HB 0121A 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; establishing the
9	Office of Minority Health within the department; amending
10	s. 154.01, F.S.; providing for environmental health
11	services to include investigations of elevated blood lead
12	levels; authorizing the expenditure of funds for such
13	investigations; creating s. 216.342, F.S.; authorizing the
14	expenditure of funds of the United States Trust Fund for
15	the operation of the Division of Disability
16	Determinations; amending s. 381.0011, F.S.; revising
17	duties of the Department of Health with respect to injury
18	prevention and control; amending s. 381.004, F.S.;
19	revising requirements for the release of HIV test results;
20	amending s. 381.0065, F.S., relating to onsite sewage
21	treatment and disposal systems; clarifying a definition;
22	deleting obsolete provisions; amending s. 381.0072, F.S.;
23	clarifying provisions governing the authority of the
24	Department of Health to adopt and enforce sanitation
25	rules; revising exemptions; creating s. 381.104, F.S.;
26	authorizing state agencies to establish employee health
27	and wellness programs; providing requirements for the
28	programs; requiring the use of an employee health and
29	wellness activity agreement form; requiring an evaluation
30	and improvement process for the program; requiring the
31	Department of Health to provide model program guidelines;
32	amending ss. 381.7353 and 381.7355, F.S.; including oral
33	health care in the Closing the Gap grant program;
34	conforming a cross reference; creating s. 381.86, F.S.;
35	creating the Review Council for Human Subjects within the
36	Department of Health; providing duties and membership;
37	providing for reimbursement for per diem and travel
38	expenses; requiring the department to charge for costs
39	incurred by the council for research oversight; providing
40	an exception; amending s. 381.89, F.S.; revising the fees
41	imposed for the licensure of tanning facilities; amending
42	s. 381.90, F.S.; revising the membership of the Health
43	Information Systems Council; revising the date for
44	submitting an annual plan; amending s. 383.14, F.S.;
45	clarifying provisions with respect to the screening of
46	newborns; amending s. 384.25, F.S.; revising requirements
47	for the reporting of sexually transmissible diseases;
48	requiring the Department of Health to adopt rules relating
49	to newborns or infants exposed to HIV; amending s.
50	385.204, F.S.; revising requirements for the purchase and
51	distribution of insulin by the Department of Health;
52	amending s. 391.021, F.S.; redefining the term "children
53	with special health care needs" for purposes of the
54	Children's Medical Services Act; amending s. 391.025,
55	F.S.; revising applicability and scope of the act;
56	amending s. 391.029, F.S.; revising requirements for
57	program eligibility; amending s. 391.055, F.S.; requiring
58	the referral to the Children's Medical Services network of
59	a newborn having a certain abnormal screening result;
60	creating s. 391.309, F.S.; establishing the Florida
61	Infants and Toddlers Early Intervention Program; providing
62	requirements for the Department of Health under the
63	program; requiring certain federal waivers; amending s.
64	393.064, F.S.; transferring to the Department of Health
65	authority for the supervision and management of the
66	Raymond C. Philips Research and Education Unit; amending
67	s. 394.4615, F.S.; limiting a patient's access to his or
68	her records where the patient's life or safety is
69	endangered; amending s. 394.9151, F.S.; authorizing the
70	Department of Children and Family Services to contract
71	with the Correctional Medical Authority to conduct surveys
72	of medical services and to provide medical quality
73	assurance and improvement assistance at secure confinement
74	and treatment facilities for certain persons; amending s.
