HB 1925 2003
1	A bill to be entitled
2	An act relating to health; amending s. 17.41, F.S.;
3	providing for funds from the tobacco settlement to be
4	transferred to the Biomedical Research Trust Fund within
5	the Department of Health; amending s. 20.43, F.S.;
6	renaming certain divisions within the Department of
7	Health; establishing the Division of Disability
8	Determinations within the department; amending s. 154.01,
9	F.S.; providing for environmental health services to
10	include investigations of elevated blood lead levels;
11	authorizing the expenditure of funds for such
12	investigations; creating s. 216.342, F.S.; authorizing the
13	expenditure of funds of the United States Trust Fund for
14	the operation of the Division of Disability
15	Determinations; amending s. 381.0011, F.S.; revising
16	duties of the Department of Health with respect to injury
17	prevention and control; amending s. 381.004, F.S.;
18	revising requirements for the release of HIV test results;
19	amending s. 381.0065, F.S., relating to onsite sewage
20	treatment and disposal systems; clarifying a definition;
21	deleting obsolete provisions; amending s. 381.0072, F.S.;
22	clarifying provisions governing the authority of the
23	Department of Health to adopt and enforce sanitation
24	rules; revising exemptions; creating s. 381.104, F.S.;
25	authorizing state agencies to establish employee health
26	and wellness programs; providing requirements for the
27	programs; requiring the use of an employee health and
28	wellness activity agreement form; requiring an evaluation
29	and improvement process for the program; requiring the
30	Department of Health to provide model program guidelines;
31	creating s. 381.86, F.S.; creating the Review Council for
32	Human Subjects within the Department of Health; providing
33	duties and membership; providing for reimbursement for per
34	diem and travel expenses; requiring the department to
35	charge for costs incurred by the council for research
36	oversight; providing an exception; amending s. 381.89,
37	F.S.; revising the fees imposed for the licensure of
38	tanning facilities; amending s. 381.90, F.S.; revising the
39	membership of the Health Information Systems Council;
40	revising the date for submitting an annual plan; amending
41	s. 383.14, F.S.; clarifying provisions with respect to the
42	screening of newborns; amending s. 384.25, F.S.; revising
43	requirements for the reporting of sexually transmissible
44	diseases; requiring the Department of Health to adopt
45	rules relating to newborns or infants exposed to HIV;
46	amending s. 385.204, F.S.; revising requirements for the
47	purchase and distribution of insulin by the Department of
48	Health; amending s. 391.021, F.S.; redefining the term
49	"children with special health care needs" for purposes of
50	the Children's Medical Services Act; amending s. 391.025,
51	F.S.; revising applicability and scope of the act;
52	amending s. 391.029, F.S.; revising requirements for
53	program eligibility; amending s. 391.055, F.S.; requiring
54	the referral to the Children's Medical Services network of
55	a newborn having a certain abnormal screening result;
56	creating s. 391.309, F.S.; establishing the Florida
57	Infants and Toddlers Early Intervention Program; providing
58	requirements for the Department of Health under the
59	program; requiring certain federal waivers; amending s.
60	393.064, F.S.; transferring to the Department of Health
61	authority for the supervision and management of the
62	Raymond C. Philips Research and Education Unit; amending
63	s. 394.4615, F.S.; limiting a patient's access to his or
64	her records where the patient's life or safety is
65	endangered; amending s. 394.9151, F.S.; authorizing the
66	Department of Children and Family Services to contract
67	with the Correctional Medical Authority to conduct surveys
68	of medical services and to provide medical quality
69	assurance and improvement assistance at secure confinement
70	and treatment facilities for certain persons; amending s.
71	395.3025, F.S.; clarifying access to patient records for
72	professional disciplinary purposes and for research
73	purposes; amending s. 395.404, F.S.; revising requirements
74	for reports to the Department of Health concerning certain
75	brain or spinal cord injuries; amending s. 395.7015, F.S.;
76	conforming cross references; amending s. 400.141, F.S.;
77	requiring copies of records to be provided to the
78	Department of Health upon subpoena; amending s. 400.145,
79	F.S.; requiring certification of copies of records
80	requested pursuant to subpoena or patient release;
81	amending s. 400.211, F.S.; reducing inservice training
82	hours for nursing assistants; creating s. 400.455, F.S.;
83	requiring a certified copy of subpoenaed records under
84	certain circumstances; amending s. 401.113, F.S.;
85	providing for the use of funds generated from interest on
86	certain grant moneys dispensed from the Emergency Medical
87	Services Trust Fund; amending s. 401.211, F.S.; providing
88	legislative intent with respect to a comprehensive
89	statewide injury prevention and control program; creating
90	s. 401.243, F.S.; providing duties of the Department of
91	Health in operating the program; amending s. 401.27, F.S.;
92	authorizing electronically submitted applications for
93	certification or recertification as an emergency medical
94	technician or a paramedic; removing a provision
95	authorizing a temporary certificate; revising requirements
96	for an insignia identifying such person; requiring
97	submission of information and fingerprints for a criminal
98	history check; requiring fees; providing additional
99	grounds for denial of certification or recertification;
100	providing for certain exemptions; amending s. 401.2701,
101	F.S.; requiring emergency medical services training
102	programs to advise students of certification and
103	regulatory requirements; amending s. 401.2715, F.S.;
104	requiring recognition, upon application, of entities
105	approved by the Continuing Education Coordinating Board
106	for Emergency Medical Services for recertification
107	training; amending s. 401.272, F.S.; providing that
108	paramedics may provide life support services in hospital
109	emergency departments under certain circumstances;
110	amending s. 404.056, F.S.; revising requirements for
111	mandatory testing of certain buildings and facilities for
112	radon; amending s. 409.814, F.S.; authorizing certain
113	children to participate in the Florida Healthy Kids
114	program or the Medikids program; amending s. 455.227,
115	F.S.; conforming a cross reference; amending s. 456.017,
116	F.S.; providing for electronic posting of examination
117	scores; amending s. 456.025, F.S.; deleting the
118	requirement for the Department of Health to develop and
119	maintain a continuing education tracking system; amending
120	s. 456.0375, F.S.; providing exemption from registration
121	for community college and university clinics; providing
122	distinction between supervision of administrative services
123	and supervision of health care delivery services;
124	providing exemption from registration for clinical
125	facilities where training is provided by certain medical
126	schools; amending s. 456.039, F.S.; deleting a cross
127	reference; amending s. 456.049, F.S.; specifying amount of
128	final professional liability claims to be reported for
129	physicians and dentists; amending s. 456.063, F.S.;
130	providing professional regulatory boards, or the
131	Department of Health if there is no board, rulemaking
132	authority for reporting allegations of sexual misconduct;
133	amending s. 456.072, F.S.; clarifying grounds for
134	discipline for performing or attempting to perform health
135	care services on the wrong patient or that are otherwise
136	wrong or unnecessary or leaving a foreign body in the
137	patient; providing for discipline for prescribing,
138	administering, dispensing, or distributing certain
139	medications without a valid professional relationship;
140	providing for additional costs to be assessed as part of
141	any penalty or other form of discipline; requiring clear
142	and convincing evidence to revoke or suspend a license and
143	the greater weight of the evidence for other forms of
144	discipline; conforming a cross reference; amending s.
145	456.073, F.S.; extending the time within which the subject
146	of an investigation may submit a written response to the
147	information in the complaint or other documentation;
148	requiring the Department of Health to give 45 days' notice
149	to the Division of Administrative Hearings when a hearing
150	is needed; requiring the division to charge its expenses
151	to the Medical Quality Assurance Trust Fund; providing for
152	certain fees and charges; amending s. 456.077, F.S.;
153	providing that citations for first offenses do not
154	constitute discipline; deleting the required period for
155	issuing a citation; amending s. 456.078, F.S.; requiring
156	designation of certain violations as appropriate for
157	mediation; excluding certain violations from mediation;
158	requiring successful mediation to include a statement of
159	whether of not the resolution constitutes discipline;
160	requiring payment for the administrative costs of
161	mediation; prohibiting mediation more than once involving
162	a breach of the standard of care for health care
163	professionals; providing rulemaking authority; amending s.
164	458.303, F.S.; conforming cross references; amending s.
165	458.311, F.S.; consolidating and revising provisions
166	relating to requirements for licensure of physicians;
167	amending s. 458.3124, F.S.; conforming a cross reference;
168	amending s. 458.315, F.S.; consolidating and revising
169	provisions relating to requirements for limited licensure
170	of physicians; amending s. 458.319, F.S.; deleting a cross
171	reference; amending s. 458.320, F.S.; conforming a cross
172	reference; creating s. 458.3215, F.S.; providing for
173	reactivation of a physician's license for clinical
174	research purposes; providing for fees and continuing
175	education; amending s. 458.331, F.S.; increasing the
176	threshold amount of claims against a physician that
177	represent repeated malpractice; revising a reporting
178	requirement to conform; reducing the time period for a
179	physician to respond to information contained in a
180	complaint or other documentation; amending ss. 458.345 and
181	458.347, F.S.; conforming cross references; amending s.
182	459.008, F.S.; deleting a cross reference; creating s.
183	459.0091, F.S.; providing for reactivation of an
184	osteopathic physician's license for clinical research
185	purposes; providing for fees and continuing education;
186	amending s. 459.015, F.S.; increasing the threshold amount
187	of claims against an osteopathic physician that represent
188	repeated malpractice; revising a reporting requirement to
189	conform; reducing the time period for an osteopathic
190	physician to respond to information contained in a
191	complaint or other documentation; amending s. 460.406,
192	F.S.; revising an accrediting agency for chiropractic
193	education; amending s. 460.413, F.S.; reducing the time
194	period for a chiropractic physician to respond to
195	information contained in a complaint or other
196	documentation; amending s. 461.013, F.S.; increasing the
197	threshold amount of claims against a podiatric physician
198	that represent repeated malpractice; revising a reporting
199	requirement to conform; reducing the time period for a
200	podiatric physician to respond to information contained in
201	a complaint or other documentation; amending s. 463.006,
202	F.S.; revising an accrediting agency for optometry
203	education; amending s. 464.0205, F.S.; conforming a cross
204	reference; amending s. 464.203, F.S.; clarifying
205	requirements for criminal history checks of certified
206	nursing assistants; reducing the hours of inservice
207	training required each year; providing for biennial
208	renewal of certification, including fees; amending s.
209	464.204, F.S.; revising a ground for disciplinary action
210	for specificity and removal of the requirement of
211	intentionality; amending s. 465.016, F.S.; providing for
212	disciplinary action against a pharmacist for compounding,
213	dispensing, or distributing legend drugs not prescribed in
214	the course of a valid professional relationship; amending
215	s. 467.009, F.S.; revising an accrediting agency for
216	midwifery education and the licensing agency for midwives;
217	amending s. 467.013, F.S.; providing for inactive
218	licensure status for midwives pursuant to rule of the
219	Department of Health and deleting statutory provisions to
220	conform; amending s. 467.0135, F.S.; clarifying language
221	for licensure status and fees for midwives; amending s.
222	467.017, F.S.; requiring a midwife's emergency care plan
223	to be available upon request of the Department of Health;
224	amending s. 468.302, F.S.; authorizing a nuclear medicine
225	technologist to administer certain X radiation; excluding
226	such technologist from creating or modifying certain
227	tomography protocols and operating certain tomography
228	devices; amending s. 468.352, F.S.; revising definitions
229	applicable to regulation of respiratory therapy; amending
230	s. 468.355, F.S.; revising licensure requirements to
231	practice respiratory therapy; amending s. 468.368, F.S.;
232	revising requirements for exemptions from respiratory care
233	regulation; amending s. 468.509, F.S.; revising an
234	accrediting agency for education of dietitians and
235	nutritionists; amending s. 468.707, F.S.; revising an
236	accrediting agency for education of athletic trainers;
237	deleting a provision relating to a continuing education
238	course on HIV/AIDS for initial licensure as an athletic
239	trainer; amending ss. 486.031 and 486.102, F.S.; revising
240	an accrediting agency for education of physical therapists
241	and physical therapist assistants; amending s. 489.553,
242	F.S.; revising registration requirements for master septic
243	tank contractors; amending s. 489.554, F.S.; revising
244	registration renewal requirements for such contractors;
245	providing for inactive status and reactivation of
246	registration; amending ss. 490.005 and 491.005, F.S.;
247	revising an accrediting agency for education of
248	psychologists and psychotherapists; revising requirements
249	for licensure as a clinical social worker; amending s.
250	491.0145, F.S.; prohibiting the licensure of a certified
251	master social worker if not licensed before a certain
252	date; creating s. 491.0146, F.S.; providing a saving
253	clause for a certified master social worker licensed from
254	a certain date; amending s. 491.0147, F.S.; providing
255	exemption from liability for disclosure of confidential
256	information under certain circumstances; amending s.
257	499.003, F.S.; redefining the term "compressed medical
258	gas" for purposes of the Florida Drug and Cosmetic Act;
259	amending s. 499.007, F.S.; revising requirements for
260	labeling medicinal drugs; amending s. 499.01, F.S.;
261	authorizing the department to issue a prescription drug
262	manufacturer permit to a nuclear pharmacy that is a health
263	care entity; amending s. 499.0121, F.S.; providing
264	requirements for retaining inventories and records;
265	transferring and renumbering s. 501.122, F.S., relating to
266	the control of nonionizing radiations; amending s.
267	627.912, F.S.; requiring insurers to report to the
268	Department of Health final claims in certain amounts for
269	physicians, osteopathic physicians, podiatric physicians,
270	and dentists; amending s. 766.101, F.S.; including certain
271	university committees as medical review committees;
272	amending s. 766.314, F.S.; exempting children born in
273	certain family practice teaching hospitals from fee
274	assessments used to finance the Florida Birth-Related
275	Neurological Injury Compensation Plan; conforming a cross
276	reference; amending s. 784.081, F.S.; providing for the
277	reclassification of the offense of assault or battery if
278	committed on an employee of the Department of Health or
279	upon a direct service contract provider of the department;
280	amending s. 817.567, F.S.; revising an accrediting agency
281	for institutions awarding academic degrees and titles;
282	creating s. 945.6038, F.S.; authorizing the Correctional
283	Medical Authority to contract with other agencies to
284	provide medical quality improvement services; amending s.
285	1009.992, F.S.; revising the definition of the term
286	"institution" to update a reference to an accrediting
287	agency; amending s. 1012.46, F.S.; revising provisions
288	relating to athletic trainers in school districts;
289	removing a legislative goal; clarifying a cross reference;
290	providing for payments by the Department of Health and the
291	Division of Administrative Hearings with respect to
292	billings for hearings; requiring a joint audit of hearings
293	and billings of the Division of Administrative Hearings;
294	requiring a report to the Legislature on billing practices
295	of the Division of Administrative Hearings; repealing s.
296	381.0098(9), F.S., relating to obsolete transition
297	provisions concerning biomedical waste; repealing s.
298	381.85, F.S., relating to biomedical and social research;
299	repealing s. 385.103(2)(f), F.S., relating to rulemaking
300	authority of the department with respect to the operation
301	of community intervention programs; repealing s. 385.205,
302	F.S., relating to programs in kidney disease control;
303	repealing s. 385.209, F.S., relating to dissemination of
304	information on cholesterol health risks; repealing s.
305	445.033(7), F.S., relating to an exemption from biomedical
306	and social research requirements for evaluations of TANF-
307	funded programs conducted by Workforce Florida, Inc.;
308	repealing s. 456.031, F.S., relating to a requirement for
309	instruction on domestic violence; repealing s. 456.033,
310	F.S., relating to requirement for instruction on HIV and
311	AIDS for certain licensees; repealing s. 456.034, F.S.,
312	relating to requirement for instruction on HIV and AIDS
313	for athletic trainers and massage therapists; repealing s.
314	458.313, F.S., relating to physician licensure by
315	endorsement; repealing s. 458.316, F.S., relating to
316	public health certificates; repealing s. 458.3165, F.S.,
317	relating to public psychiatry certificates; repealing s.
318	458.317, F.S., relating to limited licenses for
319	physicians; repealing s. 468.356, F.S., relating to
320	approval of educational programs for respiratory therapy
321	licensure; repealing s. 468.357, F.S., relating to
322	respiratory therapy licensure by examination; repealing s.
323	468.711(3), F.S., relating to a continuing education
324	course on HIV/AIDS for athletic trainers seeking
325	relicensure; providing an effective date.
326
327	Be It Enacted by the Legislature of the State of Florida:
328
329	Section 1. Subsection (5) of section 17.41, Florida
330	Statutes, is amended to read:
331	17.41 Department of Banking and Finance Tobacco Settlement
332	Clearing Trust Fund.--
333	(5) The department shall disburse funds, by nonoperating
334	transfer, from the Tobacco Settlement Clearing Trust Fund to the
335	tobacco settlement trust funds of the various agencies or the
336	Biomedical Research Trust Fund within the Department of Health,
337	as appropriate,in amounts equal to the annual appropriations
338	made from those agencies' trust funds in the General
339	Appropriations Act.
340	Section 2. Paragraphs (f) and (j) of subsection (3) of
341	section 20.43, Florida Statutes, are amended, and paragraph (k)
342	is added to said subsection, to read:
343	20.43 Department of Health.--There is created a Department
344	of Health.
345	(3) The following divisions of the Department of Health
346	are established:
347	(f) Division of Emergency Medical OperationsServices and
348	Community Health Resources.
349	(j) Division of Health AccessAwarenessand Tobacco.
350	(k) Division of Disability Determinations.
351	Section 3. Paragraph (a) of subsection (2) and subsection
352	(3) of section 154.01, Florida Statutes, are amended to read:
353	154.01 County health department delivery system.--
354	(2) A functional system of county health department
355	services shall be established which shall include the following
356	three levels of service and be funded as follows:
357	(a) "Environmental health services" are those services
358	which are organized and operated to protect the health of the
359	general public by monitoring and regulating activities in the
360	environment which may contribute to the occurrence or
361	transmission of disease. Environmental health services shall be
362	supported by available federal, state, and local funds and shall
363	include those services mandated on a state or federal level.
364	Examples of environmental health services include, but are not
365	limited to, food hygiene, investigations of elevated blood lead
366	levels,safe drinking water supply, sewage and solid waste
367	disposal, swimming pools, group care facilities, migrant labor
368	camps, toxic material control, radiological health, occupational
369	health, and entomology.
370	(3) The Department of Health shall enter into contracts
371	with the several counties for the purposes of this part. All
372	contracts shall be negotiated and approved by the appropriate
373	local governing bodies and the appropriate district
374	administrators on behalf of the department. In accordance with
375	federal guidelines, the state may utilize federal funds for
376	county health department services. A standard contract format
377	shall be developed and used by the department in contract
378	negotiations. The contract shall include the three levels of
379	county health department services outlined in subsection (2)
380	above and shall contain a section which stipulates, for the
381	contract year:
382	(a) All revenue sources, including federal, state, and
383	local general revenue, fees, and other cash contributions, which
384	shall be used by the county health department for county health
385	department services.;
386	(b) The types of services to be provided in each level of
387	service. Each participating county may expend funds for
388	federally mandated certification or recertification fees related
389	to investigations of elevated blood lead levels as provided
390	under paragraph (2)(a).;
391	(c) The estimated number of clients, where applicable, who
392	will be served, by type of service.;
393	(d) The estimated number of services, where applicable,
394	that will be provided, by type of service.;
395	(e) The estimated number of staff positions (full-time
396	equivalent positions) who will work in each type of service
397	area.; and
398	(f) The estimated expenditures for each type of service
399	and for each level of service.
400
401	The contract shall also provide for financial and service
402	reporting for each type of service according to standard service
403	and reporting procedures established by the department.
404	Section 4. Section 216.342, Florida Statutes, is created
405	to read:
406	216.342 Disbursement of funds of the United States Trust
407	Fund.--Funds of the United States Trust Fund may be expended by
408	the Department of Health in accordance with the budget and plans
409	agreed upon by the Social Security Administration and the
410	Department of Health for the operation of the Division of
411	Disability Determinations. The limitations on appropriations
412	provided in s. 216.262(1) do not apply to the United States
413	Trust Fund.
414	Section 5. Subsection (12) of section 381.0011, Florida
415	Statutes, is amended to read:
416	381.0011 Duties and powers of the Department of
417	Health.--It is the duty of the Department of Health to:
418	(12) MaintainCooperate with other departments, local
419	officials, and private organizations in developing and
420	implementing a statewide injury prevention andcontrol program.
421	Section 6. Paragraph (d) of subsection (3) of section
422	381.004, Florida Statutes, is amended to read:
423	381.004 HIV testing.--
424	(3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
425	CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
426	(d) No test result shall be determined as positive, and no
427	positive test result shall be revealed to any person, without
428	corroborating or confirmatory tests being conducted except in
429	the following situations:
430	1. Preliminary test results may be released to licensed
431	physicians or the medical or nonmedical personnel subject to the
432	significant exposure for purposes of subparagraphs (h)10., 11.,
433	and 12.
434	2. Preliminary test results may be released to health care
435	providers and to the person tested when decisions about medical
436	care or treatment of, or recommendation to, the person tested
437	and, in the case of an intrapartum or postpartum woman, when
438	care, treatment, or recommendations regarding her newborn,
439	cannot await the results of confirmatory testing. Positive
440	preliminary HIV test results shall not be characterized to the
441	patient as a diagnosis of HIV infection. Justification for the
442	use of preliminary test results must be documented in the
443	medical record by the health care provider who ordered the test.
444	This subparagraph does not authorize the release of preliminary
445	test results for the purpose of routine identification of HIV-
446	infected individuals or when HIV testing is incidental to the
447	preliminary diagnosis or care of a patient. Corroborating or
448	confirmatory testing must be conducted as followup to a positive
449	preliminary test.
450	3. Positive rapid test results are considered preliminary
451	and may be released in accordance with the manufacturer's
452	instructions as approved by the United States Food and Drug
453	Administration. Positive rapid test results require confirmatory
454	testing for diagnosis and reporting of HIV infection.
455
456	Results shall be communicated to the patient according to
457	statute regardless of the outcome. Except as provided in this
458	section, test results are confidential and exempt from the
459	provisions of s. 119.07(1).
460	Section 7. Paragraph (k) of subsection (2) and paragraph
461	(j) of subsection (4) of section 381.0065, Florida Statutes, are
462	amended to read:
463	381.0065 Onsite sewage treatment and disposal systems;
464	regulation.--
465	(2) DEFINITIONS.--As used in ss. 381.0065-381.0067, the
466	term:
467	(k) "Permanent nontidal surface water body" means a
468	perennial stream, a perennial river, an intermittent stream, a
469	perennial lake, a submerged marsh or swamp, a submerged wooded
470	marsh or swamp, a spring, or a seep, as identified on the most
471	recent quadrangle map, 7.5 minute series (topographic), produced
472	by the United States Geological Survey, or products derived from
473	that series. "Permanent nontidal surface water body" shall also
474	mean an artificial surface water body that does not have an
475	impermeable bottom and side and that is designed to hold, or
476	does hold, visible standing water for at least 180 days of the
477	year. However, a nontidal surface water body that is drained,
478	either naturally or artificially, where the intent or the result
479	is that such drainage be temporary, shall be considered a
480	permanent nontidal surface water body. A nontidal surface water
481	body that is drained of all visible surface water, where the
482	lawful intent or the result of such drainage is that such
483	drainage will be permanent, shall not be considered a permanent
484	nontidal surface water body. The boundary of a permanent
485	nontidal surface water body shall be the mean annual flood line.
486	(4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may
487	not construct, repair, modify, abandon, or operate an onsite
488	sewage treatment and disposal system without first obtaining a
489	permit approved by the department. The department may issue
490	permits to carry out this section, but shall not make the
491	issuance of such permits contingent upon prior approval by the
492	Department of Environmental Protection. A construction permit is
493	valid for 18 months from the issuance date and may be extended
494	by the department for one 90-day period under rules adopted by
495	the department. A repair permit is valid for 90 days from the
496	date of issuance. An operating permit must be obtained prior to
497	the use of any aerobic treatment unit or if the establishment
498	generates commercial waste. Buildings or establishments that use
499	an aerobic treatment unit or generate commercial waste shall be
500	inspected by the department at least annually to assure
501	compliance with the terms of the operating permit. The operating
502	permit for a commercial wastewater system is valid for 1 year
503	from the date of issuance and must be renewed annually. The
504	operating permit for an aerobic treatment unit is valid for 2
505	years from the date of issuance and must be renewed every 2
506	years. If all information pertaining to the siting, location,
507	and installation conditions or repair of an onsite sewage
508	treatment and disposal system remains the same, a construction
509	or repair permit for the onsite sewage treatment and disposal
510	system may be transferred to another person, if the transferee
511	files, within 60 days after the transfer of ownership, an
512	amended application providing all corrected information and
513	proof of ownership of the property. There is no fee associated
514	with the processing of this supplemental information. A person
515	may not contract to construct, modify, alter, repair, service,
516	abandon, or maintain any portion of an onsite sewage treatment
517	and disposal system without being registered under part III of
518	chapter 489. A property owner who personally performs
519	construction, maintenance, or repairs to a system serving his or
520	her own owner-occupied single-family residence is exempt from
521	registration requirements for performing such construction,
522	maintenance, or repairs on that residence, but is subject to all
523	permitting requirements. A municipality or political subdivision
524	of the state may not issue a building or plumbing permit for any
525	building that requires the use of an onsite sewage treatment and
526	disposal system unless the owner or builder has received a
527	construction permit for such system from the department. A
528	building or structure may not be occupied and a municipality,
529	political subdivision, or any state or federal agency may not
530	authorize occupancy until the department approves the final
531	installation of the onsite sewage treatment and disposal system.
532	A municipality or political subdivision of the state may not
533	approve any change in occupancy or tenancy of a building that
534	uses an onsite sewage treatment and disposal system until the
535	department has reviewed the use of the system with the proposed
536	change, approved the change, and amended the operating permit.
