board, or the department when there is no
28 board, shall adopt rules regarding the security and monitoring
29 of examinations. The department shall implement those rules
30 adopted by the respective boards. In order to maintain the
31 security of examinations, the department may employ the
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1 procedures set forth in s. 456.065 to seek fines and
2 injunctive relief against an examinee who violates the
3 provisions of s. 456.018 or the rules adopted pursuant to this
4 paragraph. The department, or any agent thereof, may, for the
5 purposes of investigation, confiscate any written,
6 photographic, or recording material or device in the
7 possession of the examinee at the examination site which the
8 department deems necessary to enforce such provisions or
9 rules. The scores of examination candidates shall be provided
10 to the candidates electronically using a candidate
11 identification number, and the department shall post the
12 aggregate scores on the department's website without
13 identifying the names of the candidates.
14 (e) If the professional board with jurisdiction over
15 an examination concurs, the department may, for a fee, share
16 with any other state's licensing authority or a national
17 testing entity an examination or examination item bank
18 developed by or for the department unless prohibited by a
19 contract entered into by the department for development or
20 purchase of the examination. The department, with the
21 concurrence of the appropriate board, shall establish
22 guidelines that ensure security of a shared exam and shall
23 require that any other state's licensing authority comply with
24 those guidelines. Those guidelines shall be approved by the
25 appropriate professional board. All fees paid by the user
26 shall be applied to the department's examination and
27 development program for professions regulated by this chapter.
28 (f) The department may adopt rules necessary to
29 administer this subsection.
30 (2) For each examination developed by the department
31 or a contracted vendor, the board, or the department when
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1 there is no board, shall adopt rules providing for
2 reexamination of any applicants who failed an examination
3 developed by the department or a contracted vendor. If both a
4 written and a practical examination are given, an applicant
5 shall be required to retake only the portion of the
6 examination on which the applicant failed to achieve a passing
7 grade, if the applicant successfully passes that portion
8 within a reasonable time, as determined by rule of the board,
9 or the department when there is no board, of passing the other
10 portion. Except for national examinations approved and
11 administered pursuant to this section, the department shall
12 provide procedures for applicants who fail an examination
13 developed by the department or a contracted vendor to review
14 their examination questions, answers, papers, grades, and
15 grading key for the questions the candidate answered
16 incorrectly or, if not feasible, the parts of the examination
17 failed. Applicants shall bear the actual cost for the
18 department to provide examination review pursuant to this
19 subsection. An applicant may waive in writing the
20 confidentiality of the applicant's examination grades. In
21 order to protect the integrity of the examination and the
22 examination questions, no person other than the candidate,
23 members of the board, and persons employed by or under
24 contract with the department for examination services shall be
25 able to review the questions, answers, papers, grades, and
26 grading key, as provided by s. 456.014. However, if a
27 candidate has missed less than 10 percent of the questions on
28 an examination and has filed a formal legal challenge to the
29 validity of the examination questions, the candidate or the
30 candidate's attorney on behalf of the candidate may review the
31 questions. The candidate and the candidate's attorney shall
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1 maintain the confidentiality of the examination questions,
2 answers, papers, grades, and grading key.
3 (3) For each examination developed or administered by
4 the department or a contracted vendor, an accurate record of
5 each applicant's examination questions, answers, papers,
6 grades, and grading key shall be kept for a period of not less
7 than 2 years immediately following the examination, and such
8 record shall thereafter be maintained or destroyed as provided
9 in chapters 119 and 257. This subsection does not apply to
10 national examinations approved and administered pursuant to
11 this section.
12 (4) Meetings of any member of the department or of any
13 board within the department held for the exclusive purpose of
14 creating or reviewing licensure examination questions or
15 proposed examination questions are exempt from the provisions
16 of s. 286.011 and s. 24(b), Art. I of the State Constitution.
17 Any public records, such as tape recordings, minutes, or
18 notes, generated during or as a result of such meetings are
19 confidential and exempt from the provisions of s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution. However, these
21 exemptions shall not affect the right of any person to review
22 an examination as provided in subsection (2).
23 (5) For examinations developed by the department or a
24 contracted vendor, each board, or the department when there is
25 no board, may provide licensure examinations in an applicant's
26 native language. Notwithstanding any other provision of law,
27 applicants for examination or reexamination pursuant to this
28 subsection shall bear the full cost for the department's
29 development, preparation, validation, administration, grading,
30 and evaluation of any examination in a language other than
31 English prior to the examination being administered. Requests
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1 for translated examinations must be on file in the board
2 office at least 6 months prior to the scheduled examination.
3 When determining whether it is in the public interest to allow
4 the examination to be translated into a language other than
5 English, the board shall consider the percentage of the
6 population who speak the applicant's native language.
7 Applicants must apply for translation to the applicable board
8 at least 6 months prior to the scheduled examination.
9 (6) In addition to meeting any other requirements for
10 licensure by examination or by endorsement, and
11 notwithstanding the provisions in paragraph (1)(c), an
12 applicant may be required by a board, or the department when
13 there is no board, to certify competency in state laws and
14 rules relating to the applicable practice act. Beginning
15 October 1, 2001, all laws and rules examinations shall be
16 administered electronically.
17 Section 123. Subsection (1) of section 456.035,
18 Florida Statutes, is amended to read:
19 456.035 Address of record.--
20 (1) Each licensee of the department is solely
21 responsible for notifying the department in writing of the
22 licensee's current mailing address and place of practice, as
23 defined by rule of the board or the department if there is no
24 board. Electronic notification shall be allowed by the
25 department; however, it shall be the responsibility of the
26 licensee to ensure that the electronic notification was
27 received by the department. A licensee's failure to notify the
28 department of a change of address constitutes a violation of
29 this section, and the licensee may be disciplined by the board
30 or the department if there is no board.
31
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1 Section 124. Subsections (3), (4), (7), and (8) of
2 section 456.036, Florida Statutes, are amended to read:
3 456.036 Licenses; active and inactive status;
4 delinquency.--
5 (3) Each board, or The department if there is no
6 board, shall by rule impose a fee for renewal of an active or
7 inactive status license. The renewal fee for an inactive
8 status license may not exceed the fee for an active status
9 license.
10 (4) Notwithstanding any other provision of law to the
11 contrary, a licensee may change licensure status at any time.
12 (a) Active status licensees choosing inactive status
13 at the time of license renewal must pay the inactive status
14 renewal fee, and, if applicable, the delinquency fee and the
15 fee to change licensure status set by the department. Active
16 status licensees choosing inactive status at any other time
17 than at the time of license renewal must pay the fee to change
18 licensure status.
19 (b) An inactive status licensee may change to active
20 status at any time, if the licensee meets all requirements for
21 active status. Inactive status licensees choosing active
22 status at the time of license renewal must pay the active
23 status renewal fee, any applicable reactivation fees as set by
24 the board, or the department if there is no board, and, if
25 applicable, the delinquency fee and the fee to change
26 licensure status. Inactive status licensees choosing active
27 status at any other time than at the time of license renewal
28 must pay the difference between the inactive status renewal
29 fee and the active status renewal fee, if any exists, any
30 applicable reactivation fees as set by the board, or the
31
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1 department if there is no board, and the fee to change
2 licensure status.
3 (7) Each board, or The department if there is no
4 board, shall by rule impose an additional delinquency fee, not
5 to exceed the biennial renewal fee for an active status
6 license, on a delinquent licensee when such licensee applies
7 for active or inactive status.
8 (8) Each board, or The department if there is no
9 board, shall by rule impose an additional fee, not to exceed
10 the biennial renewal fee for an active status license, for
11 processing a licensee's request to change licensure status at
12 any time other than at the beginning of a licensure cycle.
13 Section 125. Subsection (5) of section 456.037,
14 Florida Statutes, is amended to read:
15 456.037 Business establishments; requirements for
16 active status licenses; delinquency; discipline;
17 applicability.--
18 (5) This section applies to any business establishment
19 registered, permitted, or licensed by the department to do
20 business. Business establishments include, but are not limited
21 to, dental laboratories, electrology facilities, massage
22 establishments, optical establishments, optometry branch
23 offices, and pharmacies.
24 Section 126. Subsections (2) and (4), paragraph (c) of
25 subsection (9), and subsection (10) of section 456.073,
26 Florida Statutes, are amended to read:
27 456.073 Disciplinary proceedings.--Disciplinary
28 proceedings for each board shall be within the jurisdiction of
29 the department.
30 (2) The department shall allocate sufficient and
31 adequately trained staff to expeditiously and thoroughly
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1 determine legal sufficiency and investigate all legally
2 sufficient complaints. For purposes of this section, it is the
3 intent of the Legislature that the term "expeditiously" means
4 that the department complete the report of its initial
5 investigative findings and recommendations concerning the
6 existence of probable cause within 6 months after its receipt
7 of the complaint. The failure of the department, for
8 disciplinary cases under its jurisdiction, to comply with the
9 time limits of this section while investigating a complaint
10 against a licensee constitutes harmless error in any
11 subsequent disciplinary action unless a court finds that
12 either the fairness of the proceeding or the correctness of
13 the action may have been impaired by a material error in
14 procedure or a failure to follow prescribed procedure. When
15 its investigation is complete and legally sufficient, and when
16 the department is recommending that probable cause be found or
17 a letter of guidance be issued in lieu of a finding of
18 probable cause, the department shall prepare and submit to the
19 probable cause panel of the appropriate regulatory board the
20 investigative report of the department. The report shall
21 contain the investigative findings and the recommendations of
22 the department concerning the existence of probable cause. The
23 department shall not recommend a letter of guidance in lieu of
24 finding probable cause if the subject has already been issued
25 a letter of guidance for a related offense. At any time after
26 legal sufficiency is found, the department may dismiss any
27 case, or any part thereof, if the department determines that
28 there is insufficient evidence to support the prosecution of
29 allegations contained therein. The department shall provide a
30 detailed report to the appropriate probable cause panel prior
31 to dismissal of any case or part thereof, and to the subject
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1 of the complaint after dismissal of any case or part thereof,
2 under this section. For cases dismissed prior to a finding of
3 probable cause, such report is confidential and exempt from s.
4 119.07(1). The probable cause panel shall have access, upon
5 request, to the investigative files pertaining to a case prior
6 to dismissal of such case. If the department dismisses a case,
7 the probable cause panel may retain independent legal counsel,
8 employ investigators, and continue the investigation and
9 prosecution of the case as it deems necessary.
10 (4) The determination as to whether probable cause
11 exists shall be made by majority vote of a probable cause
12 panel of the board, or by the department, as appropriate. Each
13 regulatory board shall provide by rule that the determination
14 of probable cause shall be made by a panel of its members or
15 by the department. Each board may provide by rule for multiple
16 probable cause panels composed of at least two members. Each
17 board may provide by rule that one or more members of the
18 panel or panels may be a former board member. The length of
19 term or repetition of service of any such former board member
20 on a probable cause panel may vary according to the direction
21 of the board when authorized by board rule. Any probable cause
22 panel must include one of the board's former or present
23 consumer members, if one is available, is willing to serve,
24 and is authorized to do so by the board chair. Any probable
25 cause panel must include a present board member. Any probable
26 cause panel must include a former or present professional
27 board member. However, any former professional board member
28 serving on the probable cause panel must hold an active valid
29 license for that profession. All proceedings of the panel are
30 exempt from s. 286.011 until 10 days after probable cause has
31 been found to exist by the panel or until the subject of the
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1 investigation waives his or her privilege of confidentiality.
2 The probable cause panel may make a reasonable request, and
3 upon such request the department shall provide such additional
4 investigative information as is necessary to the determination
5 of probable cause. A request for additional investigative
6 information shall be made within 15 days from the date of
7 receipt by the probable cause panel of the investigative
8 report of the department or the agency. The probable cause
9 panel or the department, as may be appropriate, shall make its
10 determination of probable cause within 30 days after receipt
11 by it of the final investigative report of the department. The
12 secretary may grant extensions of the 15-day and the 30-day
13 time limits. In lieu of a finding of probable cause, the
14 probable cause panel, or the department if there is no board,
15 may issue a letter of guidance to the subject. If, within the
16 30-day time limit, as may be extended, the probable cause
17 panel does not make a determination regarding the existence of
18 probable cause or does not issue a letter of guidance in lieu
19 of a finding of probable cause, the department must make a
20 determination regarding the existence of probable cause within
21 10 days after the expiration of the time limit. If the
22 probable cause panel finds that probable cause exists, it
23 shall direct the department to file a formal complaint against
24 the licensee. The department shall follow the directions of
25 the probable cause panel regarding the filing of a formal
26 complaint. If directed to do so, the department shall file a
27 formal complaint against the subject of the investigation and
28 prosecute that complaint pursuant to chapter 120. However, the
29 department may decide not to prosecute the complaint if it
30 finds that probable cause has been improvidently found by the
31 panel. In such cases, the department shall refer the matter to
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1 the board. The board may then file a formal complaint and
2 prosecute the complaint pursuant to chapter 120. The
3 department shall also refer to the board any investigation or
4 disciplinary proceeding not before the Division of
5 Administrative Hearings pursuant to chapter 120 or otherwise
6 completed by the department within 1 year after the filing of
7 a complaint. The department, for disciplinary cases under its
8 jurisdiction, must establish a uniform reporting system to
9 quarterly refer to each board the status of any investigation
10 or disciplinary proceeding that is not before the Division of
11 Administrative Hearings or otherwise completed by the
12 department within 1 year after the filing of the complaint.
13 Annually, The department if there is no board, or each board
14 must establish a plan to expedite reduce or otherwise close
15 any investigation or disciplinary proceeding that is not
16 before the Division of Administrative Hearings or otherwise
17 completed by the department within 1 year after the filing of
18 the complaint. A probable cause panel or a board may retain
19 independent legal counsel, employ investigators, and continue
20 the investigation as it deems necessary; all costs thereof
21 shall be paid from a trust fund used by the department to
22 implement this chapter. All proceedings of the probable cause
23 panel are exempt from s. 120.525.
24 (9)
25 (c) In any disciplinary case for which probable cause
26 is not found, the department shall so inform the person who
27 filed the complaint and notify that person that he or she may,
28 within 60 days, provide any additional information to the
29 department probable cause panel which may be relevant to the
30 decision. In any administrative proceeding under s. 120.57,
31 the person who filed the disciplinary complaint shall have the
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1 right to present oral or written communication relating to the
2 alleged disciplinary violations or to the appropriate penalty.
3 (10) The complaint and all information obtained
4 pursuant to the investigation by the department are
5 confidential and exempt from s. 119.07(1) until 10 days after
6 probable cause has been found to exist by the probable cause
7 panel or by the department, or until the regulated
8 professional or subject of the investigation waives his or her
9 privilege of confidentiality, whichever occurs first. Upon
10 completion of the investigation and a recommendation by the
11 department to find probable cause, and pursuant to a written
12 request by the subject or the subject's attorney, the
13 department shall provide the subject an opportunity to inspect
14 the investigative file or, at the subject's expense, forward
15 to the subject a copy of the investigative file.
16 Notwithstanding s. 456.057, the subject may inspect or receive
17 a copy of any expert witness report or patient record
18 connected with the investigation if the subject agrees in
19 writing to maintain the confidentiality of any information
20 received under this subsection until 10 days after probable
21 cause is found and to maintain the confidentiality of patient
22 records pursuant to s. 456.057. The subject may file a written
23 response to the information contained in the investigative
24 file. Such response must be filed within 20 days of mailing by
25 the department, unless an extension of time has been granted
26 by the department. This subsection does not prohibit the
27 department from providing such information to any law
28 enforcement agency or to any other regulatory agency.
29 Section 127. Section 456.081, Florida Statutes, is
30 amended to read:
31
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1 456.081 Publication of information.--The department
2 and the boards shall have the authority to advise licensees
3 periodically, through the publication of a newsletter on the
4 department's website, about information that the department or
5 the board determines is of interest to the industry. Unless
6 otherwise prohibited by law, the department and the boards
7 shall publish a summary of final orders resulting in
8 disciplinary action fines, suspensions, or revocations, and
9 any other information the department or the board determines
10 is of interest to the public.
11 Section 128. Subsections (1), (2), and (4) of section
12 456.072, Florida Statutes, are amended to read:
13 456.072 Grounds for discipline; penalties;
14 enforcement.--
15 (1) The following acts shall constitute grounds for
16 which the disciplinary actions specified in subsection (2) may
17 be taken:
18 (a) Making misleading, deceptive, or fraudulent
19 representations in or related to the practice of the
20 licensee's profession.
21 (b) Intentionally violating any rule adopted by the
22 board or the department, as appropriate.
23 (c) Being convicted or found guilty of, or entering a
24 plea of nolo contendere to, regardless of adjudication, a
25 crime in any jurisdiction which relates to the practice of, or
26 the ability to practice, a licensee's profession.
27 (d) Using a Class III or a Class IV laser device or
28 product, as defined by federal regulations, without having
29 complied with the rules adopted pursuant to s. 501.122(2)
30 governing the registration of such devices.
31
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1 (e) Failing to comply with the educational course
2 requirements for human immunodeficiency virus and acquired
3 immune deficiency syndrome.
4 (f) Having a license or the authority to practice any
5 regulated profession revoked, suspended, or otherwise acted
6 against, including the denial of licensure, by the licensing
7 authority of any jurisdiction, including its agencies or
8 subdivisions, for a violation that would constitute a
9 violation under Florida law. The licensing authority's
10 acceptance of a relinquishment of licensure, stipulation,
11 consent order, or other settlement, offered in response to or
12 in anticipation of the filing of charges against the license,
13 shall be construed as action against the license.
14 (g) Having been found liable in a civil proceeding for
15 knowingly filing a false report or complaint with the
16 department against another licensee.
17 (h) Attempting to obtain, obtaining, or renewing a
18 license to practice a profession by bribery, by fraudulent
19 misrepresentation, or through an error of the department or
20 the board.
21 (i) Except as provided in s. 465.016, failing to
22 report to the department any person who the licensee knows is
23 in violation of this chapter, the chapter regulating the
24 alleged violator, or the rules of the department or the board.
25 (j) Aiding, assisting, procuring, employing, or
26 advising any unlicensed person or entity to practice a
27 profession contrary to this chapter, the chapter regulating
28 the profession, or the rules of the department or the board.
29 (k) Failing to perform any statutory or legal
30 obligation placed upon a licensee.
31
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1 (l) Making or filing a report which the licensee knows
2 to be false, intentionally or negligently failing to file a
3 report or record required by state or federal law, or
4 willfully impeding or obstructing another person to do so.
5 Such reports or records shall include only those that are
6 signed in the capacity of a licensee.
7 (m) Making deceptive, untrue, or fraudulent
8 representations in or related to the practice of a profession
9 or employing a trick or scheme in or related to the practice
10 of a profession.
11 (n) Exercising influence on the patient or client for
12 the purpose of financial gain of the licensee or a third
13 party.
14 (o) Practicing or offering to practice beyond the
15 scope permitted by law or accepting and performing
16 professional responsibilities the licensee knows, or has
17 reason to know, the licensee is not competent to perform.
18 (p) Delegating or contracting for the performance of
19 professional responsibilities by a person when the licensee
20 delegating or contracting for performance of such
21 responsibilities knows, or has reason to know, such person is
22 not qualified by training, experience, and authorization when
23 required to perform them.
24 (q) Violating any provision of this chapter, the
25 applicable professional practice act, a rule of the department
26 or the board, or a lawful order of the department or the
27 board, or failing to comply with a lawfully issued subpoena of
28 the department.
29 (r) Improperly interfering with an investigation or
30 inspection authorized by statute, or with any disciplinary
31 proceeding.
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1 (s) Failing to comply with the educational course
2 requirements for domestic violence.
3 (t) Failing to comply with the requirements of ss.
4 381.026 and 381.0261 to provide patients with information
5 about their patient rights and how to file a patient
6 complaint.
7 (u) Engaging or attempting to engage in sexual
8 misconduct as defined and prohibited in s. 456.063(1).
9 (v) Failing to comply with the requirements for
10 profiling and credentialing, including, but not limited to,
11 failing to provide initial information, failing to timely
12 provide updated information, or making misleading, untrue,
13 deceptive, or fraudulent representations on a profile,
14 credentialing, or initial or renewal licensure application.
15 (w) Failing to report to the board, or the department
16 if there is no board, in writing within 30 days after the
17 licensee has been convicted or found guilty of, or entered a
18 plea of nolo contendere to, regardless of adjudication, a
19 crime in any jurisdiction. Convictions, findings,
20 adjudications, and pleas entered into prior to the enactment
21 of this paragraph must be reported in writing to the board, or
22 department if there is no board, on or before October 1, 1999.
23 (x) Using information about people involved in motor
24 vehicle accidents which has been derived from accident reports
25 made by law enforcement officers or persons involved in
26 accidents pursuant to s. 316.066, or using information
27 published in a newspaper or other news publication or through
28 a radio or television broadcast that has used information
29 gained from such reports, for the purposes of commercial or
30 any other solicitation whatsoever of the people involved in
31 such accidents.
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1 (y) Being unable to practice with reasonable skill and
2 safety to patients by reason of illness or use of alcohol,
3 drugs, narcotics, chemicals, or any other type of material or
4 as a result of any mental or physical condition. In enforcing
5 this paragraph, the department shall have, upon a finding of
6 the secretary or the secretary's designee that probable cause
7 exists to believe that the licensee is unable to practice
8 because of the reasons stated in this paragraph, the authority
9 to issue an order to compel a licensee to submit to a mental
10 or physical examination by physicians designated by the
11 department. If the licensee refuses to comply with such order,
12 the department's order directing such examination may be
13 enforced by filing a petition for enforcement in the circuit
14 court where the licensee resides or does business. The
15 department shall be entitled to the summary procedure provided
16 in s. 51.011. A licensee or certificateholder affected under
17 this paragraph shall at reasonable intervals be afforded an
18 opportunity to demonstrate that he or she can resume the
19 competent practice of his or her profession with reasonable
20 skill and safety to patients.
21 (z) Testing positive for any drug, as defined in s.
22 112.0455, on any confirmed preemployment or employer-ordered
23 drug screening when the practitioner does not have a lawful
24 prescription and legitimate medical reason for using such
25 drug.
26 (aa) Violating any provision of this chapter or any
27 rules adopted pursuant thereto.
28 (2) When the board, or the department when there is no
29 board, finds any person guilty of the grounds set forth in
30 subsection (1) or of any grounds set forth in the applicable
31 practice act, including conduct constituting a substantial
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1 violation of subsection (1) or a violation of the applicable
2 practice act which occurred prior to obtaining a license, it
3 may enter an order imposing one or more of the following
4 penalties:
5 (a) Refusal to certify, or to certify with
6 restrictions, an application for a license.
7 (b) Suspension or permanent revocation of a license.
8 (c) Restriction of practice or license, including, but
9 not limited to, restricting the licensee from practicing in
10 certain settings, restricting the licensee to work only under
11 designated conditions or in certain settings, restricting the
12 licensee from performing or providing designated clinical and
13 administrative services, restricting the licensee from
14 practicing more than a designated number of hours, or any
15 other restriction found to be necessary for the protection of
16 the public health, safety, and welfare.
17 (d) Imposition of an administrative fine not to exceed
18 $10,000 for each count or separate offense.
19 (e) Issuance of a reprimand or letter of concern.
20 (f) Placement of the licensee on probation for a
21 period of time and subject to such conditions as the board, or
22 the department when there is no board, may specify. Those
23 conditions may include, but are not limited to, requiring the
24 licensee to undergo treatment, attend continuing education
25 courses, submit to be reexamined, work under the supervision
26 of another licensee, or satisfy any terms which are reasonably
27 tailored to the violations found.
28 (g) Corrective action.
29 (h) Imposition of an administrative fine in accordance
30 with s. 381.0261 for violations regarding patient rights.
31
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1 (i) Refund of fees billed and collected from the
2 patient or a third party on behalf of the patient.
3 (j) Requirement that the practitioner undergo remedial
4 education.
5
6 In determining what action is appropriate, the board, or
7 department when there is no board, must first consider what
8 sanctions are necessary to protect the public or to compensate
9 the patient. Only after those sanctions have been imposed may
10 the disciplining authority consider and include in the order
11 requirements designed to rehabilitate the practitioner. All
12 costs associated with compliance with orders issued under this
13 subsection are the obligation of the practitioner.
14 (4) In addition to any other discipline imposed
15 pursuant to this section or discipline imposed for a violation
16 of any practice act, the board, or the department when there
17 is no board, shall may assess costs related to the
18 investigation and prosecution of the case. In any case where
19 the board or the department imposes a fine or assessment and
20 the fine or assessment is not paid within a reasonable time,
21 such reasonable time to be prescribed in the rules of the
22 board, or the department when there is no board, or in the
23 order assessing such fines or costs, the department or the
24 Department of Legal Affairs may contract for the collection
25 of, or bring a civil action to recover, the fine or
26 assessment.