75	395.3025, F.S.; clarifying access to patient records for
76	professional disciplinary purposes and for research
77	purposes; amending s. 395.404, F.S.; revising requirements
78	for reports to the Department of Health concerning certain
79	brain or spinal cord injuries; amending s. 395.7015, F.S.;
80	conforming cross references; amending s. 400.141, F.S.;
81	requiring copies of records to be provided to the
82	Department of Health upon subpoena; amending s. 400.145,
83	F.S.; requiring certification of copies of records
84	requested pursuant to subpoena or patient release;
85	amending s. 400.211, F.S.; reducing inservice training
86	hours for nursing assistants; creating s. 400.455, F.S.;
87	requiring a certified copy of subpoenaed records under
88	certain circumstances; amending s. 401.113, F.S.;
89	providing for the use of funds generated from interest on
90	certain grant moneys dispensed from the Emergency Medical
91	Services Trust Fund; amending s. 401.211, F.S.; providing
92	legislative intent with respect to a comprehensive
93	statewide injury prevention and control program; creating
94	s. 401.243, F.S.; providing duties of the Department of
95	Health in operating the program; amending s. 401.27, F.S.;
96	authorizing electronically submitted applications for
97	certification or recertification as an emergency medical
98	technician or a paramedic; removing a provision
99	authorizing a temporary certificate; revising requirements
100	for an insignia identifying such person; requiring
101	submission of information and fingerprints for a criminal
102	history check; requiring fees; providing additional
103	grounds for denial of certification or recertification;
104	providing for certain exemptions; amending s. 401.2701,
105	F.S.; requiring emergency medical services training
106	programs to advise students of certification and
107	regulatory requirements; amending s. 401.2715, F.S.;
108	requiring recognition, upon application, of entities
109	approved by the Continuing Education Coordinating Board
110	for Emergency Medical Services for recertification
111	training; amending s. 401.272, F.S.; providing that
112	paramedics may provide life support services in hospital
113	emergency departments under certain circumstances;
114	amending s. 404.056, F.S.; revising requirements for
115	mandatory testing of certain buildings and facilities for
116	radon; amending s. 409.814, F.S.; authorizing certain
117	children to participate in the Florida Healthy Kids
118	program or the Medikids program; amending s. 455.227,
119	F.S.; conforming a cross reference; amending s. 456.017,
120	F.S.; providing for electronic posting of examination
121	scores; amending s. 456.025, F.S.; deleting the
122	requirement for the Department of Health to develop and
123	maintain a continuing education tracking system; amending
124	s. 456.0375, F.S.; providing exemption from registration
125	for community college and university clinics; providing
126	distinction between supervision of administrative services
127	and supervision of health care delivery services;
128	providing exemption from registration for clinical
129	facilities where training is provided by certain medical
130	schools; amending s. 456.039, F.S.; deleting a cross
131	reference; amending s. 456.049, F.S.; specifying amount of
132	final professional liability claims to be reported for
133	physicians and dentists; amending s. 456.063, F.S.;
134	providing professional regulatory boards, or the
135	Department of Health if there is no board, rulemaking
136	authority for reporting allegations of sexual misconduct;
137	amending s. 456.072, F.S.; clarifying grounds for
138	discipline for performing or attempting to perform health
139	care services on the wrong patient or that are otherwise
140	wrong or unnecessary or leaving a foreign body in the
141	patient; providing for discipline for prescribing,
142	administering, dispensing, or distributing certain
143	medications without a valid professional relationship;
144	providing for additional costs to be assessed as part of
145	any penalty or other form of discipline; requiring clear
146	and convincing evidence to revoke or suspend a license and
147	the greater weight of the evidence for other forms of
148	discipline; conforming a cross reference; amending s.
149	456.073, F.S.; extending the time within which the subject
150	of an investigation may submit a written response to the
151	information in the complaint or other documentation;
152	requiring the Department of Health to give 45 days' notice
153	to the Division of Administrative Hearings when a hearing
154	is needed; requiring the division to charge its expenses
155	to the Medical Quality Assurance Trust Fund; providing for
156	certain fees and charges; amending s. 456.077, F.S.;
157	providing that citations for first offenses do not
158	constitute discipline; deleting the required period for
159	issuing a citation; amending s. 456.078, F.S.; requiring
160	designation of certain violations as appropriate for
161	mediation; excluding certain violations from mediation;
162	requiring successful mediation to include a statement of
163	whether of not the resolution constitutes discipline;
164	requiring payment for the administrative costs of
165	mediation; prohibiting mediation more than once involving
166	a breach of the standard of care for health care
167	professionals; providing rulemaking authority; amending s.
168	458.303, F.S.; conforming cross references; amending s.