537	(j) An onsite sewage treatment and disposal system for a
538	single-family residence that is designed by a professional
539	engineer registered in the state and certified by such engineer
540	as complying with performance criteria adopted by the department
541	must be approved by the department subject to the following:
542	1. The performance criteria applicable to engineer-
543	designed systems must be limited to those necessary to ensure
544	that such systems do not adversely affect the public health or
545	significantly degrade the groundwater or surface water. Such
546	performance criteria shall include consideration of the quality
547	of system effluent, the proposed total sewage flow per acre,
548	wastewater treatment capabilities of the natural or replaced
549	soil, water quality classification of the potential surface-
550	water-receiving body, and the structural and maintenance
551	viability of the system for the treatment of domestic
552	wastewater. However, performance criteria shall address only
553	the performance of a system and not a system's design.
554	2. The technical review and advisory panel shall assist
555	the department in the development of performance criteria
556	applicable to engineer-designed systems. Workshops on the
557	development of the rules delineating such criteria shall
558	commence not later than September 1, 1996, and the department
559	shall advertise such rules for public hearing no later than
560	October 1, 1997.
561	3. A person electing to utilize an engineer-designed
562	system shall, upon completion of the system design, submit such
563	design, certified by a registered professional engineer, to the
564	county health department. The county health department may
565	utilize an outside consultant to review the engineer-designed
566	system, with the actual cost of such review to be borne by the
567	applicant. Within 5 working days after receiving an engineer-
568	designed system permit application, the county health department
569	shall request additional information if the application is not
570	complete. Within 15 working days after receiving a complete
571	application for an engineer-designed system, the county health
572	department either shall issue the permit or, if it determines
573	that the system does not comply with the performance criteria,
574	shall notify the applicant of that determination and refer the
575	application to the department for a determination as to whether
576	the system should be approved, disapproved, or approved with
577	modification. The department engineer's determination shall
578	prevail over the action of the county health department. The
579	applicant shall be notified in writing of the department's
580	determination and of the applicant's rights to pursue a variance
581	or seek review under the provisions of chapter 120.
582	4. The owner of an engineer-designed performance-based
583	system must maintain a current maintenance service agreement
584	with a maintenance entity permitted by the department. The
585	maintenance entity shall obtain a biennial system operating
586	permit from the department for each system under service
587	contract. The department shall inspect the system at least
588	annually, or on such periodic basis as the fee collected
589	permits, and may collect system-effluent samples if appropriate
590	to determine compliance with the performance criteria. The fee
591	for the biennial operating permit shall be collected beginning
592	with the second year of system operation. The maintenance entity
593	shall inspect each system at least twice each year and shall
594	report quarterly to the department on the number of systems
595	inspected and serviced.
596	5. If an engineer-designed system fails to properly
597	function or fails to meet performance standards, the system
598	shall be re-engineered, if necessary, to bring the system into
599	compliance with the provisions of this section.
600	Section 8. Paragraph (a) of subsection (2) of section
601	381.0072, Florida Statutes, is amended to read:
602	381.0072 Food service protection.--It shall be the duty of
603	the Department of Health to adopt and enforce sanitation rules
604	consistent with law to ensure the protection of the public from
605	food-borne illness. These rules shall provide the standards and
606	requirements for the storage, preparation, serving, or display
607	of food in food service establishments as defined in this
608	section and which are not permitted or licensed under chapter
609	500 or chapter 509.
610	(2) DUTIES.--
611	(a) The department shall adopt rules, including
612	definitions of terms which are consistent with law prescribing
613	minimum sanitation standards and manager certification
614	requirements as prescribed in s. 509.039, and which shall be
615	enforced in food service establishments as defined in this
616	section. The sanitation standards must address the construction,
617	operation, and maintenance of the establishment; lighting,
618	ventilation, laundry rooms, lockers, use and storage of toxic
619	materials and cleaning compounds, and first-aid supplies; plan
620	review; design, construction, installation, location,
621	maintenance, sanitation, and storage of food equipment and
622	utensils; employee training, health, hygiene, and work
623	practices; food supplies, preparation, storage, transportation,
624	and service, including access to the areas where food is stored
625	or prepared; and sanitary facilities and controls, including
626	water supply and sewage disposal; plumbing and toilet
627	facilities; garbage and refuse collection, storage, and
628	disposal; and vermin control. Public and private schools if the
629	food service is operated by school employees, hospitals licensed
630	under chapter 395, nursing homes licensed under part II of
631	chapter 400, child care facilities as defined in s. 402.301, and
632	residential facilities colocated with a nursing home or hospital
633	if all food is prepared in a central kitchen that complies with
634	nursing or hospital regulations, and bars and loungesshall be
635	exempt from the rules developed for manager certification. The
636	department shall administer a comprehensive inspection,
637	monitoring, and sampling program to ensure such standards are
638	maintained. With respect to food service establishments
639	permitted or licensed under chapter 500 or chapter 509, the
640	department shall assist the Division of Hotels and Restaurants
641	of the Department of Business and Professional Regulation and
642	the Department of Agriculture and Consumer Services with
643	rulemaking by providing technical information.
644	Section 9. Section 381.104, Florida Statutes, is created
645	to read:
646	381.104 Employee health and wellness program.--
647	(1) Each state agency may allocate, from existing
648	resources, the necessary funding and facilities for the
649	development and maintenance of an employee health and wellness
650	program and may seek additional funding from other sources to
651	support the program for the benefit of the agency's employees.
652	(2) Each state agency may dedicate resources to develop
653	and coordinate an employee health and wellness program or
654	arrange to cooperate with other agencies in their geographic
655	proximity for program coordination, including providers of state
656	employee benefits.
657	(3) Each state agency may establish an employee health and
658	wellness coordinator and an advisory committee to guide the
659	development of an operational plan, including the collection of
660	data, to plan events and activities, and to oversee program
661	evaluation and the allocation of funds.
662	(4) Each state agency may conduct and dedicate resources
663	toward an employee needs assessment to ascertain the health-and-
664	wellness-related needs of its employees.
665	(5) Each state agency may establish policies that allow
666	employees no longer than 30 minutes of work time three times
667	each week, as individual workloads allow, which may be used for
668	the purpose of engaging in health and wellness activities,
669	including physical activity, stress-reduction programs, tobacco
670	cessation, personal training, nutrition counseling, or weight
671	reduction and control.
672	(6) Each state agency participating in the program must
673	use an employee health and wellness activity agreement form,
674	which must be completed and signed by the employee, signed by
675	the employee's immediate supervisor, and kept in the employee's
676	personnel file prior to participating in any activity. This form
677	shall be developed by the Department of Health. It is the
678	responsibility of the employee to complete the form, including
679	the time of the workday the health and wellness activity will be
680	observed and on which days of the week, obtain the signature of
681	his or her supervisor, and submit the form to the personnel
682	office. The employee must submit a revised employee health and
683	wellness activity agreement form prior to any change in the
684	employee's activities.
685	(7) Each state agency may designate up to 1 hour each
686	month for the purpose of providing health and wellness training
687	for its employees.
688	(8) Each state agency may use e-mail and other
689	communication systems to promote the agency's employee health
690	and wellness activities.
691	(9) Each state agency may, and is encouraged to:
692	(a) Enter into an agreement or contract with other state
693	agencies, including a state-supported college or university, or
694	with a local or federal department, institution, commission,
695	agency, or private enterprise to present, collaborate, or
696	participate jointly in health or wellness education or activity
697	programs.
698	(b) Implement as a part of the employee health and
699	wellness program health education activities that focus on skill
700	development and lifestyle behavior change, along with
701	information dissemination and awareness building, preferably
702	tailored to an employee's interests and needs.
703	(c) Review and offer recommendations on environmental and
704	social support policies that pertain to improving the health of
705	employees.
706	(d) Link the employee health and wellness program to
707	programs such as the employee assistance program and other
708	related programs to help employees balance work and family.
709	(e) Offer free, low-cost, or employee-fee-based employee
710	health and wellness programs.
711	(10) Each agency that develops and implements an employee
712	health and wellness program shall include and document an
713	evaluation and improvement process to help enhance the program's
714	efficiency and effectiveness over time.
715	(11) The Department of Health shall provide model program
716	guidelines for the employee health and wellness program and
717	shall provide ongoing technical assistance to other state
718	agencies to assist in developing the agency's employee health
719	and wellness program.
720	Section 10. Section 381.86, Florida Statutes, is created
721	to read:
722	381.86 Review Council for Human Subjects.--
723	(1) The Review Council for Human Subjects is created
724	within the Department of Health to comply with federal
725	requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50 and
726	56 for an institutional review board to review all biomedical
727	and behavioral research on human subjects which is funded by the
728	department or supported by the department in any manner,
729	including the permitting of access to department data or
730	department resources.
731	(2) Consistent with federal requirements, the Secretary of
732	Health shall determine and appoint the membership on the council
733	and designate the chair.
734	(3) The council may serve as an institutional review board
735	for other agencies at the discretion of the secretary.
736	(4) Each council member is entitled to reimbursement for
737	per diem and travel expenses as provided in s. 112.061 while
738	carrying out the official business of the council.
739	(5) The department shall charge for costs incurred by the
740	council for research oversight according to a fee schedule,
741	except that fees shall be waived for any student who is a
742	candidate for a degree at a university located in this state.
743	The fee schedule shall provide for fees for initial review,
744	amendments, and continuing review. The department shall adopt
745	rules necessary to comply with federal requirements and this
746	section. Such rules shall also prescribe procedures for
747	requesting council review.
748	(6) Fees collected pursuant to this section shall be
749	deposited into the department's Administrative Trust Fund and
750	used solely for the purpose of administering the program
751	authorized by this section.
752	Section 11. Paragraphs (b) and (c) of subsection (3) of
753	section 381.89, Florida Statutes, are amended to read:
754	381.89 Regulation of tanning facilities.--
755	(3)
756	(b) The department shall establish procedures for the
757	issuance and annual renewal of licenses and shall establish
758	annual license and renewal fees and late payment feesin an
759	amount necessary to cover the expenses of administering this
760	section. Annual license and renewal fees may notshall be not
761	less than $125 nor more than $250 per tanning device and a
762	maximum total fee per individual tanning facility may be set by
763	rule. Effective October 1, 1991, the fee amount shall be the
764	minimum fee proscribed in this paragraph and such fee amount
765	shall remain in effect until the effective date of a fee
766	schedule adopted by the department.
767	(c) The department may adopt a system under which licenses
768	expire on staggered dates and the annual renewal fees are
769	prorated quarterlymonthlyto reflect the actual number of
770	months the license is valid.
771	Section 12. Subsection (3) and paragraph (a) of subsection
772	(7) of section 381.90, Florida Statutes, are amended to read:
773	381.90 Health Information Systems Council; legislative
774	intent; creation, appointment, duties.--
775	(3) The council shall be composed of the following members
776	or their senior executive-level designees:
777	(a) The Secretary of the Department of Health.;
778	(b) The Executive Directorsecretary of the Department of
779	Veterans' Affairs.Business and Professional Regulation;
780	(c) The Secretary of the Department ofChildren and Family
781	Services.;
782	(d) The Secretary of Health Care Administration.;
783	(e) The Secretary of the Department of Corrections.;
784	(f) The Attorney General.;
785	(g) The Executive Director of the Correctional Medical
786	Authority.;
787	(h) Two members representing county health departments,
788	one from a small county and one from a large county, appointed
789	by the Governor.;
790	(i) A representative from the Florida Association of
791	Counties.;
792	(j) The Chief Financial Officer.State Treasurer and
793	Insurance Commissioner;
794	(k) A representative from the Florida Healthy Kids
795	Corporation.;
796	(l) A representative from a school of public health chosen
797	by the Commissioner of Education.Board of Regents;
798	(m) The Commissioner of Education.;
799	(n) The Secretary of the Department of Elderly Affairs.;
800	and
801	(o) The Secretary of the Department ofJuvenile Justice.
802
803	Representatives of the Federal Government may serve without
804	voting rights.
805	(7) The council's duties and responsibilities include, but
806	are not limited to, the following:
807	(a) By JuneMarch1 of each year, to develop and approve a
808	strategic plan pursuant to the requirements set forth in s.
809	186.022(9). Copies of the plan shall be transmitted
810	electronically or in writing to the Executive Office of the
811	Governor, the Speaker of the House of Representatives, and the
812	President of the Senate.
813	Section 13. Subsections (1) and (2), paragraphs (f) and
814	(g) of subsection (3), and subsection (5) of section 383.14,
815	Florida Statutes, are amended to read:
816	383.14 Screening for metabolic disorders, other hereditary
817	and congenital disorders, and environmental risk factors.--
818	(1) SCREENING REQUIREMENTS.--To help ensure access to the
819	maternal and child health care system, the Department of Health
820	shall promote the screening of all newbornsinfantsborn in
821	Florida for phenylketonuria and other metabolic, hereditary, and
822	congenital disorders known to result in significant impairment
823	of health or intellect, as screening programs accepted by
824	current medical practice become available and practical in the
825	judgment of the department. The department shall also promote
826	the identification and screening of all newbornsinfantsborn in
827	this state and their families for environmental risk factors
828	such as low income, poor education, maternal and family stress,
829	emotional instability, substance abuse, and other high-risk
830	conditions associated with increased risk of infant mortality
831	and morbidity to provide early intervention, remediation, and
832	prevention services, including, but not limited to, parent
833	support and training programs, home visitation, and case
834	management. Identification, perinatal screening, and
835	intervention efforts shall begin prior to and immediately
836	following the birth of the child by the attending health care
837	provider. Such efforts shall be conducted in hospitals,
838	perinatal centers, county health departments, school health
839	programs that provide prenatal care, and birthing centers, and
840	reported to the Office of Vital Statistics.
841	(a) Prenatal screening.--The department shall develop a
842	multilevel screening process that includes a risk assessment
843	instrument to identify women at risk for a preterm birth or
844	other high-risk condition. The primary health care provider
845	shall complete the risk assessment instrument and report the
846	results to the Office of Vital Statistics so that the woman may
847	immediately be notified and referred to appropriate health,
848	education, and social services.
849	(b) Postnatal screening.--A risk factor analysis using the
850	department's designated risk assessment instrument shall also be
851	conducted as part of the medical screening process upon the
852	birth of a child and submitted to the department's Office of
853	Vital Statistics for recording and other purposes provided for
854	in this chapter. The department's screening process for risk
855	assessment shall include a scoring mechanism and procedures that
856	establish thresholds for notification, further assessment,
857	referral, and eligibility for services by professionals or
858	paraprofessionals consistent with the level of risk. Procedures
859	for developing and using the screening instrument, notification,
860	referral, and care coordination services, reporting
861	requirements, management information, and maintenance of a
862	computer-driven registry in the Office of Vital Statistics which
863	ensures privacy safeguards must be consistent with the
864	provisions and plans established under chapter 411, Pub. L. No.
865	99-457, and this chapter. Procedures established for reporting
866	information and maintaining a confidential registry must include
867	a mechanism for a centralized information depository at the
868	state and county levels. The department shall coordinate with
869	existing risk assessment systems and information registries.
870	The department must ensure, to the maximum extent possible, that
871	the screening information registry is integrated with the
872	department's automated data systems, including the Florida On-
873	line Recipient Integrated Data Access (FLORIDA) system. Tests
874	and screenings must be performed by the State Public Health
875	Laboratory, in coordination with Children's Medical Services, at
876	such times and in such manner as is prescribed by the department
877	after consultation with the Genetics and NewbornInfant
878	Screening Advisory Council and the State Coordinating Council
879	for School Readiness Programs.
880	(2) RULES.--After consultation with the Genetics and
881	NewbornInfantScreening Advisory Council, the department shall
882	adopt and enforce rules requiring that every newborninfantborn
883	in this state shall, prior to becoming 2 weeks of age, be
884	subjected to a test for phenylketonuria and, at the appropriate
885	age, be tested for such other metabolic diseases and hereditary
886	or congenital disorders as the department may deem necessary
887	from time to time. After consultation with the State
888	Coordinating Council for School Readiness Programs, the
889	department shall also adopt and enforce rules requiring every
890	newborninfantborn in this state to be screened for
891	environmental risk factors that place children and their
892	families at risk for increased morbidity, mortality, and other
893	negative outcomes. The department shall adopt such additional
894	rules as are found necessary for the administration of this
895	section, including rules providing definitions of terms, rules
896	relating to the methods used and time or times for testing as
897	accepted medical practice indicates, rules relating to charging
898	and collecting fees for screenings authorized by this section,
899	and rules requiring mandatory reporting of the results of tests
900	and screenings for these conditions to the department.
901	(3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
902	department shall administer and provide certain services to
903	implement the provisions of this section and shall:
904	(f) Promote the availability of genetic studies and
905	counseling in order that the parents, siblings, and affected
906	newbornsinfantsmay benefit from available knowledge of the
907	condition.
908	(g) Have the authority to charge and collect fees for
909	screenings authorized in this section, as follows:
910	1. A fee of $20 will be charged for each live birth, as
911	recorded by the Office of Vital Statistics, occurring in a
912	hospital licensed under part I of chapter 395 or a birth center
913	licensed under s. 383.305, up to 3,000 live births per licensed
914	hospital per year or over 60 births per birth center per year.
915	The department shall calculate the annual assessment for each
916	hospital and birth center, and this assessment must be paid in
917	equal amounts quarterly. Quarterly, the department shall
918	generate and mail to each hospital and birth center a statement
919	of the amount due.
920	2. As part of the department's legislative budget request
921	prepared pursuant to chapter 216, the department shall submit a
922	certification by the department's inspector general, or the
923	director of auditing within the inspector general's office, of
924	the annual costs of the uniform testing and reporting procedures
925	of the newborninfantscreening program. In certifying the
926	annual costs, the department's inspector general or the director
927	of auditing within the inspector general's office shall
928	calculate the direct costs of the uniform testing and reporting
929	procedures, including applicable administrative costs.
930	Administrative costs shall be limited to those department costs
931	which are reasonably and directly associated with the
932	administration of the uniform testing and reporting procedures
933	of the newborninfantscreening program.
934
935	All provisions of this subsection must be coordinated with the
936	provisions and plans established under this chapter, chapter
937	411, and Pub. L. No. 99-457.
938	(5) ADVISORY COUNCIL.--There is established a Genetics and
939	NewbornInfantScreening Advisory Council made up of 12 members
940	appointed by the Secretary of Health. The council shall be
941	composed of two consumer members, three practicing
942	pediatricians, at least one of whom must be a pediatric
943	hematologist, one representative from each of the four medical
944	schools in the state, the Secretary of Health or his or her
945	designee, one representative from the Department of Health
946	representing Children's Medical Services, and one representative
947	from the Developmental Disabilities Program Office of the
948	Department of Children and Family Services. All appointments
949	shall be for a term of 4 years. The chairperson of the council
950	shall be elected from the membership of the council and shall
951	serve for a period of 2 years. The council shall meet at least
952	semiannually or upon the call of the chairperson. The council
953	may establish ad hoc or temporary technical advisory groups to
954	assist the council with specific topics which come before the
955	council. Council members shall serve without pay. Pursuant to
956	the provisions of s. 112.061, the council members are entitled
957	to be reimbursed for per diem and travel expenses. It is the
958	purpose of the council to advise the department about:
959	(a) Conditions for which testing should be included under
960	the screening program and the genetics program.;
961	(b) Procedures for collection and transmission of
962	specimens and recording of results.; and
963	(c) Methods whereby screening programs and genetics
964	services for children now provided or proposed to be offered in
965	the state may be more effectively evaluated, coordinated, and
966	consolidated.
967	Section 14. Section 384.25, Florida Statutes, is amended
968	to read:
969	384.25 Reporting required.--
970	(1) Each person who makes a diagnosis of or treats a
971	person with a sexually transmissible disease and each laboratory
972	that performs a test for a sexually transmissible disease which
973	concludes with a positive result shall report such facts as may
974	be required by the department by rule, within a time period as
975	specified by rule of the department, but in no case to exceed 2
976	weeks.
977	(a)(2)The department shall adopt rules specifying the
978	information required in and a minimum time period for reporting
979	a sexually transmissible disease. In adopting such rules, the
980	department shall consider the need for information, protections
981	for the privacy and confidentiality of the patient, and the
982	practical ability of persons and laboratories to report in a
983	reasonable fashion. To ensure the confidentiality of persons
984	infected with the human immunodeficiency virus (HIV), reporting
985	of HIV infection and acquired immune deficiency syndrome (AIDS)
986	must be conducted using a systemthe HIV/AIDS Reporting System
987	(HARS)developed by the Centers for Disease Control and
988	Prevention of the United States Public Health Service or an
989	equivalent system.
990	(b)(3) The department shall require reporting of physician
991	diagnosed cases of AIDS and HIV infection consistent withbased
992	upon diagnostic criteria for surveillance-case definition for
993	HIV/AIDS reportingfrom the Centers for Disease Control and
994	Prevention.
995	(c)(4) The department shallmayrequire physician and
996	laboratory reporting of HIV infection. However, only reports of
997	HIV infection identified on or after the effective date of the
998	rule developed by the department pursuant to this subsection
999	shall be accepted. TheReporting may not affect or relate to
1000	anonymous HIV testing programs conducted pursuant to s.
1001	381.004(4) or to university-based medical research protocols as
1002	determined by the department.
1003	(2)(5) After notification of the test subject under
1004	subsection (4), the department may, with the consent of the test
1005	subject, notify school superintendents of students and school
1006	personnel whose HIV tests are positive.
1007	(3) The department shall adopt rules requiring each
1008	physician and laboratory to report any newborn or infant up to
1009	18 months of age who has been exposed to HIV. The rules may
1010	include the method and time period for reporting, information to
1011	be included in the report, requirements for enforcement, and
1012	followup activities by the department.
1013	(4)(6)The department shall by February 1 of each year
1014	submit to the Legislature an annual report relating to all
1015	information obtained pursuant to this section.
1016	(5)(7)Each person who violates the provisions of this
1017	section or the rules adopted hereunder may be fined by the
1018	department up to $500 for each offense. The department shall
1019	report each violation of this section to the regulatory agency
1020	responsible for licensing each health care professional and each
1021	laboratory to which these provisions apply.
1022	Section 15. Subsection (1) of section 385.204, Florida
1023	Statutes, is amended to read:
1024	385.204 Insulin; purchase, distribution; penalty for
1025	fraudulent application for and obtaining of insulin.--
1026	(1) The Department of Health, to the extent funds are
1027	available,shall purchase and distribute insulin through its
1028	agents or other appropriate agent of the state or Federal
1029	Government in any county or municipality in the state to any
1030	bona fide resident of this state suffering from diabetes or a
1031	kindred diseaserequiring insulin in its treatment who makes
1032	application for insulin and furnishes proof of his or her
1033	financial inability to purchase in accordance with the rules
1034	adoptedpromulgatedby the department concerning the
1035	distribution of insulin.
1036	Section 16. Subsection (2) of section 391.021, Florida
1037	Statutes, is amended to read:
1038	391.021 Definitions.--When used in this act, unless the
1039	context clearly indicates otherwise:
1040	(2) "Children with special health care needs" means those
1041	children under the age of 21 years who have, or are at increased
1042	risk for, chronic physical, developmental, behavioral, or
1043	emotional conditions and who also require health care and
1044	related services of a type or amount beyond that which is
1045	generally required by childrenwhose serious or chronic physical
1046	or developmental conditions require extensive preventive and
1047	maintenance care beyond that required by typically healthy
1048	children. Health care utilization by these children exceeds the
1049	statistically expected usage of the normal child adjusted for
1050	chronological age. These children often need complex care
1051	requiring multiple providers, rehabilitation services, and
1052	specialized equipment in a number of different settings.
1053	Section 17. Section 391.025, Florida Statutes, is amended
1054	to read:
1055	391.025 Applicability and scope.--
1056	(1) This act applies to health services provided to
1057	eligible individuals who are:
1058	(a) Enrolled in the Medicaid program;
1059	(b) Enrolled in the Florida Kidcare program; and
1060	(c) Uninsured or underinsured, provided that they meet the
1061	financial eligibility requirements established in this act, and
1062	to the extent that resources are appropriated for their care.
1063	(1)(2)The Children's Medical Services program consists of
1064	the following components:
1065	(a) The newborninfant metabolicscreening program
1066	established in s. 383.14.
1067	(b) The regional perinatal intensive care centers program
1068	established in ss. 383.15-383.21.
1069	(c) A federal or state program authorized by the
1070	Legislature.
1071	(d) The developmental evaluation and intervention program,
1072	including the Florida Infants and Toddlers Early Intervention
1073	Program.
1074	(e) The Children's Medical Services network.
1075	(2)(3)The Children's Medical Services program shall not
1076	be deemed an insurer and is not subject to the licensing
1077	requirements of the Florida Insurance Code or the rules of the
1078	Department of Insurance, when providing services to children who
1079	receive Medicaid benefits, other Medicaid-eligible children with
1080	special health care needs, and children participating in the
1081	Florida Kidcare program.
1082	Section 18. Section 391.029, Florida Statutes, is amended
1083	to read:
1084	391.029 Program eligibility.--
1085	(1) The department shall establish the medical criteria to
1086	determine if an applicant for the Children's Medical Services
1087	program is an eligible individual.
1088	(2) The following individuals are financially eligible to
1089	receive services throughforthe program:
1090	(a) A high-risk pregnant female who is eligible for
1091	Medicaid.
1092	(b) ChildrenA childwith special health care needs from
1093	birth to age 21 years of age who areiseligible for Medicaid.
1094	(c) ChildrenA childwith special health care needs from
1095	birth to age 19 years of age who areiseligible for a program
1096	under Title XXI of the Social Security Act.