27 Section 129. Subsection (3) of section 456.079,
28 Florida Statutes, is amended to read:
29 456.079 Disciplinary guidelines.--
30 (3) A specific finding in the final order of
31 mitigating or aggravating circumstances shall allow the board
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1 to impose a penalty other than that provided for in such
2 guidelines. If applicable, the board, or the department if
3 there is no board, shall adopt by rule disciplinary guidelines
4 to designate possible mitigating and aggravating circumstances
5 and the variation and range of penalties permitted for such
6 circumstances.
7 Section 130. Subsections (1) and (2) of section
8 457.109, Florida Statutes, are amended to read:
9 457.109 Disciplinary actions; grounds; action by the
10 board.--
11 (1) The following acts shall constitute grounds for
12 denial of a license or disciplinary action, as specified in s.
13 456.072(2) which the disciplinary actions specified in
14 subsection (2) may be taken:
15 (a) Attempting to obtain, obtaining, or renewing a
16 license to practice acupuncture by bribery, by fraudulent
17 misrepresentations, or through an error of the department.
18 (b) Having a license to practice acupuncture revoked,
19 suspended, or otherwise acted against, including the denial of
20 licensure, by the licensing authority of another state,
21 territory, or country.
22 (c) Being convicted or found guilty, regardless of
23 adjudication, in any jurisdiction of a crime which directly
24 relates to the practice of acupuncture or to the ability to
25 practice acupuncture. Any plea of nolo contendere shall be
26 considered a conviction for purposes of this chapter.
27 (d) False, deceptive, or misleading advertising or
28 advertising which claims that acupuncture is useful in curing
29 any disease.
30 (e) Advertising, practicing, or attempting to practice
31 under a name other than one's own.
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1 (f) Failing to report to the department any person who
2 the licensee knows is in violation of this chapter or of the
3 rules of the department.
4 (g) Aiding, assisting, procuring, employing, or
5 advising any unlicensed person to practice acupuncture
6 contrary to this chapter or to a rule of the department.
7 (h) Failing to perform any statutory or legal
8 obligation placed upon a licensed acupuncturist.
9 (i) Making or filing a report which the licensee knows
10 to be false, intentionally or negligently failing to file a
11 report or record required by state or federal law, willfully
12 impeding or obstructing such filing or inducing another person
13 to do so. Such reports or records shall include only those
14 which are signed in the capacity as a licensed acupuncturist.
15 (j) Exercising influence within a
16 patient-acupuncturist relationship for purposes of engaging a
17 patient in sexual activity. A patient shall be presumed to be
18 incapable of giving free, full, and informed consent to sexual
19 activity with his or her acupuncturist.
20 (k) Making deceptive, untrue, or fraudulent
21 representations in the practice of acupuncture or employing a
22 trick or scheme in the practice of acupuncture when such
23 scheme or trick fails to conform to the generally prevailing
24 standards of treatment in the community.
25 (l) Soliciting patients, either personally or through
26 an agent, through the use of fraud, intimidation, undue
27 influence, or a form of overreaching or vexatious conduct. A
28 solicitation is any communication which directly or implicitly
29 requests an immediate oral response from the recipient.
30 (m) Failing to keep written medical records justifying
31 the course of treatment of the patient.
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1 (n) Exercising influence on the patient to exploit the
2 patient for the financial gain of the licensee or of a third
3 party.
4 (o) Being unable to practice acupuncture with
5 reasonable skill and safety to patients by reason of illness
6 or use of alcohol, drugs, narcotics, chemicals, or any other
7 type of material or as a result of any mental or physical
8 condition. In enforcing this paragraph, upon a finding of the
9 secretary or the secretary's designee that probable cause
10 exists to believe that the licensee is unable to serve as an
11 acupuncturist due to the reasons stated in this paragraph, the
12 department shall have the authority to issue an order to
13 compel the licensee to submit to a mental or physical
14 examination by a physician designated by the department. If
15 the licensee refuses to comply with such order, the
16 department's order directing such examination may be enforced
17 by filing a petition for enforcement in the circuit court
18 where the licensee resides or serves as an acupuncturist. The
19 licensee against whom the petition is filed shall not be named
20 or identified by initials in any public court record or
21 document, and the proceedings shall be closed to the public.
22 The department shall be entitled to the summary procedure
23 provided in s. 51.011. An acupuncturist affected under this
24 paragraph shall at reasonable intervals be afforded an
25 opportunity to demonstrate that he or she can resume the
26 competent practice of acupuncture with reasonable skill and
27 safety to patients. In any proceeding under this paragraph,
28 neither the record of proceedings nor the orders entered by
29 the department shall be used against an acupuncturist in any
30 other proceeding.
31
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1 (p) Gross or repeated malpractice or the failure to
2 practice acupuncture with that level of care, skill, and
3 treatment which is recognized by a reasonably prudent similar
4 acupuncturist as being acceptable under similar conditions and
5 circumstances.
6 (q) Practicing or offering to practice beyond the
7 scope permitted by law or accepting and performing
8 professional responsibilities which the licensee knows or has
9 reason to know that he or she is not competent to perform.
10 (r) Delegating professional responsibilities to a
11 person when the licensee delegating such responsibilities
12 knows or has reason to know that such person is not qualified
13 by training, experience, or licensure to perform them.
14 (s) Violating any provision of this chapter, a rule of
15 the department, or a lawful order of the board department
16 previously entered in a disciplinary hearing or failing to
17 comply with a lawfully issued subpoena of the department.
18 (t) Conspiring with another to commit an act, or
19 committing an act, which would tend to coerce, intimidate, or
20 preclude another licensee from lawfully advertising his or her
21 services.
22 (u) Fraud or deceit or gross negligence, incompetence,
23 or misconduct in the operation of a course of study.
24 (v) Failing to comply with state, county, or municipal
25 regulations or reporting requirements relating to public
26 health and the control of contagious and infectious diseases.
27 (w) Failing to comply with any rule of the board
28 relating to health and safety, including, but not limited to,
29 the sterilization of needles and equipment and the disposal of
30 potentially infectious materials.
31
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1 (x) Violating any provision of this chapter or chapter
2 456, or any rules adopted pursuant thereto.
3 (2) The board may enter an order denying licensure or
4 imposing any of the penalties in s. 456.072(2) against any
5 applicant for licensure or licensee who is found guilty of
6 violating any provision of subsection (1) of this section or
7 who is found guilty of violating any provision of s.
8 456.072(1). When the board finds any person guilty of any of
9 the acts set forth in subsection (1), it may enter an order
10 imposing one or more of the following penalties:
11 (a) Refusal to certify to the department an
12 application for licensure.
13 (b) Revocation or suspension of a license.
14 (c) Restriction of practice.
15 (d) Imposition of an administrative fine not to exceed
16 $1,000 for each count or separate offense.
17 (e) Issuance of a reprimand.
18 (f) Placement of the acupuncturist on probation for a
19 period of time and subject to such conditions as the board may
20 specify.
21 Section 131. Subsection (6) of section 458.320,
22 Florida Statutes, is amended to read:
23 458.320 Financial responsibility.--
24 (6) Any deceptive, untrue, or fraudulent
25 representation by the licensee with respect to any provision
26 of this section shall result in permanent disqualification
27 from any exemption to mandated financial responsibility as
28 provided in this section and shall constitute grounds for
29 disciplinary action under as specified in s. 458.331.
30 Section 132. Subsections (1) and (2) of section
31 458.331, Florida Statutes, are amended to read:
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1 458.331 Grounds for disciplinary action; action by the
2 board and department.--
3 (1) The following acts shall constitute grounds for
4 denial of a license or disciplinary action, as specified in s.
5 456.072(2) which the disciplinary actions specified in
6 subsection (2) may be taken:
7 (a) Attempting to obtain, obtaining, or renewing a
8 license to practice medicine by bribery, by fraudulent
9 misrepresentations, or through an error of the department or
10 the board.
11 (b) Having a license or the authority to practice
12 medicine revoked, suspended, or otherwise acted against,
13 including the denial of licensure, by the licensing authority
14 of any jurisdiction, including its agencies or subdivisions.
15 The licensing authority's acceptance of a physician's
16 relinquishment of a license, stipulation, consent order, or
17 other settlement, offered in response to or in anticipation of
18 the filing of administrative charges against the physician's
19 license, shall be construed as action against the physician's
20 license.
21 (c) Being convicted or found guilty of, or entering a
22 plea of nolo contendere to, regardless of adjudication, a
23 crime in any jurisdiction which directly relates to the
24 practice of medicine or to the ability to practice medicine.
25 (d) False, deceptive, or misleading advertising.
26 (e) Failing to report to the department any person who
27 the licensee knows is in violation of this chapter or of the
28 rules of the department or the board. A treatment provider
29 approved pursuant to s. 456.076 shall provide the department
30 or consultant with information in accordance with the
31 requirements of s. 456.076(3), (4), (5), and (6).
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1 (f) Aiding, assisting, procuring, or advising any
2 unlicensed person to practice medicine contrary to this
3 chapter or to a rule of the department or the board.
4 (g) Failing to perform any statutory or legal
5 obligation placed upon a licensed physician.
6 (h) Making or filing a report which the licensee knows
7 to be false, intentionally or negligently failing to file a
8 report or record required by state or federal law, willfully
9 impeding or obstructing such filing or inducing another person
10 to do so. Such reports or records shall include only those
11 which are signed in the capacity as a licensed physician.
12 (i) Paying or receiving any commission, bonus,
13 kickback, or rebate, or engaging in any split-fee arrangement
14 in any form whatsoever with a physician, organization, agency,
15 or person, either directly or indirectly, for patients
16 referred to providers of health care goods and services,
17 including, but not limited to, hospitals, nursing homes,
18 clinical laboratories, ambulatory surgical centers, or
19 pharmacies. The provisions of this paragraph shall not be
20 construed to prevent a physician from receiving a fee for
21 professional consultation services.
22 (j) Exercising influence within a patient-physician
23 relationship for purposes of engaging a patient in sexual
24 activity. A patient shall be presumed to be incapable of
25 giving free, full, and informed consent to sexual activity
26 with his or her physician.
27 (k) Making deceptive, untrue, or fraudulent
28 representations in or related to the practice of medicine or
29 employing a trick or scheme in the practice of medicine.
30 (l) Soliciting patients, either personally or through
31 an agent, through the use of fraud, intimidation, undue
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1 influence, or a form of overreaching or vexatious conduct. A
2 solicitation is any communication which directly or implicitly
3 requests an immediate oral response from the recipient.
4 (m) Failing to keep legible, as defined by department
5 rule in consultation with the board, medical records that
6 identify the licensed physician or the physician extender and
7 supervising physician by name and professional title who is or
8 are responsible for rendering, ordering, supervising, or
9 billing for each diagnostic or treatment procedure and that
10 justify the course of treatment of the patient, including, but
11 not limited to, patient histories; examination results; test
12 results; records of drugs prescribed, dispensed, or
13 administered; and reports of consultations and
14 hospitalizations.
15 (n) Exercising influence on the patient or client in
16 such a manner as to exploit the patient or client for
17 financial gain of the licensee or of a third party, which
18 shall include, but not be limited to, the promoting or selling
19 of services, goods, appliances, or drugs.
20 (o) Promoting or advertising on any prescription form
21 of a community pharmacy unless the form shall also state "This
22 prescription may be filled at any pharmacy of your choice."
23 (p) Performing professional services which have not
24 been duly authorized by the patient or client, or his or her
25 legal representative, except as provided in s. 743.064, s.
26 766.103, or s. 768.13.
27 (q) Prescribing, dispensing, administering, mixing, or
28 otherwise preparing a legend drug, including any controlled
29 substance, other than in the course of the physician's
30 professional practice. For the purposes of this paragraph, it
31 shall be legally presumed that prescribing, dispensing,
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1 administering, mixing, or otherwise preparing legend drugs,
2 including all controlled substances, inappropriately or in
3 excessive or inappropriate quantities is not in the best
4 interest of the patient and is not in the course of the
5 physician's professional practice, without regard to his or
6 her intent.
7 (r) Prescribing, dispensing, or administering any
8 medicinal drug appearing on any schedule set forth in chapter
9 893 by the physician to himself or herself, except one
10 prescribed, dispensed, or administered to the physician by
11 another practitioner authorized to prescribe, dispense, or
12 administer medicinal drugs.
13 (s) Being unable to practice medicine with reasonable
14 skill and safety to patients by reason of illness or use of
15 alcohol, drugs, narcotics, chemicals, or any other type of
16 material or as a result of any mental or physical condition.
17 In enforcing this paragraph, the department shall have, upon a
18 finding of the secretary or the secretary's designee that
19 probable cause exists to believe that the licensee is unable
20 to practice medicine because of the reasons stated in this
21 paragraph, the authority to issue an order to compel a
22 licensee to submit to a mental or physical examination by
23 physicians designated by the department. If the licensee
24 refuses to comply with such order, the department's order
25 directing such examination may be enforced by filing a
26 petition for enforcement in the circuit court where the
27 licensee resides or does business. The licensee against whom
28 the petition is filed may not be named or identified by
29 initials in any public court records or documents, and the
30 proceedings shall be closed to the public. The department
31 shall be entitled to the summary procedure provided in s.
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1 51.011. A licensee or certificateholder affected under this
2 paragraph shall at reasonable intervals be afforded an
3 opportunity to demonstrate that he or she can resume the
4 competent practice of medicine with reasonable skill and
5 safety to patients.
6 (t) Gross or repeated malpractice or the failure to
7 practice medicine with that level of care, skill, and
8 treatment which is recognized by a reasonably prudent similar
9 physician as being acceptable under similar conditions and
10 circumstances. The board shall give great weight to the
11 provisions of s. 766.102 when enforcing this paragraph. As
12 used in this paragraph, "repeated malpractice" includes, but
13 is not limited to, three or more claims for medical
14 malpractice within the previous 5-year period resulting in
15 indemnities being paid in excess of $25,000 each to the
16 claimant in a judgment or settlement and which incidents
17 involved negligent conduct by the physician. As used in this
18 paragraph, "gross malpractice" or "the failure to practice
19 medicine with that level of care, skill, and treatment which
20 is recognized by a reasonably prudent similar physician as
21 being acceptable under similar conditions and circumstances,"
22 shall not be construed so as to require more than one
23 instance, event, or act. Nothing in this paragraph shall be
24 construed to require that a physician be incompetent to
25 practice medicine in order to be disciplined pursuant to this
26 paragraph.
27 (u) Performing any procedure or prescribing any
28 therapy which, by the prevailing standards of medical practice
29 in the community, would constitute experimentation on a human
30 subject, without first obtaining full, informed, and written
31 consent.
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1 (v) Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities which the licensee knows or has
4 reason to know that he or she is not competent to perform. The
5 board may establish by rule standards of practice and
6 standards of care for particular practice settings, including,
7 but not limited to, education and training, equipment and
8 supplies, medications including anesthetics, assistance of and
9 delegation to other personnel, transfer agreements,
10 sterilization, records, performance of complex or multiple
11 procedures, informed consent, and policy and procedure
12 manuals.
13 (w) Delegating professional responsibilities to a
14 person when the licensee delegating such responsibilities
15 knows or has reason to know that such person is not qualified
16 by training, experience, or licensure to perform them.
17 (x) Violating any provision of this chapter, a rule of
18 the board or department, or a lawful order of the board or
19 department previously entered in a disciplinary hearing or
20 failing to comply with a lawfully issued subpoena of the
21 department.
22 (y) Conspiring with another licensee or with any other
23 person to commit an act, or committing an act, which would
24 tend to coerce, intimidate, or preclude another licensee from
25 lawfully advertising his or her services.
26 (z) Procuring, or aiding or abetting in the procuring
27 of, an unlawful termination of pregnancy.
28 (aa) Presigning blank prescription forms.
29 (bb) Prescribing any medicinal drug appearing on
30 Schedule II in chapter 893 by the physician for office use.
31
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1 (cc) Prescribing, ordering, dispensing, administering,
2 supplying, selling, or giving any drug which is a Schedule II
3 amphetamine or a Schedule II sympathomimetic amine drug or any
4 compound thereof, pursuant to chapter 893, to or for any
5 person except for:
6 1. The treatment of narcolepsy; hyperkinesis;
7 behavioral syndrome characterized by the developmentally
8 inappropriate symptoms of moderate to severe distractability,
9 short attention span, hyperactivity, emotional lability, and
10 impulsivity; or drug-induced brain dysfunction;
11 2. The differential diagnostic psychiatric evaluation
12 of depression or the treatment of depression shown to be
13 refractory to other therapeutic modalities; or
14 3. The clinical investigation of the effects of such
15 drugs or compounds when an investigative protocol therefor is
16 submitted to, reviewed, and approved by the board before such
17 investigation is begun.
18 (dd) Failing to supervise adequately the activities of
19 those physician assistants, paramedics, emergency medical
20 technicians, or advanced registered nurse practitioners acting
21 under the supervision of the physician.
22 (ee) Prescribing, ordering, dispensing, administering,
23 supplying, selling, or giving growth hormones, testosterone or
24 its analogs, human chorionic gonadotropin (HCG), or other
25 hormones for the purpose of muscle building or to enhance
26 athletic performance. For the purposes of this subsection, the
27 term "muscle building" does not include the treatment of
28 injured muscle. A prescription written for the drug products
29 listed above may be dispensed by the pharmacist with the
30 presumption that the prescription is for legitimate medical
31 use.
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1 (ff) Prescribing, ordering, dispensing, administering,
2 supplying, selling, or giving amygdalin (laetrile) to any
3 person.
4 (gg) Misrepresenting or concealing a material fact at
5 any time during any phase of a licensing or disciplinary
6 process or procedure.
7 (hh) Improperly interfering with an investigation or
8 with any disciplinary proceeding.
9 (ii) Failing to report to the department any licensee
10 under this chapter or under chapter 459 who the physician or
11 physician assistant knows has violated the grounds for
12 disciplinary action set out in the law under which that person
13 is licensed and who provides health care services in a
14 facility licensed under chapter 395, or a health maintenance
15 organization certificated under part I of chapter 641, in
16 which the physician or physician assistant also provides
17 services.
18 (jj) Being found by any court in this state to have
19 provided corroborating written medical expert opinion attached
20 to any statutorily required notice of claim or intent or to
21 any statutorily required response rejecting a claim, without
22 reasonable investigation.
23 (kk) Failing to report to the board, in writing,
24 within 30 days if action as defined in paragraph (b) has been
25 taken against one's license to practice medicine in another
26 state, territory, or country.
27 (ll) Advertising or holding oneself out as a
28 board-certified specialist, if not qualified under s.
29 458.3312, in violation of this chapter.
30 (mm) Failing to comply with the requirements of ss.
31 381.026 and 381.0261 to provide patients with information
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1 about their patient rights and how to file a patient
2 complaint.
3 (nn) Violating any provision of this chapter or
4 chapter 456, or any rules adopted pursuant thereto.
5 (2) The board may enter an order denying licensure or
6 imposing any of the penalties in s. 456.072(2) against any
7 applicant for licensure or licensee who is found guilty of
8 violating any provision of subsection (1) of this section or
9 who is found guilty of violating any provision of s.
10 456.072(1). When the board finds any person guilty of any of
11 the grounds set forth in subsection (1), including conduct
12 that would constitute a substantial violation of subsection
13 (1) which occurred prior to licensure, it may enter an order
14 imposing one or more of the following penalties:
15 (a) Refusal to certify, or certification with
16 restrictions, to the department an application for licensure,
17 certification, or registration.
18 (b) Revocation or suspension of a license.
19 (c) Restriction of practice.
20 (d) Imposition of an administrative fine not to exceed
21 $10,000 for each count or separate offense.
22 (e) Issuance of a reprimand.
23 (f) Placement of the physician on probation for a
24 period of time and subject to such conditions as the board may
25 specify, including, but not limited to, requiring the
26 physician to submit to treatment, to attend continuing
27 education courses, to submit to reexamination, or to work
28 under the supervision of another physician.
29 (g) Issuance of a letter of concern.
30 (h) Corrective action.
31
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1 (i) Refund of fees billed to and collected from the
2 patient.
3 (j) Imposition of an administrative fine in accordance
4 with s. 381.0261 for violations regarding patient rights.
5
6 In determining what action is appropriate, the board must
7 first consider what sanctions are necessary to protect the
8 public or to compensate the patient. Only after those
9 sanctions have been imposed may the disciplining authority
10 consider and include in the order requirements designed to
11 rehabilitate the physician. All costs associated with
12 compliance with orders issued under this subsection are the
13 obligation of the physician.
14 Section 133. Subsection (6) of section 459.0085,
15 Florida Statutes, is amended to read:
16 459.0085 Financial responsibility.--
17 (6) Any deceptive, untrue, or fraudulent
18 representation by the licensee with respect to any provision
19 of this section shall result in permanent disqualification
20 from any exemption to mandated financial responsibility as
21 provided in this section and shall constitute grounds for
22 disciplinary action under as specified in s. 459.015.
23 Section 134. Subsections (1) and (2) of section
24 459.015, Florida Statutes, are amended to read:
25 459.015 Grounds for disciplinary action; action by the
26 board and department.--
27 (1) The following acts shall constitute grounds for
28 denial of a license or disciplinary action, as specified in s.
29 456.072(2) which the disciplinary actions specified in
30 subsection (2) may be taken:
31
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1 (a) Attempting to obtain, obtaining, or renewing a
2 license to practice osteopathic medicine or a certificate
3 issued under this chapter by bribery, by fraudulent
4 misrepresentations, or through an error of the department or
5 the board.
6 (b) Having a license or the authority to practice
7 osteopathic medicine revoked, suspended, or otherwise acted
8 against, including the denial of licensure, by the licensing
9 authority of any jurisdiction, including its agencies or
10 subdivisions. The licensing authority's acceptance of a
11 physician's relinquishment of license, stipulation, consent
12 order, or other settlement offered in response to or in
13 anticipation of the filing of administrative charges against
14 the physician shall be construed as action against the
15 physician's license.
16 (c) Being convicted or found guilty, regardless of
17 adjudication, of a crime in any jurisdiction which directly
18 relates to the practice of osteopathic medicine or to the
19 ability to practice osteopathic medicine. A plea of nolo
20 contendere shall create a rebuttable presumption of guilt to
21 the underlying criminal charges.
22 (d) False, deceptive, or misleading advertising.
23 (e) Failing to report to the department or the
24 department's impaired professional consultant any person who
25 the licensee or certificateholder knows is in violation of
26 this chapter or of the rules of the department or the board.
27 A treatment provider, approved pursuant to s. 456.076, shall
28 provide the department or consultant with information in
29 accordance with the requirements of s. 456.076(3), (4), (5),
30 and (6).
31
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1 (f) Aiding, assisting, procuring, or advising any
2 unlicensed person to practice osteopathic medicine contrary to
3 this chapter or to a rule of the department or the board.
4 (g) Failing to perform any statutory or legal
5 obligation placed upon a licensed osteopathic physician.
6 (h) Giving false testimony in the course of any legal
7 or administrative proceedings relating to the practice of
8 medicine or the delivery of health care services.
9 (i) Making or filing a report which the licensee knows
10 to be false, intentionally or negligently failing to file a
11 report or record required by state or federal law, willfully
12 impeding or obstructing such filing, or inducing another
13 person to do so. Such reports or records shall include only
14 those which are signed in the capacity as a licensed
15 osteopathic physician.
16 (j) Paying or receiving any commission, bonus,
17 kickback, or rebate, or engaging in any split-fee arrangement
18 in any form whatsoever with a physician, organization, agency,
19 person, partnership, firm, corporation, or other business
20 entity, for patients referred to providers of health care
21 goods and services, including, but not limited to, hospitals,
22 nursing homes, clinical laboratories, ambulatory surgical
23 centers, or pharmacies. The provisions of this paragraph
24 shall not be construed to prevent an osteopathic physician
25 from receiving a fee for professional consultation services.
26 (k) Refusing to provide health care based on a
27 patient's participation in pending or past litigation or
28 participation in any disciplinary action conducted pursuant to
29 this chapter, unless such litigation or disciplinary action
30 directly involves the osteopathic physician requested to
31 provide services.
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1 (l) Exercising influence within a patient-physician
2 relationship for purposes of engaging a patient in sexual
3 activity. A patient shall be presumed to be incapable of
4 giving free, full, and informed consent to sexual activity
5 with his or her physician.
6 (m) Making deceptive, untrue, or fraudulent
7 representations in or related to the practice of osteopathic
8 medicine or employing a trick or scheme in the practice of
9 osteopathic medicine.
10 (n) Soliciting patients, either personally or through
11 an agent, through the use of fraud, intimidation, undue
12 influence, or forms of overreaching or vexatious conduct. A
13 solicitation is any communication which directly or implicitly
14 requests an immediate oral response from the recipient.