169	458.311, F.S.; consolidating and revising provisions
170	relating to requirements for licensure of physicians;
171	amending s. 458.3124, F.S.; conforming a cross reference;
172	amending s. 458.315, F.S.; consolidating and revising
173	provisions relating to requirements for limited licensure
174	of physicians; amending s. 458.319, F.S.; deleting a cross
175	reference; amending s. 458.320, F.S.; conforming a cross
176	reference; creating s. 458.3215, F.S.; providing for
177	reactivation of a physician's license for clinical
178	research purposes; providing for fees and continuing
179	education; amending s. 458.331, F.S.; increasing the
180	threshold amount of claims against a physician that
181	represent repeated malpractice; revising a reporting
182	requirement to conform; reducing the time period for a
183	physician to respond to information contained in a
184	complaint or other documentation; amending ss. 458.345 and
185	458.347, F.S.; conforming cross references; amending s.
186	459.008, F.S.; deleting a cross reference; creating s.
187	459.0091, F.S.; providing for reactivation of an
188	osteopathic physician's license for clinical research
189	purposes; providing for fees and continuing education;
190	amending s. 459.015, F.S.; increasing the threshold amount
191	of claims against an osteopathic physician that represent
192	repeated malpractice; revising a reporting requirement to
193	conform; reducing the time period for an osteopathic
194	physician to respond to information contained in a
195	complaint or other documentation; amending s. 460.406,
196	F.S.; revising an accrediting agency for chiropractic
197	education; amending s. 460.413, F.S.; reducing the time
198	period for a chiropractic physician to respond to
199	information contained in a complaint or other
200	documentation; amending s. 461.013, F.S.; increasing the
201	threshold amount of claims against a podiatric physician
202	that represent repeated malpractice; revising a reporting
203	requirement to conform; reducing the time period for a
204	podiatric physician to respond to information contained in
205	a complaint or other documentation; amending s. 463.006,
206	F.S.; revising an accrediting agency for optometry
207	education; amending s. 464.0205, F.S.; conforming a cross
208	reference; amending s. 464.203, F.S.; clarifying
209	requirements for criminal history checks of certified
210	nursing assistants; reducing the hours of inservice
211	training required each year; providing for biennial
212	renewal of certification, including fees; amending s.
213	464.204, F.S.; revising a ground for disciplinary action
214	for specificity and removal of the requirement of
215	intentionality; amending s. 465.016, F.S.; providing for
216	disciplinary action against a pharmacist for compounding,
217	dispensing, or distributing legend drugs not prescribed in
218	the course of a valid professional relationship; amending
219	s. 467.009, F.S.; revising an accrediting agency for
220	midwifery education and the licensing agency for midwives;
221	amending s. 467.013, F.S.; providing for inactive
222	licensure status for midwives pursuant to rule of the
223	Department of Health and deleting statutory provisions to
224	conform; amending s. 467.0135, F.S.; clarifying language
225	for licensure status and fees for midwives; amending s.
226	467.017, F.S.; requiring a midwife's emergency care plan
227	to be available upon request of the Department of Health;
228	amending s. 468.302, F.S.; authorizing a nuclear medicine
229	technologist to administer certain X radiation; excluding
230	such technologist from creating or modifying certain
231	tomography protocols and operating certain tomography
232	devices; amending s. 468.352, F.S.; revising definitions
233	applicable to regulation of respiratory therapy; amending
234	s. 468.355, F.S.; revising licensure requirements to
235	practice respiratory therapy; amending s. 468.368, F.S.;
236	revising requirements for exemptions from respiratory care
237	regulation; amending s. 468.509, F.S.; revising an
238	accrediting agency for education of dietitians and
239	nutritionists; amending s. 468.707, F.S.; revising an
240	accrediting agency for education of athletic trainers;
241	deleting a provision relating to a continuing education
242	course on HIV/AIDS for initial licensure as an athletic
243	trainer; amending ss. 486.031 and 486.102, F.S.; revising
244	an accrediting agency for education of physical therapists
245	and physical therapist assistants; amending s. 489.553,
246	F.S.; revising registration requirements for master septic
247	tank contractors; amending s. 489.554, F.S.; revising
248	registration renewal requirements for such contractors;
249	providing for inactive status and reactivation of
250	registration; amending ss. 490.005 and 491.005, F.S.;
251	revising an accrediting agency for education of
252	psychologists and psychotherapists; revising requirements
253	for licensure as a clinical social worker; amending s.