1097	(3) Subject to the availability of funds, the following
1098	individuals may receive services through the program:
1099	(a)(d)ChildrenA childwith special health care needs
1100	from birth to age 21 years of age whose family income is above
1101	financial eligibility requirements under Title XXI of the Social
1102	Security Act and whoseprojected annual cost of care adjusts the
1103	family income to Medicaid financial criteria. In cases where
1104	the family income is adjusted based on a projected annual cost
1105	of care, the family shall participate financially in the cost of
1106	care based on criteria established by the department.
1107	(b)(e)ChildrenA child with special health care needs
1108	from birth to 21 years of age, as provideddefinedin Title V of
1109	the Social Security Act relating to children with special health
1110	care needs.
1111
1112	The department may continue to serve certain children with
1113	special health care needs who are 21 years of age or older and
1114	who were receiving services from the program prior to April 1,
1115	1998. Such children may be served by the department until July
1116	1, 2000.
1117	(4)(3)The department shall determine the financial and
1118	medical eligibility of children for the program. The department
1119	shall also determine the financial ability of the parents, or
1120	persons or other agencies having legal custody over such
1121	individuals, to pay the costs of health services under the
1122	program. The department may pay reasonable travel expenses
1123	related to the determination of eligibility for or the provision
1124	of health services.
1125	(5)(4)Any child who has been provided with surgical or
1126	medical care or treatment under this act prior to being adopted
1127	shall continue to be eligible to be provided with such care or
1128	treatment after his or her adoption, regardless of the financial
1129	ability of the persons adopting the child.
1130	Section 19. Subsection (4) is added to section 391.055,
1131	Florida Statutes, to read:
1132	391.055 Service delivery systems.--
1133	(4) If a newborn has a presumptively abnormal screening
1134	result for metabolic or other hereditary and congenital
1135	disorders which is identified through the newborn screening
1136	program pursuant to s. 383.14, the newborn shall be referred to
1137	the Children's Medical Services network for confirmatory
1138	testing, medical management, or medical referral.
1139	Section 20. Section 391.309, Florida Statutes, is created
1140	to read:
1141	391.309 Florida Infants and Toddlers Early Intervention
1142	Program.--The Department of Health may implement and administer
1143	Part C of the federal Individuals with Disabilities Education
1144	Act (IDEA), which shall be known as the Florida Infants and
1145	Toddlers Early Intervention Program.
1146	(1) The department, jointly with the Department of
1147	Education, shall annually prepare a grant application to the
1148	United States Department of Education for funding early
1149	intervention services for infants and toddlers with
1150	disabilities, ages birth through 36 months, and their families
1151	pursuant to Part C of the federal Individuals with Disabilities
1152	Education Act.
1153	(2) The department shall ensure that no early intervention
1154	provider participating in the program provides both core and
1155	required services without a waiver from the Deputy Secretary for
1156	Children's Medical Services, or his or her designee, as
1157	expressed in the contract between the department and the
1158	provider. For purposes of this section, core services are
1159	limited to child find and referral services, family support
1160	planning, service coordination, and multidisciplinary
1161	evaluation.
1162	Section 21. Subsection (5) of section 393.064, Florida
1163	Statutes, is amended to read:
1164	393.064 Prevention.--
1165	(5) The Department of HealthChildren and Family Services
1166	shall have the authority, within available resources, to
1167	contract for the supervision and management of the Raymond C.
1168	Philips Research and Education Unit, and such contract shall
1169	include specific program objectives.
1170	Section 22. Subsection (10) of section 394.4615, Florida
1171	Statutes, is amended to read:
1172	394.4615 Clinical records; confidentiality.--
1173	(10) Patients shall have reasonable access to their
1174	clinical records, unless such access is determined by the
1175	patient's physician to be a danger to the patient's life or
1176	safetyharmful to the patient. If the patient's right to inspect
1177	his or her clinical record is restricted by the facility,
1178	written notice of such restriction shall be given to the patient
1179	and the patient's guardian, guardian advocate, attorney, and
1180	representative. In addition, the restriction shall be recorded
1181	in the clinical record, together with the reasons for it. The
1182	restriction of a patient's right to inspect his or her clinical
1183	record shall expire after 7 days but may be renewed, after
1184	review, for subsequent 7-day periods.
1185	Section 23. Section 394.9151, Florida Statutes, is amended
1186	to read:
1187	394.9151 Contract authority.--The Department of Children
1188	and Family Services may contract with a private entity or state
1189	agency for use of and operation of facilities to comply with the
1190	requirements of this act. The department of Children and Family
1191	Servicesmay also contract with the Correctional Privatization
1192	Commission as defined in chapter 957 to issue a request for
1193	proposals and monitor contract compliance for these services.
1194	The department may enter an agreement or may contract with the
1195	Correctional Medical Authority as defined in chapter 945 to
1196	conduct surveys of medical services and to provide medical
1197	quality assurance and improvement assistance at secure
1198	confinement and treatment facilities for persons confined under
1199	this part.
1200	Section 24. Paragraphs (a) and (e) of subsection (4) and
1201	paragraph (b) of subsection (7) of section 395.3025, Florida
1202	Statutes, are amended, and a new paragraph (l) is added to
1203	subsection (4) of said section, to read:
1204	395.3025 Patient and personnel records; copies;
1205	examination.--
1206	(4) Patient records are confidential and must not be
1207	disclosed without the consent of the person to whom they
1208	pertain, but appropriate disclosure may be made without such
1209	consent to:
1210	(a) Licensed Facility personnel and all other licensed
1211	health care practitionersattending physiciansfor use in
1212	connection with the treatment of the patient.
1213	(e) The Department of Healthagencyupon subpoena issued
1214	pursuant to s. 456.071, but the records obtained thereby must be
1215	used solely for the purpose of the departmentagencyand the
1216	appropriate professional board in its investigation,
1217	prosecution, and appeal of disciplinary proceedings. The
1218	administrator or records custodian in a facility licensed under
1219	this chapter shall certify that a true and complete copy of the
1220	records requested pursuant to a subpoena or patient release have
1221	been provided to the department or otherwise identify those
1222	documents that have not been provided. If the departmentagency
1223	requests copies of the records, the facility shall charge no
1224	more than its actual copying costs, including reasonable staff
1225	time. The records must be sealed and must not be available to
1226	the public pursuant to s. 119.07(1) or any other statute
1227	providing access to records, nor may they be available to the
1228	public as part of the record of investigation for and
1229	prosecution in disciplinary proceedings made available to the
1230	public by the departmentagencyor the appropriate regulatory
1231	board. However, the departmentagencymust make available, upon
1232	written request by a practitioner against whom probable cause
1233	has been found, any such records that form the basis of the
1234	determination of probable cause.
1235	(l) Researchers or facility personnel for research
1236	purposes, provided that the researchers or facility personnel
1237	demonstrate compliance with the requirements of 45 C.F.R. s.
1238	164.512(i).
1239	(7)
1240	(b) Absent a specific written release or authorization
1241	permitting utilization of patient information for solicitation
1242	or marketing the sale of goods or services, any use of suchthat
1243	information for that purposethose purposes is prohibited. For
1244	purposes of this paragraph, the term "marketing" is defined as
1245	set forth in 45 C.F.R. s. 164.501.
1246	Section 25. Subsection (2) of section 395.404, Florida
1247	Statutes, is amended to read:
1248	395.404 Review of trauma registry data; confidentiality
1249	and limited release.--
1250	(2) Notwithstanding the provisions of s. 381.74, each
1251	trauma center and acute care hospital shall submit severe
1252	disability and head-injury registry data to the department as
1253	provided by rule. Each trauma center and acute care hospital
1254	shall continue to provide initial notification of any person who
1255	has a moderate-to-severe brain or spinal cord injurypersons who
1256	have severe disabilities and head injuries to the brain and
1257	spinal cord injury central registry ofthe Department of Health
1258	within timeframes provided in s. 381.74chapter 413. Such
1259	initial notification shall be made in the manner prescribed by
1260	the Department of Health for the purpose of providing timely
1261	vocational rehabilitation and transitional services to an
1262	individual who sustains traumatic moderate-to-severe brain or
1263	spinal cord injury to enable such individual to return to his or
1264	her communityservices to the severely disabled or head-injured
1265	person.
1266	Section 26. Paragraph (b) of subsection (2) of section
1267	395.7015, Florida Statutes, is amended to read:
1268	395.7015 Annual assessment on health care entities.--
1269	(2) There is imposed an annual assessment against certain
1270	health care entities as described in this section:
1271	(b) For the purpose of this section, "health care
1272	entities" include the following:
1273	1. Ambulatory surgical centers and mobile surgical
1274	facilities licensed under s. 395.003. This subsection shall only
1275	apply to mobile surgical facilities operating under contracts
1276	entered into on or after July 1, 1998.
1277	2. Clinical laboratories licensed under s. 483.091,
1278	excluding any hospital laboratory defined under s. 483.041(6),
1279	any clinical laboratory operated by the state or a political
1280	subdivision of the state, any clinical laboratory which
1281	qualifies as an exempt organization under s. 501(c)(3) of the
1282	Internal Revenue Code of 1986, as amended, and which receives 70
1283	percent or more of its gross revenues from services to charity
1284	patients or Medicaid patients, and any blood, plasma, or tissue
1285	bank procuring, storing, or distributing blood, plasma, or
1286	tissue either for future manufacture or research or distributed
1287	on a nonprofit basis, and further excluding any clinical
1288	laboratory which is wholly owned and operated by 6 or fewer
1289	physicians who are licensed pursuant to chapter 458 or chapter
1290	459 and who practice in the same group practice, and at which no
1291	clinical laboratory work is performed for patients referred by
1292	any health care provider who is not a member of the same group.
1293	3. Diagnostic-imaging centers that are freestanding
1294	outpatient facilities that provide specialized services for the
1295	identification or determination of a disease through examination
1296	and also provide sophisticated radiological services, and in
1297	which services are rendered by a physician licensed by the Board
1298	of Medicine under s. 458.311, s. 458.313, or s. 458.315458.317,
1299	or by an osteopathic physician licensed by the Board of
1300	Osteopathic Medicine under s. 459.006, s. 459.007, or s.
1301	459.0075. For purposes of this paragraph, "sophisticated
1302	radiological services" means the following: magnetic resonance
1303	imaging; nuclear medicine; angiography; arteriography; computed
1304	tomography; positron emission tomography; digital vascular
1305	imaging; bronchography; lymphangiography; splenography;
1306	ultrasound, excluding ultrasound providers that are part of a
1307	private physician's office practice or when ultrasound is
1308	provided by two or more physicians licensed under chapter 458 or
1309	chapter 459 who are members of the same professional association
1310	and who practice in the same medical specialties; and such other
1311	sophisticated radiological services, excluding mammography, as
1312	adopted in rule by the board.
1313	Section 27. Subsection (10) of section 400.141, Florida
1314	Statutes, is amended to read:
1315	400.141 Administration and management of nursing home
1316	facilities.--Every licensed facility shall comply with all
1317	applicable standards and rules of the agency and shall:
1318	(10) Keep full records of resident admissions and
1319	discharges; medical and general health status, including medical
1320	records, personal and social history, and identity and address
1321	of next of kin or other persons who may have responsibility for
1322	the affairs of the residents; and individual resident care plans
1323	including, but not limited to, prescribed services, service
1324	frequency and duration, and service goals. The records shall be
1325	open to inspection by the agency. A certified complete copy of
1326	the records shall be provided to the Department of Health upon
1327	subpoena issued pursuant to ss. 456.057 and 456.071. The
1328	provisions of chapter 456 shall apply to the records obtained
1329	pursuant to this section.
1330	Section 28. Subsection (3) is added to section 400.145,
1331	Florida Statutes, to read:
1332	400.145 Records of care and treatment of resident; copies
1333	to be furnished.--
1334	(3) The administrator or records custodian in a facility
1335	licensed under this chapter shall certify that a true and
1336	complete copy of the records requested pursuant to a subpoena or
1337	patient release have been provided to the department or
1338	otherwise identify those documents that have not been provided.
1339	Section 29. Paragraph (a) of subsection (4) of section
1340	400.211, Florida Statutes, is amended to read:
1341	400.211 Persons employed as nursing assistants;
1342	certification requirement.--
1343	(4) When employed by a nursing home facility for a 12-
1344	month period or longer, a nursing assistant, to maintain
1345	certification, shall submit to a performance review every 12
1346	months and must receive regular inservice education based on the
1347	outcome of such reviews. The inservice training must:
1348	(a) Be sufficient to ensure the continuing competence of
1349	nursing assistants, must be at least 1218hours per year, and
1350	may include hours accrued under s. 464.203(7)(8);
1351
1352	Costs associated with this training may not be reimbursed from
1353	additional Medicaid funding through interim rate adjustments.
1354	Section 30. Section 400.455, Florida Statutes, is created
1355	to read:
1356	400.455 Certified copy of subpoenaed records.--Upon a
1357	subpoena issued by the Department of Health pursuant to s.
1358	456.057 or s. 456.071, a certified complete copy of the
1359	requested records shall be provided. The provisions of chapter
1360	456 shall apply to the records obtained pursuant to this
1361	section.
1362	Section 31. Subsection (2) of section 401.113, Florida
1363	Statutes, is amended to read:
1364	401.113 Department; powers and duties.--
1365	(2)(a)The department shall annually dispense funds
1366	contained in the Emergency Medical Services Trust Fund as
1367	follows:
1368	1.(a)Forty-five percent of such moneys must be divided
1369	among the counties according to the proportion of the combined
1370	amount deposited in the trust fund from the county. These funds
1371	may not be used to match grant funds as identified in
1372	subparagraph 2.paragraph(b).An individual board of county
1373	commissioners may distribute these funds to emergency medical
1374	service organizations within the county, as it deems
1375	appropriate.
1376	2.(b)Forty percent of such moneys must be used by the
1377	department for making matching grants to local agencies,
1378	municipalities, and emergency medical services organizations for
1379	the purpose of conducting research, increasing existing levels
1380	of emergency medical services, evaluation, community education,
1381	injury prevention programs, and training in cardiopulmonary
1382	resuscitation and other lifesaving and first aid techniques.
1383	a.1.At least 90 percent of these moneys must be made
1384	available on a cash matching basis. A grant made under this
1385	sub-subparagraphsubparagraphmust be contingent upon the
1386	recipient providing a cash sum equal to 25 percent of the total
1387	department-approved grant amount.
1388	b.2.No more than 10 percent of these moneys must be made
1389	available to rural emergency medical services, and
1390	notwithstanding the restrictions specified in subsection (1),
1391	these moneys may be used for improvement, expansion, or
1392	continuation of services provided. A grant made under this sub-
1393	subparagraphsubparagraphmust be contingent upon the recipient
1394	providing a cash sum equal to no more than 10 percent of the
1395	total department-approved grant amount.
1396
1397	The department shall develop procedures and standards for grant
1398	disbursement under this subparagraphparagraphbased on the need
1399	for emergency medical services, the requirements of the
1400	population to be served, and the objectives of the state
1401	emergency medical services plan.
1402	3.(c)Fifteen percent of such moneys must be used by the
1403	department for capital equipment outlay, personnel, community
1404	education, evaluation, and other costs associated with the
1405	administration of this chapter. Any moneys not annually used for
1406	this purpose must be used for making additional rural grant
1407	funds available.
1408	(b) Notwithstanding any other provision of law to the
1409	contrary, any interest generated from grant funds may be
1410	expended by the grantee on the budget items approved by the
1411	department. Grantees receiving funds that require a match may
1412	not expend interest funds until all match requirements have been
1413	satisfied. Such grantees shall return to the department any
1414	interest and grant funds not expended at the conclusion of the
1415	grant period. All such returned funds shall be used by the
1416	department for additional matching grant awards.
1417	Section 32. Section 401.211, Florida Statutes, is amended
1418	to read:
1419	401.211 Legislative intent.--The Legislature recognizes
1420	that the systematic provision of emergency medical services
1421	saves lives and reduces disability associated with illness and
1422	injury. In addition, that system of care must be equally capable
1423	of assessing, treating, and transporting children, adults, and
1424	frail elderly persons. Further, it is the intent of the
1425	Legislature to encourage the development and maintenance of
1426	emergency medical services because such services are essential
1427	to the health and well-being of all citizens of the state. The
1428	Legislature also recognizes that the establishment of a
1429	comprehensive statewide injury prevention and control program
1430	supports state and community health systems by further enhancing
1431	the total delivery system of emergency medical services and
1432	reduces injuries for all persons.The purpose of this part is to
1433	protect and enhance the public health, welfare, and safety
1434	through the establishment of an emergency medical services state
1435	plan, an advisory council, a comprehensive statewide injury
1436	prevention and control program,minimum standards for emergency
1437	medical services personnel, vehicles, services and medical
1438	direction, and the establishment of a statewide inspection
1439	program created to monitor the quality of patient care delivered
1440	by each licensed service and appropriately certified personnel.
1441	Section 33. Section 401.243, Florida Statutes, is created
1442	to read:
1443	401.243 Injury prevention and control.--The injury
1444	prevention and control program is responsible for the statewide
1445	coordination and expansion of injury prevention and control
1446	activities. The duties of the department may include, but are
1447	not limited to, data collection, surveillance, education, and
1448	the promotion of interventions. The department may:
1449	(1) Assist county health departments and community and
1450	other state agencies by serving as a focal point for injury
1451	prevention expertise and guidance.
1452	(2) Seek, receive, and expend any funds received through
1453	appropriations, grants, donations, or contributions from public
1454	or private sources for program purposes.
1455	(3) Adopt rules related to the activities of the program,
1456	including, but not limited to, those needed for implementation
1457	of injury prevention and control activities, data collection,
1458	surveillance, education, promotion of interventions, and
1459	assistance to other entities.
1460	(4) Develop, and revise as necessary, a comprehensive
1461	state plan for injury prevention and control.
1462	Section 34. Subsections (3), (4), (5), and (13) of section
1463	401.27, Florida Statutes, are amended, and subsection (14) is
1464	added to said section, to read:
1465	401.27 Personnel; standards and certification.--
1466	(3) Any person who desires to be certified or recertified
1467	as an emergency medical technician or paramedic must apply to
1468	the department under oath on forms provided by the department
1469	which shall contain such information as the department
1470	reasonably requires, which may include affirmative evidence of
1471	ability to comply with applicable laws and rules. The department
1472	may accept electronically submitted applications. If an
1473	application is submitted electronically, the department may
1474	require supplemental materials, including an original signature
1475	of the applicant and documentation verifying eligibility for
1476	certification to be submitted in a nonelectronic format.The
1477	department shall determine whether the applicant meets the
1478	requirements specified in this section and in rules of the
1479	department and shall issue a certificate to any person who meets
1480	such requirements.
1481	(4) An applicant for certification or recertification as
1482	an emergency medical technician or paramedic must:
1483	(a) Have completed an appropriate training course as
1484	follows:
1485	1. For an emergency medical technician, an emergency
1486	medical technician training course equivalent to the most recent
1487	emergency medical technician basic training course of the United
1488	States Department of Transportation as approved by the
1489	department.;
1490	2. For a paramedic, a paramedic training program
1491	equivalent to the most recent paramedic course of the United
1492	States Department of Transportation as approved by the
1493	department.;
1494	(b) Certify under oaththat he or she is not addicted to
1495	alcohol or any controlled substance.;
1496	(c) Certify under oaththat he or she is free from any
1497	physical or mental defect or disease that might impair the
1498	applicant's ability to perform his or her duties.;
1499	(d) Within 1 year after course completion have passed an
1500	examination developed or required by the department.;
1501	(e)1. For an emergency medical technician, hold either a
1502	current American Heart Association cardiopulmonary resuscitation
1503	course card or an American Red Cross cardiopulmonary
1504	resuscitation course card or its equivalent as defined by
1505	department rule.;
1506	2. For a paramedic, hold a certificate of successful
1507	course completion in advanced cardiac life support from the
1508	American Heart Association or its equivalent as defined by
1509	department rule.;
1510	(f) Submit the certification fee and the nonrefundable
1511	examination fee prescribed in s. 401.34, which examination fee
1512	will be required for each examination administered to an
1513	applicant.; and
1514	(g) Submit a completed application to the department,
1515	which application documents compliance with paragraphs (a), (b),
1516	(c), (e), (f), (g), and, if applicable, (d). The application
1517	must be submitted so as to be received by the department at
1518	least 30 calendar days before the next regularly scheduled
1519	examination for which the applicant desires to be scheduled.
1520	(5) The certification examination must be offered monthly.
1521	The department shall issue an examination admission notice to
1522	the applicant advising him or her of the time and place of the
1523	examination for which he or she is scheduled. Individuals
1524	achieving a passing score on the certification examination may
1525	be issued a temporary certificate with their examination grade
1526	report. The department must issue an original certification
1527	within 45 days after the examination.Examination questions and
1528	answers are not subject to discovery but may be introduced into
1529	evidence and considered only in camera in any administrative
1530	proceeding under chapter 120. If an administrative hearing is
1531	held, the department shall provide challenged examination
1532	questions and answers to the administrative law judge. The
1533	department shall establish by rule the procedure by which an
1534	applicant, and the applicant's attorney, may review examination
1535	questions and answers in accordance with s. 119.07(3)(a).
1536	(13) The department shall adopt a standard state insignia
1537	for emergency medical technicians and paramedics. The department
1538	shall establish by rule the requirements to display the state
1539	emergency medical technician and paramedic insignia. The rules
1540	may not require a person to wear the standard insignia but must
1541	require thatIf a person wears any insignia that identifies the
1542	person as a certified emergency medical technician or paramedic
1543	in this state, the insignia must be the standard state insignia
1544	adopted under this section. The insignia mustdenote the
1545	individual's level of certification at which he or she is
1546	functioning.
1547	(14)(a) An applicant for initial certification under this
1548	section must submit information and a set of fingerprints to the
1549	department on a form and under procedures specified by the
1550	department, along with payment in an amount equal to the costs
1551	incurred by the department for a statewide and a national
1552	criminal history check of the applicant.
1553	(b) An applicant for renewal of certification who has not
1554	previously submitted a set of fingerprints to the department
1555	must submit information required to perform a statewide and a
1556	national criminal history check and a set of fingerprints to the
1557	department as a condition of the initial renewal of his or her
1558	certificate after the effective date of this section. The
1559	applicant must submit the fingerprints on a form and under
1560	procedures specified by the department, along with payment in an
1561	amount equal to the costs incurred by the department. For
1562	subsequent renewals, the department shall, by rule, adopt an
1563	application form that includes a sworn oath or affirmation
1564	attesting to the existence of any criminal convictions,
1565	regardless of plea or adjudication, which have occurred since
1566	the previous certification. If there has been a criminal
1567	conviction, the provisions of this subsection shall apply. The
1568	department shall notify current certificateholders of their
1569	requirement to undergo a criminal history check sufficiently in
1570	advance of the 2004 biennial expiration for the
1571	certificateholder to provide the required information prior to
1572	submission of the renewal certification application. Eligibility
1573	for renewal may not be denied by the department for the first
1574	renewal application subsequent to enactment of this subsection
1575	for delays created in obtaining the criminal history from the
1576	Department of Law Enforcement, the Federal Bureau of
1577	Investigation, or the Division of State Fire Marshal if the
1578	applicant has submitted the required criminal history screening
1579	information or affidavit and fees with the renewal certification
1580	application.
1581	(c) Pursuant to the requirements of s. 120.60,
1582	applications for certification must be processed within 90 days
1583	after receipt of a completed application. Applications for
1584	certification shall not be complete until the criminal history
1585	information and certified copies of all court documents for
1586	those applications with prior criminal convictions, pursuant to
1587	this section, have been received by the department.
1588	(d) The department shall submit the fingerprints and
1589	information required for a statewide criminal history check to
1590	the Department of Law Enforcement for such check, and the
1591	Department of Law Enforcement shall forward the fingerprints and
1592	information to the Federal Bureau of Investigation for a
1593	national criminal history check of the applicant.
1594	(e) If an applicant has undergone a criminal history check
1595	as a condition of employment or certification as a firefighter
1596	under s. 633.34, the Division of State Fire Marshal of the
1597	Department of Financial Services shall provide the criminal
1598	history information regarding the applicant seeking
1599	certification or renewal of certification under this section to
1600	the department. Any applicant for initial certification or
1601	renewal of certification who has already submitted a set of
1602	fingerprints and information to the Division of State Fire
1603	Marshal of the Department of Financial Services for the criminal
1604	history check required for employment and certification of
1605	firefighters under s. 633.34 within 2 years prior to application
1606	under this section is not required to provide to the department
1607	a subsequent set of fingerprints or other duplicate information
1608	required for a criminal history check if the applicant submits
1609	an affidavit in a form prescribed by the department attesting
1610	that he or she has been a state resident for the previous 2
1611	years.
1612	(f) Notwithstanding the grounds for certification denial
1613	outlined in s. 401.411, an applicant must not have:
1614	1. Been found guilty of, regardless of plea or
1615	adjudication, any offense prohibited under any of the following
1616	provisions of the Florida Statutes or under any similar statute
1617	of another jurisdiction:
1618	a. Section 415.111, relating to abuse, neglect, or
1619	exploitation of a vulnerable adult.
1620	b. Section 782.04, relating to murder.
1621	c. Section 782.07, relating to manslaughter, aggravated
1622	manslaughter of an elderly person or disabled adult, aggravated
1623	manslaughter of a child, or aggravated manslaughter of an
1624	officer, a firefighter, an emergency medical technician, or a
1625	paramedic.
1626	d. Section 782.071, relating to vehicular homicide.
1627	e. Section 782.09, relating to killing of an unborn child
1628	by injury to the mother.
1629	f. Section 784.011, relating to assault, if the victim of
1630	the offense was a minor.
1631	g. Section 784.021, relating to aggravated assault.
1632	h. Section 784.03, relating to battery, if the victim of
1633	the offense was a minor.
1634	i. Section 784.045, relating to aggravated battery.
1635	j. Section 787.01, relating to kidnapping.