15 (o) Failing to keep legible, as defined by department
16 rule in consultation with the board, medical records that
17 identify the licensed osteopathic physician or the osteopathic
18 physician extender and supervising osteopathic physician by
19 name and professional title who is or are responsible for
20 rendering, ordering, supervising, or billing for each
21 diagnostic or treatment procedure and that justify the course
22 of treatment of the patient, including, but not limited to,
23 patient histories; examination results; test results; records
24 of drugs prescribed, dispensed, or administered; and reports
25 of consultations and hospitalizations.
26 (p) Fraudulently altering or destroying records
27 relating to patient care or treatment, including, but not
28 limited to, patient histories, examination results, and test
29 results.
30 (q) Exercising influence on the patient or client in
31 such a manner as to exploit the patient or client for
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1 financial gain of the licensee or of a third party which shall
2 include, but not be limited to, the promotion or sale of
3 services, goods, appliances, or drugs.
4 (r) Promoting or advertising on any prescription form
5 of a community pharmacy, unless the form shall also state
6 "This prescription may be filled at any pharmacy of your
7 choice."
8 (s) Performing professional services which have not
9 been duly authorized by the patient or client or his or her
10 legal representative except as provided in s. 743.064, s.
11 766.103, or s. 768.13.
12 (t) Prescribing, dispensing, administering, supplying,
13 selling, giving, mixing, or otherwise preparing a legend drug,
14 including all controlled substances, other than in the course
15 of the osteopathic physician's professional practice. For the
16 purposes of this paragraph, it shall be legally presumed that
17 prescribing, dispensing, administering, supplying, selling,
18 giving, mixing, or otherwise preparing legend drugs, including
19 all controlled substances, inappropriately or in excessive or
20 inappropriate quantities is not in the best interest of the
21 patient and is not in the course of the osteopathic
22 physician's professional practice, without regard to his or
23 her intent.
24 (u) Prescribing or dispensing any medicinal drug
25 appearing on any schedule set forth in chapter 893 by the
26 osteopathic physician for himself or herself or administering
27 any such drug by the osteopathic physician to himself or
28 herself unless such drug is prescribed for the osteopathic
29 physician by another practitioner authorized to prescribe
30 medicinal drugs.
31
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1 (v) Prescribing, ordering, dispensing, administering,
2 supplying, selling, or giving amygdalin (laetrile) to any
3 person.
4 (w) Being unable to practice osteopathic medicine with
5 reasonable skill and safety to patients by reason of illness
6 or use of alcohol, drugs, narcotics, chemicals, or any other
7 type of material or as a result of any mental or physical
8 condition. In enforcing this paragraph, the department shall,
9 upon a finding of the secretary or the secretary's designee
10 that probable cause exists to believe that the licensee is
11 unable to practice medicine because of the reasons stated in
12 this paragraph, have the authority to issue an order to compel
13 a licensee to submit to a mental or physical examination by
14 physicians designated by the department. If the licensee
15 refuses to comply with such order, the department's order
16 directing such examination may be enforced by filing a
17 petition for enforcement in the circuit court where the
18 licensee resides or does business. The licensee against whom
19 the petition is filed shall not be named or identified by
20 initials in any public court records or documents, and the
21 proceedings shall be closed to the public. The department
22 shall be entitled to the summary procedure provided in s.
23 51.011. A licensee or certificateholder affected under this
24 paragraph shall at reasonable intervals be afforded an
25 opportunity to demonstrate that he or she can resume the
26 competent practice of medicine with reasonable skill and
27 safety to patients.
28 (x) Gross or repeated malpractice or the failure to
29 practice osteopathic medicine with that level of care, skill,
30 and treatment which is recognized by a reasonably prudent
31 similar osteopathic physician as being acceptable under
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1 similar conditions and circumstances. The board shall give
2 great weight to the provisions of s. 766.102 when enforcing
3 this paragraph. As used in this paragraph, "repeated
4 malpractice" includes, but is not limited to, three or more
5 claims for medical malpractice within the previous 5-year
6 period resulting in indemnities being paid in excess of
7 $25,000 each to the claimant in a judgment or settlement and
8 which incidents involved negligent conduct by the osteopathic
9 physician. As used in this paragraph, "gross malpractice" or
10 "the failure to practice osteopathic medicine with that level
11 of care, skill, and treatment which is recognized by a
12 reasonably prudent similar osteopathic physician as being
13 acceptable under similar conditions and circumstances" shall
14 not be construed so as to require more than one instance,
15 event, or act. Nothing in this paragraph shall be construed to
16 require that an osteopathic physician be incompetent to
17 practice osteopathic medicine in order to be disciplined
18 pursuant to this paragraph. A recommended order by an
19 administrative law judge or a final order of the board finding
20 a violation under this paragraph shall specify whether the
21 licensee was found to have committed "gross malpractice,"
22 "repeated malpractice," or "failure to practice osteopathic
23 medicine with that level of care, skill, and treatment which
24 is recognized as being acceptable under similar conditions and
25 circumstances," or any combination thereof, and any
26 publication by the board shall so specify.
27 (y) Performing any procedure or prescribing any
28 therapy which, by the prevailing standards of medical practice
29 in the community, would constitute experimentation on human
30 subjects, without first obtaining full, informed, and written
31 consent.
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1 (z) Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities which the licensee knows or has
4 reason to know that he or she is not competent to perform. The
5 board may establish by rule standards of practice and
6 standards of care for particular practice settings, including,
7 but not limited to, education and training, equipment and
8 supplies, medications including anesthetics, assistance of and
9 delegation to other personnel, transfer agreements,
10 sterilization, records, performance of complex or multiple
11 procedures, informed consent, and policy and procedure
12 manuals.
13 (aa) Delegating professional responsibilities to a
14 person when the licensee delegating such responsibilities
15 knows or has reason to know that such person is not qualified
16 by training, experience, or licensure to perform them.
17 (bb) Violating any provision of this chapter, a rule
18 of the board or department, or a lawful order of the board or
19 department previously entered in a disciplinary hearing or
20 failing to comply with a lawfully issued subpoena of the board
21 or department.
22 (cc) Conspiring with another licensee or with any
23 other person to commit an act, or committing an act, which
24 would tend to coerce, intimidate, or preclude another licensee
25 from lawfully advertising his or her services.
26 (dd) Procuring, or aiding or abetting in the procuring
27 of, an unlawful termination of pregnancy.
28 (ee) Presigning blank prescription forms.
29 (ff) Prescribing any medicinal drug appearing on
30 Schedule II in chapter 893 by the osteopathic physician for
31 office use.
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1 (gg) Prescribing, ordering, dispensing, administering,
2 supplying, selling, or giving any drug which is a Schedule II
3 amphetamine or Schedule II sympathomimetic amine drug or any
4 compound thereof, pursuant to chapter 893, to or for any
5 person except for:
6 1. The treatment of narcolepsy; hyperkinesis;
7 behavioral syndrome characterized by the developmentally
8 inappropriate symptoms of moderate to severe distractability,
9 short attention span, hyperactivity, emotional lability, and
10 impulsivity; or drug-induced brain dysfunction;
11 2. The differential diagnostic psychiatric evaluation
12 of depression or the treatment of depression shown to be
13 refractory to other therapeutic modalities; or
14 3. The clinical investigation of the effects of such
15 drugs or compounds when an investigative protocol therefor is
16 submitted to, reviewed, and approved by the board before such
17 investigation is begun.
18 (hh) Failing to supervise adequately the activities of
19 those physician assistants, paramedics, emergency medical
20 technicians, advanced registered nurse practitioners, or other
21 persons acting under the supervision of the osteopathic
22 physician.
23 (ii) Prescribing, ordering, dispensing, administering,
24 supplying, selling, or giving growth hormones, testosterone or
25 its analogs, human chorionic gonadotropin (HCG), or other
26 hormones for the purpose of muscle building or to enhance
27 athletic performance. For the purposes of this subsection, the
28 term "muscle building" does not include the treatment of
29 injured muscle. A prescription written for the drug products
30 listed above may be dispensed by the pharmacist with the
31
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1 presumption that the prescription is for legitimate medical
2 use.
3 (jj) Misrepresenting or concealing a material fact at
4 any time during any phase of a licensing or disciplinary
5 process or procedure.
6 (kk) Improperly interfering with an investigation or
7 with any disciplinary proceeding.
8 (ll) Failing to report to the department any licensee
9 under chapter 458 or under this chapter who the osteopathic
10 physician or physician assistant knows has violated the
11 grounds for disciplinary action set out in the law under which
12 that person is licensed and who provides health care services
13 in a facility licensed under chapter 395, or a health
14 maintenance organization certificated under part I of chapter
15 641, in which the osteopathic physician or physician assistant
16 also provides services.
17 (mm) Being found by any court in this state to have
18 provided corroborating written medical expert opinion attached
19 to any statutorily required notice of claim or intent or to
20 any statutorily required response rejecting a claim, without
21 reasonable investigation.
22 (nn) Advertising or holding oneself out as a
23 board-certified specialist in violation of this chapter.
24 (oo) Failing to comply with the requirements of ss.
25 381.026 and 381.0261 to provide patients with information
26 about their patient rights and how to file a patient
27 complaint.
28 (pp) Violating any provision of this chapter or
29 chapter 456, or any rules adopted pursuant thereto.
30 (2) The board may enter an order denying licensure or
31 imposing any of the penalties in s. 456.072(2) against any
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1 applicant for licensure or licensee who is found guilty of
2 violating any provision of subsection (1) of this section or
3 who is found guilty of violating any provision of s.
4 456.072(1). When the board finds any person guilty of any of
5 the grounds set forth in subsection (1), it may enter an order
6 imposing one or more of the following penalties:
7 (a) Refusal to certify, or certify with restrictions,
8 to the department an application for certification, licensure,
9 renewal, or reactivation.
10 (b) Revocation or suspension of a license or
11 certificate.
12 (c) Restriction of practice.
13 (d) Imposition of an administrative fine not to exceed
14 $10,000 for each count or separate offense.
15 (e) Issuance of a reprimand.
16 (f) Issuance of a letter of concern.
17 (g) Placement of the osteopathic physician on
18 probation for a period of time and subject to such conditions
19 as the board may specify, including, but not limited to,
20 requiring the osteopathic physician to submit to treatment,
21 attend continuing education courses, submit to reexamination,
22 or work under the supervision of another osteopathic
23 physician.
24 (h) Corrective action.
25 (i) Refund of fees billed to and collected from the
26 patient.
27 (j) Imposition of an administrative fine in accordance
28 with s. 381.0261 for violations regarding patient rights.
29
30 In determining what action is appropriate, the board must
31 first consider what sanctions are necessary to protect the
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1 public or to compensate the patient. Only after those
2 sanctions have been imposed may the disciplining authority
3 consider and include in the order requirements designed to
4 rehabilitate the physician. All costs associated with
5 compliance with orders issued under this subsection are the
6 obligation of the physician.
7 Section 135. Subsections (1) and (2) of section
8 460.413, Florida Statutes, are amended to read:
9 460.413 Grounds for disciplinary action; action by
10 board or department.--
11 (1) The following acts shall constitute grounds for
12 denial of a license or disciplinary action, as specified in s.
13 456.072(2) which the disciplinary actions specified in
14 subsection (2) may be taken:
15 (a) Attempting to obtain, obtaining, or renewing a
16 license to practice chiropractic medicine by bribery, by
17 fraudulent misrepresentations, or through an error of the
18 department or the board.
19 (b) Having a license to practice chiropractic medicine
20 revoked, suspended, or otherwise acted against, including the
21 denial of licensure, by the licensing authority of another
22 state, territory, or country.
23 (c) Being convicted or found guilty, regardless of
24 adjudication, of a crime in any jurisdiction which directly
25 relates to the practice of chiropractic medicine or to the
26 ability to practice chiropractic medicine. Any plea of nolo
27 contendere shall be considered a conviction for purposes of
28 this chapter.
29 (d) False, deceptive, or misleading advertising.
30 (e) Causing to be advertised, by any means whatsoever,
31 any advertisement which does not contain an assertion or
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1 statement which would identify herself or himself as a
2 chiropractic physician or identify such chiropractic clinic or
3 related institution in which she or he practices or in which
4 she or he is owner, in whole or in part, as a chiropractic
5 institution.
6 (f) Advertising, practicing, or attempting to practice
7 under a name other than one's own.
8 (g) Failing to report to the department any person who
9 the licensee knows is in violation of this chapter or of the
10 rules of the department or the board.
11 (h) Aiding, assisting, procuring, or advising any
12 unlicensed person to practice chiropractic medicine contrary
13 to this chapter or to a rule of the department or the board.
14 (i) Failing to perform any statutory or legal
15 obligation placed upon a licensed chiropractic physician.
16 (j) Making or filing a report which the licensee knows
17 to be false, intentionally or negligently failing to file a
18 report or record required by state or federal law, willfully
19 impeding or obstructing such filing or inducing another person
20 to do so. Such reports or records shall include only those
21 which are signed in the capacity of a licensed chiropractic
22 physician.
23 (k) Making misleading, deceptive, untrue, or
24 fraudulent representations in the practice of chiropractic
25 medicine or employing a trick or scheme in the practice of
26 chiropractic medicine when such trick or scheme fails to
27 conform to the generally prevailing standards of treatment in
28 the chiropractic medical community.
29 (l) Soliciting patients either personally or through
30 an agent, unless such solicitation falls into a category of
31 solicitations approved by rule of the board.
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1 (m) Failing to keep legibly written chiropractic
2 medical records that identify clearly by name and credentials
3 the licensed chiropractic physician rendering, ordering,
4 supervising, or billing for each examination or treatment
5 procedure and that justify the course of treatment of the
6 patient, including, but not limited to, patient histories,
7 examination results, test results, X rays, and diagnosis of a
8 disease, condition, or injury. X rays need not be retained
9 for more than 4 years.
10 (n) Exercising influence on the patient or client in
11 such a manner as to exploit the patient or client for
12 financial gain of the licensee or of a third party which shall
13 include, but not be limited to, the promotion or sale of
14 services, goods or appliances, or drugs.
15 (o) Performing professional services which have not
16 been duly authorized by the patient or client or her or his
17 legal representative except as provided in ss. 743.064,
18 766.103, and 768.13.
19 (p) Prescribing, dispensing, or administering any
20 medicinal drug except as authorized by s. 460.403(9)(c)2.,
21 performing any surgery, or practicing obstetrics.
22 (q) Being unable to practice chiropractic medicine
23 with reasonable skill and safety to patients by reason of
24 illness or use of alcohol, drugs, narcotics, chemicals, or any
25 other type of material or as a result of any mental or
26 physical condition. In enforcing this paragraph, upon a
27 finding by the secretary of the department, or his or her
28 designee, or the probable cause panel of the board that
29 probable cause exists to believe that the licensee is unable
30 to practice the profession because of reasons stated in this
31 paragraph, the department shall have the authority to compel a
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1 licensee to submit to a mental or physical examination by a
2 physician designated by the department. If the licensee
3 refuses to comply with the department's order, the department
4 may file a petition for enforcement in the circuit court of
5 the circuit in which the licensee resides or does business.
6 The department shall be entitled to the summary procedure
7 provided in s. 51.011. The record of proceedings to obtain a
8 compelled mental or physical examination shall not be used
9 against a licensee in any other proceedings. A chiropractic
10 physician affected under this paragraph shall at reasonable
11 intervals be afforded an opportunity to demonstrate that she
12 or he can resume the competent practice of chiropractic
13 medicine with reasonable skill and safety to patients.
14 (r) Gross or repeated malpractice or the failure to
15 practice chiropractic medicine at a level of care, skill, and
16 treatment which is recognized by a reasonably prudent
17 chiropractic physician as being acceptable under similar
18 conditions and circumstances. The board shall give great
19 weight to the standards for malpractice in s. 766.102 in
20 interpreting this provision. A recommended order by an
21 administrative law judge, or a final order of the board
22 finding a violation under this section shall specify whether
23 the licensee was found to have committed "gross malpractice,"
24 "repeated malpractice," or "failure to practice chiropractic
25 medicine with that level of care, skill, and treatment which
26 is recognized as being acceptable under similar conditions and
27 circumstances" or any combination thereof, and any publication
28 by the board shall so specify.
29 (s) Performing any procedure or prescribing any
30 therapy which, by the prevailing standards of chiropractic
31 medical practice in the community, would constitute
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1 experimentation on human subjects, without first obtaining
2 full, informed, and written consent.
3 (t) Practicing or offering to practice beyond the
4 scope permitted by law or accepting and performing
5 professional responsibilities which the licensee knows or has
6 reason to know that she or he is not competent to perform.
7 (u) Delegating professional responsibilities to a
8 person when the licensee delegating such responsibilities
9 knows or has reason to know that such person is not qualified
10 by training, experience, or licensure to perform them.
11 (v) Violating any provision of this chapter, any rule
12 of the board or department, or a lawful order of the board or
13 department previously entered in a disciplinary hearing or
14 failing to comply with a lawfully issued subpoena of the
15 department.
16 (w) Conspiring with another licensee or with any other
17 person to commit an act, or committing an act, which would
18 tend to coerce, intimidate, or preclude another licensee from
19 lawfully advertising her or his services.
20 (x) Submitting to any third-party payor a claim for a
21 service or treatment which was not actually provided to a
22 patient.
23 (y) Failing to preserve identity of funds and property
24 of a patient. As provided by rule of the board, money or other
25 property entrusted to a chiropractic physician for a specific
26 purpose, including advances for costs and expenses of
27 examination or treatment, is to be held in trust and must be
28 applied only to that purpose. Money and other property of
29 patients coming into the hands of a chiropractic physician are
30 not subject to counterclaim or setoff for chiropractic
31 physician's fees, and a refusal to account for and deliver
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1 over such money and property upon demand shall be deemed a
2 conversion. This is not to preclude the retention of money or
3 other property upon which the chiropractic physician has a
4 valid lien for services or to preclude the payment of agreed
5 fees from the proceeds of transactions for examinations or
6 treatments. Controversies as to the amount of the fees are
7 not grounds for disciplinary proceedings unless the amount
8 demanded is clearly excessive or extortionate, or the demand
9 is fraudulent. All funds of patients paid to a chiropractic
10 physician, other than advances for costs and expenses, shall
11 be deposited in one or more identifiable bank accounts
12 maintained in the state in which the chiropractic physician's
13 office is situated, and no funds belonging to the chiropractic
14 physician shall be deposited therein except as follows:
15 1. Funds reasonably sufficient to pay bank charges may
16 be deposited therein.
17 2. Funds belonging in part to a patient and in part
18 presently or potentially to the physician must be deposited
19 therein, but the portion belonging to the physician may be
20 withdrawn when due unless the right of the physician to
21 receive it is disputed by the patient, in which event the
22 disputed portion shall not be withdrawn until the dispute is
23 finally resolved.
24
25 Every chiropractic physician shall maintain complete records
26 of all funds, securities, and other properties of a patient
27 coming into the possession of the physician and render
28 appropriate accounts to the patient regarding them. In
29 addition, every chiropractic physician shall promptly pay or
30 deliver to the patient, as requested by the patient, the
31
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1 funds, securities, or other properties in the possession of
2 the physician which the patient is entitled to receive.
3 (z) Offering to accept or accepting payment for
4 services rendered by assignment from any third-party payor
5 after offering to accept or accepting whatever the third-party
6 payor covers as payment in full, if the effect of the offering
7 or acceptance is to eliminate or give the impression of
8 eliminating the need for payment by an insured of any required
9 deductions applicable in the policy of the insured.
10 (aa) Failing to provide, upon request of the insured,
11 a copy of a claim submitted to any third-party payor for
12 service or treatment of the insured.
13 (bb) Advertising a fee or charge for a service or
14 treatment which is different from the fee or charge the
15 licensee submits to third-party payors for that service or
16 treatment.
17 (cc) Advertising any reduced or discounted fees for
18 services or treatments, or advertising any free services or
19 treatments, without prominently stating in the advertisement
20 the usual fee of the licensee for the service or treatment
21 which is the subject of the discount, rebate, or free
22 offering.
23 (dd) Using acupuncture without being certified
24 pursuant to s. 460.403(9)(f).
25 (ee) Failing to report to the department any licensee
26 under chapter 458 or under chapter 459 who the chiropractic
27 physician or chiropractic physician's assistant knows has
28 violated the grounds for disciplinary action set out in the
29 law under which that person is licensed and who provides
30 health care services in a facility licensed under chapter 395,
31 or a health maintenance organization certificated under part I
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1 of chapter 641, in which the chiropractic physician or
2 chiropractic physician's assistant also provides services.
3 (ff) Violating any provision of this chapter or
4 chapter 456, or any rules adopted pursuant thereto.
5 (2) The board may enter an order denying licensure or
6 imposing any of the penalties in s. 456.072(2) against any
7 applicant for licensure or licensee who is found guilty of
8 violating any provision of subsection (1) of this section or
9 who is found guilty of violating any provision of s.
10 456.072(1). When the board finds any person guilty of any of
11 the grounds set forth in subsection (1), it may enter an order
12 imposing one or more of the following penalties:
13 (a) Refusal to certify to the department an
14 application for licensure.
15 (b) Revocation or suspension of a license.
16 (c) Restriction of practice.
17 (d) Imposition of an administrative fine not to exceed
18 $10,000 for each count or separate offense.
19 (e) Issuance of a reprimand.
20 (f) Placement of the chiropractic physician on
21 probation for a period of time and subject to such conditions
22 as the board may specify, including requiring the chiropractic
23 physician to submit to treatment, to attend continuing
24 education courses, to submit to reexamination, or to work
25 under the supervision of another chiropractic physician.
26 (g) Imposition of costs of the investigation and
27 prosecution.
28 (h) Requirement that the chiropractic physician
29 undergo remedial education.
30 (i) Issuance of a letter of concern.
31 (j) Corrective action.
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1 (k) Refund of fees billed to and collected from the
2 patient or a third party.
3
4 In determining what action is appropriate, the board must
5 first consider what sanctions are necessary to protect the
6 public or to compensate the patient. Only after those
7 sanctions have been imposed may the disciplining authority
8 consider and include in the order requirements designed to
9 rehabilitate the chiropractic physician. All costs associated
10 with compliance with orders issued under this subsection are
11 the obligation of the chiropractic physician.
12 Section 136. Subsections (1) and (2) of section
13 461.013, Florida Statutes, are amended to read:
14 461.013 Grounds for disciplinary action; action by the
15 board; investigations by department.--
16 (1) The following acts shall constitute grounds for
17 denial of a license or disciplinary action, as specified in s.
18 456.072(2) which the disciplinary actions specified in
19 subsection (2) may be taken:
20 (a) Attempting to obtain, obtaining, or renewing a
21 license to practice podiatric medicine by bribery, by
22 fraudulent misrepresentations, or through an error of the
23 department or the board.
24 (b) Having a license to practice podiatric medicine
25 revoked, suspended, or otherwise acted against, including the
26 denial of licensure, by the licensing authority of another
27 state, territory, or country.
28 (c) Being convicted or found guilty, regardless of
29 adjudication, of a crime in any jurisdiction which directly
30 relates to the practice of podiatric medicine or to the
31 ability to practice podiatric medicine. Any plea of nolo
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1 contendere shall be considered a conviction for purposes of
2 this chapter.
3 (d) False, deceptive, or misleading advertising.
4 (e) Advertising, practicing, or attempting to practice
5 under a name other than one's own.
6 (f) Failing to report to the department any person who
7 the licensee knows is in violation of this chapter or of the
8 rules of the department or the board.
9 (g) Aiding, assisting, procuring, permitting, or
10 advising any unlicensed person to practice podiatric medicine
11 contrary to this chapter or to rule of the department or the
12 board.
13 (h) Failing to perform any statutory or legal
14 obligation placed upon a licensed podiatric physician.
15 (i) Making or filing a report which the licensee knows
16 to be 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 person
19 to do so. Such report or records shall include only those
20 which are signed in the capacity of a licensed podiatric
21 physician.
22 (j) Making misleading, deceptive, untrue, or
23 fraudulent representations in the practice of podiatric
24 medicine or employing a trick or scheme in the practice of
25 podiatric medicine when such scheme or trick fails to conform
26 to the generally prevailing standards of treatment in the
27 podiatric community.
28 (k) Soliciting patients either personally or through
29 an agent, unless such solicitation falls into a category of
30 solicitations approved by rule of the board.
31
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1 (l) Failing to keep written medical records justifying
2 the course of treatment of the patient, including, but not
3 limited to, patient histories, examination results, and test
4 results.
5 (m) Exercising influence on the patient or client in
6 such a manner as to exploit the patient or client for
7 financial gain of the licensee or of a third party which shall
8 include, but not be limited to, the promotion or sale of
9 services, goods, appliances, or drugs and the promoting or
10 advertising on any prescription form of a community pharmacy
11 unless the form shall also state "This prescription may be
12 filled at any pharmacy of your choice."
13 (n) Performing professional services which have not
14 been duly authorized by the patient or client or her or his
15 legal representative except as provided in ss. 743.064,
16 766.103, and 768.13.