254	491.0145, F.S.; prohibiting the licensure of a certified
255	master social worker if not licensed before a certain
256	date; creating s. 491.0146, F.S.; providing a saving
257	clause for a certified master social worker licensed from
258	a certain date; amending s. 491.0147, F.S.; providing
259	exemption from liability for disclosure of confidential
260	information under certain circumstances; amending s.
261	499.003, F.S.; redefining the term "compressed medical
262	gas" for purposes of the Florida Drug and Cosmetic Act;
263	amending s. 499.007, F.S.; revising requirements for
264	labeling medicinal drugs; amending s. 499.01, F.S.;
265	authorizing the department to issue a prescription drug
266	manufacturer permit to a nuclear pharmacy that is a health
267	care entity; amending s. 499.0121, F.S.; providing
268	requirements for retaining inventories and records;
269	transferring and renumbering s. 501.122, F.S., relating to
270	the control of nonionizing radiations; amending s.
271	627.912, F.S.; requiring insurers to report to the
272	Department of Health final claims in certain amounts for
273	physicians, osteopathic physicians, podiatric physicians,
274	and dentists; amending s. 766.101, F.S.; including certain
275	university committees as medical review committees;
276	amending s. 766.314, F.S.; exempting children born in
277	certain family practice teaching hospitals from fee
278	assessments used to finance the Florida Birth-Related
279	Neurological Injury Compensation Plan; conforming a cross
280	reference; amending s. 784.081, F.S.; providing for the
281	reclassification of the offense of assault or battery if
282	committed on an employee of the Department of Health or
283	upon a direct service contract provider of the department;
284	amending s. 817.567, F.S.; revising an accrediting agency
285	for institutions awarding academic degrees and titles;
286	creating s. 945.6038, F.S.; authorizing the Correctional
287	Medical Authority to contract with other agencies to
288	provide medical quality improvement services; amending s.
289	1009.992, F.S.; revising the definition of the term
290	"institution" to update a reference to an accrediting
291	agency; amending s. 1012.46, F.S.; revising provisions
292	relating to athletic trainers in school districts;
293	removing a legislative goal; clarifying a cross reference;
294	providing for payments by the Department of Health and the
295	Division of Administrative Hearings with respect to
296	billings for hearings; requiring a joint audit of hearings
297	and billings of the Division of Administrative Hearings;
298	requiring a report to the Legislature on billing practices
299	of the Division of Administrative Hearings; requiring the
300	Department of Health, in consultation with specified
301	educational institutions, to conduct a study with respect
302	to using skills of foreign-trained physicians to practice
303	as physician assistants in this state and to report the
304	results and recommendations to the Governor and
305	Legislature; repealing s. 381.0098(9), F.S., relating to
306	obsolete transition provisions concerning biomedical
307	waste; repealing s. 381.85, F.S., relating to biomedical
308	and social research; repealing s. 385.103(2)(f), F.S.,
309	relating to rulemaking authority of the department with
310	respect to the operation of community intervention
311	programs; repealing s. 385.205, F.S., relating to programs
312	in kidney disease control; repealing s. 385.209, F.S.,
313	relating to dissemination of information on cholesterol
314	health risks; repealing s. 445.033(7), F.S., relating to
315	an exemption from biomedical and social research
316	requirements for evaluations of TANF-funded programs
317	conducted by Workforce Florida, Inc.; repealing s.
318	456.031, F.S., relating to a requirement for instruction
319	on domestic violence; repealing s. 456.033, F.S., relating
320	to requirement for instruction on HIV and AIDS for certain
321	licensees; repealing s. 456.034, F.S., relating to
322	requirement for instruction on HIV and AIDS for athletic
323	trainers and massage therapists; repealing s. 458.313,
324	F.S., relating to physician licensure by endorsement;
325	repealing s. 458.316, F.S., relating to public health
326	certificates; repealing s. 458.3165, F.S., relating to
327	public psychiatry certificates; repealing s. 458.317,
328	F.S., relating to limited licenses for physicians;
329	repealing s. 468.356, F.S., relating to approval of
330	educational programs for respiratory therapy licensure;