1636	k. Section 787.02, relating to false imprisonment.
1637	l. Section 794.011, relating to sexual battery.
1638	m. Former s. 794.041, relating to prohibited acts of
1639	persons in familial or custodial authority.
1640	n. Chapter 796, relating to prostitution.
1641	o. Section 798.02, relating to lewd and lascivious
1642	behavior.
1643	p. Chapter 800, relating to lewdness and indecent
1644	exposure.
1645	q. Section 806.01, relating to arson.
1646	r. Chapter 812, relating to theft, robbery, and related
1647	crimes, if the offense was a felony.
1648	s. Section 817.563, relating to fraudulent sale of
1649	controlled substances, only if the offense was a felony.
1650	t. Section 825.102, relating to abuse, aggravated abuse,
1651	or neglect of an elderly person or disabled adult.
1652	u. Section 825.1025, relating to lewd or lascivious
1653	offenses committed upon or in the presence of an elderly person
1654	or disabled person.
1655	v. Section 825.103, relating to exploitation of an elderly
1656	person or disabled adult, if the offense was a felony.
1657	w. Section 826.04, relating to incest.
1658	x. Section 827.03, relating to child abuse, aggravated
1659	child abuse, or neglect of a child.
1660	y. Section 827.04, relating to contributing to the
1661	delinquency or dependency of a child.
1662	z. Former s. 827.05, relating to negligent treatment of
1663	children.
1664	aa. Section 827.071, relating to sexual performance by a
1665	child.
1666	bb. Chapter 847, relating to obscenity.
1667	cc. Chapter 893, relating to drug abuse prevention and
1668	control, only if the offense was a felony or if any other person
1669	involved in the offense was a minor.
1670	2. Committed an act that constitutes domestic violence as
1671	defined in s. 741.28.
1672	(g) The department may grant to any applicant who would
1673	otherwise be denied certification or recertification under this
1674	subsection an exemption from that denial for:
1675	1. Felonies committed more than 3 years prior to the date
1676	of disqualification;
1677	2. Misdemeanors prohibited under any of the Florida
1678	Statutes cited in this subsection or under similar statutes of
1679	other jurisdictions;
1680	3. Offenses that were felonies when committed but are now
1681	misdemeanors;
1682	4. Findings of delinquency; or
1683	5. Commissions of acts of domestic violence as defined in
1684	s. 741.28.
1685	(h) For the department to grant an exemption to any
1686	applicant under this section, the applicant must demonstrate by
1687	clear and convincing evidence that the applicant should not be
1688	disqualified from certification or renewal of certification.
1689	Applicants seeking an exemption have the burden of setting forth
1690	sufficient evidence of rehabilitation, including, but not
1691	limited to, the circumstances surrounding the criminal incident
1692	for which an exemption is sought, the time period that has
1693	elapsed since the incident, the nature of the harm caused to the
1694	victim, and the history of the applicant since the incident, or
1695	any other evidence or circumstances indicating that the
1696	applicant will not present a danger if certification or renewal
1697	of certification is granted. To do so the applicant must request
1698	an exemption and submit the required information supporting that
1699	request at the time of application so that the department may
1700	make a determination in accordance with this section.
1701	(i) Denial of certification or renewal of certification
1702	under paragraph (f) may not be removed from, nor may an
1703	exemption be granted to, any applicant who is found guilty of,
1704	regardless of plea or adjudication, any felony covered by
1705	paragraph (f) solely by reason of any pardon, executive
1706	clemency, or restoration of civil rights.
1707	(j) If an applicant has undergone a criminal history check
1708	as a condition of employment or licensing under any Florida
1709	Statute within 2 years prior to application under this section,
1710	the applicant may submit a copy of the official Florida Criminal
1711	History Record or National Criminal History Record produced
1712	under that requirement in lieu of the fingerprint card required
1713	in paragraph (a) or paragraph (b). The department shall
1714	determine if the submission meets its requirements and, if not,
1715	the applicant shall be required to comply with the provisions of
1716	this subsection. The department is authorized to share criminal
1717	history information with local, state, and federal agencies for
1718	purposes of licensing or employment background checks.
1719	Section 35. Subsection (6) is added to section 401.2701,
1720	Florida Statutes, to read:
1721	401.2701 Emergency medical services training programs.--
1722	(6) Training programs approved by the department shall at
1723	initiation of an emergency medical technician or paramedic
1724	course advise students of the certification and regulatory
1725	requirements of this chapter, including, but not limited to, the
1726	criminal history screening requirement for initial and renewal
1727	certification under s. 401.27. The department shall prescribe,
1728	by rule, the required content of this component of the course.
1729	Section 36. Subsection (2) of section 401.2715, Florida
1730	Statutes, is amended to read:
1731	401.2715 Recertification training of emergency medical
1732	technicians and paramedics.--
1733	(2) Any individual, institution, school, corporation, or
1734	governmental entity may conduct emergency medical technician or
1735	paramedic recertification training upon application to the
1736	department and payment of a nonrefundable fee to be deposited
1737	into the Emergency Medical Services Trust Fund. Institutions
1738	conducting department-approved educational programs as provided
1739	in this chapter and licensed ambulance services are exempt from
1740	the application process and payment of fees. Upon application,
1741	the department shall recognize any entity in this state that has
1742	approval from the Continuing Education Coordinating Board for
1743	Emergency Medical Services for courses in cardiopulmonary
1744	resuscitation or advanced life support for equivalency.The
1745	department shall adopt rules for the application and payment of
1746	a fee not to exceed the actual cost of administering this
1747	approval process.
1748	Section 37. Section 401.272, Florida Statutes, is amended
1749	to read:
1750	401.272 Emergency medical services community health
1751	care.--
1752	(1)(a)The purpose of this section is to encourage more
1753	effective utilization of the skills of emergency medical
1754	technicians and paramedics by enabling them to perform, in
1755	partnership with local county health departments, specific
1756	additional health care tasks that are consistent with the public
1757	health and welfare.
1758	(b)(2)Notwithstanding any other provision of law to the
1759	contrary:
1760	1.(a)Paramedics or emergency medical technicians may
1761	perform health promotion and wellness activities and blood
1762	pressure screenings in a nonemergency environment, within the
1763	scope of their training, and under the direction of a medical
1764	director. As used in this subparagraphparagraph, the term
1765	"health promotion and wellness" means the provision of public
1766	health programs pertaining to the prevention of illness and
1767	injury.
1768	2.(b)Paramedics may administer immunizations in a
1769	nonemergency environment, within the scope of their training,
1770	and under the direction of a medical director. There must be a
1771	written agreement between the paramedic's medical director and
1772	the county health department located in each county in which the
1773	paramedic administers immunizations. This agreement must
1774	establish the protocols, policies, and procedures under which
1775	the paramedic must operate.
1776	(c)(3)Each medical director under whose direction a
1777	paramedic administers immunizations must verify and document
1778	that the paramedic has received sufficient training and
1779	experience to administer immunizations. The verification must be
1780	documented on forms developed by the department, and the
1781	completed forms must be maintained at the service location of
1782	the licensee and made available to the department upon request.
1783	(d)(4)The department may adopt and enforce all rules
1784	necessary to enforce the provisions relating to a paramedic's
1785	administration of immunizations and the performance of health
1786	promotion and wellness activities and blood pressure screenings
1787	by a paramedic or emergency medical technician in a nonemergency
1788	environment.
1789	(2) Notwithstanding any other provision of law to the
1790	contrary, paramedics may provide basic life support and advanced
1791	life support in a hospital emergency department. Such services
1792	provided by paramedics must be under the direction of the
1793	manager or nursing director of the emergency department. Where
1794	the management and provision of emergency medical services is
1795	contracted by the hospital, paramedics providing services in the
1796	emergency department must be employees of the medical group
1797	contracted to provide emergency medical services to the hospital
1798	and the services provided by paramedics must be under the direct
1799	supervision of a physician.
1800	Section 38. Subsection (4) of section 404.056, Florida
1801	Statutes, is amended to read:
1802	404.056 Environmental radiation standards and projects;
1803	certification of persons performing measurement or mitigation
1804	services; mandatory testing; notification on real estate
1805	documents; rules.--
1806	(4) MANDATORY TESTING.--All public and private school
1807	buildings or school sites housing students in kindergarten
1808	through grade 12; all state-owned, state-operated, state-
1809	regulated, or state-licensed 24-hour care facilities; and all
1810	state-licensed day care centers for children or minors which are
1811	located in counties designated within the Department of
1812	Community Affairs' Florida Radon Protection Map Categories as
1813	"Intermediate" or "Elevated Radon Potential" shall be measured
1814	to determine the level of indoor radon, using measurement
1815	procedures established by the department. Initial measurements
1816	Testing shall be performedcompleted within the first year of
1817	constructionin 20 percent of the habitable first floor spaces
1818	within any of the regulated buildings. Initial measurements
1819	shall be completed and reported to the department within 1by
1820	July 1 of the year after the datethe building is opened for
1821	occupancy or within 1 year after license approval for an entity
1822	residing in an existing building. Followup testing must be
1823	completed in 5 percent of the habitable first floor spaces
1824	within any of the regulated buildings after the building has
1825	been occupied for 5 years, and results must be reported to the
1826	department by the first dayJuly 1 of the 6th5thyear of
1827	occupancy. After radon measurements have been made twice,
1828	regulated buildings need not undergo further testing unless
1829	significant structural changes occur. No funds collected
1830	pursuant to s. 553.721 shall be used to carry out the provisions
1831	of this subsection.
1832	Section 39. Subsection (5) of section 409.814, Florida
1833	Statutes, is amended to read:
1834	409.814 Eligibility.--A child whose family income is equal
1835	to or below 200 percent of the federal poverty level is eligible
1836	for the Florida Kidcare program as provided in this section. In
1837	determining the eligibility of such a child, an assets test is
1838	not required. An applicant under 19 years of age who, based on a
1839	complete application, appears to be eligible for the Medicaid
1840	component of the Florida Kidcare program is presumed eligible
1841	for coverage under Medicaid, subject to federal rules. A child
1842	who has been deemed presumptively eligible for Medicaid shall
1843	not be enrolled in a managed care plan until the child's full
1844	eligibility determination for Medicaid has been completed. The
1845	Florida Healthy Kids Corporation may, subject to compliance with
1846	applicable requirements of the Agency for Health Care
1847	Administration and the Department of Children and Family
1848	Services, be designated as an entity to conduct presumptive
1849	eligibility determinations. An applicant under 19 years of age
1850	who, based on a complete application, appears to be eligible for
1851	the Medikids, Florida Healthy Kids, or Children's Medical
1852	Services network program component, who is screened as
1853	ineligible for Medicaid and prior to the monthly verification of
1854	the applicant's enrollment in Medicaid or of eligibility for
1855	coverage under the state employee health benefit plan, may be
1856	enrolled in and begin receiving coverage from the appropriate
1857	program component on the first day of the month following the
1858	receipt of a completed application. For enrollment in the
1859	Children's Medical Services network, a complete application
1860	includes the medical or behavioral health screening. If, after
1861	verification, an individual is determined to be ineligible for
1862	coverage, he or she must be disenrolled from the respective
1863	Title XXI-funded Kidcare program component.
1864	(5) A child whose family income is above 200 percent of
1865	the federal poverty level or a child who is excluded under the
1866	provisions of subsection (4) may participate in the Florida
1867	Healthy Kids program or the Medikids program,Kidcare program,
1868	excluding the Medicaid program, but issubject to the following
1869	provisions:
1870	(a) The family is not eligible for premium assistance
1871	payments and must pay the full cost of the premium, including
1872	any administrative costs.
1873	(b) The agency is authorized to place limits on enrollment
1874	in Medikids by these children in order to avoid adverse
1875	selection. The number of children participating in Medikids
1876	whose family income exceeds 200 percent of the federal poverty
1877	level must not exceed 10 percent of total enrollees in the
1878	Medikids program.
1879	(c) The board of directors of the Florida Healthy Kids
1880	Corporation is authorized to place limits on enrollment of these
1881	children in order to avoid adverse selection. In addition, the
1882	board is authorized to offer a reduced benefit package to these
1883	children in order to limit program costs for such families. The
1884	number of children participating in the Florida Healthy Kids
1885	program whose family income exceeds 200 percent of the federal
1886	poverty level must not exceed 10 percent of total enrollees in
1887	the Florida Healthy Kids program.
1888	(d) Children described in this subsection are not counted
1889	in the annual enrollment ceiling for the Florida Kidcare
1890	program.
1891	Section 40. Paragraph (d) of subsection (1) of section
1892	455.227, Florida Statutes, is amended to read:
1893	455.227 Grounds for discipline; penalties; enforcement.--
1894	(1) The following acts shall constitute grounds for which
1895	the disciplinary actions specified in subsection (2) may be
1896	taken:
1897	(d) Using a Class III or a Class IV laser device or
1898	product, as defined by federal regulations, without having
1899	complied with the rules adopted pursuant to s. 404.24(2)
1900	501.122(2)governing the registration of such devices.
1901	Section 41. Subsection (7) is added to section 456.017,
1902	Florida Statutes, to read:
1903	456.017 Examinations.--
1904	(7) The department may post examination scores
1905	electronically on the Internet in lieu of mailing the scores to
1906	each applicant. Such electronic posting of the examination
1907	scores meets the requirements of chapter 120 if the department
1908	also posts with the examination scores a notification of rights
1909	as set forth in chapter 120. The date of receipt for purposes of
1910	chapter 120 shall be the date the examination scores are posted
1911	electronically. The department shall also notify the examinee
1912	when scores are posted electronically of the availability of a
1913	postexamination review, if applicable.
1914	Section 42. Subsection (7) of section 456.025, Florida
1915	Statutes, is amended to read:
1916	456.025 Fees; receipts; disposition.--
1917	(7) Each board, or the department if there is no board,
1918	shall establish, by rule, a fee not to exceed $250 for anyone
1919	seeking approval to provide continuing education courses or
1920	programs and shall establish by rule a biennial renewal fee not
1921	to exceed $250 for the renewal of providership of such courses.
1922	The fees collected from continuing education providers shall be
1923	used for the purposes of reviewing course provider applications,
1924	monitoring the integrity of the courses provided, andcovering
1925	legal expenses incurred as a result of not granting or renewing
1926	a providership, and developing and maintaining an electronic
1927	continuing education tracking system. The department shall
1928	implement an electronic continuing education tracking system for
1929	each new biennial renewal cycle for which electronic renewals
1930	are implemented after the effective date of this act and shall
1931	integrate such system into the licensure and renewal system. All
1932	approved continuing education providers shall provide
1933	information on course attendance to the department necessary to
1934	implement the electronic tracking system. The department shall,
1935	by rule, specify the form and procedures by which the
1936	information is to be submitted.
1937	Section 43. Paragraph (b) of subsection (1) of section
1938	456.0375, Florida Statutes, is amended to read:
1939	456.0375 Registration of certain clinics; requirements;
1940	discipline; exemptions.--
1941	(1)
1942	(b) For purposes of this section, the term "clinic" does
1943	not include and the registration requirements herein do not
1944	apply to:
1945	1. Entities licensed or registered by the state pursuant
1946	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
1947	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1948	480, or chapter 484.
1949	2. Entities exempt from federal taxation under 26 U.S.C.
1950	s. 501(c)(3) and community college and university clinics.
1951	3. Sole proprietorships, group practices, partnerships, or
1952	corporations that provide health care services by licensed
1953	health care practitioners pursuant to chapters 457, 458, 459,
1954	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
1955	part III, part X, part XIII, or part XIV of chapter 468, or s.
1956	464.012, which are wholly owned by licensed health care
1957	practitioners or the licensed health care practitioner and the
1958	spouse, parent, or child of a licensed health care practitioner,
1959	so long as one of the owners who is a licensed health care
1960	practitioner is supervising the administrativeservices
1961	performed therein and is legally responsible for the entity's
1962	compliance with all federal and state laws. However, no health
1963	care practitioner may supervise the health care delivery
1964	services beyond the scope of the practitioner's license.
1965	Supervision of the administrative services for compliance with
1966	federal and state laws is different and distinct from
1967	supervision of the delivery of health care services. Health care
1968	delivery is the sole responsibility of the physician delivering
1969	health care services.
1970	4. Clinical facilities affiliated with an accredited
1971	medical school at which training is provided for medical
1972	students, residents, or fellows.
1973	Section 44. Paragraph (a) of subsection (4) of section
1974	456.039, Florida Statutes, is amended to read:
1975	456.039 Designated health care professionals; information
1976	required for licensure.--
1977	(4)(a) An applicant for initial licensure must submit a
1978	set of fingerprints to the Department of Health in accordance
1979	with s. 458.311, s. 458.3115, s. 458.3124, s. 458.313,s.
1980	459.0055, s. 460.406, or s. 461.006.
1981	Section 45. Subsection (1) of section 456.049, Florida
1982	Statutes, is amended to read:
1983	456.049 Health care practitioners; reports on professional
1984	liability claims and actions.--
1985	(1) Any practitioner of medicine licensed pursuant to the
1986	provisions of chapter 458, practitioner of osteopathic medicine
1987	licensed pursuant to the provisions of chapter 459, podiatric
1988	physician licensed pursuant to the provisions of chapter 461, or
1989	dentist licensed pursuant to the provisions of chapter 466 shall
1990	report to the department any claim or action for damages for
1991	personal injury alleged to have been caused by error, omission,
1992	or negligence in the performance of such licensee's professional
1993	services or based on a claimed performance of professional
1994	services without consent if the claim was not covered by an
1995	insurer required to report under s. 627.912 and the claim
1996	resulted in:
1997	(a) A final judgment of $50,000 or more, or of $25,000 or
1998	more for a dentist licensed pursuant to the provisions of
1999	chapter 466in any amount.
2000	(b) A settlement of $50,000 or more, or of $25,000 or more
2001	for a dentist licensed pursuant to the provisions of chapter 466
2002	in any amount.
2003	(c) A final disposition not resulting in payment on behalf
2004	of the licensee.
2005
2006	Reports shall be filed with the department no later than 60 days
2007	following the occurrence of any event listed in paragraph (a),
2008	paragraph (b), or paragraph (c).
2009	Section 46. Subsection (3) of section 456.063, Florida
2010	Statutes, is amended to read:
2011	456.063 Sexual misconduct; disqualification for license,
2012	certificate, or registration.--
2013	(3) Licensed health care practitioners shall report
2014	allegations of sexual misconduct to the department, regardless
2015	of the practice setting in which the alleged sexual misconduct
2016	occurred. Each board, or the department if there is no board,
2017	may adopt rules to implement the requirements for reporting
2018	allegations of sexual misconduct, including rules to determine
2019	the sufficiency of the allegations.
2020	Section 47. Paragraphs (d), (aa), and (bb) of subsection
2021	(1) and subsection (4) of section 456.072, Florida Statutes, are
2022	amended, paragraph (dd) is added to subsection (1), and
2023	subsection (7) is added to said section, to read:
2024	456.072 Grounds for discipline; penalties; enforcement.--
2025	(1) The following acts shall constitute grounds for which
2026	the disciplinary actions specified in subsection (2) may be
2027	taken:
2028	(d) Using a Class III or a Class IV laser device or
2029	product, as defined by federal regulations, without having
2030	complied with the rules adopted pursuant to s. 404.24(2)
2031	501.122(2)governing the registration of such devices.
2032	(aa) Performing or attempting to perform health care
2033	services on the wrong patient, a wrong-site procedure, a wrong
2034	procedure, or an unauthorized procedure or a procedure that is
2035	medically unnecessary or otherwise unrelated to the patient's
2036	diagnosis or medical condition. For the purposes of this
2037	paragraph, performing or attempting to perform health care
2038	services includes invasive actions taken in furtherance ofthe
2039	preparation of the patient, but does not include those
2040	preparations that are noninvasive.
2041	(bb) Leaving a foreign body in a patient, such as a
2042	sponge, clamp, forceps, surgical needle, or other paraphernalia
2043	commonly used in surgical, examination, or other diagnostic
2044	procedures, unless leaving the foreign body is medically
2045	indicated and documented in the patient record. For the purposes
2046	of this paragraph, it shall be legally presumed that retention
2047	of a foreign body is not in the best interest of the patient and
2048	is not within the standard of care of the profession, unless
2049	medically indicated and documented in the patient record
2050	regardless of the intent of the professional.
2051	(dd) Prescribing, administering, dispensing, or
2052	distributing a legend drug, including a controlled substance,
2053	when the practitioner knows or reasonably should know that the
2054	receiving patient has not established a valid professional
2055	relationship with the prescribing practitioner. A medical
2056	questionnaire completed by Internet, telephone, electronic
2057	transfer, or mail does not establish a valid professional
2058	relationship.
2059	(4) In anyaddition to any other discipline imposed
2060	through final order, or citation,entered on or after July 1,
2061	2001, that imposes a penalty or other form of discipline
2062	pursuant to this section or discipline imposed through final
2063	order, or citation, entered on or after July 1, 2001,for a
2064	violation of any practice act, the board, or the department when
2065	there is no board, shall assess costs related to the
2066	investigation and prosecution of the case, including costs
2067	associated with an attorney's time. The amount of costs to be
2068	assessed shall be determined by the board, or the department
2069	when there is no board, following its consideration of an
2070	affidavit of itemized costs and any written objections thereto.
2071	In any case where the board or the department imposesa fine or
2072	assessment of costs imposed by the board or departmentand the
2073	fine or assessmentis not paid within a reasonable time, such
2074	reasonable time to be prescribed in the rules of the board, or
2075	the department when there is no board, or in the order assessing
2076	such fines or costs, the department or the Department of Legal
2077	Affairs may contract for the collection of, or bring a civil
2078	action to recover, the fine or assessment.
2079	(7) In any formal administrative hearing conducted under
2080	s. 120.57(1), the department shall establish grounds for
2081	revocation or suspension of a license by clear and convincing
2082	evidence. Any other forms of discipline shall be established by
2083	the greater weight of the evidence.
2084	Section 48. Subsections (1) and (5) of section 456.073,
2085	Florida Statutes, are amended to read:
2086	456.073 Disciplinary proceedings.--Disciplinary
2087	proceedings for each board shall be within the jurisdiction of
2088	the department.
2089	(1) The department, for the boards under its jurisdiction,
2090	shall cause to be investigated any complaint that is filed
2091	before it if the complaint is in writing, signed by the
2092	complainant, and legally sufficient. A complaint is legally
2093	sufficient if it contains ultimate facts that show that a
2094	violation of this chapter, of any of the practice acts relating
2095	to the professions regulated by the department, or of any rule
2096	adopted by the department or a regulatory board in the
2097	department has occurred. In order to determine legal
2098	sufficiency, the department may require supporting information
2099	or documentation. The department may investigate, and the
2100	department or the appropriate board may take appropriate final
2101	action on, a complaint even though the original complainant
2102	withdraws it or otherwise indicates a desire not to cause the
2103	complaint to be investigated or prosecuted to completion. The
2104	department may investigate an anonymous complaint if the
2105	complaint is in writing and is legally sufficient, if the
2106	alleged violation of law or rules is substantial, and if the
2107	department has reason to believe, after preliminary inquiry,
2108	that the violations alleged in the complaint are true. The
2109	department may investigate a complaint made by a confidential
2110	informant if the complaint is legally sufficient, if the alleged
2111	violation of law or rule is substantial, and if the department
2112	has reason to believe, after preliminary inquiry, that the
2113	allegations of the complainant are true. The department may
2114	initiate an investigation if it has reasonable cause to believe
2115	that a licensee or a group of licensees has violated a Florida
2116	statute, a rule of the department, or a rule of a board. Except
2117	as provided in ss. 458.331(9), 459.015(9), 460.413(5), and
2118	461.013(6),When an investigation of any subject is undertaken,
2119	the department shall promptly furnish to the subject or the
2120	subject's attorney a copy of the complaint or document that
2121	resulted in the initiation of the investigation. The subject may
2122	submit a written response to the information contained in such
2123	complaint or document within 3020days after service to the
2124	subject of the complaint or document. The subject's written
2125	response shall be considered by the probable cause panel. The
2126	right to respond does not prohibit the issuance of a summary
2127	emergency order if necessary to protect the public. However, if
2128	the secretary, or the secretary's designee, and the chair of the
2129	respective board or the chair of its probable cause panel agree
2130	in writing that such notification would be detrimental to the
2131	investigation, the department may withhold notification. The
2132	department may conduct an investigation without notification to
2133	any subject if the act under investigation is a criminal
2134	offense.
2135	(5)(a)A formal hearing before an administrative law judge
2136	from the Division of Administrative Hearings shall be requested
2137	heldpursuant to chapter 120 if there are any disputed issues of
2138	material fact raised within 45 days after service of the
2139	administrative complaint. The administrative law judge shall
2140	issue a recommended order pursuant to chapter 120. If any party
2141	raises an issue of disputed fact during an informal hearing, the
2142	hearing shall be terminated and a formal hearing pursuant to
2143	chapter 120 shall be held.
2144	(b) Notwithstanding s. 120.569(2), the department shall
2145	notify the division within 45 days after receipt of a petition
2146	or request for a hearing which the department has determined
2147	requires a formal hearing before an administrative law judge.
2148	(c) The division shall maintain time records for each case
2149	it receives. The division shall charge its expenses to the
2150	Medical Quality Assurance Trust Fund based on an hourly rate set
2151	forth in this paragraph. The costs charged shall include actual
2152	travel and copying expenses plus a $100 hourly fee for the
2153	actual time spent on the case by the administrative law judge or
2154	hearing officer. There shall be a one-time filing fee per case
2155	of $50. There shall be no charge for hearings canceled more than
2156	21 days in advance. Hearings canceled between 3 and 21 days in
2157	advance shall be billed for actual expenses incurred. For any
2158	formal hearing canceled less than 72 hours before the start of
2159	the hearing, actual expenses incurred and a cancellation fee of
2160	$250 shall be billed.
