HB 0511 2003
1	A bill to be entitled
2	An act relating to nursing; amending s. 464.009, F.S.;
3	authorizing the licensure by endorsement in this state of
4	applicants who hold a valid license to practice
5	professional or practical nursing in the Commonwealth of
6	Puerto Rico; providing an effective date.
7
8	WHEREAS, those who hold a license to practice professional
9	or practical nursing in the Commonwealth of Puerto Rico are
10	subject to requirements for licensure that are substantially
11	equivalent to or more stringent than those existing in Florida,
12	and
13	WHEREAS, nurses in Puerto Rico are educated and tested in
14	the English language, and
15	WHEREAS, the acute nursing shortage in Florida can be
16	substantially relieved by endorsing applicants who hold a valid
17	license in Puerto Rico and now live in Florida, NOW, THEREFORE,
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Section 464.009, Florida Statutes, is amended
22	to read:
23	464.009 Licensure by endorsement.--
24	(1) The department shall issue the appropriate license by
25	endorsement to practice professional or practical nursing to an
26	applicant who, upon applying to the department and remitting a
27	fee set by the board not to exceed $100, demonstrates to the
28	board that he or she:
29	(a) Holds a valid license to practice professional or
30	practical nursing in another state or territory of the United
31	States, provided that, when the applicant secured his or her
32	original license, the requirements for licensure were
33	substantially equivalent to or more stringent than those
34	existing in Florida at that time;
35	(b) Meets the qualifications for licensure in s. 464.008
36	and has successfully completed a state, regional, or national
37	examination which is substantially equivalent to or more
38	stringent than the examination given by the department; or
39	(c) Holds a valid license to practice professional or
40	practical nursing in the Commonwealth of Puerto Rico; or
41	(d)(c)Has actively practiced nursing in another state,
42	jurisdiction, or territory of the United States for 2 of the
43	preceding 3 years without having his or her license acted
44	against by the licensing authority of any jurisdiction.
45	Applicants who become licensed pursuant to this paragraph must
46	complete within 6 months after licensure a Florida laws and
47	rules course that is approved by the board. Once the department
48	has received the results of the national criminal history check
49	and has determined that the applicant has no criminal history,
50	the appropriate license by endorsement shall be issued to the
51	applicant. This paragraph is repealed July 1, 2004, unless
52	reenacted by the Legislature.
53
54	(2)For purposes of this subsection,Suchexaminations and
55	requirements from other states and territories of the United
56	States shall be presumed to be substantially equivalent to or
57	more stringent than those in this state. Such presumption shall
58	not arise until January 1, 1980. However, the board may, by
59	rule, specify states and territories the examinations and
60	requirements of which shall not be presumed to be substantially
61	equivalent to those of this state.
62	(2)(3)The applicant must submit to the department a set
63	of fingerprints on a form and under procedures specified by the
64	department, along with a payment in an amount equal to the costs
65	incurred by the Department of Health for the criminal background
66	check of the applicant. The Department of Health shall submit
67	the fingerprints provided by the applicant to the Florida
68	Department of Law Enforcement for a statewide criminal history
69	check, and the Florida Department of Law Enforcement shall
70	forward the fingerprints to the Federal Bureau of Investigation
71	for a national criminal history check of the applicant. The
72	Department of Health shall review the results of the criminal
73	history check, issue a license to an applicant who has met all
74	of the other requirements for licensure and has no criminal
75	history, and shall refer all applicants with criminal histories
76	back to the board for determination as to whether a license
77	should be issued and under what conditions.
78	(3)(4)The department shall not issue a license by
79	endorsement to any applicant who is under investigation in
80	another state, jurisdiction, or territory of the United States
81	for an act which would constitute a violation of this part or
82	chapter 456 until such time as the investigation is complete, at
83	which time the provisions of s. 464.018 shall apply.
84	(4)(5)The department shall develop an electronic
85	applicant notification process and provide electronic
86	notification when the application has been received and when
87	background screenings have been completed, and shall issue a
88	license within 30 days after completion of all required data
89	collection and verification. This 30-day period to issue a
90	license shall be tolled if the applicant must appear before the
91	board due to information provided on the application or obtained
92	through screening and data collection and verification
93	procedures.
94	Section 2. This act shall take effect July 1, 2003.