331	repealing s. 468.357, F.S., relating to respiratory
332	therapy licensure by examination; repealing s. 468.711(3),
333	F.S., relating to a continuing education course on
334	HIV/AIDS for athletic trainers seeking relicensure;
335	providing for construction of the act in pari materia with
336	laws enacted during the 2003 Regular Session of the
337	Legislature; providing an effective date.
338
339	Be It Enacted by the Legislature of the State of Florida:
340
341	Section 1. Subsection (5) of section 17.41, Florida
342	Statutes, is amended to read:
343	17.41 Department of Banking and Finance Tobacco Settlement
344	Clearing Trust Fund.--
345	(5) The department shall disburse funds, by nonoperating
346	transfer, from the Tobacco Settlement Clearing Trust Fund to the
347	tobacco settlement trust funds of the various agencies or the
348	Biomedical Research Trust Fund within the Department of Health,
349	as appropriate,in amounts equal to the annual appropriations
350	made from those agencies' trust funds in the General
351	Appropriations Act.
352	Section 2. Paragraphs (f) and (j) of subsection (3) of
353	section 20.43, Florida Statutes, are amended, paragraph (k) is
354	added to said subsection, subsections (4) through (8) are
355	renumbered as subsections (5) through (9), respectively, and a
356	new subsection (4) is added to said section, to read:
357	20.43 Department of Health.--There is created a Department
358	of Health.
359	(3) The following divisions of the Department of Health
360	are established:
361	(f) Division of Emergency Medical OperationsServices and
362	Community Health Resources.
363	(j) Division of Health AccessAwarenessand Tobacco.
364	(k) Division of Disability Determinations.
365	(4) There is established within the Department of Health
366	the Office of Minority Health.
367	Section 3. Paragraph (a) of subsection (2) and subsection
368	(3) of section 154.01, Florida Statutes, are amended to read:
369	154.01 County health department delivery system.--
370	(2) A functional system of county health department
371	services shall be established which shall include the following
372	three levels of service and be funded as follows:
373	(a) "Environmental health services" are those services
374	which are organized and operated to protect the health of the
375	general public by monitoring and regulating activities in the
376	environment which may contribute to the occurrence or
377	transmission of disease. Environmental health services shall be
378	supported by available federal, state, and local funds and shall
379	include those services mandated on a state or federal level.
380	Examples of environmental health services include, but are not
381	limited to, food hygiene, investigations of elevated blood lead
382	levels,safe drinking water supply, sewage and solid waste
383	disposal, swimming pools, group care facilities, migrant labor
384	camps, toxic material control, radiological health, occupational
385	health, and entomology.
386	(3) The Department of Health shall enter into contracts
387	with the several counties for the purposes of this part. All
388	contracts shall be negotiated and approved by the appropriate
389	local governing bodies and the appropriate district
390	administrators on behalf of the department. In accordance with
391	federal guidelines, the state may utilize federal funds for
392	county health department services. A standard contract format
393	shall be developed and used by the department in contract
394	negotiations. The contract shall include the three levels of
395	county health department services outlined in subsection (2)
396	above and shall contain a section which stipulates, for the
397	contract year:
398	(a) All revenue sources, including federal, state, and
399	local general revenue, fees, and other cash contributions, which
400	shall be used by the county health department for county health
401	department services.;
402	(b) The types of services to be provided in each level of
403	service. Each participating county may expend funds for
404	federally mandated certification or recertification fees related
405	to investigations of elevated blood lead levels as provided
406	under paragraph (2)(a).;
407	(c) The estimated number of clients, where applicable, who
408	will be served, by type of service.;
409	(d) The estimated number of services, where applicable,
410	that will be provided, by type of service.;
411	(e) The estimated number of staff positions (full-time
412	equivalent positions) who will work in each type of service
413	area.; and
414	(f) The estimated expenditures for each type of service
415	and for each level of service.
416
417	The contract shall also provide for financial and service
418	reporting for each type of service according to standard service
419	and reporting procedures established by the department.
420	Section 4. Section 216.342, Florida Statutes, is created
421	to read:
422	216.342 Disbursement of funds of the United States Trust
423	Fund.--Funds of the United States Trust Fund may be expended by
424	the Department of Health in accordance with the budget and plans
425	agreed upon by the Social Security Administration and the
426	Department of Health for the operation of the Division of
427	Disability Determinations. The limitations on appropriations
428	provided in s. 216.262(1) do not apply to the United States
429	Trust Fund.
430	Section 5. Subsection (12) of section 381.0011, Florida
431	Statutes, is amended to read:
432	381.0011 Duties and powers of the Department of
433	Health.--It is the duty of the Department of Health to:
434	(12) MaintainCooperate with other departments, local
435	officials, and private organizations in developing and
436	implementing a statewide injury prevention andcontrol program.