2161	Section 49. Section 456.077, Florida Statutes, is amended
2162	to read:
2163	456.077 Authority to issue citations.--
2164	(1) Notwithstanding s. 456.073, the board, or the
2165	department if there is no board, shall adopt rules to permit the
2166	issuance of citations. The citation shall be issued to the
2167	subject and shall contain the subject's name and address, the
2168	subject's license number if applicable, a brief factual
2169	statement, the sections of the law allegedly violated, and the
2170	penalty imposed. The citation must clearly state that the
2171	subject may choose, in lieu of accepting the citation, to follow
2172	the procedure under s. 456.073. If the subject disputes the
2173	matter in the citation, the procedures set forth in s. 456.073
2174	must be followed. However, if the subject does not dispute the
2175	matter in the citation with the department within 30 days after
2176	the citation is served, the citation becomes a publicfinal
2177	order and does not constituteconstitutes discipline for a first
2178	offense. The penalty shall be a fine or other conditions as
2179	established by rule.
2180	(2) The board, or the department if there is no board,
2181	shall adopt rules designating violations for which a citation
2182	may be issued. Such rules shall designate as citation violations
2183	those violations for which there is no substantial threat to the
2184	public health, safety, and welfare. Violations for which a
2185	citation may be issued shall include violations of continuing
2186	education requirements; failure to timely pay required fees and
2187	fines; failure to comply with the requirements of ss. 381.026
2188	and 381.0261 regarding the dissemination of information
2189	regarding patient rights; failure to comply with advertising
2190	requirements; failure to timely update practitioner profile and
2191	credentialing files; failure to display signs, licenses, and
2192	permits; failure to have required reference books available; and
2193	all other violations that do not pose a direct and serious
2194	threat to the health and safety of the patient.
2195	(3) The department shall be entitled to recover the costs
2196	of investigation, in addition to any penalty provided according
2197	to board or department rule, as part of the penalty levied
2198	pursuant to the citation.
2199	(4) A citation must be issued within 6 months after the
2200	filing of the complaint that is the basis for the citation.
2201	(4)(5)Service of a citation may be made by personal
2202	service or certified mail, restricted delivery, to the subject
2203	at the subject's last known address.
2204	(5)(6)A board has 6 months in which to enact rules
2205	designating violations and penalties appropriate for citation
2206	offenses. Failure to enact such rules gives the department
2207	exclusive authority to adopt rules as required for implementing
2208	this section. A board has continuous authority to amend its
2209	rules adopted pursuant to this section.
2210	Section 50. Section 456.078, Florida Statutes, is amended
2211	to read:
2212	456.078 Mediation.--
2213	(1) Notwithstanding the provisions of s. 456.073, the
2214	board, or the department when there is no board, shall adopt
2215	rules to designate which violations of the applicable
2216	professional practice act are appropriate for mediation. The
2217	board, or the department when there is no board, shallmay
2218	designate as mediation offenses those complaints where harm
2219	caused by the licensee is economic in nature, except complaints
2220	involving fraud,or can be remedied by the licensee, or does not
2221	result in an adverse incident. For the purposes of this section,
2222	an adverse incident is defined as an event that results in:
2223	(a) The death of a patient;
2224	(b) Brain or spinal damage to a patient;
2225	(c) The performance of a surgical procedure on the wrong
2226	patient;
2227	(d) The performance of a wrong-site surgical procedure;
2228	(e) The performance of a wrong surgical procedure;
2229	(f) The performance of a surgical procedure that is
2230	medically unnecessary or otherwise unrelated to the patient's
2231	diagnosis or medical condition;
2232	(g) The surgical repair of damage resulting to a patient
2233	from a planned surgical procedure, where the damage is not a
2234	recognized specific risk, as disclosed to the patient and
2235	documented through the informed-consent process; or
2236	(h) The performance of procedures to remove unplanned
2237	foreign objects remaining from a surgical procedure.
2238	(2) After the department determines a complaint is legally
2239	sufficient and the alleged violations are defined as mediation
2240	offenses, the department or any agent of the department may
2241	conduct informal mediation to resolve the complaint. If the
2242	complainant and the subject of the complaint agree to a
2243	resolution of a complaint within 14 days after contact by the
2244	mediator, the mediator shall notify the department of the terms
2245	of the resolution. The department or board shall take no further
2246	action unless the complainant and the subject each fail to
2247	record with the department an acknowledgment of satisfaction of
2248	the terms of mediation within 60 days of the mediator's
2249	notification to the department. A successful mediation shall
2250	include a statement of whether or not the resolution constitutes
2251	discipline. However,in the event the complainant and subject
2252	fail to reach settlement terms or to record the required
2253	acknowledgment, the department shall process the complaint
2254	according to the provisions of s. 456.073.
2255	(3) Conduct or statements made during mediation are
2256	inadmissible in any proceeding pursuant to s. 456.073. Further,
2257	any information relating to the mediation of a case shall be
2258	subject to the confidentiality provisions of s. 456.073.
2259	(4) Any licensee who completes a successful mediation
2260	shall pay the department's administrative costs for the
2261	mediation. No licensee shall go through the mediation process
2262	more than once if the allegation relates to the breach of the
2263	standard of care for that health care professional. In any
2264	event,no licensee shall go through the mediation process more
2265	than three times without approval of the department. The
2266	department may consider the subject and dates of the earlier
2267	complaints in rendering its decision. Such decision shall not be
2268	considered a final agency action for purposes of chapter 120.
2269	(5) A board has 6 months in which to adopt rules
2270	designating violations appropriate for mediation. Failure to
2271	adopt such rules gives the department exclusive authority to
2272	adopt rules as required for implementing this sectionAny board
2273	created on or after January 1, 1995, shall have 6 months to
2274	adopt rules designating which violations are appropriate for
2275	mediation, after which time the department shall have exclusive
2276	authority to adopt rules pursuant to this section. A board shall
2277	have continuing authority to amend its rules adopted pursuant to
2278	this section.
2279	Section 51. Section 458.303, Florida Statutes, is amended
2280	to read:
2281	458.303 Provisions not applicable to other practitioners;
2282	exceptions, etc.--
2283	(1) The provisions of ss. 458.301, 458.303, 458.305,
2284	458.307, 458.309, 458.311, 458.313, 458.315, 458.317,458.319,
2285	458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
2286	458.343, 458.345, and 458.347 shall have no application to:
2287	(a) Other duly licensed health care practitioners acting
2288	within their scope of practice authorized by statute.
2289	(b) Any physician lawfully licensed in another state or
2290	territory or foreign country, when meeting duly licensed
2291	physicians of this state in consultation.
2292	(c) Commissioned medical officers of the Armed Forces of
2293	the United States and of the Public Health Service of the United
2294	States while on active duty and while acting within the scope of
2295	their military or public health responsibilities.
2296	(d) Any person while actually serving without salary or
2297	professional fees on the resident medical staff of a hospital in
2298	this state, subject to the provisions of s. 458.321.
2299	(e) Any person furnishing medical assistance in case of an
2300	emergency.
2301	(f) The domestic administration of recognized family
2302	remedies.
2303	(g) The practice of the religious tenets of any church in
2304	this state.
2305	(h) Any person or manufacturer who, without the use of
2306	drugs or medicine, mechanically fits or sells lenses, artificial
2307	eyes or limbs, or other apparatus or appliances or is engaged in
2308	the mechanical examination of eyes for the purpose of
2309	constructing or adjusting spectacles, eyeglasses, or lenses.
2310	(2) Nothing in s. 458.301, s. 458.303, s. 458.305, s.
2311	458.307, s. 458.309, s. 458.311, s. 458.313,s. 458.319, s.
2312	458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
2313	458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall
2314	be construed to prohibit any service rendered by a registered
2315	nurse or a licensed practical nurse, if such service is rendered
2316	under the direct supervision and control of a licensed physician
2317	who provides specific direction for any service to be performed
2318	and gives final approval to all services performed. Further,
2319	nothing in this or any other chapter shall be construed to
2320	prohibit any service rendered by a medical assistant in
2321	accordance with the provisions of s. 458.3485.
2322	Section 52. Section 458.311, Florida Statutes, is amended
2323	to read:
2324	(Substantial rewording of section. See
2325	s. 458.311, F.S., for present text.)
2326	458.311 Licensure; requirements; fees.--
2327	(1) Any person desiring to be licensed as a physician
2328	shall apply to the department on forms furnished by the
2329	department. The department shall license each applicant who the
2330	board certifies has met the provisions of this section.
2331	(2) Each applicant must demonstrate compliance with the
2332	following:
2333	(a) Has completed the application form and remitted a
2334	nonrefundable application fee not to exceed $500.
2335	(b) Is at least 21 years of age.
2336	(c) Is of good moral character.
2337	(d) Has not committed any act or offense in this or any
2338	other jurisdiction which would constitute the basis for
2339	disciplining a physician pursuant to s. 458.331.
2340	(e) Has submitted to the department a set of fingerprints
2341	on a form and under procedures specified by the department,
2342	along with a payment in an amount equal to the costs incurred by
2343	the department for the criminal history check of the applicant.
2344	(f) Has caused to be submitted to the department core
2345	credentials verified by the Federation Credentials Verification
2346	Service of the Federation of State Medical Boards.
2347	(g) For an applicant holding a valid active license in
2348	another state, has submitted evidence of the active licensed
2349	practice of medicine in another jurisdiction for at least 2 of
2350	the immediately preceding 4 years or evidence of successful
2351	completion of either a board-approved postgraduate training
2352	program within 2 years preceding filing of an application or a
2353	board-approved clinical competency examination within the year
2354	preceding the filing of an application for licensure. For
2355	purposes of this paragraph, the term "active licensed practice
2356	of medicine" means that practice of medicine by physicians,
2357	including those employed by any governmental entity in community
2358	or public health, as defined by this chapter, those designated
2359	as medical directors under s. 641.495(11) who are practicing
2360	medicine, and those on the active teaching faculty of an
2361	accredited medical school. If the applicant fails to meet the
2362	requirements of this paragraph, the board may impose conditions
2363	on the license, including, but not limited to, supervision of
2364	practice.
2365	(3) Each applicant must demonstrate that he or she has
2366	complied with one of the following:
2367	(a) Is a graduate of an allopathic medical school or
2368	allopathic college recognized and approved by an accrediting
2369	agency recognized by the United States Department of Education
2370	or is a graduate of an allopathic medical school or allopathic
2371	college within a territorial jurisdiction of the United States
2372	recognized by the accrediting agency of the governmental body of
2373	that jurisdiction; or
2374	(b) Is a graduate of an allopathic international medical
2375	school registered with the World Health Organization and has had
2376	his or her medical credentials evaluated by the Educational
2377	Commission for Foreign Medical Graduates, holds an active, valid
2378	certificate issued by that commission, and has passed the
2379	examination utilized by that commission. However, a graduate of
2380	an international medical school need not present the certificate
2381	issued by the Educational Commission for Foreign Medical
2382	Graduates or pass the examination utilized by that commission if
2383	the graduate has:
2384	1. Received a bachelor's degree from an accredited United
2385	States college or university.
2386	2. Studied at a medical school which is recognized by the
2387	World Health Organization.
2388	3. Completed all of the formal requirements of the
2389	international medical school, except the internship or social
2390	service requirements, and passed part I of the National Board of
2391	Medical Examiners examination or the Educational Commission for
2392	Foreign Medical Graduates examination equivalent.
2393	4. Completed an academic year of supervised clinical
2394	training in a hospital affiliated with a medical school approved
2395	by the Council on Medical Education of the American Medical
2396	Association and, upon completion, passed part II of the National
2397	Board of Medical Examiners examination or the Educational
2398	Commission for Foreign Medical Graduates examination equivalent.
2399	(4) Each applicant must demonstrate that he or she has
2400	completed an Accreditation Council for Graduate Medical
2401	Education (ACGME) approved residency, as defined by board rule,
2402	of at least 2 years, or a fellowship of at least 2 years in one
2403	specialty area which is counted toward regular or subspecialty
2404	certification by a board recognized and certified by the
2405	American Board of Medical Specialties. However, applicants who
2406	meet the requirements of paragraph (3)(a) who completed their
2407	training prior to October 1, 2003, must demonstrate completion
2408	of at least 1 year of an approved residency.
2409	(5)(a) Each applicant must demonstrate that he or she has
2410	complied with one of the following examination requirements:
2411	1. Prior to January 1, 2000, has obtained a passing score,
2412	as established by rule of the board, on the licensure
2413	examination of the National Board of Medical Examiners (NBME),
2414	the licensure examination of the Federation of State Medical
2415	Boards of the United States, Inc. (FLEX), the United States
2416	Medical Licensing Examination (USMLE), or a combination thereof;
2417	2. On or after January 1, 2000, has obtained a passing
2418	score on all three steps of the United States Medical Licensing
2419	Examination (USMLE); or
2420	3. Has obtained a passing score on a state board
2421	examination or the Canadian licensing examination (LLMCC) if the
2422	applicant has a current active license in at least one other
2423	jurisdiction of the United States or Canada and has practiced
2424	pursuant to such licensure continuously for the immediately
2425	preceeding 10 years without encumbrance on the license.
2426	(b) As prescribed by board rule, the board may require an
2427	applicant who does not pass any step of the national licensing
2428	examination after five attempts to complete additional remedial
2429	education or training.
2430	(c) As prescribed by board rule, the board may require an
2431	applicant who does not pass all steps of the United States
2432	Medical Licensing Examination (USMLE) within 7 years to complete
2433	additional remedial education or training or to retake the step
2434	of the examination which the applicant passed first.
2435	(6) The department and the board shall ensure that
2436	applicants for licensure meet the criteria of this section
2437	through an investigative process.
2438	(7) The board may not certify to the department for
2439	licensure any applicant who is under investigation in another
2440	jurisdiction for an offense which would constitute a violation
2441	of this chapter until such investigation is completed. Upon
2442	completion of the investigation, the provisions of s. 458.331
2443	shall apply. Furthermore, the department may not issue an
2444	unrestricted license to any individual who has committed any act
2445	or offense in any jurisdiction which would constitute the basis
2446	for disciplining a physician pursuant to s. 458.331. When the
2447	board finds that an individual has committed an act or offense
2448	in any jurisdiction which would constitute the basis for
2449	disciplining a physician pursuant to s. 458.331, the board may
2450	enter an order imposing one or more of the terms set forth in s.
2451	456.072(2).
2452	(8) The board may adopt rules pursuant to ss. 120.536(1)
2453	and 120.54 necessary to carry out the provisions of this
2454	section, which shall be applied on a uniform and consistent
2455	basis.
2456	(9) When the board determines that any applicant for
2457	licensure has failed to meet, to the board's satisfaction, each
2458	of the appropriate requirements set forth in this section, it
2459	may enter an order requiring one or more of the following terms:
2460	(a) Refusal to certify to the department an application
2461	for licensure, certification, or registration;
2462	(b) Certification to the department of an application for
2463	licensure, certification, or registration with restrictions on
2464	the scope of practice of the licensee; or
2465	(c) Certification to the department of an application for
2466	licensure, certification, or registration with placement of the
2467	physician on probation for a period of time and subject to such
2468	conditions as the board may specify, including, but not limited
2469	to, requiring the physician to submit to treatment, attend
2470	continuing education courses, submit to reexamination, or work
2471	under the supervision of another physician.
2472	Section 53. Subsection (5) of section 458.3124, Florida
2473	Statutes, is amended to read:
2474	458.3124 Restricted license; certain experienced foreign-
2475	trained physicians.--
2476	(5) Notwithstanding s. 458.311(3) and (4)(1)(f), a person
2477	who successfully meets the requirements of this section and who
2478	successfully passes Step III of the United States Medical
2479	Licensing Examination is eligible for full licensure as a
2480	physician.
2481	Section 54. Section 458.315, Florida Statutes, is amended
2482	to read:
2483	(Substantial rewording of section. See
2484	s. 458.315, F.S., for present text.)
2485	458.315 Limited licenses.--
2486	(1) Any person desiring to obtain a limited license shall
2487	apply to the department on forms furnished by the department.
2488	The department shall license each applicant who the board
2489	certifies:
2490	(a) Has submitted to the department, with an application
2491	and fee not to exceed $300, a statement stating that he or she
2492	has been licensed to practice medicine in any jurisdiction or
2493	territory of the United States or Canada for at least 2 years
2494	and intends to practice only pursuant to the restrictions of a
2495	limited license granted pursuant to this section. However, if
2496	the physician will only use the limited license for
2497	noncompensated practice, and submits a statement from the
2498	employing agency or institution stating that he or she will not
2499	receive compensation for any service involving the practice of
2500	medicine, the application fee and all licensure fees shall be
2501	waived.
2502	(b) Has submitted evidence of the active licensed practice
2503	of medicine in any jurisdiction or territory of the United
2504	States or Canada for at least 2 of the immediately preceding 4
2505	years. For purposes of this paragraph, the term "active licensed
2506	practice of medicine" means that practice of medicine by
2507	physicians, including those employed by any government entity in
2508	community or public health, as defined by this chapter, those
2509	designated as medical directors under s. 641.495(11) who are
2510	practicing medicine, and those on the active teaching faculty of
2511	an accredited medical school. If it has been more than 3 years
2512	since active practice was conducted by the applicant, a licensed
2513	physician approved by the board shall supervise the applicant
2514	for a period of 6 months after he or she is granted a limited
2515	license for practice, unless the board determines that a shorter
2516	period of supervision will be sufficient to ensure that the
2517	applicant is qualified for licensure. Procedures for such
2518	supervision shall be established by the board.
2519	(c) Has submitted to the department a set of fingerprints
2520	on a form and under procedures by the department for the
2521	criminal history check of the applicant.
2522	(d) Has not committed any act or offense in this or any
2523	other jurisdiction which would constitute the basis for
2524	disciplining a physician pursuant to s. 458.331.
2525	(2) After approval of an application under this section, a
2526	limited license may not be issued until the applicant provides
2527	to the board an affidavit that there have been no substantial
2528	changes in his or her status since initial application.
2529	(3) The recipient of a limited license used for
2530	noncompensated practice shall only practice in the employ of
2531	programs or facilities that provide uncompensated health care
2532	services by volunteer licensed health care professionals to low-
2533	income persons whose family income does not exceed 120 percent
2534	of the federal poverty level or to uninsured persons. These
2535	facilities shall include, but not be limited to, the department,
2536	community and migrant health centers funded under s. 330 of the
2537	Public Health Service Act, and volunteer health care provider
2538	programs contracted with the department to provide uncompensated
2539	care under the provisions of s. 766.1115.
2540	(4) The recipient of a limited license used for
2541	compensated practice shall only practice in the employ of
2542	certain programs and facilities that provide health care
2543	services and are located within federally designated primary
2544	care health professional shortage areas, unless otherwise
2545	approved by the Secretary of Health. These programs and
2546	facilities shall include, but not be limited to, the department,
2547	the Department of Corrections, county or municipal correctional
2548	facilities, the Department of Juvenile Justice, the Department
2549	of Children and Family Services, and those programs and
2550	facilities funded under s. 330 of the Public Health Service Act.
2551	(5) The recipient of a limited license shall, within 30
2552	days after accepting employment, notify the board of all
2553	approved institutions in which the licensee practices and all
2554	approved institutions in which the licensee's practice
2555	privileges have been denied. Evidence of noncompensated
2556	employment shall be required for the fee waiver under paragraph
2557	(1)(a).
2558	(6) Upon renewal, a limited licenseholder shall, in
2559	addition to complying with other applicable provisions of this
2560	chapter, document compliance with the restrictions prescribed in
2561	this section.
2562	(7) Any person holding an active or inactive license to
2563	practice medicine in the state may convert that license to a
2564	limited license for the purpose of providing volunteer,
2565	uncompensated care for low-income Floridians. The licensee must
2566	submit a statement from the employing agency or institution
2567	stating that he or she will not receive compensation for any
2568	service involving the practice of medicine. All licensure fees,
2569	including neurological injury compensation assessments, shall be
2570	waived.
2571	(8) Nothing in this section limits in any way any policy
2572	by the board otherwise authorized by law to grant licenses to
2573	physicians duly licensed in other states under conditions less
2574	restrictive than the requirements of this section.
2575	Notwithstanding any other provision of this section, the board
2576	may refuse to authorize a physician otherwise qualified to
2577	practice in the employ of any agency or institution otherwise
2578	qualified if the agency or institution has caused or permitted
2579	violations of the provisions of this chapter which it knew or
2580	should have known were occurring.
2581	Section 55. Subsection (4) of section 458.319, Florida
2582	Statutes, is amended to read:
2583	458.319 Renewal of license.--
2584	(4) Notwithstanding the provisions of s. 456.033,A
2585	physician may complete continuing education on end-of-life care
2586	and palliative care in lieu of continuing education in AIDS/HIV,
2587	if that physician has completed the AIDS/HIV continuing
2588	education in the immediately preceding biennium.
2589	Section 56. Paragraph (c) of subsection (5) of section
2590	458.320, Florida Statutes, is amended to read:
2591	458.320 Financial responsibility.--
2592	(5) The requirements of subsections (1), (2), and (3)
2593	shall not apply to:
2594	(c) Any person holding a limited license pursuant to s.
2595	458.315458.317and practicing under the scope of such limited
2596	license.
2597	Section 57. Section 458.3215, Florida Statutes, is created
2598	to read:
2599	458.3215 Reactivation of license for clinical research
2600	purposes.--
2601	(1) Any person who left the practice of medicine for
2602	purposes of retirement and who, at the time of retirement, was
2603	in good standing with the board may apply to the board to have
2604	his or her license reactivated, without examination, for
2605	purposes of seeing patients solely in a clinical research
2606	setting. Such person may not have been out of the practice of
2607	medicine for more than 10 years at the time of applying for
2608	reactivation of a license under this section.
2609	(2) The board shall by rule set the reactivation fee, not
2610	to exceed $300, and develop criteria for reactivation of a
2611	license under this section, including appropriate continuing
2612	education requirements, not to exceed those prescribed in s.
2613	458.321 for reactivation of a license.
2614	Section 58. Paragraph (t) of subsection (1) and
2615	subsections (6) and (9) of section 458.331, Florida Statutes,
2616	are amended to read:
2617	458.331 Grounds for disciplinary action; action by the
2618	board and department.--
2619	(1) The following acts constitute grounds for denial of a
2620	license or disciplinary action, as specified in s. 456.072(2):
2621	(t) Gross or repeated malpractice or the failure to
2622	practice medicine with that level of care, skill, and treatment
2623	which is recognized by a reasonably prudent similar physician as
2624	being acceptable under similar conditions and circumstances. The
2625	board shall give great weight to the provisions of s. 766.102
2626	when enforcing this paragraph. As used in this paragraph,
2627	"repeated malpractice" includes, but is not limited to, three or
2628	more claims for medical malpractice within the previous 5-year
2629	period resulting in indemnities being paid in excess of $50,000
2630	$25,000each to the claimant in a judgment or settlement and
2631	which incidents involved negligent conduct by the physician. As
2632	used in this paragraph, "gross malpractice" or "the failure to
2633	practice medicine with that level of care, skill, and treatment
2634	which is recognized by a reasonably prudent similar physician as
2635	being acceptable under similar conditions and circumstances,"
2636	shall not be construed so as to require more than one instance,
2637	event, or act. Nothing in this paragraph shall be construed to
2638	require that a physician be incompetent to practice medicine in
2639	order to be disciplined pursuant to this paragraph.
2640	(6) Upon the department's receipt from an insurer or self-
2641	insurer of a report of a closed claim against a physician
2642	pursuant to s. 627.912 or from a health care practitioner of a
2643	report pursuant to s. 456.049, or upon the receipt from a
2644	claimant of a presuit notice against a physician pursuant to s.
2645	766.106, the department shall review each report and determine
2646	whether it potentially involved conduct by a licensee that is
2647	subject to disciplinary action, in which case the provisions of
2648	s. 456.073 shall apply. However, if it is reported that a
2649	physician has had three or more claims with indemnities
2650	exceeding $50,000$25,000each within the previous 5-year
2651	period, the department shall investigate the occurrences upon
2652	which the claims were based and determine if action by the
2653	department against the physician is warranted.
2654	(9) When an investigation of a physician is undertaken,
2655	the department shall promptly furnish to the physician or the
2656	physician's attorney a copy of the complaint or document which
2657	resulted in the initiation of the investigation. For purposes of
2658	this subsection, such documents include, but are not limited to:
2659	the pertinent portions of an annual report submitted to the
2660	department pursuant to s. 395.0197(6); a report of an adverse
2661	incident which is provided to the department pursuant to s.
2662	395.0197; a report of peer review disciplinary action submitted
2663	to the department pursuant to s. 395.0193(4) or s. 458.337,
2664	providing that the investigations, proceedings, and records
2665	relating to such peer review disciplinary action shall continue
2666	to retain their privileged status even as to the licensee who is
2667	the subject of the investigation, as provided by ss. 395.0193(8)
2668	and 458.337(3); a report of a closed claim submitted pursuant to
2669	s. 627.912; a presuit notice submitted pursuant to s.
2670	766.106(2); and a petition brought under the Florida Birth-
2671	Related Neurological Injury Compensation Plan, pursuant to s.
2672	766.305(2). The physician may submit a written response to the
2673	information contained in the complaint or document which
2674	resulted in the initiation of the investigation within 3045
2675	days after service to the physician of the complaint or
2676	document. The physician's written response shall be considered
2677	by the probable cause panel.
2678	Section 59. Paragraph (c) of subsection (1) of section
2679	458.345, Florida Statutes, is amended to read:
2680	458.345 Registration of resident physicians, interns, and
2681	fellows; list of hospital employees; prescribing of medicinal
2682	drugs; penalty.--
2683	(1) Any person desiring to practice as a resident
2684	physician, assistant resident physician, house physician,
2685	intern, or fellow in fellowship training which leads to
2686	subspecialty board certification in this state, or any person
2687	desiring to practice as a resident physician, assistant resident
2688	physician, house physician, intern, or fellow in fellowship
2689	training in a teaching hospital in this state as defined in s.