17 (o) Prescribing, dispensing, administering, mixing, or
18 otherwise preparing a legend drug, including all controlled
19 substances, other than in the course of the podiatric
20 physician's professional practice. For the purposes of this
21 paragraph, it shall be legally presumed that prescribing,
22 dispensing, administering, mixing, or otherwise preparing
23 legend drugs, including all controlled substances,
24 inappropriately or in excessive or inappropriate quantities is
25 not in the best interest of the patient and is not in the
26 course of the podiatric physician's professional practice,
27 without regard to her or his intent.
28 (p) Prescribing, dispensing, or administering any
29 medicinal drug appearing on any schedule set forth in chapter
30 893 by the podiatric physician to herself or himself except
31 those prescribed, dispensed, or administered to the podiatric
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1 physician by another practitioner authorized to prescribe,
2 dispense, or administer them.
3 (q) Prescribing, ordering, dispensing, administering,
4 supplying, selling, or giving any amphetamine or
5 sympathomimetic amine drug or compound designated as a
6 Schedule II controlled substance pursuant to chapter 893.
7 (r) Being unable to practice podiatric medicine with
8 reasonable skill and safety to patients by reason of illness
9 or use of alcohol, drugs, narcotics, chemicals, or any other
10 type of material or as a result of any mental or physical
11 condition. In enforcing this paragraph the department shall,
12 upon probable cause, have authority to compel a podiatric
13 physician to submit to a mental or physical examination by
14 physicians designated by the department. Failure of a
15 podiatric physician to submit to such examination when
16 directed shall constitute an admission of the allegations
17 against her or him, unless the failure was due to
18 circumstances beyond her or his control, consequent upon which
19 a default and final order may be entered without the taking of
20 testimony or presentation of evidence. A podiatric physician
21 affected under this paragraph shall at reasonable intervals be
22 afforded an opportunity to demonstrate that she or he can
23 resume the competent practice of podiatric medicine with
24 reasonable skill and safety to patients.
25 (s) Gross or repeated malpractice or the failure to
26 practice podiatric medicine at a level of care, skill, and
27 treatment which is recognized by a reasonably prudent
28 podiatric physician as being acceptable under similar
29 conditions and circumstances. The board shall give great
30 weight to the standards for malpractice in s. 766.102 in
31 interpreting this section. As used in this paragraph,
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1 "repeated malpractice" includes, but is not limited to, three
2 or more claims for medical malpractice within the previous
3 5-year period resulting in indemnities being paid in excess of
4 $10,000 each to the claimant in a judgment or settlement and
5 which incidents involved negligent conduct by the podiatric
6 physicians. As used in this paragraph, "gross malpractice" or
7 "the failure to practice podiatric medicine with the level of
8 care, skill, and treatment which is recognized by a reasonably
9 prudent similar podiatric physician as being acceptable under
10 similar conditions and circumstances" shall not be construed
11 so as to require more than one instance, event, or act.
12 (t) Performing any procedure or prescribing any
13 therapy which, by the prevailing standards of podiatric
14 medical practice in the community, would constitute
15 experimentation on human subjects without first obtaining
16 full, informed, and written consent.
17 (u) Practicing or offering to practice beyond the
18 scope permitted by law or accepting and performing
19 professional responsibilities which the licensee knows or has
20 reason to know that she or he is not competent to perform.
21 (v) Delegating professional responsibilities to a
22 person when the licensee delegating such responsibilities
23 knows or has reason to know that such person is not qualified
24 by training, experience, or licensure to perform them.
25 (w) Violating any provision of this chapter or chapter
26 456, any rule of the board or department, or a lawful order of
27 the board or department previously entered in a disciplinary
28 hearing or failing to comply with a lawfully issued subpoena
29 of the board or department.
30 (x) Conspiring with another licensee or with any other
31 person to commit an act, or committing an act, which would
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1 tend to coerce, intimidate, or preclude another licensee from
2 lawfully advertising her or his services.
3 (y) Prescribing, ordering, dispensing, administering,
4 supplying, selling, or giving growth hormones, testosterone or
5 its analogs, human chorionic gonadotropin (HCG), or other
6 hormones for the purpose of muscle building or to enhance
7 athletic performance. For the purposes of this subsection, the
8 term "muscle building" does not include the treatment of
9 injured muscle. A prescription written for any of the drug
10 products listed above may be dispensed by the pharmacist with
11 the presumption that the prescription is for legitimate
12 medical use.
13 (z) Fraud, deceit, or misconduct in the practice of
14 podiatric medicine.
15 (aa) Failing to report to the department any licensee
16 under chapter 458 or chapter 459 who the podiatric physician
17 knows has violated the grounds for disciplinary action set out
18 in the law under which that person is licensed and who
19 provides health care services in a facility licensed under
20 chapter 395, or a health maintenance organization certificated
21 under part I of chapter 641, in which the podiatric physician
22 also provides services.
23 (bb) Failing to comply with the requirements of ss.
24 381.026 and 381.0261 to provide patients with information
25 about their patient rights and how to file a patient
26 complaint.
27 (cc) Violating any provision of this chapter or
28 chapter 456, or any rules adopted pursuant thereto.
29 (2) The board may enter an order denying licensure or
30 imposing any of the penalties in s. 456.072(2) against any
31 applicant for licensure or licensee who is found guilty of
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1 violating any provision of subsection (1) of this section or
2 who is found guilty of violating any provision of s.
3 456.072(1). When the board finds any person guilty of any of
4 the grounds set forth in subsection (1), it may enter an order
5 imposing one or more of the following penalties:
6 (a) Refusal to certify to the department an
7 application for licensure.
8 (b) Revocation or suspension of a license.
9 (c) Restriction of practice.
10 (d) Imposition of an administrative fine not to exceed
11 $10,000 for each count or separate offense.
12 (e) Issuance of a reprimand.
13 (f) Placing the podiatric physician on probation for a
14 period of time and subject to such conditions as the board may
15 specify, including requiring the podiatric physician to submit
16 to treatment, to attend continuing education courses, to
17 submit to reexamination, and to work under the supervision of
18 another podiatric physician.
19 (g) Imposition of an administrative fine in accordance
20 with s. 381.0261 for violations regarding patient rights.
21 Section 137. Subsections (1) and (2) of section
22 462.14, Florida Statutes, are amended to read:
23 462.14 Grounds for disciplinary action; action by the
24 department.--
25 (1) The following acts constitute grounds for denial
26 of a license or disciplinary action, as specified in s.
27 456.072(2) which the disciplinary actions specified in
28 subsection (2) may be taken:
29 (a) Attempting to obtain, obtaining, or renewing a
30 license to practice naturopathic medicine by bribery, by
31
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1 fraudulent misrepresentation, or through an error of the
2 department.
3 (b) Having a license to practice naturopathic medicine
4 revoked, suspended, or otherwise acted against, including the
5 denial of licensure, by the licensing authority of another
6 state, territory, or country.
7 (c) Being convicted or found guilty, regardless of
8 adjudication, of a crime in any jurisdiction which directly
9 relates to the practice of naturopathic medicine or to the
10 ability to practice naturopathic medicine. Any plea of nolo
11 contendere shall be considered a conviction for purposes of
12 this chapter.
13 (d) False, deceptive, or misleading advertising.
14 (e) Advertising, practicing, or attempting to practice
15 under a name other than one's own.
16 (f) Failing to report to the department any person who
17 the licensee knows is in violation of this chapter or of the
18 rules of the department.
19 (g) Aiding, assisting, procuring, or advising any
20 unlicensed person to practice naturopathic medicine contrary
21 to this chapter or to a rule of the department.
22 (h) Failing to perform any statutory or legal
23 obligation placed upon a licensed naturopathic physician.
24 (i) Making or filing a report which the licensee knows
25 to be false, intentionally or negligently failing to file a
26 report or record required by state or federal law, willfully
27 impeding or obstructing such filing or inducing another person
28 to do so. Such reports or records shall include only those
29 which are signed in the capacity as a licensed naturopathic
30 physician.
31
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1 (j) Paying or receiving any commission, bonus,
2 kickback, or rebate, or engaging in any split-fee arrangement
3 in any form whatsoever with a physician, organization, agency,
4 or person, either directly or indirectly, for patients
5 referred to providers of health care goods and services,
6 including, but not limited to, hospitals, nursing homes,
7 clinical laboratories, ambulatory surgical centers, or
8 pharmacies. The provisions of this paragraph shall not be
9 construed to prevent a naturopathic physician from receiving a
10 fee for professional consultation services.
11 (k) Exercising influence within a patient-physician
12 relationship for purposes of engaging a patient in sexual
13 activity. A patient shall be presumed to be incapable of
14 giving free, full, and informed consent to sexual activity
15 with her or his physician.
16 (l) Making deceptive, untrue, or fraudulent
17 representations in the practice of naturopathic medicine or
18 employing a trick or scheme in the practice of naturopathic
19 medicine when such scheme or trick fails to conform to the
20 generally prevailing standards of treatment in the medical
21 community.
22 (m) Soliciting patients, either personally or through
23 an agent, through the use of fraud, intimidation, undue
24 influence, or a form of overreaching or vexatious conduct. A
25 "solicitation" is any communication which directly or
26 implicitly requests an immediate oral response from the
27 recipient.
28 (n) Failing to keep written medical records justifying
29 the course of treatment of the patient, including, but not
30 limited to, patient histories, examination results, test
31
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1 results, X rays, and records of the prescribing, dispensing
2 and administering of drugs.
3 (o) Exercising influence on the patient or client in
4 such a manner as to exploit the patient or client for the
5 financial gain of the licensee or of a third party, which
6 shall include, but not be limited to, the promoting or selling
7 of services, goods, appliances, or drugs and the promoting or
8 advertising on any prescription form of a community pharmacy
9 unless the form also states "This prescription may be filled
10 at any pharmacy of your choice."
11 (p) Performing professional services which have not
12 been duly authorized by the patient or client, or her or his
13 legal representative, except as provided in s. 743.064, s.
14 766.103, or s. 768.13.
15 (q) Prescribing, dispensing, administering, mixing, or
16 otherwise preparing a legend drug, including any controlled
17 substance, other than in the course of the naturopathic
18 physician's professional practice. For the purposes of this
19 paragraph, it shall be legally presumed that prescribing,
20 dispensing, administering, mixing, or otherwise preparing
21 legend drugs, including all controlled substances,
22 inappropriately or in excessive or inappropriate quantities is
23 not in the best interest of the patient and is not in the
24 course of the naturopathic physician's professional practice,
25 without regard to her or his intent.
26 (r) Prescribing, dispensing, or administering any
27 medicinal drug appearing on any schedule set forth in chapter
28 893 by the naturopathic physician to herself or himself,
29 except one prescribed, dispensed, or administered to the
30 naturopathic physician by another practitioner authorized to
31 prescribe, dispense, or administer medicinal drugs.
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1 (s) Being unable to practice naturopathic medicine
2 with reasonable skill and safety to patients by reason of
3 illness or use of alcohol, drugs, narcotics, chemicals, or any
4 other type of material or as a result of any mental or
5 physical condition. In enforcing this paragraph, the
6 department shall have, upon probable cause, authority to
7 compel a naturopathic physician to submit to a mental or
8 physical examination by physicians designated by the
9 department. The failure of a naturopathic physician to submit
10 to such an examination when so directed shall constitute an
11 admission of the allegations against her or him upon which a
12 default and final order may be entered without the taking of
13 testimony or presentation of evidence, unless the failure was
14 due to circumstances beyond the naturopathic physician's
15 control. A naturopathic physician affected under this
16 paragraph shall at reasonable intervals be afforded an
17 opportunity to demonstrate that she or he can resume the
18 competent practice of naturopathic medicine with reasonable
19 skill and safety to patients. In any proceeding under this
20 paragraph, neither the record of proceedings nor the orders
21 entered by the department may be used against a naturopathic
22 physician in any other proceeding.
23 (t) Gross or repeated malpractice or the failure to
24 practice naturopathic medicine with that level of care, skill,
25 and treatment which is recognized by a reasonably prudent
26 similar physician as being acceptable under similar conditions
27 and circumstances. The department shall give great weight to
28 the provisions of s. 766.102 when enforcing this paragraph.
29 (u) Performing any procedure or prescribing any
30 therapy which, by the prevailing standards of medical practice
31 in the community, constitutes experimentation on a human
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1 subject, without first obtaining full, informed, and written
2 consent.
3 (v) Practicing or offering to practice beyond the
4 scope permitted by law or accepting and performing
5 professional responsibilities which the licensee knows or has
6 reason to know that she or he is not competent to perform.
7 (w) Delegating professional responsibilities to a
8 person when the licensee delegating such responsibilities
9 knows or has reason to know that such person is not qualified
10 by training, experience, or licensure to perform them.
11 (x) Violating any provision of this chapter, any rule
12 of the department, or a lawful order of the department
13 previously entered in a disciplinary hearing or failing to
14 comply with a lawfully issued subpoena of the department.
15 (y) Conspiring with another licensee or with any other
16 person to commit an act, or committing an act, which would
17 tend to coerce, intimidate, or preclude another licensee from
18 lawfully advertising her or his services.
19 (z) Procuring, or aiding or abetting in the procuring
20 of, an unlawful termination of pregnancy.
21 (aa) Presigning blank prescription forms.
22 (bb) Prescribing by the naturopathic physician for
23 office use any medicinal drug appearing on Schedule II in
24 chapter 893.
25 (cc) Prescribing, ordering, dispensing, administering,
26 supplying, selling, or giving any drug which is an amphetamine
27 or sympathomimetic amine drug, or a compound designated
28 pursuant to chapter 893 as a Schedule II controlled substance
29 to or for any person except for:
30 1. The treatment of narcolepsy; hyperkinesis;
31 behavioral syndrome in children characterized by the
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1 developmentally inappropriate symptoms of moderate to severe
2 distractability, short attention span, hyperactivity,
3 emotional lability, and impulsivity; or drug-induced brain
4 dysfunction.
5 2. The differential diagnostic psychiatric evaluation
6 of depression or the treatment of depression shown to be
7 refractory to other therapeutic modalities.
8 3. The clinical investigation of the effects of such
9 drugs or compounds when an investigative protocol therefor is
10 submitted to, reviewed, and approved by the department before
11 such investigation is begun.
12 (dd) Prescribing, ordering, dispensing, administering,
13 supplying, selling, or giving growth hormones, testosterone or
14 its analogs, human chorionic gonadotropin (HCG), or other
15 hormones for the purpose of muscle building or to enhance
16 athletic performance. For the purposes of this subsection, the
17 term "muscle building" does not include the treatment of
18 injured muscle. A prescription written for the drug products
19 listed above may be dispensed by the pharmacist with the
20 presumption that the prescription is for legitimate medical
21 use.
22 (ee) Violating any provision of this chapter or
23 chapter 456, or any rules adopted pursuant thereto.
24 (2) The board may enter an order denying licensure or
25 imposing any of the penalties in s. 456.072(2) against any
26 applicant for licensure or licensee who is found guilty of
27 violating any provision of subsection (1) of this section or
28 who is found guilty of violating any provision of s.
29 456.072(1). When the department finds any person guilty of any
30 of the grounds set forth in subsection (1), it may enter an
31 order imposing one or more of the following penalties:
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1 (a) Refusal to certify to the department an
2 application for licensure.
3 (b) Revocation or suspension of a license.
4 (c) Restriction of practice.
5 (d) Imposition of an administrative fine not to exceed
6 $1,000 for each count or separate offense.
7 (e) Issuance of a reprimand.
8 (f) Placement of the naturopathic physician on
9 probation for a period of time and subject to such conditions
10 as the department may specify, including, but not limited to,
11 requiring the naturopathic physician to submit to treatment,
12 to attend continuing education courses, to submit to
13 reexamination, or to work under the supervision of another
14 naturopathic physician.
15 Section 138. Subsections (1) and (2) of section
16 463.016, Florida Statutes, are amended to read:
17 463.016 Grounds for disciplinary action; action by the
18 board.--
19 (1) The following acts shall constitute grounds for
20 denial of a license or disciplinary action, as specified in s.
21 456.072(2) which the disciplinary actions specified in
22 subsection (2) may be taken:
23 (a) Procuring or attempting to procure a license to
24 practice optometry by bribery, by fraudulent
25 misrepresentations, or through an error of the department or
26 board.
27 (b) Procuring or attempting to procure a license for
28 any other person by making or causing to be made any false
29 representation.
30
31
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1 (c) Having a license to practice optometry revoked,
2 suspended, or otherwise acted against, including the denial of
3 licensure, by the licensing authority of another jurisdiction.
4 (d) Being convicted or found guilty, regardless of
5 adjudication, of a crime in any jurisdiction which directly
6 relates to the practice of optometry or to the ability to
7 practice optometry. Any plea of nolo contendere shall be
8 considered a conviction for the purposes of this chapter.
9 (e) Making or filing a report or record which the
10 licensee knows to be false, intentionally or negligently
11 failing to file a report or record required by state or
12 federal law, willfully impeding or obstructing such filing, or
13 inducing another person to do so. Such reports or records
14 shall include only those which are signed by the licensee in
15 her or his capacity as a licensed practitioner.
16 (f) Advertising goods or services in a manner which is
17 fraudulent, false, deceptive, or misleading in form or
18 content.
19 (g) Fraud or deceit, negligence or incompetency, or
20 misconduct in the practice of optometry.
21 (h) A violation or repeated violations of provisions
22 of this chapter, or of chapter 456, and any rules promulgated
23 pursuant thereto.
24 (i) Conspiring with another licensee or with any
25 person to commit an act, or committing an act, which would
26 coerce, intimidate, or preclude another licensee from lawfully
27 advertising her or his services.
28 (j) Willfully submitting to any third-party payor a
29 claim for services which were not provided to a patient.
30 (k) Failing to keep written optometric records about
31 the examinations, treatments, and prescriptions for patients.
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1 (l) Willfully failing to report any person who the
2 licensee knows is in violation of this chapter or of rules of
3 the department or the board.
4 (m) Gross or repeated malpractice.
5 (n) Practicing with a revoked, suspended, inactive, or
6 delinquent license.
7 (o) Being unable to practice optometry with reasonable
8 skill and safety to patients by reason of illness or use of
9 alcohol, drugs, narcotics, chemicals, or any other type of
10 material or as a result of any mental or physical condition.
11 A licensed practitioner affected under this paragraph shall at
12 reasonable intervals be afforded an opportunity to demonstrate
13 that she or he can resume the competent practice of optometry
14 with reasonable skill and safety to patients.
15 (p) Having been disciplined by a regulatory agency in
16 another state for any offense that would constitute a
17 violation of Florida laws or rules regulating optometry.
18 (q) Violating any provision of s. 463.014 or s.
19 463.015.
20 (r) Violating any lawful order of the board or
21 department, previously entered in a disciplinary hearing, or
22 failing to comply with a lawfully issued subpoena of the board
23 or department.
24 (s) Practicing or offering to practice beyond the
25 scope permitted by law or accepting and performing
26 professional responsibilities which the licensed practitioner
27 knows or has reason to know she or he is not competent to
28 perform.
29 (t) Violating any provision of this chapter or chapter
30 456, or any rules adopted pursuant thereto.
31
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1 (2) The board may enter an order denying licensure or
2 imposing any of the penalties in s. 456.072(2) against any
3 applicant for licensure or licensee who is found guilty of
4 violating any provision of subsection (1) of this section or
5 who is found guilty of violating any provision of s.
6 456.072(1). When the board finds any person guilty of any of
7 the grounds set forth in subsection (1), it may enter an order
8 imposing one or more of the following penalties:
9 (a) Refusal to certify to the department an
10 application for licensure.
11 (b) Revocation or suspension of a license.
12 (c) Imposition of an administrative fine not to exceed
13 $5,000 for each count or separate offense.
14 (d) Issuance of a reprimand.
15 (e) Placement of the licensed practitioner on
16 probation for a period of time and subject to such conditions
17 as the board may specify, including requiring the licensed
18 practitioner to submit to treatment, to attend continuing
19 education courses, or to work under the supervision of another
20 licensed practitioner.
21 Section 139. Subsections (1) and (2) of section
22 464.018, Florida Statutes, are amended to read:
23 464.018 Disciplinary actions.--
24 (1) The following acts constitute shall be grounds for
25 denial of a license or disciplinary action, as specified in s.
26 456.072(2) disciplinary action set forth in this section:
27 (a) Procuring, attempting to procure, or renewing a
28 license to practice nursing by bribery, by knowing
29 misrepresentations, or through an error of the department or
30 the board.
31
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1 (b) Having a license to practice nursing revoked,
2 suspended, or otherwise acted against, including the denial of
3 licensure, by the licensing authority of another state,
4 territory, or country.
5 (c) Being convicted or found guilty of, or entering a
6 plea of nolo contendere to, regardless of adjudication, a
7 crime in any jurisdiction which directly relates to the
8 practice of nursing or to the ability to practice nursing.
9 (d) Being found guilty, regardless of adjudication, of
10 any of the following offenses:
11 1. A forcible felony as defined in chapter 776.
12 2. A violation of chapter 812, relating to theft,
13 robbery, and related crimes.
14 3. A violation of chapter 817, relating to fraudulent
15 practices.
16 4. A violation of chapter 800, relating to lewdness
17 and indecent exposure.
18 5. A violation of chapter 784, relating to assault,
19 battery, and culpable negligence.
20 6. A violation of chapter 827, relating to child
21 abuse.
22 7. A violation of chapter 415, relating to protection
23 from abuse, neglect, and exploitation.
24 8. A violation of chapter 39, relating to child abuse,
25 abandonment, and neglect.
26 (e) Having been found guilty of, regardless of
27 adjudication, or entered a plea of nolo contendere or guilty
28 to, any offense prohibited under s. 435.03 or under any
29 similar statute of another jurisdiction; or having committed
30 an act which constitutes domestic violence as defined in s.
31 741.28.
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1 (f) Making or filing a false report or record, which
2 the licensee knows to be false, intentionally or negligently
3 failing to file a report or record required by state or
4 federal law, willfully impeding or obstructing such filing or
5 inducing another person to do so. Such reports or records
6 shall include only those which are signed in the nurse's
7 capacity as a licensed nurse.
8 (g) False, misleading, or deceptive advertising.
9 (h) Unprofessional conduct, which shall include, but
10 not be limited to, any departure from, or the failure to
11 conform to, the minimal standards of acceptable and prevailing
12 nursing practice, in which case actual injury need not be
13 established.
14 (i) Engaging or attempting to engage in the
15 possession, sale, or distribution of controlled substances as
16 set forth in chapter 893, for any other than legitimate
17 purposes authorized by this part.
18 (j) Being unable to practice nursing with reasonable
19 skill and safety to patients by reason of illness or use of
20 alcohol, drugs, narcotics, or chemicals or any other type of
21 material or as a result of any mental or physical condition.
22 In enforcing this paragraph, the department shall have, upon a
23 finding of the secretary or the secretary's designee that
24 probable cause exists to believe that the licensee is unable
25 to practice nursing because of the reasons stated in this
26 paragraph, the authority to issue an order to compel a
27 licensee to submit to a mental or physical examination by
28 physicians designated by the department. If the licensee
29 refuses to comply with such order, the department's order
30 directing such examination may be enforced by filing a
31 petition for enforcement in the circuit court where the
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1 licensee resides or does business. The licensee against whom
2 the petition is filed shall not be named or identified by
3 initials in any public court records or documents, and the
4 proceedings shall be closed to the public. The department
5 shall be entitled to the summary procedure provided in s.
6 51.011. A nurse affected by the provisions of this paragraph
7 shall at reasonable intervals be afforded an opportunity to
8 demonstrate that she or he can resume the competent practice
9 of nursing with reasonable skill and safety to patients.
10 (k) Failing to report to the department any person who
11 the licensee knows is in violation of this part or of the
12 rules of the department or the board; however, if the licensee
13 verifies that such person is actively participating in a
14 board-approved program for the treatment of a physical or
15 mental condition, the licensee is required to report such
16 person only to an impaired professionals consultant.
17 (l) Knowingly violating any provision of this part, a
18 rule of the board or the department, or a lawful order of the
19 board or department previously entered in a disciplinary
20 proceeding or failing to comply with a lawfully issued
21 subpoena of the department.
22 (m) Failing to report to the department any licensee
23 under chapter 458 or under chapter 459 who the nurse knows has
24 violated the grounds for disciplinary action set out in the
25 law under which that person is licensed and who provides
26 health care services in a facility licensed under chapter 395,
27 or a health maintenance organization certificated under part I
28 of chapter 641, in which the nurse also provides services.
29 (n) Violating any provision of this chapter or chapter
30 456, or any rules adopted pursuant thereto.
31
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1 (2) The board may enter an order denying licensure or
2 imposing any of the penalties in s. 456.072(2) against any
3 applicant for licensure or licensee who is found guilty of
4 violating any provision of subsection (1) of this section or
5 who is found guilty of violating any provision of s.
6 456.072(1). When the board finds any person guilty of any of
7 the grounds set forth in subsection (1), it may enter an order
8 imposing one or more of the following penalties:
9 (a) Refusal to certify to the department an
10 application for licensure.