437	Section 6. Paragraph (d) of subsection (3) of section
438	381.004, Florida Statutes, is amended to read:
439	381.004 HIV testing.--
440	(3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
441	CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
442	(d) No test result shall be determined as positive, and no
443	positive test result shall be revealed to any person, without
444	corroborating or confirmatory tests being conducted except in
445	the following situations:
446	1. Preliminary test results may be released to licensed
447	physicians or the medical or nonmedical personnel subject to the
448	significant exposure for purposes of subparagraphs (h)10., 11.,
449	and 12.
450	2. Preliminary test results may be released to health care
451	providers and to the person tested when decisions about medical
452	care or treatment of, or recommendation to, the person tested
453	and, in the case of an intrapartum or postpartum woman, when
454	care, treatment, or recommendations regarding her newborn,
455	cannot await the results of confirmatory testing. Positive
456	preliminary HIV test results shall not be characterized to the
457	patient as a diagnosis of HIV infection. Justification for the
458	use of preliminary test results must be documented in the
459	medical record by the health care provider who ordered the test.
460	This subparagraph does not authorize the release of preliminary
461	test results for the purpose of routine identification of HIV-
462	infected individuals or when HIV testing is incidental to the
463	preliminary diagnosis or care of a patient. Corroborating or
464	confirmatory testing must be conducted as followup to a positive
465	preliminary test.
466	3. Positive rapid test results are considered preliminary
467	and may be released in accordance with the manufacturer's
468	instructions as approved by the United States Food and Drug
469	Administration. Positive rapid test results require confirmatory
470	testing for diagnosis and reporting of HIV infection.
471
472	Results shall be communicated to the patient according to
473	statute regardless of the outcome. Except as provided in this
474	section, test results are confidential and exempt from the
475	provisions of s. 119.07(1).
476	Section 7. Paragraph (k) of subsection (2) and paragraph
477	(j) of subsection (4) of section 381.0065, Florida Statutes, are
478	amended to read:
479	381.0065 Onsite sewage treatment and disposal systems;
480	regulation.--
481	(2) DEFINITIONS.--As used in ss. 381.0065-381.0067, the
482	term:
483	(k) "Permanent nontidal surface water body" means a
484	perennial stream, a perennial river, an intermittent stream, a
485	perennial lake, a submerged marsh or swamp, a submerged wooded
486	marsh or swamp, a spring, or a seep, as identified on the most
487	recent quadrangle map, 7.5 minute series (topographic), produced
488	by the United States Geological Survey, or products derived from
489	that series. "Permanent nontidal surface water body" shall also
490	mean an artificial surface water body that does not have an
491	impermeable bottom and side and that is designed to hold, or
492	does hold, visible standing water for at least 180 days of the
493	year. However, a nontidal surface water body that is drained,
494	either naturally or artificially, where the intent or the result
495	is that such drainage be temporary, shall be considered a
496	permanent nontidal surface water body. A nontidal surface water
497	body that is drained of all visible surface water, where the
498	lawful intent or the result of such drainage is that such
499	drainage will be permanent, shall not be considered a permanent
500	nontidal surface water body. The boundary of a permanent
501	nontidal surface water body shall be the mean annual flood line.