2690	408.07(44) or s. 395.805(2), who does not hold a valid, active
2691	license issued under this chapter shall apply to the department
2692	to be registered and shall remit a fee not to exceed $300 as set
2693	by the board. The department shall register any applicant the
2694	board certifies has met the following requirements:
2695	(c) Is a graduate of a medical school or college as
2696	specified in s. 458.311(3)(1)(f).
2697	Section 60. Paragraph (b) of subsection (7) of section
2698	458.347, Florida Statutes, is amended to read:
2699	458.347 Physician assistants.--
2700	(7) PHYSICIAN ASSISTANT LICENSURE.--
2701	(b)1. Notwithstanding subparagraph (a)2. and sub-
2702	subparagraph (a)3.a., the department shall examine each
2703	applicant who the Board of Medicine certifies:
2704	a. Has completed the application form and remitted a
2705	nonrefundable application fee not to exceed $500 and an
2706	examination fee not to exceed $300, plus the actual cost to the
2707	department to provide the examination. The examination fee is
2708	refundable if the applicant is found to be ineligible to take
2709	the examination. The department shall not require the applicant
2710	to pass a separate practical component of the examination. For
2711	examinations given after July 1, 1998, competencies measured
2712	through practical examinations shall be incorporated into the
2713	written examination through a multiple-choice format. The
2714	department shall translate the examination into the native
2715	language of any applicant who requests and agrees to pay all
2716	costs of such translation, provided that the translation request
2717	is filed with the board office no later than 9 months before the
2718	scheduled examination and the applicant remits translation fees
2719	as specified by the department no later than 6 months before the
2720	scheduled examination, and provided that the applicant
2721	demonstrates to the department the ability to communicate orally
2722	in basic English. If the applicant is unable to pay translation
2723	costs, the applicant may take the next available examination in
2724	English if the applicant submits a request in writing by the
2725	application deadline and if the applicant is otherwise eligible
2726	under this section. To demonstrate the ability to communicate
2727	orally in basic English, a passing score or grade is required,
2728	as determined by the department or organization that developed
2729	it, on the test for spoken English (TSE) by the Educational
2730	Testing Service (ETS), the test of English as a foreign language
2731	(TOEFL) by ETS, a high school or college level English course,
2732	or the English examination for citizenship, Immigration and
2733	Naturalization Service. A notarized copy of an Educational
2734	Commission for Foreign Medical Graduates (ECFMG) certificate may
2735	also be used to demonstrate the ability to communicate in basic
2736	English; and
2737	b.(I) Is an unlicensed physician who graduated from a
2738	foreign medical school listed with the World Health Organization
2739	who has not previously taken and failed the examination of the
2740	National Commission on Certification of Physician Assistants and
2741	who has been certified by the Board of Medicine as having met
2742	the requirements for licensure as a medical doctor by
2743	examination as set forth in s. 458.311(2)-(7)(1), (3), (4), and
2744	(5), with the exception that the applicant is not required to
2745	have completed an approved residency of at least 1 year and the
2746	applicant is not required to have passed the licensing
2747	examination specified under s. 458.311 or hold a valid, active
2748	certificate issued by the Educational Commission for Foreign
2749	Medical Graduates; was eligible and made initial application for
2750	certification as a physician assistant in this state between
2751	July 1, 1990, and June 30, 1991; and was a resident of this
2752	state on July 1, 1990, or was licensed or certified in any state
2753	in the United States as a physician assistant on July 1, 1990;
2754	or
2755	(II) Completed all coursework requirements of the Master
2756	of Medical Science Physician Assistant Program offered through
2757	the Florida College of Physician's Assistants prior to its
2758	closure in August of 1996. Prior to taking the examination, such
2759	applicant must successfully complete any clinical rotations that
2760	were not completed under such program prior to its termination
2761	and any additional clinical rotations with an appropriate
2762	physician assistant preceptor, not to exceed 6 months, that are
2763	determined necessary by the council. The boards shall determine,
2764	based on recommendations from the council, the facilities under
2765	which such incomplete or additional clinical rotations may be
2766	completed and shall also determine what constitutes successful
2767	completion thereof, provided such requirements are comparable to
2768	those established by accredited physician assistant programs.
2769	This sub-sub-subparagraph is repealed July 1, 2001.
2770	2. The department may grant temporary licensure to an
2771	applicant who meets the requirements of subparagraph 1. Between
2772	meetings of the council, the department may grant temporary
2773	licensure to practice based on the completion of all temporary
2774	licensure requirements. All such administratively issued
2775	licenses shall be reviewed and acted on at the next regular
2776	meeting of the council. A temporary license expires 30 days
2777	after receipt and notice of scores to the licenseholder from the
2778	first available examination specified in subparagraph 1.
2779	following licensure by the department. An applicant who fails
2780	the proficiency examination is no longer temporarily licensed,
2781	but may apply for a one-time extension of temporary licensure
2782	after reapplying for the next available examination. Extended
2783	licensure shall expire upon failure of the licenseholder to sit
2784	for the next available examination or upon receipt and notice of
2785	scores to the licenseholder from such examination.
2786	3. Notwithstanding any other provision of law, the
2787	examination specified pursuant to subparagraph 1. shall be
2788	administered by the department only five times. Applicants
2789	certified by the board for examination shall receive at least 6
2790	months' notice of eligibility prior to the administration of the
2791	initial examination. Subsequent examinations shall be
2792	administered at 1-year intervals following the reporting of the
2793	scores of the first and subsequent examinations. For the
2794	purposes of this paragraph, the department may develop, contract
2795	for the development of, purchase, or approve an examination that
2796	adequately measures an applicant's ability to practice with
2797	reasonable skill and safety. The minimum passing score on the
2798	examination shall be established by the department, with the
2799	advice of the board. Those applicants failing to pass that
2800	examination or any subsequent examination shall receive notice
2801	of the administration of the next examination with the notice of
2802	scores following such examination. Any applicant who passes the
2803	examination and meets the requirements of this section shall be
2804	licensed as a physician assistant with all rights defined
2805	thereby.
2806	Section 61. Subsection (5) of section 459.008, Florida
2807	Statutes, is amended to read:
2808	459.008 Renewal of licenses and certificates.--
2809	(5) Notwithstanding the provisions of s. 456.033,An
2810	osteopathic physician may complete continuing education on end-
2811	of-life and palliative care in lieu of continuing education in
2812	AIDS/HIV, if that physician has completed the AIDS/HIV
2813	continuing education in the immediately preceding biennium.
2814	Section 62. Section 459.0091, Florida Statutes, is created
2815	to read:
2816	459.0091 Reactivation of license for clinical research
2817	purposes.--
2818	(1) Any person who left the practice of osteopathic
2819	medicine for purposes of retirement and who, at the time of
2820	retirement, was in good standing with the board may apply to the
2821	board to have his or her license reactivated, without
2822	examination, for purposes of seeing patients solely in a
2823	clinical research setting. Such person may not have been out of
2824	the practice of medicine for more than 10 years at the time of
2825	applying for reactivation of a license under this section.
2826	(2) The board shall by rule set the reactivation fee, not
2827	to exceed $300, and develop criteria for reactivation of a
2828	license under this section, including appropriate continuing
2829	education requirements, not to exceed those prescribed in s.
2830	459.009 for reactivation of a license.
2831	Section 63. Paragraph (x) of subsection (1) and
2832	subsections (6) and (9) of section 459.015, Florida Statutes,
2833	are amended to read:
2834	459.015 Grounds for disciplinary action; action by the
2835	board and department.--
2836	(1) The following acts constitute grounds for denial of a
2837	license or disciplinary action, as specified in s. 456.072(2):
2838	(x) Gross or repeated malpractice or the failure to
2839	practice osteopathic medicine with that level of care, skill,
2840	and treatment which is recognized by a reasonably prudent
2841	similar osteopathic physician as being acceptable under similar
2842	conditions and circumstances. The board shall give great weight
2843	to the provisions of s. 766.102 when enforcing this paragraph.
2844	As used in this paragraph, "repeated malpractice" includes, but
2845	is not limited to, three or more claims for medical malpractice
2846	within the previous 5-year period resulting in indemnities being
2847	paid in excess of $50,000$25,000each to the claimant in a
2848	judgment or settlement and which incidents involved negligent
2849	conduct by the osteopathic physician. As used in this paragraph,
2850	"gross malpractice" or "the failure to practice osteopathic
2851	medicine with that level of care, skill, and treatment which is
2852	recognized by a reasonably prudent similar osteopathic physician
2853	as being acceptable under similar conditions and circumstances"
2854	shall not be construed so as to require more than one instance,
2855	event, or act. Nothing in this paragraph shall be construed to
2856	require that an osteopathic physician be incompetent to practice
2857	osteopathic medicine in order to be disciplined pursuant to this
2858	paragraph. A recommended order by an administrative law judge or
2859	a final order of the board finding a violation under this
2860	paragraph shall specify whether the licensee was found to have
2861	committed "gross malpractice," "repeated malpractice," or
2862	"failure to practice osteopathic medicine with that level of
2863	care, skill, and treatment which is recognized as being
2864	acceptable under similar conditions and circumstances," or any
2865	combination thereof, and any publication by the board shall so
2866	specify.
2867	(6) Upon the department's receipt from an insurer or self-
2868	insurer of a report of a closed claim against an osteopathic
2869	physician pursuant to s. 627.912 or from a health care
2870	practitioner of a report pursuant to s. 456.049, or upon the
2871	receipt from a claimant of a presuit notice against an
2872	osteopathic physician pursuant to s. 766.106, the department
2873	shall review each report and determine whether it potentially
2874	involved conduct by a licensee that is subject to disciplinary
2875	action, in which case the provisions of s. 456.073 shall apply.
2876	However, if it is reported that an osteopathic physician has had
2877	three or more claims with indemnities exceeding $50,000$25,000
2878	each within the previous 5-year period, the department shall
2879	investigate the occurrences upon which the claims were based and
2880	determine if action by the department against the osteopathic
2881	physician is warranted.
2882	(9) When an investigation of an osteopathic physician is
2883	undertaken, the department shall promptly furnish to the
2884	osteopathic physician or his or her attorney a copy of the
2885	complaint or document which resulted in the initiation of the
2886	investigation. For purposes of this subsection, such documents
2887	include, but are not limited to: the pertinent portions of an
2888	annual report submitted to the department pursuant to s.
2889	395.0197(6); a report of an adverse incident which is provided
2890	to the department pursuant to s. 395.0197; a report of peer
2891	review disciplinary action submitted to the department pursuant
2892	to s. 395.0193(4) or s. 459.016, provided that the
2893	investigations, proceedings, and records relating to such peer
2894	review disciplinary action shall continue to retain their
2895	privileged status even as to the licensee who is the subject of
2896	the investigation, as provided by ss. 395.0193(8) and
2897	459.016(3); a report of a closed claim submitted pursuant to s.
2898	627.912; a presuit notice submitted pursuant to s. 766.106(2);
2899	and a petition brought under the Florida Birth-Related
2900	Neurological Injury Compensation Plan, pursuant to s.
2901	766.305(2). The osteopathic physician may submit a written
2902	response to the information contained in the complaint or
2903	document which resulted in the initiation of the investigation
2904	within 3045days after service to the osteopathic physician of
2905	the complaint or document. The osteopathic physician's written
2906	response shall be considered by the probable cause panel.
2907	Section 64. Paragraph (d) of subsection (1) of section
2908	460.406, Florida Statutes, is amended to read:
2909	460.406 Licensure by examination.--
2910	(1) Any person desiring to be licensed as a chiropractic
2911	physician shall apply to the department to take the licensure
2912	examination. There shall be an application fee set by the board
2913	not to exceed $100 which shall be nonrefundable. There shall
2914	also be an examination fee not to exceed $500 plus the actual
2915	per applicant cost to the department for purchase of portions of
2916	the examination from the National Board of Chiropractic
2917	Examiners or a similar national organization, which may be
2918	refundable if the applicant is found ineligible to take the
2919	examination. The department shall examine each applicant who
2920	the board certifies has:
2921	(d)1. For an applicant who has matriculated in a
2922	chiropractic college prior to July 2, 1990, completed at least 2
2923	years of residence college work, consisting of a minimum of one-
2924	half the work acceptable for a bachelor's degree granted on the
2925	basis of a 4-year period of study, in a college or university
2926	accredited by an accrediting agency recognized and approved by
2927	the United States Department of Education. However, prior to
2928	being certified by the board to sit for the examination, each
2929	applicant who has matriculated in a chiropractic college after
2930	July 1, 1990, shall have been granted a bachelor's degree, based
2931	upon 4 academic years of study, by a college or university
2932	accredited by a regional accrediting agency which is a member of
2933	the Council for Higher Education Accreditation or the United
2934	States Department of EducationCommission on Recognition of
2935	Postsecondary Accreditation.
2936	2. Effective July 1, 2000, completed, prior to
2937	matriculation in a chiropractic college, at least 3 years of
2938	residence college work, consisting of a minimum of 90 semester
2939	hours leading to a bachelor's degree in a liberal arts college
2940	or university accredited by an accrediting agency recognized and
2941	approved by the United States Department of Education. However,
2942	prior to being certified by the board to sit for the
2943	examination, each applicant who has matriculated in a
2944	chiropractic college after July 1, 2000, shall have been granted
2945	a bachelor's degree from an institution holding accreditation
2946	for that degree from a regional accrediting agency which is
2947	recognized by the United States Department of Education. The
2948	applicant's chiropractic degree must consist of credits earned
2949	in the chiropractic program and may not include academic credit
2950	for courses from the bachelor's degree.
2951	Section 65. Subsection (5) of section 460.413, Florida
2952	Statutes, is amended to read:
2953	460.413 Grounds for disciplinary action; action by board
2954	or department.--
2955	(5) When an investigation of a chiropractic physician is
2956	undertaken, the department shall promptly furnish to the
2957	chiropractic physician or her or his attorney a copy of the
2958	complaint or document which resulted in the initiation of the
2959	investigation. The chiropractic physician may submit a written
2960	response to the information contained in such complaint or
2961	document within 3045days after service to the chiropractic
2962	physician of the complaint or document. The chiropractic
2963	physician's written response shall be considered by the probable
2964	cause panel.
2965	Section 66. Paragraph (s) of subsection (1), paragraph (a)
2966	of subsection (5), and subsection (6) of section 461.013,
2967	Florida Statutes, are amended to read:
2968	461.013 Grounds for disciplinary action; action by the
2969	board; investigations by department.--
2970	(1) The following acts constitute grounds for denial of a
2971	license or disciplinary action, as specified in s. 456.072(2):
2972	(s) Gross or repeated malpractice or the failure to
2973	practice podiatric medicine at a level of care, skill, and
2974	treatment which is recognized by a reasonably prudent podiatric
2975	physician as being acceptable under similar conditions and
2976	circumstances. The board shall give great weight to the
2977	standards for malpractice in s. 766.102 in interpreting this
2978	section. As used in this paragraph, "repeated malpractice"
2979	includes, but is not limited to, three or more claims for
2980	medical malpractice within the previous 5-year period resulting
2981	in indemnities being paid in excess of $50,000$10,000each to
2982	the claimant in a judgment or settlement and which incidents
2983	involved negligent conduct by the podiatric physicians. As used
2984	in this paragraph, "gross malpractice" or "the failure to
2985	practice podiatric medicine with the level of care, skill, and
2986	treatment which is recognized by a reasonably prudent similar
2987	podiatric physician as being acceptable under similar conditions
2988	and circumstances" shall not be construed so as to require more
2989	than one instance, event, or act.
2990	(5)(a) Upon the department's receipt from an insurer or
2991	self-insurer of a report of a closed claim against a podiatric
2992	physician pursuant to s. 627.912, or upon the receipt from a
2993	claimant of a presuit notice against a podiatric physician
2994	pursuant to s. 766.106, the department shall review each report
2995	and determine whether it potentially involved conduct by a
2996	licensee that is subject to disciplinary action, in which case
2997	the provisions of s. 456.073 shall apply. However, if it is
2998	reported that a podiatric physician has had three or more claims
2999	with indemnities exceeding $50,000$25,000each within the
3000	previous 5-year period, the department shall investigate the
3001	occurrences upon which the claims were based and determine if
3002	action by the department against the podiatric physician is
3003	warranted.
3004	(6) When an investigation of a podiatric physician is
3005	undertaken, the department shall promptly furnish to the
3006	podiatric physician or her or his attorney a copy of the
3007	complaint or document which resulted in the initiation of the
3008	investigation. The podiatric physician may submit a written
3009	response to the information contained in such complaint or
3010	document within 3045days after service to the podiatric
3011	physician of the complaint or document. The podiatric
3012	physician's written response shall be considered by the probable
3013	cause panel.
3014	Section 67. Paragraph (b) of subsection (1) of section
3015	463.006, Florida Statutes, is amended to read:
3016	463.006 Licensure and certification by examination.--
3017	(1) Any person desiring to be a licensed practitioner
3018	pursuant to this chapter shall apply to the department to take
3019	the licensure and certification examinations. The department
3020	shall examine each applicant who the board determines has:
3021	(b) Submitted proof satisfactory to the department that
3022	she or he:
3023	1. Is at least 18 years of age.
3024	2. Has graduated from an accredited school or college of
3025	optometry approved by rule of the board.
3026	3. Is of good moral character.
3027	4. Has successfully completed at least 110 hours of
3028	transcript-quality coursework and clinical training in general
3029	and ocular pharmacology as determined by the board, at an
3030	institution that:
3031	a. Has facilities for both didactic and clinical
3032	instructions in pharmacology.; and
3033	b. Is accredited by a regional or professional accrediting
3034	organization that is recognized and approved by the Council for
3035	Higher EducationCommission on Recognition of Postsecondary
3036	Accreditation or the United States Department of Education.
3037	5. Has completed at least 1 year of supervised experience
3038	in differential diagnosis of eye disease or disorders as part of
3039	the optometric training or in a clinical setting as part of the
3040	optometric experience.
3041	Section 68. Paragraph (a) of subsection (4) of section
3042	464.0205, Florida Statutes, is amended to read:
3043	464.0205 Retired volunteer nurse certificate.--
3044	(4) A retired volunteer nurse receiving certification from
3045	the board shall:
3046	(a) Work under the direct supervision of the director of a
3047	county health department, a physician working under a limited
3048	license issued pursuant to s. 458.315458.317or s. 459.0075, a
3049	physician licensed under chapter 458 or chapter 459, an advanced
3050	registered nurse practitioner certified under s. 464.012, or a
3051	registered nurse licensed under s. 464.008 or s. 464.009.
3052	Section 69. Subsections (1), (5), and (7) of section
3053	464.203, Florida Statutes, are amended, and subsection (8) is
3054	added to said section, to read:
3055	464.203 Certified nursing assistants; certification
3056	requirement.--
3057	(1) The board shall issue a certificate to practice as a
3058	certified nursing assistant to any person who demonstrates a
3059	minimum competency to read and write and successfully passes the
3060	required statewide criminal history check through the Department
3061	of Law Enforcement or, if the applicant has not maintained
3062	continuous residency within the state for the 5 years
3063	immediately preceding the date of application, a federal
3064	criminal history check through the Federal Bureau of
3065	InvestigationLevel I or Level II screening pursuant to s.
3066	400.215and meets one of the following requirements:
3067	(a) Has successfully completed an approved training
3068	program and achieved a minimum score, established by rule of the
3069	board, on the nursing assistant competency examination, which
3070	consists of a written portion and skills-demonstration portion
3071	approved by the board and administered at a site and by
3072	personnel approved by the department.
3073	(b) Has achieved a minimum score, established by rule of
3074	the board, on the nursing assistant competency examination,
3075	which consists of a written portion and skills-demonstration
3076	portion, approved by the board and administered at a site and by
3077	personnel approved by the department and:
3078	1. Has a high school diploma, or its equivalent; or
3079	2. Is at least 18 years of age.
3080	(c) Is currently certified in another state; is listed on
3081	that state's certified nursing assistant registry; and has not
3082	been found to have committed abuse, neglect, or exploitation in
3083	that state.
3084	(d) Has completed the curriculum developed under the
3085	Enterprise Florida Jobs and Education Partnership Grant and
3086	achieved a minimum score, established by rule of the board, on
3087	the nursing assistant competency examination, which consists of
3088	a written portion and skills-demonstration portion, approved by
3089	the board and administered at a site and by personnel approved
3090	by the department.
3091	(5) Certification as a nursing assistant, in accordance
3092	with this part, may be renewedcontinues in effectuntil such
3093	time as the nursing assistant allows a period of 24 consecutive
3094	months to pass during which period the nursing assistant fails
3095	to perform any nursing-related services for monetary
3096	compensation. When a nursing assistant fails to perform any
3097	nursing-related services for monetary compensation for a period
3098	of 24 consecutive months, the nursing assistant must complete a
3099	new training and competency evaluation program or a new
3100	competency evaluation program.
3101	(7) A certified nursing assistant shall complete 1218
3102	hours of inservice training during each calendar year. The
3103	certified nursing assistant shall be responsible for maintaining
3104	documentation demonstrating compliance with these provisions.
3105	The Council on Certified Nursing Assistants, in accordance with
3106	s. 464.2085(2)(b), shall propose rules to implement this
3107	subsection.
3108	(8) The department shall renew a certificate upon receipt
3109	of the renewal application and a fee not to exceed $50
3110	biennially. The department shall adopt rules establishing a
3111	procedure for the biennial renewal of certificates. Any
3112	certificate not renewed by July 1, 2005, shall be void.
3113	Section 70. Paragraph (b) of subsection (1) of section
3114	464.204, Florida Statutes, is amended to read:
3115	464.204 Denial, suspension, or revocation of
3116	certification; disciplinary actions.--
3117	(1) The following acts constitute grounds for which the
3118	board may impose disciplinary sanctions as specified in
3119	subsection (2):
3120	(b) Intentionally Violating any provision of parts I and
3121	II ofthis chapter, chapter 456, or the rules adopted by the
3122	board.
3123	Section 71. Paragraph (i) of subsection (1) of section
3124	465.016, Florida Statutes, is amended to read:
3125	465.016 Disciplinary actions.--
3126	(1) The following acts constitute grounds for denial of a
3127	license or disciplinary action, as specified in s. 456.072(2):
3128	(i) Compounding, dispensing, or distributing a legend
3129	drug, including any controlled substance, other than in the
3130	course of the professional practice of pharmacy. For purposes of
3131	this paragraph, it shall be legally presumed that the
3132	compounding, dispensing, or distributing of legend drugs in
3133	excessive or inappropriate quantities is not in the best
3134	interests of the patient and is not in the course of the
3135	professional practice of pharmacy. A quantity of legend drug
3136	which the licensee knows or reasonably should know was not
3137	prescribed in the course of a valid professional relationship is
3138	presumed to be an excessive or inappropriate quantity. A medical
3139	questionnaire completed by Internet, telephone, electronic
3140	transfer, or mail does not establish a valid professional
3141	relationship.
3142	Section 72. Subsection (8) of section 467.009, Florida
3143	Statutes, is amended to read:
3144	467.009 Midwifery programs; education and training
3145	requirements.--
3146	(8) Nonpublic educational institutions that conduct
3147	approved midwifery programs shall be accredited by an
3148	accrediting agency recognized and approved by the Council for
3149	Higher Education Accreditation or the United States Department
3150	of Educationa member of the Commission on Recognition of
3151	Postsecondary Accreditation and shall be licensed by the
3152	Commission for IndependentState Board of Nonpublic Career
3153	Education.
3154	Section 73. Section 467.013, Florida Statutes, is amended
3155	to read:
3156	467.013 Inactive status.--A licensee may request that his
3157	or her license be placed in an inactive status by making
3158	application to the department pursuant to department ruleand
3159	paying a fee.
3160	(1) An inactive license may be renewed for one additional
3161	biennium upon application to the department and payment of the
3162	applicable biennium renewal fee. The department shall establish
3163	by rule procedures and fees for applying to place a license on
3164	inactive status, renewing an inactive license, and reactivating
3165	an inactive license. The fee for any of these procedures may not
3166	exceed the biennial renewal fee established by the department.
3167	(2) Any license that is not renewed by the end of the
3168	biennium established by the department automatically reverts to
3169	involuntary inactive status unless the licensee has applied for
3170	voluntary inactive status. Such license may be reactivated only
3171	if the licensee meets the requirements for reactivating the
3172	license established by department rule.
3173	(3) A midwife who desires to reactivate an inactive
3174	license shall apply to the department, complete the reactivation
3175	application, remit the applicable fees, and submit proof of
3176	compliance with the requirements for continuing education
3177	established by department rule.
3178	(4) Each licensed midwife whose license has been placed on
3179	inactive status for more than 1 year must complete continuing
3180	education hours as a condition of reactivating the inactive
3181	license.
3182	(5) The licensee shall submit to the department evidence
3183	of participation in 10 hours of continuing education, approved
3184	by the department and clinically related to the practice of
3185	midwifery, for each year of the biennium in which the license
3186	was inactive. This requirement is in addition to submitting
3187	evidence of completing the continuing education required for the
3188	most recent biennium in which the licensee held an active
3189	license.
3190	Section 74. Section 467.0135, Florida Statutes, is amended
3191	to read:
3192	467.0135 Fees.--The department shall establish fees for
3193	application, examination, initial licensure, renewal of active
3194	statuslicensure, licensure by endorsement, inactive status,
3195	delinquent status, and reactivation of an inactive status
3196	license. The appropriate fee must be paid at the time of
3197	application and is payable to the Department of Health, in
3198	accordance with rules adopted by the department. A fee is
3199	nonrefundable, unless otherwise provided by rule. A fee may not
3200	exceed:
3201	(1) Five hundred dollars for examination.