11 (b) Revocation or suspension of a license with
12 reinstatement subject to the provisions of subsection (3).
13 (c) Permanent revocation of a license.
14 (d) Restriction of practice.
15 (e) Imposition of an administrative fine not to exceed
16 $1,000 for each count or separate offense.
17 (f) Issuance of a reprimand.
18 (g) Placement of the nurse on probation for a period
19 of time and subject to such conditions as the board may
20 specify, including requiring the nurse to submit to treatment,
21 to attend continuing education courses, to take an
22 examination, or to work under the supervision of another
23 nurse.
24 Section 140. Subsections (1) and (2) of section
25 465.016, Florida Statutes, are amended to read:
26 465.016 Disciplinary actions.--
27 (1) The following acts constitute shall be grounds for
28 denial of a license or disciplinary action, as specified in s.
29 456.072(2) disciplinary action set forth in this section:
30 (a) Obtaining a license by misrepresentation or fraud
31 or through an error of the department or the board.
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1 (b) Procuring or attempting to procure a license for
2 any other person by making or causing to be made any false
3 representation.
4 (c) Permitting any person not licensed as a pharmacist
5 in this state or not registered as an intern in this state, or
6 permitting a registered intern who is not acting under the
7 direct and immediate personal supervision of a licensed
8 pharmacist, to fill, compound, or dispense any prescriptions
9 in a pharmacy owned and operated by such pharmacist or in a
10 pharmacy where such pharmacist is employed or on duty.
11 (d) Being unfit or incompetent to practice pharmacy by
12 reason of:
13 1. Habitual intoxication.
14 2. The misuse or abuse of any medicinal drug appearing
15 in any schedule set forth in chapter 893.
16 3. Any abnormal physical or mental condition which
17 threatens the safety of persons to whom she or he might sell
18 or dispense prescriptions, drugs, or medical supplies or for
19 whom she or he might manufacture, prepare, or package, or
20 supervise the manufacturing, preparation, or packaging of,
21 prescriptions, drugs, or medical supplies.
22 (e) Violating any of the requirements of this chapter;
23 or if licensed as a practitioner in this or any other state,
24 violating any of the requirements of their respective practice
25 act or violating chapter 499; 21 U.S.C. ss. 301-392, known as
26 the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et
27 seq., known as the Comprehensive Drug Abuse Prevention and
28 Control Act; or chapter 893.
29 (f) Having been convicted or found guilty, regardless
30 of adjudication, in a court of this state or other
31 jurisdiction, of a crime which directly relates to the ability
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1 to practice pharmacy or to the practice of pharmacy. A plea
2 of nolo contendere constitutes a conviction for purposes of
3 this provision.
4 (g) Using in the compounding of a prescription, or
5 furnishing upon prescription, an ingredient or article
6 different in any manner from the ingredient or article
7 prescribed, except as authorized in s. 465.019(6) or s.
8 465.025.
9 (h) Having been disciplined by a regulatory agency in
10 another state for any offense that would constitute a
11 violation of this chapter.
12 (i) Compounding, dispensing, or distributing a legend
13 drug, including any controlled substance, other than in the
14 course of the professional practice of pharmacy. For purposes
15 of this paragraph, it shall be legally presumed that the
16 compounding, dispensing, or distributing of legend drugs in
17 excessive or inappropriate quantities is not in the best
18 interests of the patient and is not in the course of the
19 professional practice of pharmacy.
20 (j) Making or filing a report or record which the
21 licensee knows to be false, intentionally or negligently
22 failing to file a report or record required by federal or
23 state law, willfully impeding or obstructing such filing, or
24 inducing another person to do so. Such reports or records
25 include only those which the licensee is required to make or
26 file in her or his capacity as a licensed pharmacist.
27 (k) Failing to make prescription fee or price
28 information readily available by failing to provide such
29 information upon request and upon the presentation of a
30 prescription for pricing or dispensing. Nothing in this
31 section shall be construed to prohibit the quotation of price
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1 information on a prescription drug to a potential consumer by
2 telephone.
3 (l) Placing in the stock of any pharmacy any part of
4 any prescription compounded or dispensed which is returned by
5 a patient; however, in a hospital, nursing home, correctional
6 facility, or extended care facility in which unit-dose
7 medication is dispensed to inpatients, each dose being
8 individually sealed and the individual unit dose or unit-dose
9 system labeled with the name of the drug, dosage strength,
10 manufacturer's control number, and expiration date, if any,
11 the unused unit dose of medication may be returned to the
12 pharmacy for redispensing. Each pharmacist shall maintain
13 appropriate records for any unused or returned medicinal
14 drugs.
15 (m) Being unable to practice pharmacy with reasonable
16 skill and safety by reason of illness, use of drugs,
17 narcotics, chemicals, or any other type of material or as a
18 result of any mental or physical condition. A pharmacist
19 affected under this paragraph shall at reasonable intervals be
20 afforded an opportunity to demonstrate that she or he can
21 resume the competent practice of pharmacy with reasonable
22 skill and safety to her or his customers.
23 (n) Violating a rule of the board or department or
24 violating an order of the board or department previously
25 entered in a disciplinary hearing.
26 (o) Failing to report to the department any licensee
27 under chapter 458 or under chapter 459 who the pharmacist
28 knows has violated the grounds for disciplinary action set out
29 in the law under which that person is licensed and who
30 provides health care services in a facility licensed under
31 chapter 395, or a health maintenance organization certificated
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1 under part I of chapter 641, in which the pharmacist also
2 provides services.
3 (p) Failing to notify the Board of Pharmacy in writing
4 within 20 days of the commencement or cessation of the
5 practice of the profession of pharmacy in Florida when such
6 commencement or cessation of the practice of the profession of
7 pharmacy in Florida was a result of a pending or completed
8 disciplinary action or investigation in another jurisdiction.
9 (q) Using or releasing a patient's records except as
10 authorized by this chapter and chapter 456.
11 (r) Violating any provision of this chapter or chapter
12 456, or any rules adopted pursuant thereto.
13 (2) The board may enter an order denying licensure or
14 imposing any of the penalties in s. 456.072(2) against any
15 applicant for licensure or licensee who is found guilty of
16 violating any provision of subsection (1) of this section or
17 who is found guilty of violating any provision of s.
18 456.072(1). When the board finds any person guilty of any of
19 the grounds set forth in subsection (1), it may enter an order
20 imposing one or more of the following penalties:
21 (a) Refusal to certify to the department an
22 application for licensure.
23 (b) Revocation or suspension of a license.
24 (c) Imposition of an administrative fine not to exceed
25 $5,000 for each count or separate offense.
26 (d) Issuance of a reprimand.
27 (e) Placement of the pharmacist on probation for a
28 period of time and subject to such conditions as the board may
29 specify, including, but not limited to, requiring the
30 pharmacist to submit to treatment, to attend continuing
31
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1 education courses, to submit to reexamination, or to work
2 under the supervision of another pharmacist.
3 Section 141. Subsections (1) and (2) of section
4 466.028, Florida Statutes, are amended to read:
5 466.028 Grounds for disciplinary action; action by the
6 board.--
7 (1) The following acts shall constitute grounds for
8 denial of a license or disciplinary action, as specified in s.
9 456.072(2) which the disciplinary actions specified in
10 subsection (2) may be taken:
11 (a) Attempting to obtain, obtaining, or renewing a
12 license under this chapter by bribery, fraudulent
13 misrepresentations, or through an error of the department or
14 the board.
15 (b) Having a license to practice dentistry or dental
16 hygiene revoked, suspended, or otherwise acted against,
17 including the denial of licensure, by the licensing authority
18 of another state, territory, or country.
19 (c) Being convicted or found guilty of or entering a
20 plea of nolo contendere to, regardless of adjudication, a
21 crime in any jurisdiction which relates to the practice of
22 dentistry or dental hygiene. A plea of nolo contendere shall
23 create a rebuttable presumption of guilt to the underlying
24 criminal charges.
25 (d) Advertising goods or services in a manner which is
26 fraudulent, false, deceptive, or misleading in form or content
27 contrary to s. 466.019 or rules of the board adopted pursuant
28 thereto.
29 (e) Advertising, practicing, or attempting to practice
30 under a name other than one's own.
31
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1 (f) Failing to report to the department any person who
2 the licensee knows, or has reason to believe, is clearly in
3 violation of this chapter or of the rules of the department or
4 the board.
5 (g) Aiding, assisting, procuring, or advising any
6 unlicensed person to practice dentistry or dental hygiene
7 contrary to this chapter or to a rule of the department or the
8 board.
9 (h) Being employed by any corporation, organization,
10 group, or person other than a dentist or a professional
11 corporation or limited liability company composed of dentists
12 to practice dentistry.
13 (i) Failing to perform any statutory or legal
14 obligation placed upon a licensee.
15 (j) Making or filing a report which the licensee knows
16 to be false, failing to file a report or record required by
17 state or federal law, knowingly impeding or obstructing such
18 filing or inducing another person to do so. Such reports or
19 records shall include only those which are signed in the
20 capacity as a licensee.
21 (k) Committing any act which would constitute sexual
22 battery, as defined in chapter 794, upon a patient or
23 intentionally touching the sexual organ of a patient.
24 (l) Making deceptive, untrue, or fraudulent
25 representations in or related to the practice of dentistry.
26 (m) Failing to keep written dental records and medical
27 history records justifying the course of treatment of the
28 patient including, but not limited to, patient histories,
29 examination results, test results, and X rays, if taken.
30 (n) Failing to make available to a patient or client,
31 or to her or his legal representative or to the department if
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1 authorized in writing by the patient, copies of documents in
2 the possession or under control of the licensee which relate
3 to the patient or client.
4 (o) Performing professional services which have not
5 been duly authorized by the patient or client, or her or his
6 legal representative, except as provided in ss. 766.103 and
7 768.13.
8 (p) Prescribing, procuring, dispensing, administering,
9 mixing, or otherwise preparing a legend drug, including any
10 controlled substance, other than in the course of the
11 professional practice of the dentist. For the purposes of
12 this paragraph, it shall be legally presumed that prescribing,
13 procuring, dispensing, administering, mixing, or otherwise
14 preparing legend drugs, including all controlled substances,
15 in excessive or inappropriate quantities is not in the best
16 interest of the patient and is not in the course of the
17 professional practice of the dentist, without regard to her or
18 his intent.
19 (q) Prescribing, procuring, dispensing, or
20 administering any medicinal drug appearing on any schedule set
21 forth in chapter 893, by a dentist to herself or himself,
22 except those prescribed, dispensed, or administered to the
23 dentist by another practitioner authorized to prescribe them.
24 (r) Prescribing, procuring, ordering, dispensing,
25 administering, supplying, selling, or giving any drug which is
26 a Schedule II amphetamine or a Schedule II sympathomimetic
27 amine drug or a compound thereof, pursuant to chapter 893, to
28 or for any person except for the clinical investigation of the
29 effects of such drugs or compounds when an investigative
30 protocol therefor is submitted to, and reviewed and approved
31 by, the board before such investigation is begun.
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1 (s) Being unable to practice her or his profession
2 with reasonable skill and safety to patients by reason of
3 illness or use of alcohol, drugs, narcotics, chemicals, or any
4 other type of material or as a result of any mental or
5 physical condition. In enforcing this paragraph, the
6 department shall have, upon a finding of the secretary or her
7 or his designee that probable cause exists to believe that the
8 licensee is unable to practice dentistry or dental hygiene
9 because of the reasons stated in this paragraph, the authority
10 to issue an order to compel a licensee to submit to a mental
11 or physical examination by physicians designated by the
12 department. If the licensee refuses to comply with such
13 order, the department's order directing such examination may
14 be enforced by filing a petition for enforcement in the
15 circuit court where the licensee resides or does business.
16 The licensee against whom the petition is filed shall not be
17 named or identified by initials in any public court records or
18 documents, and the proceedings shall be closed to the public.
19 The department shall be entitled to the summary procedure
20 provided in s. 51.011. A licensee affected under this
21 paragraph shall at reasonable intervals be afforded an
22 opportunity to demonstrate that she or he can resume the
23 competent practice of her or his profession with reasonable
24 skill and safety to patients.
25 (t) Fraud, deceit, or misconduct in the practice of
26 dentistry or dental hygiene.
27 (u) Failure to provide and maintain reasonable
28 sanitary facilities and conditions.
29 (v) Failure to provide adequate radiation safeguards.
30 (w) Performing any procedure or prescribing any
31 therapy which, by the prevailing standards of dental practice
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1 in the community, would constitute experimentation on human
2 subjects, without first obtaining full, informed, and written
3 consent.
4 (x) Being guilty of incompetence or negligence by
5 failing to meet the minimum standards of performance in
6 diagnosis and treatment when measured against generally
7 prevailing peer performance, including, but not limited to,
8 the undertaking of diagnosis and treatment for which the
9 dentist is not qualified by training or experience or being
10 guilty of dental malpractice. For purposes of this paragraph,
11 it shall be legally presumed that a dentist is not guilty of
12 incompetence or negligence by declining to treat an individual
13 if, in the dentist's professional judgment, the dentist or a
14 member of her or his clinical staff is not qualified by
15 training and experience, or the dentist's treatment facility
16 is not clinically satisfactory or properly equipped to treat
17 the unique characteristics and health status of the dental
18 patient, provided the dentist refers the patient to a
19 qualified dentist or facility for appropriate treatment. As
20 used in this paragraph, "dental malpractice" includes, but is
21 not limited to, three or more claims within the previous
22 5-year period which resulted in indemnity being paid, or any
23 single indemnity paid in excess of $5,000 in a judgment or
24 settlement, as a result of negligent conduct on the part of
25 the dentist.
26 (y) Practicing or offering to practice beyond the
27 scope permitted by law or accepting and performing
28 professional responsibilities which the licensee knows or has
29 reason to know that she or he is not competent to perform.
30
31
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1 (z) Delegating professional responsibilities to a
2 person who is not qualified by training, experience, or
3 licensure to perform them.
4 (aa) The violation or the repeated violation of this
5 chapter, chapter 456, or any rule promulgated pursuant to
6 chapter 456 or this chapter; the violation of a lawful order
7 of the board or department previously entered in a
8 disciplinary hearing; or failure to comply with a lawfully
9 issued subpoena of the board or department.
10 (bb) Conspiring with another licensee or with any
11 person to commit an act, or committing an act, which would
12 tend to coerce, intimidate, or preclude another licensee from
13 lawfully advertising her or his services.
14 (cc) Being adjudged mentally incompetent in this or
15 any other state, the discipline for which shall last only so
16 long as the adjudication.
17 (dd) Presigning blank prescription or laboratory work
18 order forms.
19 (ee) Prescribing, ordering, dispensing, administering,
20 supplying, selling, or giving growth hormones, testosterone or
21 its analogs, human chorionic gonadotropin (HCG), or other
22 hormones for the purpose of muscle building or to enhance
23 athletic performance. For the purposes of this subsection, the
24 term "muscle building" does not include the treatment of
25 injured muscle. A prescription written for the drug products
26 listed above may be dispensed by the pharmacist with the
27 presumption that the prescription is for legitimate medical
28 use.
29 (ff) Operating or causing to be operated a dental
30 office in such a manner as to result in dental treatment that
31 is below minimum acceptable standards of performance for the
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1 community. This includes, but is not limited to, the use of
2 substandard materials or equipment, the imposition of time
3 limitations within which dental procedures are to be
4 performed, or the failure to maintain patient records as
5 required by this chapter.
6 (gg) Administering anesthesia in a manner which
7 violates rules of the board adopted pursuant to s. 466.017.
8 (hh) Failing to report to the department any licensee
9 under chapter 458 or chapter 459 who the dentist knows has
10 violated the grounds for disciplinary action set out in the
11 law under which that person is licensed and who provides
12 health care services in a facility licensed under chapter 395,
13 or a health maintenance organization certificated under part I
14 of chapter 641, in which the dentist also provides services.
15 (ii) Failing to report to the board, in writing,
16 within 30 days if action has been taken against one's license
17 to practice dentistry in another state, territory, or country.
18 (jj) Advertising specialty services in violation of
19 this chapter.
20 (kk) Allowing any person other than another dentist or
21 a professional corporation or limited liability company
22 composed of dentists to direct, control, or interfere with a
23 dentist's clinical judgment; however, this paragraph may not
24 be construed to limit a patient's right of informed consent.
25 To direct, control, or interfere with a dentist's clinical
26 judgment may not be interpreted to mean dental services
27 contractually excluded, the application of alternative
28 benefits that may be appropriate given the dentist's
29 prescribed course of treatment, or the application of
30 contractual provisions and scope of coverage determinations in
31 comparison with a dentist's prescribed treatment on behalf of
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1 a covered person by an insurer, health maintenance
2 organization, or a prepaid limited health service
3 organization.
4 (ll) Violating any provision of this chapter or
5 chapter 456, or any rules adopted pursuant thereto.
6 (2) The board may enter an order denying licensure or
7 imposing any of the penalties in s. 456.072(2) against any
8 applicant for licensure or licensee who is found guilty of
9 violating any provision of subsection (1) of this section or
10 who is found guilty of violating any provision of s.
11 456.072(1). When the board finds any applicant or licensee
12 guilty of any of the grounds set forth in subsection (1), it
13 may enter an order imposing one or more of the following
14 penalties:
15 (a) Denial of an application for licensure.
16 (b) Revocation or suspension of a license.
17 (c) Imposition of an administrative fine not to exceed
18 $3,000 for each count or separate offense.
19 (d) Issuance of a reprimand.
20 (e) Placement of the licensee on probation for a
21 period of time and subject to such conditions as the board may
22 specify, including requiring the licensee to attend continuing
23 education courses or demonstrate competency through a written
24 or practical examination or to work under the supervision of
25 another licensee.
26 (f) Restricting the authorized scope of practice.
27 Section 142. Section 466.037, Florida Statutes, is
28 amended to read:
29 466.037 Suspension and revocation; administrative
30 fine.--The department may suspend or revoke the certificate of
31 any dental laboratory registered under s. 466.032, for failing
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1 to comply with the provisions of this chapter or rules adopted
2 by the department under this chapter. The department may
3 impose an administrative fine not to exceed $500 for each
4 count or separate offense.
5 Section 143. Subsections (1) and (2) of section
6 467.203, Florida Statutes, are amended to read:
7 467.203 Disciplinary actions; penalties.--
8 (1) The following acts constitute shall be grounds for
9 denial of a license or disciplinary action, as specified in s.
10 456.072(2) disciplinary action as set forth in this section:
11 (a) Procuring, attempting to procure, or renewing a
12 license to practice midwifery by bribery, by fraudulent
13 misrepresentation, or through an error of the department.
14 (b) Having a license to practice midwifery revoked,
15 suspended, or otherwise acted against, including being denied
16 licensure, by the licensing authority of another state,
17 territory, or country.
18 (c) Being convicted or found guilty, regardless of
19 adjudication, in any jurisdiction of a crime which directly
20 relates to the practice of midwifery or to the ability to
21 practice midwifery. A plea of nolo contendere shall be
22 considered a conviction for purposes of this provision.
23 (d) Making or filing a false report or record, which
24 the licensee knows to be false; intentionally or negligently
25 failing to file a report or record required by state or
26 federal law; or willfully impeding or obstructing such filing
27 or inducing another to do so. Such reports or records shall
28 include only those which are signed in the midwife's capacity
29 as a licensed midwife.
30 (e) Advertising falsely, misleadingly, or deceptively.
31
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1 (f) Engaging in unprofessional conduct, which
2 includes, but is not limited to, any departure from, or the
3 failure to conform to, the standards of practice of midwifery
4 as established by the department, in which case actual injury
5 need not be established.
6 (g) Being unable to practice midwifery with reasonable
7 skill and safety to patients by reason of illness;
8 drunkenness; or use of drugs, narcotics, chemicals, or other
9 materials or as a result of any mental or physical condition.
10 A midwife affected under this paragraph shall, at reasonable
11 intervals, be afforded an opportunity to demonstrate that he
12 or she can resume the competent practice of midwifery with
13 reasonable skill and safety.
14 (h) Failing to report to the department any person who
15 the licensee knows is in violation of this chapter or of the
16 rules of the department.
17 (i) Willfully or repeatedly Violating any provision of
18 this chapter, any rule of the department, or any lawful order
19 of the department previously entered in a disciplinary
20 proceeding or failing to comply with a lawfully issued
21 subpoena of the department.
22 (j) Violating any provision of this chapter or chapter
23 456, or any rules adopted pursuant thereto.
24 (2) The board may enter an order denying licensure or
25 imposing any of the penalties in s. 456.072(2) against any
26 applicant for licensure or licensee who is found guilty of
27 violating any provision of subsection (1) of this section or
28 who is found guilty of violating any provision of s.
29 456.072(1). When the department finds any person guilty of any
30 of the grounds set forth in subsection (1), it may enter an
31 order imposing one or more of the following penalties:
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1 (a) Refusal to approve an application for licensure.
2 (b) Revocation or suspension of a license.
3 (c) Imposition of an administrative fine not to exceed
4 $1,000 for each count or separate offense.
5 (d) Issuance of a reprimand.
6 (e) Placement of the midwife on probation for such
7 period of time and subject to such conditions as the
8 department may specify, including requiring the midwife to
9 submit to treatment; undertake further relevant education or
10 training; take an examination; or work under the supervision
11 of another licensed midwife, a physician, or a nurse midwife
12 licensed under part I of chapter 464.
13 Section 144. Subsections (1) and (2) of section
14 468.1295, Florida Statutes, are amended to read:
15 468.1295 Disciplinary proceedings.--
16 (1) The following acts constitute grounds for denial
17 of a license or disciplinary action, as specified in s.
18 456.072(2) both disciplinary actions as set forth in
19 subsection (2) and cease and desist or other related actions
20 by the department as set forth in s. 456.065:
21 (a) Procuring or attempting to procure a license by
22 bribery, by fraudulent misrepresentation, or through an error
23 of the department or the board.
24 (b) Having a license revoked, suspended, or otherwise
25 acted against, including denial of licensure, by the licensing
26 authority of another state, territory, or country.
27 (c) Being convicted or found guilty of, or entering a
28 plea of nolo contendere to, regardless of adjudication, a
29 crime in any jurisdiction which directly relates to the
30 practice of speech-language pathology or audiology.
31
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1 (d) Making or filing a report or record which the
2 licensee knows to be false, intentionally or negligently
3 failing to file a report or records required by state or
4 federal law, willfully impeding or obstructing such filing, or
5 inducing another person to impede or obstruct such filing.
6 Such report or record shall include only those reports or
7 records which are signed in one's capacity as a licensed
8 speech-language pathologist or audiologist.
9 (e) Advertising goods or services in a manner which is
10 fraudulent, false, deceptive, or misleading in form or
11 content.
12 (f) Being proven guilty of fraud or deceit or of
13 negligence, incompetency, or misconduct in the practice of
14 speech-language pathology or audiology.
15 (g) Violating a lawful order of the board or
16 department previously entered in a disciplinary hearing, or
17 failing to comply with a lawfully issued subpoena of the board
18 or department.
19 (h) Practicing with a revoked, suspended, inactive, or
20 delinquent license.
21 (i) Using, or causing or promoting the use of, any
22 advertising matter, promotional literature, testimonial,
23 guarantee, warranty, label, brand, insignia, or other
24 representation, however disseminated or published, which is
25 misleading, deceiving, or untruthful.
26 (j) Showing or demonstrating or, in the event of sale,
27 delivery of a product unusable or impractical for the purpose
28 represented or implied by such action.
29 (k) Failing to submit to the board on an annual basis,
30 or such other basis as may be provided by rule, certification
31
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1 of testing and calibration of such equipment as designated by
2 the board and on the form approved by the board.
3 (l) Aiding, assisting, procuring, employing, or
4 advising any licensee or business entity to practice
5 speech-language pathology or audiology contrary to this part,
6 chapter 456, or any rule adopted pursuant thereto.
7 (m) Violating any provision of this part or chapter
8 456 or any rule adopted pursuant thereto.
9 (m)(n) Misrepresenting the professional services
10 available in the fitting, sale, adjustment, service, or repair
11 of a hearing aid, or using any other term or title which might
12 connote the availability of professional services when such
13 use is not accurate.
14 (n)(o) Representing, advertising, or implying that a
15 hearing aid or its repair is guaranteed without providing full
16 disclosure of the identity of the guarantor; the nature,
17 extent, and duration of the guarantee; and the existence of
18 conditions or limitations imposed upon the guarantee.
19 (o)(p) Representing, directly or by implication, that
20 a hearing aid utilizing bone conduction has certain specified
21 features, such as the absence of anything in the ear or
22 leading to the ear, or the like, without disclosing clearly
23 and conspicuously that the instrument operates on the bone
24 conduction principle and that in many cases of hearing loss
25 this type of instrument may not be suitable.
26 (p)(q) Stating or implying that the use of any hearing
27 aid will improve or preserve hearing or prevent or retard the
28 progression of a hearing impairment or that it will have any
29 similar or opposite effect.