502	(4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may
503	not construct, repair, modify, abandon, or operate an onsite
504	sewage treatment and disposal system without first obtaining a
505	permit approved by the department. The department may issue
506	permits to carry out this section, but shall not make the
507	issuance of such permits contingent upon prior approval by the
508	Department of Environmental Protection. A construction permit is
509	valid for 18 months from the issuance date and may be extended
510	by the department for one 90-day period under rules adopted by
511	the department. A repair permit is valid for 90 days from the
512	date of issuance. An operating permit must be obtained prior to
513	the use of any aerobic treatment unit or if the establishment
514	generates commercial waste. Buildings or establishments that use
515	an aerobic treatment unit or generate commercial waste shall be
516	inspected by the department at least annually to assure
517	compliance with the terms of the operating permit. The operating
518	permit for a commercial wastewater system is valid for 1 year
519	from the date of issuance and must be renewed annually. The
520	operating permit for an aerobic treatment unit is valid for 2
521	years from the date of issuance and must be renewed every 2
522	years. If all information pertaining to the siting, location,
523	and installation conditions or repair of an onsite sewage
524	treatment and disposal system remains the same, a construction
525	or repair permit for the onsite sewage treatment and disposal
526	system may be transferred to another person, if the transferee
527	files, within 60 days after the transfer of ownership, an
528	amended application providing all corrected information and
529	proof of ownership of the property. There is no fee associated
530	with the processing of this supplemental information. A person
531	may not contract to construct, modify, alter, repair, service,
532	abandon, or maintain any portion of an onsite sewage treatment
533	and disposal system without being registered under part III of
534	chapter 489. A property owner who personally performs
535	construction, maintenance, or repairs to a system serving his or
536	her own owner-occupied single-family residence is exempt from
537	registration requirements for performing such construction,
538	maintenance, or repairs on that residence, but is subject to all
539	permitting requirements. A municipality or political subdivision
540	of the state may not issue a building or plumbing permit for any
541	building that requires the use of an onsite sewage treatment and
542	disposal system unless the owner or builder has received a
543	construction permit for such system from the department. A
544	building or structure may not be occupied and a municipality,
545	political subdivision, or any state or federal agency may not
546	authorize occupancy until the department approves the final
547	installation of the onsite sewage treatment and disposal system.
548	A municipality or political subdivision of the state may not
549	approve any change in occupancy or tenancy of a building that
550	uses an onsite sewage treatment and disposal system until the
551	department has reviewed the use of the system with the proposed
552	change, approved the change, and amended the operating permit.
553	(j) An onsite sewage treatment and disposal system for a
554	single-family residence that is designed by a professional
555	engineer registered in the state and certified by such engineer
556	as complying with performance criteria adopted by the department
557	must be approved by the department subject to the following:
558	1. The performance criteria applicable to engineer-
559	designed systems must be limited to those necessary to ensure
560	that such systems do not adversely affect the public health or
561	significantly degrade the groundwater or surface water. Such
562	performance criteria shall include consideration of the quality
563	of system effluent, the proposed total sewage flow per acre,
564	wastewater treatment capabilities of the natural or replaced
565	soil, water quality classification of the potential surface-
566	water-receiving body, and the structural and maintenance
567	viability of the system for the treatment of domestic
568	wastewater. However, performance criteria shall address only
569	the performance of a system and not a system's design.
570	2. The technical review and advisory panel shall assist
571	the department in the development of performance criteria
572	applicable to engineer-designed systems. Workshops on the
573	development of the rules delineating such criteria shall
574	commence not later than September 1, 1996, and the department
575	shall advertise such rules for public hearing no later than
576	October 1, 1997.
577	3. A person electing to utilize an engineer-designed
578	system shall, upon completion of the system design, submit such
579	design, certified by a registered professional engineer, to the
580	county health department. The county health department may
581	utilize an outside consultant to review the engineer-designed
582	system, with the actual cost of such review to be borne by the
583	applicant. Within 5 working days after receiving an engineer-
584	designed system permit application, the county health department
585	shall request additional information if the application is not
586	complete. Within 15 working days after receiving a complete
587	application for an engineer-designed system, the county health
588	department either shall issue the permit or, if it determines
589	that the system does not comply with the performance criteria,
590	shall notify the applicant of that determination and refer the
591	application to the department for a determination as to whether
592	the system should be approved, disapproved, or approved with
593	modification. The department engineer's determination shall
594	prevail over the action of the county health department. The
595	applicant shall be notified in writing of the department's
596	determination and of the applicant's rights to pursue a variance
597	or seek review under the provisions of chapter 120.