3202	(1)(2)Five hundred dollars for initial licensure.
3203	(2)(3) Five hundred dollars for renewal of an active
3204	status licenselicensure.
3205	(3)(4) Two hundred dollars for application, which fee is
3206	nonrefundable.
3207	(4)(5) Five hundred dollars for renewalreactivationof an
3208	inactive statuslicense.
3209	(5)(6)Five hundred dollars for licensure by endorsement.
3210
3211	A fee for inactive status, reactivation of an inactive status
3212	license, or delinquency may not exceed the fee established by
3213	the department for biennial renewal of an active statuslicense.
3214	All fees collected under this section shall be deposited in the
3215	Medical Quality Assurance Trust Fund.
3216	Section 75. Subsection (1) of section 467.017, Florida
3217	Statutes, is amended to read:
3218	467.017 Emergency care plan; immunity.--
3219	(1) Every licensed midwife shall develop a written plan
3220	for the appropriate delivery of emergency care. A copy of the
3221	plan shall accompany any application for license issuance and
3222	must be made available upon request of the departmentor
3223	renewal. The plan shall address the following:
3224	(a) Consultation with other health care providers.
3225	(b) Emergency transfer.
3226	(c) Access to neonatal intensive care units and
3227	obstetrical units or other patient care areas.
3228	Section 76. Paragraph (g) of subsection (3) of section
3229	468.302, Florida Statutes, is amended to read:
3230	468.302 Use of radiation; identification of certified
3231	persons; limitations; exceptions.--
3232	(3)
3233	(g)1.A person holding a certificate as a nuclear medicine
3234	technologist may only:
3235	a.Conduct in vivo and in vitro measurements of
3236	radioactivity and administer radiopharmaceuticals to human
3237	beings for diagnostic and therapeutic purposes.
3238	b. Administer X radiation from a combination nuclear
3239	medicine-computed tomography device if that radiation is
3240	administered as an integral part of a nuclear medicine procedure
3241	that uses an automated computed tomography protocol for the
3242	purposes of attenuation correction and anatomical localization
3243	and the person has received device-specific training on the
3244	combination device.
3245	2.However,The authority of a nuclear medicine
3246	technologist under this paragraph excludes:
3247	a.Radioimmunoassay and other clinical laboratory testing
3248	regulated pursuant to chapter 483.
3249	b. Creating or modifying automated computed tomography
3250	protocols.
3251	c. Any other operation of a computed tomography device,
3252	especially for the purposes of stand-alone diagnostic imaging
3253	which is regulated pursuant to the general radiographic scope in
3254	this part.
3255	Section 77. Section 468.352, Florida Statutes, is amended
3256	to read:
3257	(Substantial rewording of section. See
3258	s. 468.352, F.S., for present text.)
3259	468.352 Definitions.--As used in this part, the term:
3260	(1) "Board" means the Board of Respiratory Care.
3261	(2) "Certified respiratory therapist" means any person
3262	licensed under this part who is certified by the National Board
3263	for Respiratory Care, or its successor, who is employed to
3264	deliver respiratory care services under the order of a physician
3265	licensed pursuant to chapter 458 or chapter 459 in accordance
3266	with protocols established by a hospital or other health care
3267	provider or the board and who functions in situations of
3268	unsupervised contact requiring individual judgment.
3269	(3) "Critical care" means care given to a patient in any
3270	setting involving a life-threatening emergency.
3271	(4) "Department" means the Department of Health.
3272	(5) "Direct supervision" means practicing under the
3273	direction of a licensed, registered, or certified respiratory
3274	therapist who is physically on the premises and readily
3275	available, as defined by the board.
3276	(6) "Physician supervision" means supervision and control
3277	by a physician licensed under chapter 458 or chapter 459 who
3278	assumes the legal liability for the services rendered by the
3279	personnel employed in his or her office. Except in the case of
3280	an emergency, physician supervision requires the easy
3281	availability of the physician within the office or the physical
3282	presence of the physician for consultation and direction of the
3283	actions of the persons who deliver respiratory care services.
3284	(7) "Practice of respiratory care" or "respiratory
3285	therapy" means the allied health specialty associated with the
3286	cardiopulmonary system that is practiced under the orders of a
3287	physician licensed under chapter 458 or chapter 459 and in
3288	accordance with protocols, policies, and procedures established
3289	by a hospital or other health care provider or the board,
3290	including the assessment, diagnostic evaluation, treatment,
3291	management, control, rehabilitation, education, and care of
3292	patients in all health care settings.
3293	(8) "Registered respiratory therapist" means any person
3294	licensed under this part who is registered by the National Board
3295	for Respiratory Care, or its successor, who is employed to
3296	deliver respiratory care services under the order of a physician
3297	licensed under chapter 458 or chapter 459 in accordance with
3298	protocols established by a hospital or other health care
3299	provider or the board, and who functions in situations of
3300	unsupervised contact requiring individual judgment.
3301	(9) "Respiratory care practitioner" means any person
3302	licensed under this part who is employed to deliver respiratory
3303	care services under direct supervision pursuant to the order of
3304	a physician licensed under chapter 458 or chapter 459.
3305	(10) "Respiratory care services" includes:
3306	(a) Evaluation and disease management.
3307	(b) Diagnostic and therapeutic use of respiratory
3308	equipment, devices, or medical gas.
3309	(c) Administration of drugs, as duly ordered or prescribed
3310	by a physician licensed under chapter 458 or chapter 459 and in
3311	accordance with protocols, policies, and procedures established
3312	by a hospital, another health care provider, or the board.
3313	(d) Initiation, management, and maintenance of equipment
3314	to assist and support ventilation and respiration.
3315	(e) Diagnostic procedures, research, and therapeutic
3316	treatment and procedures, including measurement of ventilatory
3317	volumes, pressures, and flows; specimen collection and analysis
3318	of blood for gas transport and acid/base determinations;
3319	pulmonary-function testing; and other related physiological
3320	monitoring of cardiopulmonary systems.
3321	(f) Cardiopulmonary rehabilitation.
3322	(g) Cardiopulmonary resuscitation, advanced cardiac life
3323	support, neonatal resuscitation, and pediatric advanced life
3324	support, or equivalent functions.
3325	(h) Insertion and maintenance of artificial airways and
3326	intravascular catheters.
3327	(i) Performing sleep disorder studies.
3328	(j) Education of patients, families, the public, or other
3329	health care providers, including disease process and management
3330	programs and smoking prevention and cessation programs.
3331	(k) Initiation and management of hyperbaric oxygen.
3332	Section 78. Section 468.355, Florida Statutes, is amended
3333	to read:
3334	(Substantial rewording of section. See
3335	s. 468.355, F.S., for present text.)
3336	468.355 Licensure requirements.--To be eligible for
3337	licensure by the board, an applicant must be an active certified
3338	respiratory therapist or an active registered respiratory
3339	therapist credentialed by the National Board for Respiratory
3340	Care or its successor.
3341	Section 79. Section 468.368, Florida Statutes, is amended
3342	to read:
3343	(Substantial rewording of section. See
3344	s. 468.368, F.S., for present text.)
3345	468.368 Exemptions.--This part may not be construed to
3346	prevent or restrict the practice, services, or activities of:
3347	(1) Any person licensed in this state by any other
3348	provision of law when engaging in the profession or occupation
3349	for which he or she is licensed.
3350	(2) Any legally qualified person in the state or another
3351	state or territory who is employed by the United States
3352	Government or any agency thereof while such person is
3353	discharging his or her official duties.
3354	(3) A friend or family member who is providing respiratory
3355	care services to an ill person and who does not represent
3356	himself or herself as a respiratory care practitioner or
3357	respiratory therapist.
3358	(4) An individual providing respiratory care services in
3359	an emergency who does not represent himself or herself as a
3360	respiratory care practitioner or respiratory therapist.
3361	(5) Any individual employed to deliver, assemble, set up,
3362	or test equipment for use in a home, upon the order of a
3363	physician licensed pursuant to chapter 458 or chapter 459. This
3364	subsection does not, however, authorize the practice of
3365	respiratory care without a license.
3366	(6) Any individual performing polysomnography under
3367	medical direction, as related to the diagnosis and evaluation of
3368	treatment for sleep disorders.
3369	(7) Any individual certified or registered as a pulmonary
3370	function technologist who is credentialed by the National Board
3371	for Respiratory Care or its successor for performing
3372	cardiopulmonary diagnostic studies.
3373	(8) Any student who is enrolled in an accredited
3374	respiratory care program approved by the board while performing
3375	respiratory care as an integral part of a required course.
3376	(9) The delivery of incidental respiratory care to
3377	noninstitutionalized persons by surrogate family members who do
3378	not represent themselves as registered or certified respiratory
3379	care therapists.
3380	(10) Any individual credentialed by the Underseas
3381	Hyperbaric Society in hyperbaric medicine, or its equivalent as
3382	determined by the board, while performing related duties. This
3383	subsection does not, however, authorize the practice of
3384	respiratory care without a license.
3385	Section 80. Subsection (2) of section 468.509, Florida
3386	Statutes, is amended to read:
3387	468.509 Dietitian/nutritionist; requirements for
3388	licensure.--
3389	(2) The agency shall examine any applicant who the board
3390	certifies has completed the application form and remitted the
3391	application and examination fees specified in s. 468.508 and
3392	who:
3393	(a)1. Possesses a baccalaureate or postbaccalaureate
3394	degree with a major course of study in human nutrition, food and
3395	nutrition, dietetics, or food management, or an equivalent major
3396	course of study, from a school or program accredited, at the
3397	time of the applicant's graduation, by the appropriate
3398	accrediting agency recognized by the Council for Higher
3399	Education Accreditation orCommission on Recognition of
3400	Postsecondary Accreditation andthe United States Department of
3401	Education; and
3402	2. Has completed a preprofessional experience component of
3403	not less than 900 hours or has education or experience
3404	determined to be equivalent by the board; or
3405	(b)1. Has an academic degree, from a foreign country, that
3406	has been validated by an accrediting agency approved by the
3407	United States Department of Education as equivalent to the
3408	baccalaureate or postbaccalaureate degree conferred by a
3409	regionally accredited college or university in the United
3410	States;
3411	2. Has completed a major course of study in human
3412	nutrition, food and nutrition, dietetics, or food management;
3413	and
3414	3. Has completed a preprofessional experience component of
3415	not less than 900 hours or has education or experience
3416	determined to be equivalent by the board.
3417	Section 81. Section 468.707, Florida Statutes, is amended
3418	to read:
3419	468.707 Licensure by examination; requirements.--
3420	(1)Any person desiring to be licensed as an athletic
3421	trainer shall apply to the department on a form approved by the
3422	department.
3423	(1)(a)The department shall license each applicant who:
3424	(a)1.Has completed the application form and remitted the
3425	required fees.
3426	(b)2.Is at least 21 years of age.
3427	(c)3.Has obtained a baccalaureate degree from a college
3428	or university accredited by an accrediting agency recognized and
3429	approved by the United States Department of Education or the
3430	Council for Higher EducationCommission on Recognition of
3431	PostsecondaryAccreditation, or approved by the board.
3432	(d)4.Has completed coursework from a college or
3433	university accredited by an accrediting agency recognized and
3434	approved by the United States Department of Education or the
3435	Council for Higher EducationCommission on Recognition of
3436	Postsecondary Accreditation, or approved by the board, in each
3437	of the following areas, as provided by rule: health, human
3438	anatomy, kinesiology/biomechanics, human physiology, physiology
3439	of exercise, basic athletic training, and advanced athletic
3440	training.
3441	(e)5.Has current certification in standard first aid and
3442	cardiovascular pulmonary resuscitation from the American Red
3443	Cross or an equivalent certification as determined by the board.
3444	(f)6.Has, within 2 of the preceding 5 years, attained a
3445	minimum of 800 hours of athletic training experience under the
3446	direct supervision of a licensed athletic trainer or an athletic
3447	trainer certified by the National Athletic Trainers' Association
3448	or a comparable national athletic standards organization.
3449	(g)7.Has passed an examination administered or approved
3450	by the board.
3451	(2)(b)The department shall also license each applicant
3452	who:
3453	(a)1.Has completed the application form and remitted the
3454	required fees no later than October 1, 1996.
3455	(b)2.Is at least 21 years of age.
3456	(c)3.Has current certification in standard first aid and
3457	cardiovascular pulmonary resuscitation from the American Red
3458	Cross or an equivalent certification as determined by the board.
3459	(d)1.4.a.Has practiced athletic training for at least 3
3460	of the 5 years preceding application; or
3461	2.b.Is currently certified by the National Athletic
3462	Trainers' Association or a comparable national athletic
3463	standards organization.
3464	(2) Pursuant to the requirements of s. 456.034, each
3465	applicant shall complete a continuing education course on human
3466	immunodeficiency virus and acquired immune deficiency syndrome
3467	as part of initial licensure.
3468	Section 82. Section 486.031, Florida Statutes, is amended
3469	to read:
3470	486.031 Physical therapist; licensing requirements.--To be
3471	eligible for licensing as a physical therapist, an applicant
3472	must:
3473	(1) Be at least 18 years old.;
3474	(2) Be of good moral character.; and
3475	(3)(a) Have been graduated from a school of physical
3476	therapy which has been approved for the educational preparation
3477	of physical therapists by the appropriate accrediting agency
3478	recognized by the Council for Higher EducationCommission on
3479	Recognition of PostsecondaryAccreditation or the United States
3480	Department of Education at the time of her or his graduation and
3481	have passed, to the satisfaction of the board, the American
3482	Registry Examination prior to 1971 or a national examination
3483	approved by the board to determine her or his fitness for
3484	practice as a physical therapist as hereinafter provided;
3485	(b) Have received a diploma from a program in physical
3486	therapy in a foreign country and have educational credentials
3487	deemed equivalent to those required for the educational
3488	preparation of physical therapists in this country, as
3489	recognized by the appropriate agency as identified by the board,
3490	and have passed to the satisfaction of the board an examination
3491	to determine her or his fitness for practice as a physical
3492	therapist as hereinafter provided; or
3493	(c) Be entitled to licensure without examination as
3494	provided in s. 486.081.
3495	Section 83. Section 486.102, Florida Statutes, is amended
3496	to read:
3497	486.102 Physical therapist assistant; licensing
3498	requirements.--To be eligible for licensing by the board as a
3499	physical therapist assistant, an applicant must:
3500	(1) Be at least 18 years old.;
3501	(2) Be of good moral character.; and
3502	(3)(a) Have been graduated from a school giving a course
3503	of not less than 2 years for physical therapist assistants,
3504	which has been approved for the educational preparation of
3505	physical therapist assistants by the appropriate accrediting
3506	agency recognized by the Council for Higher EducationCommission
3507	on Recognition of PostsecondaryAccreditation or the United
3508	States Department of Education at the time of her or his
3509	graduation and have passed to the satisfaction of the board an
3510	examination to determine her or his fitness for practice as a
3511	physical therapist assistant as hereinafter provided;
3512	(b) Have been graduated from a school giving a course for
3513	physical therapist assistants in a foreign country and have
3514	educational credentials deemed equivalent to those required for
3515	the educational preparation of physical therapist assistants in
3516	this country, as recognized by the appropriate agency as
3517	identified by the board, and passed to the satisfaction of the
3518	board an examination to determine her or his fitness for
3519	practice as a physical therapist assistant as hereinafter
3520	provided; or
3521	(c) Be entitled to licensure without examination as
3522	provided in s. 486.107.
3523	Section 84. Paragraph (a) of subsection (5) of section
3524	489.553, Florida Statutes, is amended to read:
3525	489.553 Administration of part; registration
3526	qualifications; examination.--
3527	(5) To be eligible for registration by the department as a
3528	master septic tank contractor, the applicant must:
3529	(a) Have been a registered septic tank contractor in
3530	Florida for at least 3 years or a plumbing contractor certified
3531	under part I of this chapter who has provided septic tank
3532	contracting services for at least 3 years. The 3 years must
3533	immediately precede the date of application and may not be
3534	interrupted by any probation, suspension, or revocation imposed
3535	by the licensing agency.
3536	Section 85. Section 489.554, Florida Statutes, is amended
3537	to read:
3538	489.554 Registration renewal.--
3539	(1)The department shall prescribe by rule the method for
3540	approval of continuing education courses,and forrenewal of
3541	annual registration, inactive status for late filing of a
3542	renewal application, allowing a contractor to hold his or her
3543	registration in inactive status for a specified period, and
3544	reactivating a license.
3545	(2)At a minimum, annual renewal shall include continuing
3546	education requirements of not less than 6 classroom hours
3547	annually for septic tank contractors and not less than 12
3548	classroom hours annually for master septic tank contractors. The
3549	12 classroom hours of continuing education required for master
3550	septic tank contractors may include the 6 classroom hours
3551	required for septic tank contractors, but at a minimum must
3552	include 6 classroom hours of approved master septic tank
3553	contractor coursework.
3554	(3) A certificate of registration shall become inactive if
3555	a renewal application is not filed in a timely manner. A
3556	certificate that has become inactive may be reactivated under
3557	this section by application to the department. A registered
3558	contractor may apply to the department for voluntary inactive
3559	status at any time during the period of registration.
3560	(4) A master septic tank contractor may elect to revert to
3561	registered septic tank contractor status at any time during the
3562	period of registration. The department shall prescribe by rule
3563	the method for a master septic tank contractor whose
3564	registration has reverted to registered septic tank contractor
3565	status to apply for master septic tank contractor status.
3566	(5) The department shall deny an application for renewal
3567	if there is any outstanding administrative penalty against the
3568	applicant which is final agency action and all judicial reviews
3569	are exhausted.
3570	Section 86. Paragraph (b) of subsection (2) of section
3571	490.005, Florida Statutes, is amended to read:
3572	490.005 Licensure by examination.--
3573	(2) Any person desiring to be licensed as a school
3574	psychologist shall apply to the department to take the licensure
3575	examination. The department shall license each applicant who
3576	the department certifies has:
3577	(b) Submitted satisfactory proof to the department that
3578	the applicant:
3579	1. Has received a doctorate, specialist, or equivalent
3580	degree from a program primarily psychological in nature and has
3581	completed 60 semester hours or 90 quarter hours of graduate
3582	study, in areas related to school psychology as defined by rule
3583	of the department, from a college or university which at the
3584	time the applicant was enrolled and graduated was accredited by
3585	an accrediting agency recognized and approved by the Council for
3586	Higher Education Accreditation or the United States Department
3587	of EducationCommission on Recognition of Postsecondary
3588	Accreditation or froman institution which is publicly
3589	recognized as a member in good standing with the Association of
3590	Universities and Colleges of Canada.
3591	2. Has had a minimum of 3 years of experience in school
3592	psychology, 2 years of which must be supervised by an individual
3593	who is a licensed school psychologist or who has otherwise
3594	qualified as a school psychologist supervisor, by education and
3595	experience, as set forth by rule of the department. A doctoral
3596	internship may be applied toward the supervision requirement.
3597	3. Has passed an examination provided by the department.
3598	Section 87. Paragraph (d) of subsection (1), paragraph (b)
3599	of subsection (3), and paragraph (b) of subsection (4) of
3600	section 491.005, Florida Statutes, are amended, and paragraph
3601	(f) is added to subsection (1) of said section, to read:
3602	491.005 Licensure by examination.--
3603	(1) CLINICAL SOCIAL WORK.--Upon verification of
3604	documentation and payment of a fee not to exceed $200, as set by
3605	board rule, plus the actual per applicant cost to the department
3606	for purchase of the examination from the American Association of
3607	State Social Worker's Boards or a similar national organization,
3608	the department shall issue a license as a clinical social worker
3609	to an applicant who the board certifies:
3610	(d) Has passed a theory and practice examination approved
3611	provided by the boarddepartment for this purpose, which shall
3612	only be taken following completion of the clinical experience
3613	requirement.
3614	(f) Has satisfied all coursework requirements in this
3615	section by successfully completing the required course as a
3616	student or by teaching the required graduate course as an
3617	instructor or professor in an accredited institution.
3618	(3) MARRIAGE AND FAMILY THERAPY.--Upon verification of
3619	documentation and payment of a fee not to exceed $200, as set by
3620	board rule, plus the actual cost to the department for the
3621	purchase of the examination from the Association of Marital and
3622	Family Therapy Regulatory Board, or similar national
3623	organization, the department shall issue a license as a marriage
3624	and family therapist to an applicant who the board certifies:
3625	(b)1. Has a minimum of a master's degree with major
3626	emphasis in marriage and family therapy, or a closely related
3627	field, and has completed all of the following requirements:
3628	a. Thirty-six semester hours or 48 quarter hours of
3629	graduate coursework, which must include a minimum of 3 semester
3630	hours or 4 quarter hours of graduate-level course credits in
3631	each of the following nine areas: dynamics of marriage and
3632	family systems; marriage therapy and counseling theory and
3633	techniques; family therapy and counseling theory and techniques;
3634	individual human development theories throughout the life cycle;
3635	personality theory or general counseling theory and techniques;
3636	psychopathology; human sexuality theory and counseling
3637	techniques; psychosocial theory; and substance abuse theory and
3638	counseling techniques. Courses in research, evaluation,
3639	appraisal, assessment, or testing theories and procedures;
3640	thesis or dissertation work; or practicums, internships, or
3641	fieldwork may not be applied toward this requirement.
3642	b. A minimum of one graduate-level course of 3 semester
3643	hours or 4 quarter hours in legal, ethical, and professional
3644	standards issues in the practice of marriage and family therapy
3645	or a course determined by the board to be equivalent.
3646	c. A minimum of one graduate-level course of 3 semester
3647	hours or 4 quarter hours in diagnosis, appraisal, assessment,
3648	and testing for individual or interpersonal disorder or
3649	dysfunction; and a minimum of one 3-semester-hour or 4-quarter-
3650	hour graduate-level course in behavioral research which focuses
3651	on the interpretation and application of research data as it
3652	applies to clinical practice. Credit for thesis or dissertation
3653	work, practicums, internships, or fieldwork may not be applied
3654	toward this requirement.
3655	d. A minimum of one supervised clinical practicum,
3656	internship, or field experience in a marriage and family
3657	counseling setting, during which the student provided 180 direct
3658	client contact hours of marriage and family therapy services
3659	under the supervision of an individual who met the requirements
3660	for supervision under paragraph (c). This requirement may be met
3661	by a supervised practice experience which took place outside the
3662	academic arena, but which is certified as equivalent to a
3663	graduate-level practicum or internship program which required a
3664	minimum of 180 direct client contact hours of marriage and
3665	family therapy services currently offered within an academic
3666	program of a college or university accredited by an accrediting
3667	agency approved by the United States Department of Education, or
3668	an institution which is publicly recognized as a member in good
3669	standing with the Association of Universities and Colleges of
3670	Canada or a training institution accredited by the Commission on
3671	Accreditation for Marriage and Family Therapy Education
3672	recognized by the United States Department of Education.
3673	Certification shall be required from an official of such
3674	college, university, or training institution.
3675	2. If the course title which appears on the applicant's
3676	transcript does not clearly identify the content of the
3677	coursework, the applicant shall be required to provide
3678	additional documentation, including, but not limited to, a
3679	syllabus or catalog description published for the course.
3680
3681	The required master's degree must have been received in an
3682	institution of higher education which at the time the applicant
3683	graduated was: fully accredited by a regional accrediting body
3684	recognized by the Council for Higher Education Accreditation or
3685	the United States Department of EducationCommission on
3686	Recognition of Postsecondary Accreditation; publicly recognized
3687	as a member in good standing with the Association of
3688	Universities and Colleges of Canada; or an institution of higher
3689	education located outside the United States and Canada, which at
3690	the time the applicant was enrolled and at the time the
3691	applicant graduated maintained a standard of training
3692	substantially equivalent to the standards of training of those
3693	institutions in the United States which are accredited by a
3694	regional accrediting body recognized by the Council for Higher
3695	Education Accreditation or the United States Department of
3696	EducationCommission on Recognition of Postsecondary
3697	Accreditation. Such foreign education and training must have
3698	been received in an institution or program of higher education
3699	officially recognized by the government of the country in which
3700	it is located as an institution or program to train students to
3701	practice as professional marriage and family therapists or
3702	psychotherapists. The burden of establishing that the
3703	requirements of this provision have been met shall be upon the
3704	applicant, and the board shall require documentation, such as,
3705	but not limited to, an evaluation by a foreign equivalency
3706	determination service, as evidence that the applicant's graduate
3707	degree program and education were equivalent to an accredited
3708	program in this country. An applicant with a master's degree
3709	from a program which did not emphasize marriage and family
3710	therapy may complete the coursework requirement in a training
3711	institution fully accredited by the Commission on Accreditation
3712	for Marriage and Family Therapy Education recognized by the
3713	United States Department of Education.
3714	(4) MENTAL HEALTH COUNSELING.--Upon verification of
3715	documentation and payment of a fee not to exceed $200, as set by
3716	board rule, plus the actual per applicant cost to the department
3717	for purchase of the examination from the Professional
3718	Examination Service for the National Academy of Certified
3719	Clinical Mental Health Counselors or a similar national
3720	organization, the department shall issue a license as a mental
3721	health counselor to an applicant who the board certifies:
3722	(b)1. Has a minimum of an earned master's degree from a
3723	mental health counseling program accredited by the Council for
3724	the Accreditation of Counseling and Related Educational Programs
3725	that consists of at least 60 semester hours or 80 quarter hours
3726	of clinical and didactic instruction, including a course in
3727	human sexuality and a course in substance abuse. If the master's
3728	degree is earned from a program related to the practice of
3729	mental health counseling that is not accredited by the Council
3730	for the Accreditation of Counseling and Related Educational
3731	Programs, then the coursework and practicum, internship, or
3732	fieldwork must consist of at least 60 semester hours or 80
3733	quarter hours and meet the following requirements:
3734	a. Thirty-three semester hours or 44 quarter hours of
3735	graduate coursework, which must include a minimum of 3 semester
3736	hours or 4 quarter hours of graduate-level coursework in each of
3737	the following 11 content areas: counseling theories and
3738	practice; human growth and development; diagnosis and treatment
3739	of psychopathology; human sexuality; group theories and
3740	practice; individual evaluation and assessment; career and
3741	lifestyle assessment; research and program evaluation; social
3742	and cultural foundations; counseling in community settings; and
3743	substance abuse. Courses in research, thesis or dissertation
3744	work, practicums, internships, or fieldwork may not be applied
3745	toward this requirement.