30 (q)(r) Making any statement regarding the cure of the
31 cause of a hearing impairment by the use of a hearing aid.
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1 (r)(s) Representing or implying that a hearing aid is
2 or will be "custom-made," "made to order," or
3 "prescription-made," or in any other sense specially
4 fabricated for an individual, when such is not the case.
5 (s)(t) Canvassing from house to house or by telephone,
6 either in person or by an agent, for the purpose of selling a
7 hearing aid, except that contacting persons who have evidenced
8 an interest in hearing aids, or have been referred as in need
9 of hearing aids, shall not be considered canvassing.
10 (t)(u) Failing to notify the department in writing of
11 a change in current mailing and place-of-practice address
12 within 30 days after such change.
13 (u)(v) Failing to provide all information as described
14 in ss. 468.1225(5)(b), 468.1245(1), and 468.1246.
15 (v)(w) Exercising influence on a client in such a
16 manner as to exploit the client for financial gain of the
17 licensee or of a third party.
18 (w)(x) Practicing or offering to practice beyond the
19 scope permitted by law or accepting and performing
20 professional responsibilities the licensee or
21 certificateholder knows, or has reason to know, the licensee
22 or certificateholder is not competent to perform.
23 (x)(y) Aiding, assisting, procuring, or employing any
24 unlicensed person to practice speech-language pathology or
25 audiology.
26 (y)(z) Delegating or contracting for the performance
27 of professional responsibilities by a person when the licensee
28 delegating or contracting for performance of such
29 responsibilities knows, or has reason to know, such person is
30 not qualified by training, experience, and authorization to
31 perform them.
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1 (z)(aa) Committing any act upon a patient or client
2 which would constitute sexual battery or which would
3 constitute sexual misconduct as defined pursuant to s.
4 468.1296.
5 (aa)(bb) Being unable to practice the profession for
6 which he or she is licensed or certified under this chapter
7 with reasonable skill or competence as a result of any mental
8 or physical condition or by reason of illness, drunkenness, or
9 use of drugs, narcotics, chemicals, or any other substance. In
10 enforcing this paragraph, upon a finding by the secretary, his
11 or her designee, or the board that probable cause exists to
12 believe that the licensee or certificateholder is unable to
13 practice the profession because of the reasons stated in this
14 paragraph, the department shall have the authority to compel a
15 licensee or certificateholder to submit to a mental or
16 physical examination by a physician, psychologist, clinical
17 social worker, marriage and family therapist, or mental health
18 counselor designated by the department or board. If the
19 licensee or certificateholder refuses to comply with the
20 department's order directing the examination, such order may
21 be enforced by filing a petition for enforcement in the
22 circuit court in the circuit in which the licensee or
23 certificateholder resides or does business. The department
24 shall be entitled to the summary procedure provided in s.
25 51.011. A licensee or certificateholder affected under this
26 paragraph shall at reasonable intervals be afforded an
27 opportunity to demonstrate that he or she can resume the
28 competent practice for which he or she is licensed or
29 certified with reasonable skill and safety to patients.
30 (bb) Violating any provision of this chapter or
31 chapter 456, or any rules adopted pursuant thereto.
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1 (2) The board may enter an order denying licensure or
2 imposing any of the penalties in s. 456.072(2) against any
3 applicant for licensure or licensee who is found guilty of
4 violating any provision of subsection (1) of this section or
5 who is found guilty of violating any provision of s.
6 456.072(1). When the board finds any person guilty of any of
7 the acts set forth in subsection (1), it may issue an order
8 imposing one or more of the following penalties:
9 (a) Refusal to certify, or to certify with
10 restrictions, an application for licensure.
11 (b) Suspension or permanent revocation of a license.
12 (c) Issuance of a reprimand.
13 (d) Restriction of the authorized scope of practice.
14 (e) Imposition of an administrative fine not to exceed
15 $1,000 for each count or separate offense.
16 (f) Placement of the licensee or certificateholder on
17 probation for a period of time and subject to such conditions
18 as the board may specify. Those conditions may include, but
19 are not limited to, requiring the licensee or
20 certificateholder to undergo treatment, attend continuing
21 education courses, submit to be reexamined, work under the
22 supervision of another licensee, or satisfy any terms which
23 are reasonably tailored to the violation found.
24 (g) Corrective action.
25 Section 145. Subsections (1) and (2) of section
26 468.1755, Florida Statutes, are amended to read:
27 468.1755 Disciplinary proceedings.--
28 (1) The following acts shall constitute grounds for
29 denial of a license or disciplinary action, as specified in s.
30 456.072(2) which the disciplinary actions in subsection (2)
31 may be taken:
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1 (a) Violation of any provision of s. 456.072(1) or s.
2 468.1745(1).
3 (b) Attempting to procure a license to practice
4 nursing home administration by bribery, by fraudulent
5 misrepresentation, or through an error of the department or
6 the board.
7 (c) Having a license to practice nursing home
8 administration revoked, suspended, or otherwise acted against,
9 including the denial of licensure, by the licensing authority
10 of another state, territory, or country.
11 (d) Being convicted or found guilty, regardless of
12 adjudication, of a crime in any jurisdiction which relates to
13 the practice of nursing home administration or the ability to
14 practice nursing home administration. Any plea of nolo
15 contendere shall be considered a conviction for purposes of
16 this part.
17 (e) Making or filing a report or record which the
18 licensee knows to be false, intentionally failing to file a
19 report or record required by state or federal law, willfully
20 impeding or obstructing such filing, or inducing another
21 person to impede or obstruct such filing. Such reports or
22 records shall include only those which are signed in the
23 capacity of a licensed nursing home administrator.
24 (f) Authorizing the discharge or transfer of a
25 resident for a reason other than those provided in ss. 400.022
26 and 400.0255.
27 (g) Advertising goods or services in a manner which is
28 fraudulent, false, deceptive, or misleading in form or
29 content.
30 (h) Fraud or deceit, negligence, incompetence, or
31 misconduct in the practice of nursing home administration.
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1 (i) A violation or repeated violations of this part,
2 chapter 456, or any rules promulgated pursuant thereto.
3 (i)(j) Violation of a lawful order of the board or
4 department previously entered in a disciplinary hearing or
5 failing to comply with a lawfully issued subpoena of the board
6 or department.
7 (j)(k) Practicing with a revoked, suspended, inactive,
8 or delinquent license.
9 (k)(l) Repeatedly acting in a manner inconsistent with
10 the health, safety, or welfare of the patients of the facility
11 in which he or she is the administrator.
12 (l)(m) Being unable to practice nursing home
13 administration with reasonable skill and safety to patients by
14 reason of illness, drunkenness, use of drugs, narcotics,
15 chemicals, or any other material or substance or as a result
16 of any mental or physical condition. In enforcing this
17 paragraph, upon a finding of the secretary or his or her
18 designee that probable cause exists to believe that the
19 licensee is unable to serve as a nursing home administrator
20 due to the reasons stated in this paragraph, the department
21 shall have the authority to issue an order to compel the
22 licensee to submit to a mental or physical examination by a
23 physician designated by the department. If the licensee
24 refuses to comply with such order, the department's order
25 directing such examination may be enforced by filing a
26 petition for enforcement in the circuit court where the
27 licensee resides or serves as a nursing home administrator.
28 The licensee against whom the petition is filed shall not be
29 named or identified by initials in any public court records or
30 documents, and the proceedings shall be closed to the public.
31 The department shall be entitled to the summary procedure
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1 provided in s. 51.011. A licensee affected under this
2 paragraph shall have the opportunity, at reasonable intervals,
3 to demonstrate that he or she can resume the competent
4 practice of nursing home administration with reasonable skill
5 and safety to patients.
6 (m)(n) Willfully or repeatedly violating any of the
7 provisions of the law, code, or rules of the licensing or
8 supervising authority or agency of the state or political
9 subdivision thereof having jurisdiction of the operation and
10 licensing of nursing homes.
11 (n)(o) Paying, giving, causing to be paid or given, or
12 offering to pay or to give to any person a commission or other
13 valuable consideration for the solicitation or procurement,
14 either directly or indirectly, of nursing home usage.
15 (o)(p) Willfully permitting unauthorized disclosure of
16 information relating to a patient or his or her records.
17 (p)(q) Discriminating with respect to patients,
18 employees, or staff on account of race, religion, color, sex,
19 or national origin.
20 (q) Violating any provision of this chapter or chapter
21 456, or any rules adopted pursuant thereto.
22 (2) The board may enter an order denying licensure or
23 imposing any of the penalties in s. 456.072(2) against any
24 applicant for licensure or licensee who is found guilty of
25 violating any provision of subsection (1) of this section or
26 who is found guilty of violating any provision of s.
27 456.072(1). When the board finds any nursing home
28 administrator guilty of any of the grounds set forth in
29 subsection (1), it may enter an order imposing one or more of
30 the following penalties:
31 (a) Denial of an application for licensure.
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1 (b) Revocation or suspension of a license.
2 (c) Imposition of an administrative fine not to exceed
3 $1,000 for each count or separate offense.
4 (d) Issuance of a reprimand.
5 (e) Placement of the licensee on probation for a
6 period of time and subject to such conditions as the board may
7 specify, including requiring the licensee to attend continuing
8 education courses or to work under the supervision of another
9 licensee.
10 (f) Restriction of the authorized scope of practice.
11 Section 146. Section 468.217, Florida Statutes, is
12 amended to read:
13 468.217 Denial of or refusal to renew license;
14 suspension and revocation of license and other disciplinary
15 measures.--
16 (1) The following acts constitute grounds for denial
17 of a license or disciplinary action, as specified in s.
18 456.072(2) The board may deny or refuse to renew a license,
19 suspend or revoke a license, issue a reprimand, impose a fine,
20 or impose probationary conditions upon a licensee, when the
21 licensee or applicant for license has been guilty of
22 unprofessional conduct which has endangered, or is likely to
23 endanger, the health, welfare, or safety of the public. Such
24 unprofessional conduct includes:
25 (a) Attempting to obtain, obtaining, or renewing a
26 license to practice occupational therapy by bribery, by
27 fraudulent misrepresentation, or through an error of the
28 department or the board.
29 (b) Having a license to practice occupational therapy
30 revoked, suspended, or otherwise acted against, including the
31
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1 denial of licensure, by the licensing authority of another
2 state, territory, or country.
3 (c) Being convicted or found guilty, regardless of
4 adjudication, of a crime in any jurisdiction which directly
5 relates to the practice of occupational therapy or to the
6 ability to practice occupational therapy. A plea of nolo
7 contendere shall be considered a conviction for the purposes
8 of this part.
9 (d) False, deceptive, or misleading advertising.
10 (e) Advertising, practicing, or attempting to practice
11 under a name other than one's own name.
12 (f) Failing to report to the department any person who
13 the licensee knows is in violation of this part or of the
14 rules of the department or of the board.
15 (g) Aiding, assisting, procuring, or advising any
16 unlicensed person to practice occupational therapy contrary to
17 this part or to a rule of the department or the board.
18 (h) Failing to perform any statutory or legal
19 obligation placed upon a licensed occupational therapist or
20 occupational therapy assistant.
21 (i) Making or filing a report which the licensee knows
22 to be false, intentionally or negligently failing to file a
23 report or record required by state or federal law, willfully
24 impeding or obstructing such filing or inducing another person
25 to do so. Such reports or records include only those which
26 are signed in the capacity as a licensed occupational
27 therapist or occupational therapy assistant.
28 (j) Paying or receiving any commission, bonus,
29 kickback, or rebate to or from, or engaging in any split-fee
30 arrangement in any form whatsoever with, a physician,
31 organization, agency, or person, either directly or
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1 indirectly, for patients referred to providers of health care
2 goods and services, including, but not limited to, hospitals,
3 nursing homes, clinical laboratories, ambulatory surgical
4 centers, or pharmacies. The provisions of this paragraph
5 shall not be construed to prevent an occupational therapist or
6 occupational therapy assistant from receiving a fee for
7 professional consultation services.
8 (k) Exercising influence within a patient-therapist
9 relationship for purposes of engaging a patient in sexual
10 activity. A patient is presumed to be incapable of giving
11 free, full, and informed consent to sexual activity with the
12 patient's occupational therapist or occupational therapy
13 assistant.
14 (l) Making deceptive, untrue, or fraudulent
15 representations in the practice of occupational therapy or
16 employing a trick or scheme in the practice of occupational
17 therapy if such scheme or trick fails to conform to the
18 generally prevailing standards of treatment in the
19 occupational therapy community.
20 (m) Soliciting patients, either personally or through
21 an agent, through the use of fraud, intimidation, undue
22 influence, or a form of overreaching or vexatious conduct. A
23 "solicitation" is any communication which directly or
24 implicitly requests an immediate oral response from the
25 recipient.
26 (n) Failing to keep written records justifying the
27 course of treatment of the patient, including, but not limited
28 to, patient histories, examination results, and test results.
29 (o) Exercising influence on the patient or client in
30 such a manner as to exploit the patient or client for
31 financial gain of the licensee or of a third party which
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1 includes, but is not limited to, the promoting or selling of
2 services, goods, appliances, or drugs.
3 (p) Performing professional services which have not
4 been duly authorized by the patient or client, or his or her
5 legal representative, except as provided in s. 768.13.
6 (q) Gross or repeated malpractice or the failure to
7 practice occupational therapy with that level of care, skill,
8 and treatment which is recognized by a reasonably prudent
9 similar occupational therapist or occupational therapy
10 assistant as being acceptable under similar conditions and
11 circumstances.
12 (r) Performing any procedure which, by the prevailing
13 standards of occupational therapy practice in the community,
14 would constitute experimentation on a human subject without
15 first obtaining full, informed, and written consent.
16 (s) Practicing or offering to practice beyond the
17 scope permitted by law or accepting and performing
18 professional responsibilities which the licensee knows or has
19 reason to know that he or she is not competent to perform.
20 (t) Being unable to practice occupational therapy with
21 reasonable skill and safety to patients by reason of illness
22 or use of alcohol, drugs, narcotics, chemicals, or any other
23 type of material or as a result of any mental or physical
24 condition. In enforcing this paragraph, the department shall
25 have, upon probable cause, authority to compel an occupational
26 therapist or occupational therapy assistant to submit to a
27 mental or physical examination by physicians designated by the
28 department. The failure of an occupational therapist or
29 occupational therapy assistant to submit to such examination
30 when so directed constitutes an admission of the allegations
31 against him or her, upon which a default and final order may
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1 be entered without the taking of testimony or presentation of
2 evidence, unless the failure was due to circumstances beyond
3 his or her control. An occupational therapist or occupational
4 therapy assistant affected under this paragraph shall at
5 reasonable intervals be afforded an opportunity to demonstrate
6 that he or she can resume the competent practice of
7 occupational therapy with reasonable skill and safety to
8 patients. In any proceeding under this paragraph, neither the
9 record of proceedings nor the orders entered by the board
10 shall be used against an occupational therapist or
11 occupational therapy assistant in any other proceeding.
12 (u) Delegating professional responsibilities to a
13 person when the licensee who is delegating such
14 responsibilities knows or has reason to know that such person
15 is not qualified by training, experience, or licensure to
16 perform them.
17 (v) Violating any provision of this part, a rule of
18 the board or department, or a lawful order of the board or
19 department previously entered in a disciplinary hearing or
20 failing to comply with a lawfully issued subpoena of the
21 department.
22 (w) Conspiring with another licensee or with any other
23 person to commit an act, or committing an act, which would
24 tend to coerce, intimidate, or preclude another licensee from
25 lawfully advertising his or her services.
26 (x) Violating any provision of this chapter or chapter
27 456, or any rules adopted pursuant thereto.
28 (2) The board may enter an order denying licensure or
29 imposing any of the penalties in s. 456.072(2) against any
30 applicant for licensure or licensee who is found guilty of
31 violating any provision of subsection (1) of this section or
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1 who is found guilty of violating any provision of s.
2 456.072(1).
3 (3)(2) The board may not reinstate the license of an
4 occupational therapist or occupational therapy assistant, or
5 cause a license to be issued to a person it has deemed
6 unqualified, until such time as the board is satisfied that
7 such person has complied with all the terms and conditions set
8 forth in the final order and is capable of safely engaging in
9 the practice of occupational therapy.
10 Section 147. Subsections (1) and (2) of section
11 468.365, Florida Statutes, are amended to read:
12 468.365 Disciplinary grounds and actions.--
13 (1) The following acts constitute grounds for denial
14 of a license or disciplinary action, as specified in s.
15 456.072(2) which the disciplinary actions in subsection (2)
16 may be taken:
17 (a) Procuring, attempting to procure, or renewing a
18 license as provided by this part by bribery, by fraudulent
19 misrepresentation, or through an error of the department or
20 the board.
21 (b) Having licensure, certification, registration, or
22 other authority, by whatever name known, to deliver
23 respiratory care services revoked, suspended, or otherwise
24 acted against, including the denial of licensure,
25 certification, registration, or other authority to deliver
26 respiratory care services by the licensing authority of
27 another state, territory, or country.
28 (c) Being convicted or found guilty of, or entering a
29 plea of nolo contendere to, regardless of adjudication, a
30 crime in any jurisdiction which directly relates to
31
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1 respiratory care services or to the ability to deliver such
2 services.
3 (d) Willfully making or filing a false report or
4 record, willfully failing to file a report or record required
5 by state or federal law, or willfully impeding or obstructing
6 such filing or inducing another person to do so. Such reports
7 or records include only those reports or records which require
8 the signature of a respiratory care practitioner or
9 respiratory therapist licensed pursuant to this part.
10 (e) Circulating false, misleading, or deceptive
11 advertising.
12 (f) Unprofessional conduct, which includes, but is not
13 limited to, any departure from, or failure to conform to,
14 acceptable standards related to the delivery of respiratory
15 care services, as set forth by the board in rules adopted
16 pursuant to this part.
17 (g) Engaging or attempting to engage in the
18 possession, sale, or distribution of controlled substances, as
19 set forth by law, for any purpose other than a legitimate
20 purpose.
21 (h) Willfully failing to report any violation of this
22 part.
23 (i) Willfully or repeatedly Violating a rule of the
24 board or the department or a lawful order of the board or
25 department previously entered in a disciplinary hearing.
26 (j) Violation of any rule adopted pursuant to this
27 part or chapter 456.
28 (j)(k) Engaging in the delivery of respiratory care
29 services with a revoked, suspended, or inactive license.
30 (k)(l) Permitting, aiding, assisting, procuring, or
31 advising any person who is not licensed pursuant to this part,
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1 contrary to this part or to any rule of the department or the
2 board.
3 (l)(m) Failing to perform any statutory or legal
4 obligation placed upon a respiratory care practitioner or
5 respiratory therapist licensed pursuant to this part.
6 (m)(n) Accepting and performing professional
7 responsibilities which the licensee knows, or has reason to
8 know, she or he is not competent to perform.
9 (n)(o) Delegating professional responsibilities to a
10 person when the licensee delegating such responsibilities
11 knows, or has reason to know, that such person is not
12 qualified by training, experience, or licensure to perform
13 them.
14 (o)(p) Gross or repeated malpractice or the failure to
15 deliver respiratory care services with that level of care,
16 skill, and treatment which is recognized by a reasonably
17 prudent respiratory care practitioner or respiratory therapist
18 with similar professional training as being acceptable under
19 similar conditions and circumstances.
20 (p)(q) Paying or receiving any commission, bonus,
21 kickback, or rebate to or from, or engaging in any split-fee
22 arrangement in any form whatsoever with, a person,
23 organization, or agency, either directly or indirectly, for
24 goods or services rendered to patients referred by or to
25 providers of health care goods and services, including, but
26 not limited to, hospitals, nursing homes, clinical
27 laboratories, ambulatory surgical centers, or pharmacies. The
28 provisions of this paragraph shall not be construed to prevent
29 the licensee from receiving a fee for professional
30 consultation services.
31
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1 (q)(r) Exercising influence within a respiratory care
2 relationship for the purpose of engaging a patient in sexual
3 activity. A patient is presumed to be incapable of giving
4 free, full, and informed consent to sexual activity with the
5 patient's respiratory care practitioner or respiratory
6 therapist.
7 (r)(s) Making deceptive, untrue, or fraudulent
8 representations in the delivery of respiratory care services
9 or employing a trick or scheme in the delivery of respiratory
10 care services if such a scheme or trick fails to conform to
11 the generally prevailing standards of other licensees within
12 the community.
13 (s)(t) Soliciting patients, either personally or
14 through an agent, through the use of fraud, deception, or
15 otherwise misleading statements or through the exercise of
16 intimidation or undue influence.
17 (t)(u) Failing to keep written respiratory care
18 records justifying the reason for the action taken by the
19 licensee.
20 (u)(v) Exercising influence on the patient in such a
21 manner as to exploit the patient for the financial gain of the
22 licensee or a third party, which includes, but is not limited
23 to, the promoting or selling of services, goods, appliances,
24 or drugs.
25 (v)(w) Performing professional services which have not
26 been duly ordered by a physician licensed pursuant to chapter
27 458 or chapter 459 and which are not in accordance with
28 protocols established by the hospital, other health care
29 provider, or the board, except as provided in ss. 743.064,
30 766.103, and 768.13.
31
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1 (w)(x) Being unable to deliver respiratory care
2 services with reasonable skill and safety to patients by
3 reason of illness or use of alcohol, drugs, narcotics,
4 chemicals, or any other type of material as a result of any
5 mental or physical condition. In enforcing this paragraph,
6 the department shall, upon probable cause, have authority to
7 compel a respiratory care practitioner or respiratory
8 therapist to submit to a mental or physical examination by
9 physicians designated by the department. The cost of
10 examination shall be borne by the licensee being examined.
11 The failure of a respiratory care practitioner or respiratory
12 therapist to submit to such an examination when so directed
13 constitutes an admission of the allegations against her or
14 him, upon which a default and a final order may be entered
15 without the taking of testimony or presentation of evidence,
16 unless the failure was due to circumstances beyond her or his
17 control. A respiratory care practitioner or respiratory
18 therapist affected under this paragraph shall at reasonable
19 intervals be afforded an opportunity to demonstrate that she
20 or he can resume the competent delivery of respiratory care
21 services with reasonable skill and safety to her or his
22 patients. In any proceeding under this paragraph, neither the
23 record of proceedings nor the orders entered by the board
24 shall be used against a respiratory care practitioner or
25 respiratory therapist in any other proceeding.
26 (x) Violating any provision of this chapter or chapter
27 456, or any rules adopted pursuant thereto.
28 (2) The board may enter an order denying licensure or
29 imposing any of the penalties in s. 456.072(2) against any
30 applicant for licensure or licensee who is found guilty of
31 violating any provision of subsection (1) of this section or
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1 who is found guilty of violating any provision of s.
2 456.072(1). If the board finds any person guilty of any of the
3 grounds set forth in subsection (1), it may enter an order
4 imposing one or more of the following penalties:
5 (a) Denial of an application for licensure.
6 (b) Revocation or suspension of licensure.
7 (c) Imposition of an administrative fine not to exceed
8 $1,000 for each count or separate offense.
9 (d) Placement of the respiratory care practitioner or
10 respiratory therapist on probation for such period of time and
11 subject to such conditions as the board may specify,
12 including, but not limited to, requiring the respiratory care
13 practitioner or respiratory therapist to submit to treatment,
14 to attend continuing education courses, or to work under the
15 supervision of another respiratory care practitioner or
16 respiratory therapist.
17 (e) Issuance of a reprimand.
18 Section 148. Subsections (1) and (2) of section
19 468.518, Florida Statutes, are amended to read:
20 468.518 Grounds for disciplinary action.--
21 (1) The following acts constitute grounds for denial
22 of a license or disciplinary action, as specified in s.
23 456.072(2) which the disciplinary actions in subsection (2)
24 may be taken:
25 (a) Violating any provision of this part, any board or
26 agency rule adopted pursuant thereto, or any lawful order of
27 the board or agency previously entered in a disciplinary
28 hearing held pursuant to this part, or failing to comply with
29 a lawfully issued subpoena of the agency. The provisions of
30 this paragraph also apply to any order or subpoena previously
31
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1 issued by the Department of Health during its period of
2 regulatory control over this part.
3 (b) Being unable to engage in dietetics and nutrition
4 practice or nutrition counseling with reasonable skill and
5 safety to patients by reason of illness or use of alcohol,
6 drugs, narcotics, chemicals, or any other type of material or
7 as a result of any mental or physical condition.
8 1. A licensee whose license is suspended or revoked
9 pursuant to this paragraph shall, at reasonable intervals, be
10 given an opportunity to demonstrate that he or she can resume
11 the competent practice of dietetics and nutrition or nutrition
12 counseling with reasonable skill and safety to patients.
13 2. Neither the record of the proceeding nor the orders
14 entered by the board in any proceeding under this paragraph
15 may be used against a licensee in any other proceeding.