3746	b. A minimum of 3 semester hours or 4 quarter hours of
3747	graduate-level coursework in legal, ethical, and professional
3748	standards issues in the practice of mental health counseling,
3749	which includes goals, objectives, and practices of professional
3750	counseling organizations, codes of ethics, legal considerations,
3751	standards of preparation, certifications and licensing, and the
3752	role identity and professional obligations of mental health
3753	counselors. Courses in research, thesis or dissertation work,
3754	practicums, internships, or fieldwork may not be applied toward
3755	this requirement.
3756	c. The equivalent, as determined by the board, of at least
3757	1,000 hours of university-sponsored supervised clinical
3758	practicum, internship, or field experience as required in the
3759	accrediting standards of the Council for Accreditation of
3760	Counseling and Related Educational Programs for mental health
3761	counseling programs. This experience may not be used to satisfy
3762	the post-master's clinical experience requirement.
3763	2. If the course title which appears on the applicant's
3764	transcript does not clearly identify the content of the
3765	coursework, the applicant shall be required to provide
3766	additional documentation, including, but not limited to, a
3767	syllabus or catalog description published for the course.
3768
3769	Education and training in mental health counseling must have
3770	been received in an institution of higher education which at the
3771	time the applicant graduated was: fully accredited by a regional
3772	accrediting body recognized by the Council for Higher Education
3773	Accreditation or the United States Department of Education
3774	Commission on Recognition of Postsecondary Accreditation;
3775	publicly recognized as a member in good standing with the
3776	Association of Universities and Colleges of Canada; or an
3777	institution of higher education located outside the United
3778	States and Canada, which at the time the applicant was enrolled
3779	and at the time the applicant graduated maintained a standard of
3780	training substantially equivalent to the standards of training
3781	of those institutions in the United States which are accredited
3782	by a regional accrediting body recognized by the Council for
3783	Higher Education Accreditation or the United States Department
3784	of EducationCommission on Recognition of Postsecondary
3785	Accreditation. Such foreign education and training must have
3786	been received in an institution or program of higher education
3787	officially recognized by the government of the country in which
3788	it is located as an institution or program to train students to
3789	practice as mental health counselors. The burden of establishing
3790	that the requirements of this provision have been met shall be
3791	upon the applicant, and the board shall require documentation,
3792	such as, but not limited to, an evaluation by a foreign
3793	equivalency determination service, as evidence that the
3794	applicant's graduate degree program and education were
3795	equivalent to an accredited program in this country.
3796	Section 88. Section 491.0145, Florida Statutes, is amended
3797	to read:
3798	491.0145 Certified master social worker.--The department
3799	may not adopt any rules that would cause any person who was not
3800	licensed as a certified master social worker in accordance with
3801	this chapter on January 1, 1990, to become licensed.The
3802	department may certify an applicant for a designation as a
3803	certified master social worker upon the following conditions:
3804	(1) The applicant completes an application to be provided
3805	by the department and pays a nonrefundable fee not to exceed
3806	$250 to be established by rule of the department. The completed
3807	application must be received by the department at least 60 days
3808	before the date of the examination in order for the applicant to
3809	qualify to take the scheduled exam.
3810	(2) The applicant submits proof satisfactory to the
3811	department that the applicant has received a doctoral degree in
3812	social work, or a master's degree with a major emphasis or
3813	specialty in clinical practice or administration, including, but
3814	not limited to, agency administration and supervision, program
3815	planning and evaluation, staff development, research, community
3816	organization, community services, social planning, and human
3817	service advocacy. Doctoral degrees must have been received from
3818	a graduate school of social work which at the time the applicant
3819	was enrolled and graduated was accredited by an accrediting
3820	agency approved by the United States Department of Education.
3821	Master's degrees must have been received from a graduate school
3822	of social work which at the time the applicant was enrolled and
3823	graduated was accredited by the Council on Social Work Education
3824	or the Canadian Association of Schools of Social Work or by one
3825	that meets comparable standards.
3826	(3) The applicant has had at least 3 years' experience, as
3827	defined by rule, including, but not limited to, clinical
3828	services or administrative activities as defined in subsection
3829	(2), 2 years of which must be at the post-master's level under
3830	the supervision of a person who meets the education and
3831	experience requirements for certification as a certified master
3832	social worker, as defined by rule, or licensure as a clinical
3833	social worker under this chapter. A doctoral internship may be
3834	applied toward the supervision requirement.
3835	(4) Any person who holds a master's degree in social work
3836	from institutions outside the United States may apply to the
3837	department for certification if the academic training in social
3838	work has been evaluated as equivalent to a degree from a school
3839	accredited by the Council on Social Work Education. Any such
3840	person shall submit a copy of the academic training from the
3841	Foreign Equivalency Determination Service of the Council on
3842	Social Work Education.
3843	(5) The applicant has passed an examination required by
3844	the department for this purpose. The nonrefundable fee for such
3845	examination may not exceed $250 as set by department rule.
3846	(6) Nothing in this chapter shall be construed to
3847	authorize a certified master social worker to provide clinical
3848	social work services.
3849	Section 89. Section 491.0146, Florida Statutes, is created
3850	to read:
3851	491.0146 Saving clause.--All licenses to practice as a
3852	certified master social worker issued pursuant to this chapter
3853	and valid on October 1, 2002, shall remain in full force and
3854	effect.
3855	Section 90. Subsection (3) of section 491.0147, Florida
3856	Statutes, is amended to read:
3857	491.0147 Confidentiality and privileged
3858	communications.--Any communication between any person licensed
3859	or certified under this chapter and her or his patient or client
3860	shall be confidential. This secrecy may be waived under the
3861	following conditions:
3862	(3)(a)When there is a clear and immediate probability of
3863	physical harm to the patient or client, to other individuals, or
3864	to society and the person licensed or certified under this
3865	chapter communicates the information only to the potential
3866	victim, appropriate family member, or law enforcement or other
3867	appropriate authorities.
3868	(b) There shall be no civil or criminal liability arising
3869	from the disclosure of otherwise confidential communications by
3870	a person licensed or certified under this chapter when the
3871	disclosure is made pursuant to paragraph (a).
3872	Section 91. Subsection (6) of section 499.003, Florida
3873	Statutes, is amended to read:
3874	499.003 Definitions of terms used in ss. 499.001-
3875	499.081.--As used in ss. 499.001-499.081, the term:
3876	(6) "Compressed medical gas" means any liquefied or
3877	vaporized gas that is classified as a prescription drug or
3878	medical device, whether it is alone or in combination with other
3879	gases.
3880	Section 92. Subsection (2) of section 499.007, Florida
3881	Statutes, is amended to read:
3882	499.007 Misbranded drug or device.--A drug or device is
3883	misbranded:
3884	(2) Unless, if in package form, it bears a label
3885	containing:
3886	(a) The name and place of business of the manufacturer or
3887	distributor; in addition, for a medicinal drug, as defined in s.
3888	499.003, the label must contain the name and place of business
3889	of the manufacturerof the finished dosage form of the drug.
3890	For the purpose of this paragraph, the finished dosage form of a
3891	medicinal drug is that form of the drug which is, or is intended
3892	to be, dispensed or administered to the patient and requires no
3893	further manufacturing or processing other than packaging,
3894	reconstitution, and labeling.; and
3895	(b) An accurate statement of the quantity of the contents
3896	in terms of weight, measure, or numerical count; however, under
3897	this section, reasonable variations are permitted, and the
3898	department shall establish by rule exemptions for small
3899	packages.
3900
3901	A drug dispensed by filling or refilling a written or oral
3902	prescription of a practitioner licensed by law to prescribe such
3903	drug is exempt from the requirements of this section, except
3904	subsections (1), (8), (10), and (11) and the packaging
3905	requirements of subsections (6) and (7), if the drug bears a
3906	label that contains the name and address of the dispenser or
3907	seller, the prescription number and the date the prescription
3908	was written or filled, the name of the prescriber and the name
3909	of the patient, and the directions for use and cautionary
3910	statements. This exemption does not apply to any drug dispensed
3911	in the course of the conduct of a business of dispensing drugs
3912	pursuant to diagnosis by mail or to any drug dispensed in
3913	violation of subsection (12). The department may, by rule,
3914	exempt drugs subject to ss. 499.062-499.064 from subsection (12)
3915	if compliance with that subsection is not necessary to protect
3916	the public health, safety, and welfare.
3917	Section 93. Paragraph (e) of subsection (1) of section
3918	499.01, Florida Statutes, is amended to read:
3919	499.01 Permits; applications; renewal; general
3920	requirements.--
3921	(1) Any person that is required under ss. 499.001-499.081
3922	to have a permit must apply to the department on forms furnished
3923	by the department.
3924	(e) The department may not issuea permit for a
3925	prescription drug manufacturer, prescription drug wholesaler, or
3926	retail pharmacy wholesaler may not be issuedto the address of a
3927	health care entity, except as provided in this paragraph. The
3928	department may issue a prescription drug manufacturer permit to
3929	an applicant at the same address as a licensed nuclear pharmacy
3930	that is a health care entity for the purpose of manufacturing
3931	prescription drugs used in positron emission tomography or other
3932	radiopharmaceuticals, as listed in a rule adopted by the
3933	department pursuant to this paragraph. The purpose of this
3934	exemption is to ensure availability of state-of-the-art
3935	pharmaceuticals that would pose a significant danger to the
3936	public health if manufactured at a separate establishment
3937	address other than the nuclear pharmacy from which the
3938	prescription drugs are dispensed.
3939	Section 94. Paragraph (b) of subsection (6) of section
3940	499.0121, Florida Statutes, is amended to read:
3941	499.0121 Storage and handling of prescription drugs;
3942	recordkeeping.--The department shall adopt rules to implement
3943	this section as necessary to protect the public health, safety,
3944	and welfare. Such rules shall include, but not be limited to,
3945	requirements for the storage and handling of prescription drugs
3946	and for the establishment and maintenance of prescription drug
3947	distribution records.
3948	(6) RECORDKEEPING.--The department shall adopt rules that
3949	require keeping such records of prescription drugs as are
3950	necessary for the protection of the public health.
3951	(b) Inventories and records must be made available for
3952	inspection and photocopying by authorized federal, state, or
3953	local officials for a period of 2 years following disposition of
3954	the drugs or 3 years after the date the inventory or record was
3955	created, whichever is longer.
3956
3957	For the purposes of this subsection, the term "authorized
3958	distributors of record" means those distributors with whom a
3959	manufacturer has established an ongoing relationship to
3960	distribute the manufacturer's products.
3961	Section 95. Section 501.122, Florida Statutes, is
3962	transferred and renumbered as section 404.24, Florida Statutes.
3963	Section 96. Subsection (1) of section 627.912, Florida
3964	Statutes, is amended to read:
3965	627.912 Professional liability claims and actions; reports
3966	by insurers.--
3967	(1) Each self-insurer authorized under s. 627.357 and each
3968	insurer or joint underwriting association providing professional
3969	liability insurance to a practitioner of medicine licensed under
3970	chapter 458, to a practitioner of osteopathic medicine licensed
3971	under chapter 459, to a podiatric physician licensed under
3972	chapter 461, to a dentist licensed under chapter 466, to a
3973	hospital licensed under chapter 395, to a crisis stabilization
3974	unit licensed under part IV of chapter 394, to a health
3975	maintenance organization certificated under part I of chapter
3976	641, to clinics included in chapter 390, to an ambulatory
3977	surgical center as defined in s. 395.002, or to a member of The
3978	Florida Bar shall report in duplicate to the Department of
3979	Insurance any claim or action for damages for personal injuries
3980	claimed to have been caused by error, omission, or negligence in
3981	the performance of such insured's professional services or based
3982	on a claimed performance of professional services without
3983	consent, if the claim resulted in:
3984	(a) A final judgment in any amount.
3985	(b) A settlement in any amount.
3986
3987	Reports shall be filed with the department and, if the insured
3988	party is licensed under chapter 458, chapter 459, or chapter 461
3989	and the final judgment or settlement amount was $50,000 or more,
3990	or if the insured party is licensed under chapter 466 and the
3991	final judgment or settlement amount was $25,000 or more, or
3992	chapter 466,with the Department of Health, no later than 30
3993	days following the occurrence of any event listed in paragraph
3994	(a) or paragraph (b). The Department of Health shall review each
3995	report and determine whether any of the incidents that resulted
3996	in the claim potentially involved conduct by the licensee that
3997	is subject to disciplinary action, in which case the provisions
3998	of s. 456.073 shall apply. The Department of Health, as part of
3999	the annual report required by s. 456.026, shall publish annual
4000	statistics, without identifying licensees, on the reports it
4001	receives, including final action taken on such reports by the
4002	Department of Health or the appropriate regulatory board.
4003	Section 97. Paragraph (a) of subsection (1) of section
4004	766.101, Florida Statutes, is amended to read:
4005	766.101 Medical review committee, immunity from
4006	liability.--
4007	(1) As used in this section:
4008	(a) The term "medical review committee" or "committee"
4009	means:
4010	1.a. A committee of a hospital or ambulatory surgical
4011	center licensed under chapter 395 or a health maintenance
4012	organization certificated under part I of chapter 641,
4013	b. A committee of a physician-hospital organization, a
4014	provider-sponsored organization, or an integrated delivery
4015	system,
4016	c. A committee of a state or local professional society of
4017	health care providers,
4018	d. A committee of a medical staff of a licensed hospital
4019	or nursing home, provided the medical staff operates pursuant to
4020	written bylaws that have been approved by the governing board of
4021	the hospital or nursing home,
4022	e. A committee of the Department of Corrections or the
4023	Correctional Medical Authority as created under s. 945.602, or
4024	employees, agents, or consultants of either the department or
4025	the authority or both,
4026	f. A committee of a professional service corporation
4027	formed under chapter 621 or a corporation organized under
4028	chapter 607 or chapter 617, which is formed and operated for the
4029	practice of medicine as defined in s. 458.305(3), and which has
4030	at least 25 health care providers who routinely provide health
4031	care services directly to patients,
4032	g. A committee of a mental health treatment facility
4033	licensed under chapter 394 or a community mental health center
4034	as defined in s. 394.907, provided the quality assurance program
4035	operates pursuant to the guidelines which have been approved by
4036	the governing board of the agency,
4037	h. A committee of a substance abuse treatment and
4038	education prevention program licensed under chapter 397 provided
4039	the quality assurance program operates pursuant to the
4040	guidelines which have been approved by the governing board of
4041	the agency,
4042	i. A peer review or utilization review committee organized
4043	under chapter 440,
4044	j. A committee of the Department of Health, a county
4045	health department, healthy start coalition, or certified rural
4046	health network, when reviewing quality of care, or employees of
4047	these entities when reviewing mortality records, or
4048	k. A continuous quality improvement committee of a
4049	pharmacy licensed pursuant to chapter 465,
4050	l. A committee established by a university board of
4051	trustees, or
4052	m. A committee comprised of faculty, residents, students,
4053	and administrators of an accredited college of medicine,
4054	nursing, or other health care discipline,
4055
4056	which committee is formed to evaluate and improve the quality of
4057	health care rendered by providers of health service or to
4058	determine that health services rendered were professionally
4059	indicated or were performed in compliance with the applicable
4060	standard of care or that the cost of health care rendered was
4061	considered reasonable by the providers of professional health
4062	services in the area; or
4063	2. A committee of an insurer, self-insurer, or joint
4064	underwriting association of medical malpractice insurance, or
4065	other persons conducting review under s. 766.106.
4066	Section 98. Paragraphs (a) and (b) of subsection (4) of
4067	section 766.314, Florida Statutes, are amended to read:
4068	766.314 Assessments; plan of operation.--
4069	(4) The following persons and entities shall pay into the
4070	association an initial assessment in accordance with the plan of
4071	operation:
4072	(a) On or before October 1, 1988, each hospital licensed
4073	under chapter 395 shall pay an initial assessment of $50 per
4074	infant delivered in the hospital during the prior calendar year,
4075	as reported to the Agency for Health Care Administration;
4076	provided, however, that a hospital owned or operated by the
4077	state or a county, special taxing district, or other political
4078	subdivision of the state shall not be required to pay the
4079	initial assessment or any assessment required by subsection (5).
4080	The term "infant delivered" includes live births and not
4081	stillbirths, but the term does not include infants delivered by
4082	employees or agents of the Board of Regents,orthose born in a
4083	teaching hospital as defined in s. 408.07, or those born in a
4084	family practice teaching hospital designated pursuant to s.
4085	395.806 that had been deemed by the association as being exempt
4086	from assessments for fiscal years 1997-1998 through 2001-2002.
4087	The initial assessment and any assessment imposed pursuant to
4088	subsection (5) may not include any infant born to a charity
4089	patient (as defined by rule of the Agency for Health Care
4090	Administration) or born to a patient for whom the hospital
4091	receives Medicaid reimbursement, if the sum of the annual
4092	charges for charity patients plus the annual Medicaid
4093	contractuals of the hospital exceeds 10 percent of the total
4094	annual gross operating revenues of the hospital. The hospital is
4095	responsible for documenting, to the satisfaction of the
4096	association, the exclusion of any birth from the computation of
4097	the assessment. Upon demonstration of financial need by a
4098	hospital, the association may provide for installment payments
4099	of assessments.
4100	(b)1. On or before October 15, 1988, all physicians
4101	licensed pursuant to chapter 458 or chapter 459 as of October 1,
4102	1988, other than participating physicians, shall be assessed an
4103	initial assessment of $250, which must be paid no later than
4104	December 1, 1988.
4105	2. Any such physician who becomes licensed after September
4106	30, 1988, and before January 1, 1989, shall pay into the
4107	association an initial assessment of $250 upon licensure.
4108	3. Any such physician who becomes licensed on or after
4109	January 1, 1989, shall pay an initial assessment equal to the
4110	most recent assessment made pursuant to this paragraph,
4111	paragraph (5)(a), or paragraph (7)(b).
4112	4. However, if the physician is a physician specified in
4113	this subparagraph, the assessment is not applicable:
4114	a. A resident physician, assistant resident physician, or
4115	intern in an approved postgraduate training program, as defined
4116	by the Board of Medicine or the Board of Osteopathic Medicine by
4117	rule;
4118	b. A retired physician who has withdrawn from the practice
4119	of medicine but who maintains an active license as evidenced by
4120	an affidavit filed with the Department of Health. Prior to
4121	reentering the practice of medicine in this state, a retired
4122	physician as herein defined must notify the Board of Medicine or
4123	the Board of Osteopathic Medicine and pay the appropriate
4124	assessments pursuant to this section;
4125	c. A physician who holds a limited license pursuant to s.
4126	458.315458.317and who is not being compensated for medical
4127	services;
4128	d. A physician who is employed full time by the United
4129	States Department of Veterans Affairs and whose practice is
4130	confined to United States Department of Veterans Affairs
4131	hospitals; or
4132	e. A physician who is a member of the Armed Forces of the
4133	United States and who meets the requirements of s. 456.024.
4134	f. A physician who is employed full time by the State of
4135	Florida and whose practice is confined to state-owned
4136	correctional institutions, a county health department, or state-
4137	owned mental health or developmental services facilities, or who
4138	is employed full time by the Department of Health.
4139	Section 99. Section 784.081, Florida Statutes, is amended
4140	to read:
4141	784.081 Assault or battery on specified officials or
4142	employees; reclassification of offenses.--Whenever a person is
4143	charged with committing an assault or aggravated assault or a
4144	battery or aggravated battery upon any elected official or
4145	employee of: a school district; a private school; the Florida
4146	School for the Deaf and the Blind; a university developmental
4147	research school; a state university or any other entity of the
4148	state system of public education, as defined in s. 1000.04; an
4149	employee or protective investigator of the Department of
4150	Children and Family Services; oran employee of a lead
4151	community-based provider and its direct service contract
4152	providers; or an employee of the Department of Health or its
4153	direct service contract providers, when the person committing
4154	the offense knows or has reason to know the identity or position
4155	or employment of the victim, the offense for which the person is
4156	charged shall be reclassified as follows:
4157	(1) In the case of aggravated battery, from a felony of
4158	the second degree to a felony of the first degree.
4159	(2) In the case of aggravated assault, from a felony of
4160	the third degree to a felony of the second degree.
4161	(3) In the case of battery, from a misdemeanor of the
4162	first degree to a felony of the third degree.
4163	(4) In the case of assault, from a misdemeanor of the
4164	second degree to a misdemeanor of the first degree.
4165	Section 100. Paragraph (a) of subsection (1) of section
4166	817.567, Florida Statutes, is amended to read:
4167	817.567 Making false claims of academic degree or title.--
4168	(1) No person in the state may claim, either orally or in
4169	writing, to possess an academic degree, as defined in s.
4170	1005.02, or the title associated with said degree, unless the
4171	person has, in fact, been awarded said degree from an
4172	institution that is:
4173	(a) Accredited by a regional or professional accrediting
4174	agency recognized by the United States Department of Education
4175	or the Council for Higher EducationCommission on Recognition of
4176	PostsecondaryAccreditation;
4177	Section 101. Section 945.6038, Florida Statutes, is
4178	created to read:
4179	945.6038 Additional services.--The authority is authorized
4180	to enter into an agreement or contract with the Department of
4181	Children and Family Services, subject to the availability of
4182	funding, to conduct surveys of medical services and to provide
4183	medical quality assurance and improvement assistance at secure
4184	confinement and treatment facilities for persons confined under
4185	part V of chapter 394. The authority is authorized to enter into
4186	similar agreements with other state agencies, subject to the
4187	availability of funds. The authority may not enter any such
4188	agreement if it would impair the authority's ability to fulfill
4189	its obligations with regard to the Department of Corrections as
4190	set forth in this chapter.
4191	Section 102. Subsection (13) of section 1009.992, Florida
4192	Statutes, is amended to read:
4193	1009.992 Definitions.--As used in this act:
4194	(13) "Institution" means any college or university which,
4195	by virtue of law or charter, is accredited by and holds
4196	membership in the Council for Higher EducationCommission on
4197	Recognition of PostsecondaryAccreditation; which grants
4198	baccalaureate or associate degrees; which is not a pervasively
4199	sectarian institution; and which does not discriminate in the
4200	admission of students on the basis of race, color, religion,
4201	sex, or creed.
4202	Section 103. Section 1012.46, Florida Statutes, is amended
4203	to read:
4204	1012.46 Athletic trainers.--
4205	(1) School districts may establish and implement an
4206	athletic injuries prevention and treatment program. Central to
4207	this program should be the employment and availability of
4208	persons trained in the prevention and treatment of physical
4209	injuries which may occur during athletic activities. The program
4210	should reflect opportunities for progressive advancement and
4211	compensation in employment as provided in subsection (2) and
4212	meet certain other minimum standards developed by the Department
4213	of Education. The goal of the Legislature is to have school
4214	districts employ and have available a full-time teacher athletic
4215	trainer in each high school in the state.
4216	(2) To the extent practicable, a school district program
4217	should include the following employment classification and
4218	advancement scheme:
4219	(a) First responder.--To qualify as a first responder, a
4220	person must possess a professional, temporary, part-time,
4221	adjunct, or substitute certificate pursuant to s. 1012.56, be
4222	certified in cardiopulmonary resuscitation, first aid, and have
4223	15 semester hours in courses such as care and prevention of
4224	athletic injuries, anatomy, physiology, nutrition, counseling,
4225	and other similar courses approved by the Commissioner of
4226	Education. This person may only administer first aid and similar
4227	care, and shall not hold himself or herself out to the school
4228	district or public as an athletic trainer pursuant to part XIII
4229	of chapter 468.
4230	(b) Teacher Athletic trainer.--To qualify as ana teacher
4231	athletic trainer, a person must be licensed as required by part
4232	XIII of chapter 468 and may be utilized by the school district
4233	as possessa professional, temporary, part-time, adjunct, or
4234	substitute teachercertificatepursuant to s. 1012.35, s.
4235	1012.56, or s. 1012.57, and be licensed as required by part XIII
4236	of chapter 468.
4237	Section 104. (1) All payments made after July 1, 2003, by
4238	the Department of Health to the Division of Administrative
4239	Hearings which are based on a formula in effect prior to that
4240	date shall revert to the Department of Health. Effective July 1,
4241	2004, the Division of Administrative Hearings shall bill the
4242	Department of Health in accordance with s. 456.073(5), Florida
4243	Statutes.
4244	(2) The Office of Program Policy Analysis and Government
4245	Accountability and the Auditor General shall conduct a joint
4246	audit of all hearings and billings therefor conducted by the
4247	Division of Administrative Hearings for all state agencies and
4248	nonstate agencies and shall present a report to the President of
4249	the Senate and the Speaker of the House of Representatives on or
4250	before January 1, 2004, which contains findings and
4251	recommendations regarding the manner in which the division
4252	charges for its services. The report shall recommend alternative
4253	billing formulas.
4254	Section 105. Subsection (9) of section 381.0098, section
4255	381.85, paragraph (f) of subsection (2) of section 385.103,
4256	sections 385.205 and 385.209, subsection (7) of section 445.033,
4257	sections 456.031, 456.033, 456.034, 458.313, 458.316, 458.3165,
4258	458.317, 468.356, and 468.357, and subsection (3) of section
4259	468.711, Florida Statutes, are repealed.
4260	Section 106. Except as otherwise provided herein, this act
4261	shall take effect July 1, 2003.