16 (c) Attempting to procure or procuring a license to
17 practice dietetics and nutrition or nutrition counseling by
18 fraud or material misrepresentation of material fact.
19 (d) Having a license to practice dietetics and
20 nutrition or nutrition counseling revoked, suspended, or
21 otherwise acted against, including the denial of licensure by
22 the licensing authority of another state, district, territory,
23 or country.
24 (e) Being convicted or found guilty of, or entering a
25 plea of nolo contendere to, regardless of adjudication, a
26 crime in any jurisdiction which directly relates to the
27 practice of dietetics and nutrition or nutrition counseling or
28 the ability to practice dietetics and nutrition or nutrition
29 counseling.
30 (f) Making or filing a report or record that the
31 licensee knows to be false, willfully failing to file a report
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1 or record required by state or federal law, willfully impeding
2 or obstructing such filing, or inducing another person to
3 impede or obstruct such filing. Such reports or records
4 include only those that are signed in the capacity of a
5 licensed dietitian/nutritionist or licensed nutrition
6 counselor.
7 (g) Advertising goods or services in a manner that is
8 fraudulent, false, deceptive, or misleading in form or
9 content.
10 (h) Committing an act of fraud or deceit, or of
11 negligence, incompetency, or misconduct in the practice of
12 dietetics and nutrition or nutrition counseling.
13 (i) Practicing with a revoked, suspended, inactive, or
14 delinquent license.
15 (j) Treating or undertaking to treat human ailments by
16 means other than by dietetics and nutrition practice or
17 nutrition counseling.
18 (k) Failing to maintain acceptable standards of
19 practice as set forth by the board and the council in rules
20 adopted pursuant to this part.
21 (l) Engaging directly or indirectly in the dividing,
22 transferring, assigning, rebating, or refunding of fees
23 received for professional services, or profiting by means of a
24 credit or other valuable consideration, such as an unearned
25 commission, discount, or gratuity, with any person referring a
26 patient or with any relative or business associate of the
27 referring person. Nothing in this part prohibits the members
28 of any regularly and properly organized business entity that
29 is composed of licensees under this part and recognized under
30 the laws of this state from making any division of their total
31 fees among themselves as they determine necessary.
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1 (m) Advertising, by or on behalf of a licensee under
2 this part, any method of assessment or treatment which is
3 experimental or without generally accepted scientific
4 validation.
5 (n) Violating any provision of this chapter or chapter
6 456, or any rules adopted pursuant thereto.
7 (2) The board may enter an order denying licensure or
8 imposing any of the penalties in s. 456.072(2) against any
9 applicant for licensure or licensee who is found guilty of
10 violating any provision of subsection (1) of this section or
11 who is found guilty of violating any provision of s.
12 456.072(1). When the board finds any licensee guilty of any of
13 the grounds set forth in subsection (1), it may enter an order
14 imposing one or more of the following penalties:
15 (a) Denial of an application for licensure;
16 (b) Revocation or suspension of a license;
17 (c) Imposition of an administrative fine not to exceed
18 $1,000 for each violation;
19 (d) Issuance of a reprimand or letter of guidance;
20 (e) Placement of the licensee on probation for a
21 period of time and subject to such conditions as the board may
22 specify, including requiring the licensee to attend continuing
23 education courses or to work under the supervision of a
24 licensed dietitian/nutritionist or licensed nutrition
25 counselor; or
26 (f) Restriction of the authorized scope of practice of
27 the licensee.
28 Section 149. Section 468.719, Florida Statutes, is
29 amended to read:
30 468.719 Disciplinary actions.--
31
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1 (1) The following acts constitute shall be grounds for
2 denial of a license or disciplinary action, as specified in s.
3 456.072(2) disciplinary actions provided for in subsection
4 (2):
5 (a) A violation of any law relating to the practice of
6 athletic training, including, but not limited to, any
7 violation of this part, s. 456.072, or any rule adopted
8 pursuant thereto.
9 (a)(b) Failing to include the athletic trainer's name
10 and license number in any advertising, including, but not
11 limited to, business cards and letterhead, related to the
12 practice of athletic training. Advertising shall not include
13 clothing or other novelty items.
14 (b)(c) Committing incompetency or misconduct in the
15 practice of athletic training.
16 (c)(d) Committing fraud or deceit in the practice of
17 athletic training.
18 (d)(e) Committing negligence, gross negligence, or
19 repeated negligence in the practice of athletic training.
20 (e)(f) While practicing athletic training, being
21 unable to practice athletic training with reasonable skill and
22 safety to athletes by reason of illness or use of alcohol or
23 drugs or as a result of any mental or physical condition.
24 (f) Violating any provision of this chapter or chapter
25 456, or any rules adopted pursuant thereto.
26 (2) The board may enter an order denying licensure or
27 imposing any of the penalties in s. 456.072(2) against any
28 applicant for licensure or licensee who is found guilty of
29 violating any provision of subsection (1) of this section or
30 who is found guilty of violating any provision of s.
31 456.072(1). When the board finds any person guilty of any of
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1 the acts set forth in subsection (1), the board may enter an
2 order imposing one or more of the penalties provided in s.
3 456.072.
4 Section 150. Section 468.811, Florida Statutes, is
5 amended to read:
6 468.811 Disciplinary proceedings.--
7 (1) The following acts constitute are grounds for
8 denial of a license or disciplinary action, as specified in s.
9 456.072(2): disciplinary action against a licensee and the
10 issuance of cease and desist orders or other related action by
11 the department, pursuant to s. 456.072, against any person who
12 engages in or aids in a violation.
13 (a) Attempting to procure a license by fraudulent
14 misrepresentation.
15 (b) Having a license to practice orthotics,
16 prosthetics, or pedorthics revoked, suspended, or otherwise
17 acted against, including the denial of licensure in another
18 jurisdiction.
19 (c) Being convicted or found guilty of or pleading
20 nolo contendere to, regardless of adjudication, in any
21 jurisdiction, a crime that directly relates to the practice of
22 orthotics, prosthetics, or pedorthics, including violations of
23 federal laws or regulations regarding orthotics, prosthetics,
24 or pedorthics.
25 (d) Filing a report or record that the licensee knows
26 is false, intentionally or negligently failing to file a
27 report or record required by state or federal law, willfully
28 impeding or obstructing such filing, or inducing another
29 person to impede or obstruct such filing. Such reports or
30 records include only reports or records that are signed in a
31 person's capacity as a licensee under this act.
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1 (e) Advertising goods or services in a fraudulent,
2 false, deceptive, or misleading manner.
3 (f) Violation of this act or chapter 456, or any rules
4 adopted thereunder.
5 (f)(g) Violation of an order of the board, agency, or
6 department previously entered in a disciplinary hearing or
7 failure to comply with a subpoena issued by the board, agency,
8 or department.
9 (g)(h) Practicing with a revoked, suspended, or
10 inactive license.
11 (h)(i) Gross or repeated malpractice or the failure to
12 deliver orthotic, prosthetic, or pedorthic services with that
13 level of care and skill which is recognized by a reasonably
14 prudent licensed practitioner with similar professional
15 training as being acceptable under similar conditions and
16 circumstances.
17 (i)(j) Failing to provide written notice of any
18 applicable warranty for an orthosis, prosthesis, or pedorthic
19 device that is provided to a patient.
20 (j) Violating any provision of this chapter or chapter
21 456, or any rules adopted pursuant thereto.
22 (2) The board may enter an order denying licensure or
23 imposing any of the penalties in s. 456.072(2) against any
24 applicant for licensure or licensee who is found guilty of
25 violating any provision of subsection (1) of this section or
26 who is found guilty of violating any provision of s.
27 456.072(1). The board may enter an order imposing one or more
28 of the penalties in s. 456.072(2) against any person who
29 violates any provision of subsection (1).
30 Section 151. Subsections (1) and (2) of section
31 478.52, Florida Statutes, are amended to read:
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1 478.52 Disciplinary proceedings.--
2 (1) The following acts constitute are grounds for
3 denial of a license or disciplinary action, as specified in s.
4 456.072(2) which the disciplinary actions in subsection (2)
5 may be taken:
6 (a) Obtaining or attempting to obtain a license by
7 bribery, fraud, or knowing misrepresentation.
8 (b) Having a license or other authority to deliver
9 electrolysis services revoked, suspended, or otherwise acted
10 against, including denial of licensure, in another
11 jurisdiction.
12 (c) Being convicted or found guilty of, or entering a
13 plea of nolo contendere to, regardless of adjudication, a
14 crime, in any jurisdiction, which directly relates to the
15 practice of electrology.
16 (d) Willfully making or filing a false report or
17 record, willfully failing to file a report or record required
18 for electrologists, or willfully impeding or obstructing the
19 filing of a report or record required by this act or inducing
20 another person to do so.
21 (e) Circulating false, misleading, or deceptive
22 advertising.
23 (f) Unprofessional conduct, including any departure
24 from, or failure to conform to, acceptable standards related
25 to the delivery of electrolysis services.
26 (g) Engaging or attempting to engage in the illegal
27 possession, sale, or distribution of any illegal or controlled
28 substance.
29 (h) Willfully failing to report any known violation of
30 this chapter.
31
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1 (i) Willfully or repeatedly violating a rule adopted
2 under this chapter, or an order of the board or department
3 previously entered in a disciplinary hearing.
4 (j) Engaging in the delivery of electrolysis services
5 without an active license.
6 (k) Employing an unlicensed person to practice
7 electrology.
8 (l) Failing to perform any statutory or legal
9 obligation placed upon an electrologist.
10 (m) Accepting and performing professional
11 responsibilities which the licensee knows, or has reason to
12 know, she or he is not competent to perform.
13 (n) Delegating professional responsibilities to a
14 person the licensee knows, or has reason to know, is
15 unqualified by training, experience, or licensure to perform.
16 (o) Gross or repeated malpractice or the inability to
17 practice electrology with reasonable skill and safety.
18 (p) Judicially determined mental incompetency.
19 (q) Practicing or attempting to practice electrology
20 under a name other than her or his own.
21 (r) Being unable to practice electrology with
22 reasonable skill and safety because of a mental or physical
23 condition or illness, or the use of alcohol, controlled
24 substances, or any other substance which impairs one's ability
25 to practice.
26 1. The department may, upon probable cause, compel a
27 licensee to submit to a mental or physical examination by
28 physicians designated by the department. The cost of an
29 examination shall be borne by the licensee, and her or his
30 failure to submit to such an examination constitutes an
31 admission of the allegations against her or him, consequent
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1 upon which a default and a final order may be entered without
2 the taking of testimony or presentation of evidence, unless
3 the failure was due to circumstances beyond her or his
4 control.
5 2. A licensee who is disciplined under this paragraph
6 shall, at reasonable intervals, be afforded an opportunity to
7 demonstrate that she or he can resume the practice of
8 electrology with reasonable skill and safety.
9 3. In any proceeding under this paragraph, the record
10 of proceedings or the orders entered by the board may not be
11 used against a licensee in any other proceeding.
12 (s) Disclosing the identity of or information about a
13 patient without written permission, except for information
14 which does not identify a patient and which is used for
15 training purposes in an approved electrolysis training
16 program.
17 (t) Practicing or attempting to practice any permanent
18 hair removal except as described in s. 478.42(5).
19 (u) Operating any electrolysis facility unless it has
20 been duly licensed as provided in this chapter.
21 (v) Violating any provision of this chapter or chapter
22 456, or any rules adopted pursuant thereto.
23 (2) The board may enter an order denying licensure or
24 imposing any of the penalties in s. 456.072(2) against any
25 applicant for licensure or licensee who is found guilty of
26 violating any provision of subsection (1) of this section or
27 who is found guilty of violating any provision of s.
28 456.072(1). When the board finds any person guilty of any of
29 the grounds set forth in subsection (1), including conduct
30 that would constitute a substantial violation of subsection
31
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1 (1) which occurred prior to licensure, it may enter an order
2 imposing one or more of the following penalties:
3 (a) Deny the application for licensure.
4 (b) Revoke or suspend the license.
5 (c) Impose an administrative fine not to exceed $5,000
6 for each count or separate offense.
7 (d) Place the licensee on probation for a specified
8 time and subject the licensee to such conditions as the board
9 determines necessary, including, but not limited to, requiring
10 treatment, continuing education courses, reexamination, or
11 working under the supervision of another licensee.
12 (e) Issue a reprimand to the licensee.
13 (f) Restriction of a licensee's practice.
14 Section 152. Subsections (1) and (2) of section
15 480.046, Florida Statutes, are amended to read:
16 480.046 Grounds for disciplinary action by the
17 board.--
18 (1) The following acts shall constitute grounds for
19 denial of a license or disciplinary action, as specified in s.
20 456.072(2) which disciplinary actions specified in subsection
21 (2) may be taken against a massage therapist or massage
22 establishment licensed under this act:
23 (a) Attempting to procure a license to practice
24 massage by bribery or fraudulent misrepresentation.
25 (b) Having a license to practice massage revoked,
26 suspended, or otherwise acted against, including the denial of
27 licensure, by the licensing authority of another state,
28 territory, or country.
29 (c) Being convicted or found guilty, regardless of
30 adjudication, of a crime in any jurisdiction which directly
31 relates to the practice of massage or to the ability to
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1 practice massage. Any plea of nolo contendere shall be
2 considered a conviction for purposes of this chapter.
3 (d) False, deceptive, or misleading advertising.
4 (e) Aiding, assisting, procuring, or advising any
5 unlicensed person to practice massage contrary to the
6 provisions of this chapter or to a rule of the department or
7 the board.
8 (f) Making deceptive, untrue, or fraudulent
9 representations in the practice of massage.
10 (g) Being unable to practice massage with reasonable
11 skill and safety 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 probable
15 cause, authority to compel a massage therapist to submit to a
16 mental or physical examination by physicians designated by the
17 department. Failure of a massage therapist to submit to such
18 examination when so directed, unless the failure was due to
19 circumstances beyond her or his control, shall constitute an
20 admission of the allegations against her or him, consequent
21 upon which a default and final order may be entered without
22 the taking of testimony or presentation of evidence. A
23 massage therapist affected under this paragraph shall at
24 reasonable intervals be afforded an opportunity to demonstrate
25 that she or he can resume the competent practice of massage
26 with reasonable skill and safety to clients.
27 (h) Gross or repeated malpractice or the failure to
28 practice massage with that level of care, skill, and treatment
29 which is recognized by a reasonably prudent massage therapist
30 as being acceptable under similar conditions and
31 circumstances.
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1 (i) Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities which the licensee knows or has
4 reason to know that she or he is not competent to perform.
5 (j) Delegating professional responsibilities to a
6 person when the licensee delegating such responsibilities
7 knows or has reason to know that such person is not qualified
8 by training, experience, or licensure to perform.
9 (k) Violating any provision of this chapter, a rule of
10 the board or department, or a lawful order of the board or
11 department previously entered in a disciplinary hearing, or
12 failing to comply with a lawfully issued subpoena of the
13 department.
14 (l) Refusing to permit the department to inspect the
15 business premises of the licensee during regular business
16 hours.
17 (m) Failing to keep the equipment and premises of the
18 massage establishment in a clean and sanitary condition.
19 (n) Practicing massage at a site, location, or place
20 which is not duly licensed as a massage establishment, except
21 that a massage therapist, as provided by rules adopted by the
22 board, may provide massage services, excluding colonic
23 irrigation, at the residence of a client, at the office of the
24 client, at a sports event, at a convention, or at a trade
25 show.
26 (o) Violating any provision of this chapter or chapter
27 456, or any rules adopted pursuant thereto.
28 (2) The board may enter an order denying licensure or
29 imposing any of the penalties in s. 456.072(2) against any
30 applicant for licensure or licensee who is found guilty of
31 violating any provision of subsection (1) of this section or
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1 who is found guilty of violating any provision of s.
2 456.072(1). When the board finds any person guilty of any of
3 the grounds set forth in subsection (1), it may enter an order
4 imposing one or more of the following penalties:
5 (a) Refusal to license an applicant.
6 (b) Revocation or suspension of a license.
7 (c) Issuance of a reprimand or censure.
8 (d) Imposition of an administrative fine not to exceed
9 $1,000 for each count or separate offense.
10 Section 153. Section 483.825, Florida Statutes, is
11 amended to read:
12 483.825 Grounds for disciplinary action.--
13 (1) The following acts constitute grounds for denial
14 of a license or disciplinary action, as specified in s.
15 456.072(2) which disciplinary actions specified in s. 483.827
16 may be taken against applicants, registrants, and licensees
17 under this part:
18 (a)(1) Attempting to obtain, obtaining, or renewing a
19 license or registration under this part by bribery, by
20 fraudulent misrepresentation, or through an error of the
21 department or the board.
22 (b)(2) Engaging in or attempting to engage in, or
23 representing herself or himself as entitled to perform, any
24 clinical laboratory procedure or category of procedures not
25 authorized pursuant to her or his license.
26 (c)(3) Demonstrating incompetence or making consistent
27 errors in the performance of clinical laboratory examinations
28 or procedures or erroneous reporting.
29 (d)(4) Performing a test and rendering a report
30 thereon to a person not authorized by law to receive such
31 services.
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1 (e)(5) Has been convicted or found guilty of, or
2 entered a plea of nolo contendere to, regardless of
3 adjudication, a crime in any jurisdiction which directly
4 relates to the activities of clinical laboratory personnel or
5 involves moral turpitude or fraudulent or dishonest dealing.
6 The record of a conviction certified or authenticated in such
7 form as to be admissible in evidence under the laws of the
8 state shall be admissible as prima facie evidence of such
9 guilt.
10 (f)(6) Having been adjudged mentally or physically
11 incompetent.
12 (g)(7) Violating or Aiding and abetting in the
13 violation of any provision of this part or the rules adopted
14 hereunder.
15 (h)(8) Reporting a test result when no laboratory test
16 was performed on a clinical specimen.
17 (i)(9) Knowingly advertising false services or
18 credentials.
19 (j)(10) Having a license revoked, suspended, or
20 otherwise acted against, including the denial of licensure, by
21 the licensing authority of another jurisdiction. The licensing
22 authority's acceptance of a relinquishment of a license,
23 stipulation, consent order, or other settlement, offered in
24 response to or in anticipation of the filing of administrative
25 charges against the licensee, shall be construed as action
26 against the licensee.
27 (k)(11) Failing to report to the board, in writing,
28 within 30 days that an action under subsection (5), subsection
29 (6), or subsection (10) has been taken against the licensee or
30 one's license to practice as clinical laboratory personnel in
31 another state, territory, country, or other jurisdiction.
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1 (l)(12) Being unable to perform or report clinical
2 laboratory examinations with reasonable skill and safety to
3 patients by reason of illness or use of alcohol, drugs,
4 narcotics, chemicals, or any other type of material or as a
5 result of any mental or physical condition. In enforcing this
6 subsection, the department shall have, upon a finding of the
7 secretary or his or her designee that probable cause exists to
8 believe that the licensee is unable to practice because of the
9 reasons stated in this subsection, the authority to issue an
10 order to compel a licensee to submit to a mental or physical
11 examination by physicians designated by the department. If
12 the licensee refuses to comply with such order, the
13 department's order directing such examination may be enforced
14 by filing a petition for enforcement in the circuit court
15 where the licensee resides or does business. The department
16 shall be entitled to the summary procedure provided in s.
17 51.011. A licensee affected under this subsection shall at
18 reasonable intervals be afforded an opportunity to demonstrate
19 that he or she can resume competent practice with reasonable
20 skill and safety to patients.
21 (m)(13) Delegating professional responsibilities to a
22 person when the licensee delegating such responsibilities
23 knows, or has reason to know, that such person is not
24 qualified by training, experience, or licensure to perform
25 them.
26 (n)(14) Violating a previous order of the board
27 entered in a disciplinary proceeding.
28 (o)(15) Failing to report to the department a person
29 or other licensee who the licensee knows is in violation of
30 this chapter or the rules of the department or board adopted
31 hereunder.
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1 (p)(16) Making or filing a report which the licensee
2 knows to be false, intentionally or negligently failing to
3 file a report or record required by state or federal law,
4 willfully impeding or obstructing such filing or inducing
5 another person to do so, including, but not limited to,
6 impeding an agent of the state from obtaining a report or
7 record for investigative purposes. Such reports or records
8 shall include only those generated in the capacity as a
9 licensed clinical laboratory personnel.
10 (q)(17) Paying or receiving any commission, bonus,
11 kickback, or rebate, or engaging in any split-fee arrangement
12 in any form whatsoever with a physician, organization, agency,
13 or person, either directly or indirectly for patients referred
14 to providers of health care goods and services including, but
15 not limited to, hospitals, nursing homes, clinical
16 laboratories, ambulatory surgical centers, or pharmacies. The
17 provisions of this subsection shall not be construed to
18 prevent a clinical laboratory professional from receiving a
19 fee for professional consultation services.
20 (r)(18) Exercising influence on a patient or client in
21 such a manner as to exploit the patient or client for the
22 financial gain of the licensee or other third party, which
23 shall include, but not be limited to, the promoting, selling,
24 or withholding of services, goods, appliances, referrals, or
25 drugs.
26 (s)(19) Practicing or offering to practice beyond the
27 scope permitted by law or rule, or accepting or performing
28 professional services or responsibilities which the licensee
29 knows or has reason to know that he or she is not competent to
30 perform.
31
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1 (t)(20) Misrepresenting or concealing a material fact
2 at any time during any phase of the licensing, investigative,
3 or disciplinary process, procedure, or proceeding.
4 (u)(21) Improperly interfering with an investigation
5 or any disciplinary proceeding.
6 (v)(22) Engaging in or attempting to engage in sexual
7 misconduct, causing undue embarrassment or using disparaging
8 language or language of a sexual nature towards a patient,
9 exploiting superior/subordinate, professional/patient,
10 instructor/student relationships for personal gain, sexual
11 gratification, or advantage.
12 (w) Violating any provision of this chapter or chapter
13 456, or any rules adopted pursuant thereto.
14 (2) The board may enter an order denying licensure or
15 imposing any of the penalties in s. 456.072(2) against any
16 applicant for licensure or licensee who is found guilty of
17 violating any provision of subsection (1) of this section or
18 who is found guilty of violating any provision of s.
19 456.072(1).
20 (3) In determining the amount of the fine to be levied
21 for a violation, as provided in subsection (1), the following
22 factors shall be considered:
23 (a) The severity of the violation, including the
24 probability that death or serious harm to the health or safety
25 of any person will result or has resulted, the severity of the
26 actual or potential harm, and the extent to which the
27 provisions of this part were violated.
28 (b) Actions taken by the licensee to correct the
29 violation or to remedy complaints.
30 (c) Any previous violation by the licensee.
31
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1 (d) The financial benefit to the licensee of
2 committing or continuing the violation.
3 Section 154. Section 483.827, Florida Statutes, is
4 repealed.
5 Section 155. Subsection (6) of section 483.901,
6 Florida Statutes, is amended to read:
7 483.901 Medical physicists; definitions; licensure.--
8 (6) LICENSE REQUIRED.--An individual may not engage in
9 the practice of medical physics, including the specialties of
10 diagnostic radiological physics, therapeutic radiological
11 physics, medical nuclear radiological physics, or medical
12 health physics, without a license issued by the department for
13 the appropriate specialty.
14 (a) The department shall adopt rules to administer
15 this section which specify license application and renewal
16 fees, continuing education requirements, and standards for
17 practicing medical physics. The council shall recommend to
18 the department continuing education requirements that shall be
19 a condition of license renewal. The department shall require
20 a minimum of 24 hours per biennium of continuing education
21 offered by an organization recommended by the council and
22 approved by the department. The department, upon
23 recommendation of the council, may adopt rules to specify
24 continuing education requirements for persons who hold a
25 license in more than one specialty.
26 (b) In order to apply for a medical physicist license
27 in one or more specialties, a person must file an individual
28 application for each specialty with the department. The
29 application must be on a form prescribed by the department and
30 must be accompanied by a nonrefundable application fee for
31 each specialty.
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1 (c) The department may issue a license to an eligible
2 applicant if the applicant meets all license requirements. At
3 any time before the department issues a license, the applicant
4 may request in writing that the application be withdrawn. To
5 reapply, the applicant must submit a new application and an
6 additional nonrefundable application fee and must meet all
7 current licensure requirements.
8 (d) The department shall review each completed
9 application for a license which the department receives.
10 (e) On receipt of an application and fee as specified
11 in this section, the department may issue a license to
12 practice medical physics in this state on or after October 1,
13 1997, to a person who is board certified in the medical
14 physics specialty in which the applicant applies to practice
15 by the American Board of Radiology for diagnostic radiological
16 physics, therapeutic radiological physics, or medical nuclear
17 radiological physics; by the American Board of Medical Physics
18 for diagnostic radiological physics, therapeutic radiological
19 physics, or medical nuclear radiological physics; or by the
20 American Board of Health Physics or an equivalent certifying
21 body approved by the department.
22 (f) A licensee shall:
23 1. Display the license in a place accessible to the
24 public; and
25 2. Report immediately any change in the licensee's
26 address or name to the department.
27 (g) The following acts constitute are grounds for
28 denial of a license or disciplinary action, as specified in s.
29 456.072(2) which the disciplinary actions in paragraph (h) may
30 be taken:
31
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1 1. Obtaining or attempting to obtain a license by
2 bribery, fraud, knowing misrepresentation, or concealment of
3 material fact or through an error of the department.
4 2. Having a license denied, revoked, suspended, or
5 otherwise acted against in another jurisdiction.
6 3. Being convicted or found guilty of, or entering a
7 plea of nolo contendere to, regardless of adjudication, a
8 crime in any jurisdiction which relates to the practice of, or
9 the ability to practice, the profession of medical physics.
10 4. Willfully failing to file a report or record
11 required for medical physics or willfully impeding or
12 obstructing the filing of a report or record required by this
13 section or inducing another person to do so.
14 5. Making misleading, deceptive, or fraudulent
15 representations in or related to the practice of medical
16 physics.
17 6. Willfully failing to report any known violation of
18 this section or any rule adopted thereunder.
19 7. Willfully or repeatedly violating a rule adopted
20 under this section or an order of the department.
21 7.8. Failing to perform any statutory or legal
22 obligation placed upon a licensee.
23 8.9. Aiding, assisting, procuring, employing, or
24 advising any unlicensed person to practice medical physics
25 contrary to this section or any rule adopted thereunder.
26 9.10. Delegating or contracting for the performance of
27 professional responsibilities by a person when the licensee
28 delegating or contracting such responsibilities knows, or has
29 reason to know, such person is not qualified by training,
30 experience, and authorization to perform them.
31
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1 10.11. Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities the licensee knows, or has
4 reason to know, the licensee is not competent to perform.
5 11.12. Gross or repeated malpractice or the inability
6 to practice medical physics with reasonable skill and safety.
7 12.13. Judicially determined mental incompetency.
8 13.14. Being unable to practice medical physics with
9 reasonable skill and safety because of a mental or physical
10 condition or illness or the use of alcohol, controlled
11 substances, or any other substance which impairs one's ability
12 to practice.
13 a. The department may, upon probable cause, compel a
14 licensee to submit to a mental or physical examination by
15 physicians designated by the department. The cost of an
16 examination shall be borne by the licensee, and the licensee's
17 failure to submit to such an examination constitutes an
18 admission of the allegations against the licensee, consequent
19 upon which a default and a final order may be entered without
20 the taking of testimony or presentation of evidence, unless
21 the failure was due to circumstances beyond the licensee's
22 control.
23 b. A licensee who is disciplined under this
24 subparagraph shall, at reasonable intervals, be afforded an
25 opportunity to demonstrate that the licensee can resume the
26 practice of medical physics with reasonable skill and safety.
27 c. With respect to any proceeding under this
28 subparagraph, the record of proceedings or the orders entered
29 by the department may not be used against a licensee in any
30 other proceeding.
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1 14. Violating any provision of this chapter or chapter
2 456, or any rules adopted pursuant thereto.
3 (h) The board may enter an order denying licensure or
4 imposing any of the penalties in s. 456.072(2) against any
5 applicant for licensure or licensee who is found guilty of
6 violating any provision of subsection (1) of this section or
7 who is found guilty of violating any provision of s.
8 456.072(1). When the department finds any person guilty of any
9 of the grounds set forth in paragraph (g), including conduct
10 that would constitute a substantial violation of paragraph (g)
11 which occurred prior to licensure, it may enter an order
12 imposing one or more of the following penalties:
13 1. Deny the application for licensure.
14 2. Revoke or suspend the license.
15 3. Impose an administrative fine for each count or
16 separate offense.
17 4. Place the licensee on probation for a specified
18 time and subject the licensee to such conditions as the
19 department determines necessary, including requiring
20 treatment, continuing education courses, or working under the
21 monitoring or supervision of another licensee.
22 5. Restrict a licensee's practice.
23 6. Issue a reprimand to the licensee.
24 (i) The department may not issue or reinstate a
25 license to a person it has deemed unqualified until it is
26 satisfied that such person has complied with the terms and
27 conditions of the final order and that the licensee can safely
28 practice medical physics.
29 (j) Upon receipt of a complete application and the fee
30 set forth by rule, the department may issue a
31 physicist-in-training certificate to a person qualified to
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1 practice medical physics under direct supervision. The
2 department may establish by rule requirements for initial
3 certification and renewal of a physicist-in-training
4 certificate.
5 Section 156. Subsections (1) and (2) of section
6 484.014, Florida Statutes, are amended to read:
7 484.014 Disciplinary actions.--
8 (1) The following acts constitute relating to the
9 practice of opticianry shall be grounds for denial of a
10 license or disciplinary action, as specified in s. 456.072(2)
11 both disciplinary action against an optician as set forth in
12 this section and cease and desist or other related action by
13 the department as set forth in s. 456.065 against any person
14 operating an optical establishment who engages in, aids, or
15 abets any such violation:
16 (a) Procuring or attempting to procure a license by
17 misrepresentation, bribery, or fraud or through an error of
18 the department or the board.
19 (b) Procuring or attempting to procure a license for
20 any other person by making or causing to be made any false
21 representation.
22 (c) Making or filing a report or record which the
23 licensee knows to be false, intentionally or negligently
24 failing to file a report or record required by federal or
25 state law, willfully impeding or obstructing such filing, or
26 inducing another person to do so. Such reports or records
27 shall include only those which the person is required to make
28 or file as an optician.
29 (d) Failing to make fee or price information readily
30 available by providing such information upon request or upon
31 the presentation of a prescription.
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1 (e) Advertising goods or services in a manner which is
2 fraudulent, false, deceptive, or misleading in form or
3 content.
4 (f) Fraud or deceit, or negligence, incompetency, or
5 misconduct, in the authorized practice of opticianry.
6 (g) Violation or repeated violation of this part or of
7 chapter 456 or any rules promulgated pursuant thereto.
8 (g)(h) Practicing with a revoked, suspended, inactive,
9 or delinquent license.
10 (h)(i) Violation of a lawful order of the board or
11 department previously entered in a disciplinary hearing or
12 failing to comply with a lawfully issued subpoena of the
13 department.
14 (i)(j) Violation of any provision of s. 484.012.
15 (j)(k) Conspiring with another licensee or with any
16 person to commit an act, or committing an act, which would
17 coerce, intimidate, or preclude another licensee from lawfully
18 advertising her or his services.
19 (k)(l) Willfully submitting to any third-party payor a
20 claim for services which were not provided to a patient.
21 (l)(m) Failing to keep written prescription files.
22 (m)(n) Willfully failing to report any person who the
23 licensee knows is in violation of this part or of rules of the
24 department or the board.
25 (n)(o) Exercising influence on a client in such a
26 manner as to exploit the client for financial gain of the
27 licensee or of a third party.
28 (o)(p) Gross or repeated malpractice.
29 (p)(q) Permitting any person not licensed as an
30 optician in this state to fit or dispense any lenses,
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1 spectacles, eyeglasses, or other optical devices which are
2 part of the practice of opticianry.
3 (q)(r) Being convicted or found guilty of, or entering
4 a plea of nolo contendere to, regardless of adjudication, in a
5 court of this state or other jurisdiction, a crime which
6 relates to the ability to practice opticianry or to the
7 practice of opticianry.
8 (r)(s) Having been disciplined by a regulatory agency
9 in another state for any offense that would constitute a
10 violation of Florida law or rules regulating opticianry.
11 (s)(t) Being unable to practice opticianry with
12 reasonable skill and safety by reason of illness or use of
13 drugs, narcotics, chemicals, or any other type of material or
14 as a result of any mental or physical condition. An optician
15 affected under this paragraph shall at reasonable intervals be
16 afforded an opportunity to demonstrate that she or he can
17 resume the competent practice of opticianry with reasonable
18 skill and safety to her or his customers.
19 (t) Violating any provision of this chapter or chapter
20 456, or any rules adopted pursuant thereto.
21 (2) The board may enter an order denying licensure or
22 imposing any of the penalties in s. 456.072(2) against any
23 applicant for licensure or licensee who is found guilty of
24 violating any provision of subsection (1) of this section or
25 who is found guilty of violating any provision of s.
26 456.072(1). When the board finds any person guilty of any of
27 the grounds set forth in subsection (1), it may enter an order
28 imposing one or more of the following penalties:
29 (a) Refusal to certify to the department an
30 application for licensure.
31 (b) Revocation or suspension of a license.
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1 (c) Imposition of an administrative fine not to exceed
2 $1,000 for each count or separate offense.
3 (d) Issuance of a reprimand.
4 (e) Placement of the optician on probation for a
5 period of time and subject to such conditions as the board may
6 specify, including requiring the optician to submit to
7 treatment or to work under the supervision of another
8 optician.
9 Section 157. Subsections (1) and (2) of section
10 484.056, Florida Statutes, are amended to read:
11 484.056 Disciplinary proceedings.--
12 (1) The following acts constitute relating to the
13 practice of dispensing hearing aids shall be grounds for
14 denial of a license or disciplinary action, as specified in s.
15 456.072(2) both disciplinary action against a hearing aid
16 specialist as set forth in this section and cease and desist
17 or other related action by the department as set forth in s.
18 456.065 against any person owning or operating a hearing aid
19 establishment who engages in, aids, or abets any such
20 violation:
21 (a) Violation of any provision of s. 456.072(1), s.
22 484.0512, or s. 484.053.
23 (b) Attempting to procure a license to dispense
24 hearing aids by bribery, by fraudulent misrepresentations, or
25 through an error of the department or the board.
26 (c) Having a license to dispense hearing aids revoked,
27 suspended, or otherwise acted against, including the denial of
28 licensure, by the licensing authority of another state,
29 territory, or country.
30 (d) Being convicted or found guilty of, or entering a
31 plea of nolo contendere to, regardless of adjudication, a
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1 crime in any jurisdiction which directly relates to the
2 practice of dispensing hearing aids or the ability to practice
3 dispensing hearing aids, including violations of any federal
4 laws or regulations regarding hearing aids.
5 (e) Making or filing a report or record which the
6 licensee knows to be false, intentionally or negligently
7 failing to file a report or record required by state or
8 federal law, willfully impeding or obstructing such filing, or
9 inducing another person to impede or obstruct such filing.
10 Such reports or records shall include only those reports or
11 records which are signed in one's capacity as a licensed
12 hearing aid specialist.
13 (f) Advertising goods or services in a manner which is
14 fraudulent, false, deceptive, or misleading in form or
15 content.
16 (g) Proof that the licensee is guilty of fraud or
17 deceit or of negligence, incompetency, or misconduct in the
18 practice of dispensing hearing aids.
19 (h) Violation or repeated violation of this part or of
20 chapter 456, or any rules promulgated pursuant thereto.
21 (h)(i) Violation of a lawful order of the board or
22 department previously entered in a disciplinary hearing or
23 failure to comply with a lawfully issued subpoena of the board
24 or department.
25 (i)(j) Practicing with a revoked, suspended, inactive,
26 or delinquent license.
27 (j)(k) Using, or causing or promoting the use of, any
28 advertising matter, promotional literature, testimonial,
29 guarantee, warranty, label, brand, insignia, or other
30 representation, however disseminated or published, which is
31 misleading, deceiving, or untruthful.
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1 (k)(l) Showing or demonstrating, or, in the event of
2 sale, delivery of, a product unusable or impractical for the
3 purpose represented or implied by such action.
4 (l)(m) Misrepresentation of professional services
5 available in the fitting, sale, adjustment, service, or repair
6 of a hearing aid, or use of the terms "doctor," "clinic,"
7 "clinical," "medical audiologist," "clinical audiologist,"
8 "research audiologist," or "audiologic" or any other term or
9 title which might connote the availability of professional
10 services when such use is not accurate.
11 (m)(n) Representation, advertisement, or implication
12 that a hearing aid or its repair is guaranteed without
13 providing full disclosure of the identity of the guarantor;
14 the nature, extent, and duration of the guarantee; and the
15 existence of conditions or limitations imposed upon the
16 guarantee.
17 (n)(o) Representing, directly or by implication, that
18 a hearing aid utilizing bone conduction has certain specified
19 features, such as the absence of anything in the ear or
20 leading to the ear, or the like, without disclosing clearly
21 and conspicuously that the instrument operates on the bone
22 conduction principle and that in many cases of hearing loss
23 this type of instrument may not be suitable.
24 (o)(p) Making any predictions or prognostications as
25 to the future course of a hearing impairment, either in
26 general terms or with reference to an individual person.
27 (p)(q) Stating or implying that the use of any hearing
28 aid will improve or preserve hearing or prevent or retard the
29 progression of a hearing impairment or that it will have any
30 similar or opposite effect.
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1 (q)(r) Making any statement regarding the cure of the
2 cause of a hearing impairment by the use of a hearing aid.
3 (r)(s) Representing or implying that a hearing aid is
4 or will be "custom-made," "made to order," or
5 "prescription-made" or in any other sense specially fabricated
6 for an individual person when such is not the case.
7 (s)(t) Canvassing from house to house or by telephone
8 either in person or by an agent for the purpose of selling a
9 hearing aid, except that contacting persons who have evidenced
10 an interest in hearing aids, or have been referred as in need
11 of hearing aids, shall not be considered canvassing.
12 (t)(u) Failure to submit to the board on an annual
13 basis, or such other basis as may be provided by rule,
14 certification of testing and calibration of audiometric
15 testing equipment on the form approved by the board.
16 (u)(v) Failing to provide all information as described
17 in s. 484.051(1).
18 (v)(w) Exercising influence on a client in such a
19 manner as to exploit the client for financial gain of the
20 licensee or of a third party.
21 (w) Violating any provision of this chapter or chapter
22 456, or any rules adopted pursuant thereto.
23 (2)(a) The board may enter an order denying licensure
24 or imposing any of the penalties in s. 456.072(2) against any
25 applicant for licensure or licensee who is found guilty of
26 violating any provision of subsection (1) of this section or
27 who is found guilty of violating any provision of s.
28 456.072(1). Except as provided in paragraph (b), when the
29 board finds any hearing aid specialist to be guilty of any of
30 the grounds set forth in subsection (1), it may enter an order
31 imposing one or more of the following penalties:
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1 1. Denial of an application for licensure.
2 2. Revocation or suspension of a license.
3 3. Imposition of an administrative fine not to exceed
4 $1,000 for each count or separate offense.
5 4. Issuance of a reprimand.
6 5. Placing the hearing aid specialist on probation for
7 a period of time and subject to such conditions as the board
8 may specify, including requiring the hearing aid specialist to
9 attend continuing education courses or to work under the
10 supervision of another hearing aid specialist.
11 6. Restricting the authorized scope of practice.
12 (b) The board shall revoke the license of any hearing
13 aid specialist found guilty of canvassing as described in this
14 section.
15 Section 158. Subsections (1) and (2) of section
16 486.125, Florida Statutes, are amended to read:
17 486.125 Refusal, revocation, or suspension of license;
18 administrative fines and other disciplinary measures.--
19 (1) The following acts shall constitute grounds for
20 denial of a license or disciplinary action, as specified in s.
21 456.072(2) which the disciplinary actions specified in
22 subsection (2) may be taken:
23 (a) Being unable to practice physical therapy with
24 reasonable skill and safety to patients by reason of illness
25 or use of alcohol, drugs, narcotics, chemicals, or any other
26 type of material or as a result of any mental or physical
27 condition.
28 1. In enforcing this paragraph, upon a finding of the
29 secretary or the secretary's designee that probable cause
30 exists to believe that the licensee is unable to practice
31 physical therapy due to the reasons stated in this paragraph,
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1 the department shall have the authority to compel a physical
2 therapist or physical therapist assistant to submit to a
3 mental or physical examination by a physician designated by
4 the department. If the licensee refuses to comply with such
5 order, the department's order directing such examination may
6 be enforced by filing a petition for enforcement in the
7 circuit court where the licensee resides or serves as a
8 physical therapy practitioner. The licensee against whom the
9 petition is filed shall not be named or identified by initials
10 in any public court records or documents, and the proceedings
11 shall be closed to the public. The department shall be
12 entitled to the summary procedure provided in s. 51.011.
13 2. A physical therapist or physical therapist
14 assistant whose license is suspended or revoked pursuant to
15 this subsection shall, at reasonable intervals, be given an
16 opportunity to demonstrate that she or he can resume the
17 competent practice of physical therapy with reasonable skill
18 and safety to patients.
19 3. Neither the record of proceeding nor the orders
20 entered by the board in any proceeding under this subsection
21 may be used against a physical therapist or physical therapist
22 assistant in any other proceeding.
23 (b) Having committed fraud in the practice of physical
24 therapy or deceit in obtaining a license as a physical
25 therapist or as a physical therapist assistant.
26 (c) Being convicted or found guilty regardless of
27 adjudication, of a crime in any jurisdiction which directly
28 relates to the practice of physical therapy or to the ability
29 to practice physical therapy. The entry of any plea of nolo
30 contendere shall be considered a conviction for purpose of
31 this chapter.
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1 (d) Having treated or undertaken to treat human
2 ailments by means other than by physical therapy, as defined
3 in this chapter.
4 (e) Failing to maintain acceptable standards of
5 physical therapy practice as set forth by the board in rules
6 adopted pursuant to this chapter.
7 (f) Engaging directly or indirectly in the dividing,
8 transferring, assigning, rebating, or refunding of fees
9 received for professional services, or having been found to
10 profit by means of a credit or other valuable consideration,
11 such as an unearned commission, discount, or gratuity, with
12 any person referring a patient or with any relative or
13 business associate of the referring person. Nothing in this
14 chapter shall be construed to prohibit the members of any
15 regularly and properly organized business entity which is
16 comprised of physical therapists and which is recognized under
17 the laws of this state from making any division of their total
18 fees among themselves as they determine necessary.
19 (g) Having a license revoked or suspended; having had
20 other disciplinary action taken against her or him; or having
21 had her or his application for a license refused, revoked, or
22 suspended by the licensing authority of another state,
23 territory, or country.
24 (h) Violating any provision of this chapter, a rule of
25 the board or department, or a lawful order of the board or
26 department previously entered in a disciplinary hearing.
27 (i) Making or filing a report or record which the
28 licensee knows to be false. Such reports or records shall
29 include only those which are signed in the capacity of a
30 physical therapist.
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1 (j) Practicing or offering to practice beyond the
2 scope permitted by law or accepting and performing
3 professional responsibilities which the licensee knows or has
4 reason to know that she or he is not competent to perform,
5 including, but not limited to, specific spinal manipulation.
6 (k) Violating any provision of this chapter or chapter
7 456, or any rules adopted pursuant thereto.
8 (2) The board may enter an order denying licensure or
9 imposing any of the penalties in s. 456.072(2) against any
10 applicant for licensure or licensee who is found guilty of
11 violating any provision of subsection (1) of this section or
12 who is found guilty of violating any provision of s.
13 456.072(1). When the board finds any person guilty of any of
14 the grounds set forth in subsection (1), it may enter an order
15 imposing one or more of the following penalties:
16 (a) Refusal to certify to the department an
17 application for licensure.
18 (b) Revocation or suspension of a license.
19 (c) Restriction of practice.
20 (d) Imposition of an administrative fine not to exceed
21 $1,000 for each count or separate offense.
22 (e) Issuance of a reprimand.
23 (f) Placement of the physical therapist or physical
24 therapist assistant on probation for a period of time and
25 subject to such conditions as the board may specify,
26 including, but not limited to, requiring the physical
27 therapist or physical therapist assistant to submit to
28 treatment, to attend continuing education courses, to submit
29 to reexamination, or to work under the supervision of another
30 physical therapist.
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1 (g) Recovery of actual costs of investigation and
2 prosecution.
3 Section 159. Section 490.009, Florida Statutes, is
4 amended to read:
5 490.009 Discipline.--
6 (1) When the department or, in the case of
7 psychologists, the board finds that an applicant, provisional
8 licensee, or licensee whom it regulates under this chapter has
9 committed any of the acts set forth in subsection (2), it may
10 issue an order imposing one or more of the following
11 penalties:
12 (a) Denial of an application for licensure, either
13 temporarily or permanently.
14 (b) Revocation of an application for licensure, either
15 temporarily or permanently.
16 (c) Suspension for a period of up to 5 years or
17 revocation of a license, after hearing.
18 (d) Immediate suspension of a license pursuant to s.
19 120.60(6).
20 (e) Imposition of an administrative fine not to exceed
21 $5,000 for each count or separate offense.
22 (f) Issuance of a public reprimand.
23 (g) Placement of an applicant or licensee on probation
24 for a period of time and subject to conditions specified by
25 the department or, in the case of psychologists, by the board,
26 including, but not limited to, requiring the applicant or
27 licensee to submit to treatment, to attend continuing
28 education courses, to submit to reexamination, or to work
29 under the supervision of a designated licensee.
30 (h) Restriction of practice.
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1 (1)(2) The following acts constitute of a licensee,
2 provisional licensee, or applicant are grounds for denial of a
3 license or disciplinary action, as specified in s. 456.072(2)
4 which the disciplinary actions listed in subsection (1) may be
5 taken:
6 (a) Attempting to obtain, obtaining, or renewing a
7 license under this chapter by bribery or fraudulent
8 misrepresentation or through an error of the board or
9 department.
10 (b) Having a license to practice a comparable
11 profession revoked, suspended, or otherwise acted against,
12 including the denial of certification or licensure by another
13 state, territory, or country.
14 (c) Being convicted or found guilty, regardless of
15 adjudication, of a crime in any jurisdiction which directly
16 relates to the practice of his or her profession or the
17 ability to practice his or her profession. A plea of nolo
18 contendere creates a rebuttable presumption of guilt of the
19 underlying criminal charges. However, the board shall allow
20 the person who is the subject of the disciplinary proceeding
21 to present any evidence relevant to the underlying charges and
22 circumstances surrounding the plea.
23 (d) False, deceptive, or misleading advertising or
24 obtaining a fee or other thing of value on the representation
25 that beneficial results from any treatment will be guaranteed.
26 (e) Advertising, practicing, or attempting to practice
27 under a name other than one's own.
28 (f) Maintaining a professional association with any
29 person who the applicant or licensee knows, or has reason to
30 believe, is in violation of this chapter or of a rule of the
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1 department or, in the case of psychologists, of the department
2 or the board.
3 (g) Knowingly aiding, assisting, procuring, or
4 advising any nonlicensed person to hold himself or herself out
5 as licensed under this chapter.
6 (h) Failing to perform any statutory or legal
7 obligation placed upon a person licensed under this chapter.
8 (i) Willfully making or filing a false report or
9 record; failing to file a report or record required by state
10 or federal law; willfully impeding or obstructing the filing
11 of a report or record; or inducing another person to make or
12 file a false report or record or to impede or obstruct the
13 filing of a report or record. Such report or record includes
14 only a report or record which requires the signature of a
15 person licensed under this chapter.
16 (j) Paying a kickback, rebate, bonus, or other
17 remuneration for receiving a patient or client, or receiving a
18 kickback, rebate, bonus, or other remuneration for referring a
19 patient or client to another provider of mental health care
20 services or to a provider of health care services or goods;
21 referring a patient or client to oneself for services on a
22 fee-paid basis when those services are already being paid for
23 by some other public or private entity; or entering into a
24 reciprocal referral agreement.
25 (k) Committing any act upon a patient or client which
26 would constitute sexual battery or which would constitute
27 sexual misconduct as defined in s. 490.0111.
28 (l) Making misleading, deceptive, untrue, or
29 fraudulent representations in the practice of any profession
30 licensed under this chapter.
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1 (m) Soliciting patients or clients personally, or
2 through an agent, through the use of fraud, intimidation,
3 undue influence, or a form of overreaching or vexatious
4 conduct.
5 (n) Failing to make available to a patient or client,
6 upon written request, copies of test results, reports, or
7 documents in the possession or under the control of the
8 licensee which have been prepared for and paid for by the
9 patient or client.
10 (o) Failing to respond within 30 days to a written
11 communication from the department concerning any investigation
12 by the department or to make available any relevant records
13 with respect to any investigation about the licensee's conduct
14 or background.
15 (p) Being unable to practice the profession for which
16 he or she is licensed under this chapter with reasonable skill
17 or competence as a result of any mental or physical condition
18 or by reason of illness; drunkenness; or excessive use of
19 drugs, narcotics, chemicals, or any other substance. In
20 enforcing this paragraph, upon a finding by the secretary, the
21 secretary's designee, or the board that probable cause exists
22 to believe that the licensee is unable to practice the
23 profession because of the reasons stated in this paragraph,
24 the department shall have the authority to compel a licensee
25 to submit to a mental or physical examination by psychologists
26 or physicians designated by the department or board. If the
27 licensee refuses to comply with the department's order, the
28 department may file a petition for enforcement in the circuit
29 court of the circuit in which the licensee resides or does
30 business. The licensee shall not be named or identified by
31 initials in the petition or in any other public court records
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