598	4. The owner of an engineer-designed performance-based
599	system must maintain a current maintenance service agreement
600	with a maintenance entity permitted by the department. The
601	maintenance entity shall obtain a biennial system operating
602	permit from the department for each system under service
603	contract. The department shall inspect the system at least
604	annually, or on such periodic basis as the fee collected
605	permits, and may collect system-effluent samples if appropriate
606	to determine compliance with the performance criteria. The fee
607	for the biennial operating permit shall be collected beginning
608	with the second year of system operation. The maintenance entity
609	shall inspect each system at least twice each year and shall
610	report quarterly to the department on the number of systems
611	inspected and serviced.
612	5. If an engineer-designed system fails to properly
613	function or fails to meet performance standards, the system
614	shall be re-engineered, if necessary, to bring the system into
615	compliance with the provisions of this section.
616	Section 8. Paragraph (a) of subsection (2) of section
617	381.0072, Florida Statutes, is amended to read:
618	381.0072 Food service protection.--It shall be the duty of
619	the Department of Health to adopt and enforce sanitation rules
620	consistent with law to ensure the protection of the public from
621	food-borne illness. These rules shall provide the standards and
622	requirements for the storage, preparation, serving, or display
623	of food in food service establishments as defined in this
624	section and which are not permitted or licensed under chapter
625	500 or chapter 509.
626	(2) DUTIES.--
627	(a) The department shall adopt rules, including
628	definitions of terms which are consistent with law prescribing
629	minimum sanitation standards and manager certification
630	requirements as prescribed in s. 509.039, and which shall be
631	enforced in food service establishments as defined in this
632	section. The sanitation standards must address the construction,
633	operation, and maintenance of the establishment; lighting,
634	ventilation, laundry rooms, lockers, use and storage of toxic
635	materials and cleaning compounds, and first-aid supplies; plan
636	review; design, construction, installation, location,
637	maintenance, sanitation, and storage of food equipment and
638	utensils; employee training, health, hygiene, and work
639	practices; food supplies, preparation, storage, transportation,
640	and service, including access to the areas where food is stored
641	or prepared; and sanitary facilities and controls, including
642	water supply and sewage disposal; plumbing and toilet
643	facilities; garbage and refuse collection, storage, and
644	disposal; and vermin control. Public and private schools if the
645	food service is operated by school employees, hospitals licensed
646	under chapter 395, nursing homes licensed under part II of
647	chapter 400, child care facilities as defined in s. 402.301, and
648	residential facilities colocated with a nursing home or hospital
649	if all food is prepared in a central kitchen that complies with
650	nursing or hospital regulations, and bars and loungesshall be
651	exempt from the rules developed for manager certification. The
652	department shall administer a comprehensive inspection,
653	monitoring, and sampling program to ensure such standards are
654	maintained. With respect to food service establishments
655	permitted or licensed under chapter 500 or chapter 509, the
656	department shall assist the Division of Hotels and Restaurants
657	of the Department of Business and Professional Regulation and
658	the Department of Agriculture and Consumer Services with
659	rulemaking by providing technical information.
660	Section 9. Section 381.104, Florida Statutes, is created
661	to read:
662	381.104 Employee health and wellness program.--
663	(1) Each state agency may allocate, from existing
664	resources, the necessary funding and facilities for the
665	development and maintenance of an employee health and wellness
666	program and may seek additional funding from other sources to
667	support the program for the benefit of the agency's employees.
668	(2) Each state agency may dedicate resources to develop
669	and coordinate an employee health and wellness program or
670	arrange to cooperate with other agencies in their geographic
671	proximity for program coordination, including providers of state
672	employee benefits.
673	(3) Each state agency may establish an employee health and
674	wellness coordinator and an advisory committee to guide the
675	development of an operational plan, including the collection of
676	data, to plan events and activities, and to oversee program
677	evaluation and the allocation of funds.
678	(4) Each state agency may conduct and dedicate resources
679	toward an employee needs assessment to ascertain the health-and-
680	wellness-related needs of its employees.
681	(5) Each state agency may establish policies that allow
682	employees no longer than 30 minutes of work time three times
683	each week, as individual workloads allow, which may be used for
684	the purpose of engaging in health and wellness activities,
685	including physical activity, stress-reduction programs, tobacco
686	cessation, personal training, nutrition counseling, or weight
687	reduction and control.
688	(6) Each state agency participating in the program must
689	use an employee health and wellness activity agreement form,
690	which must be completed and signed by the employee, signed by
691	the employee's immediate supervisor, and kept in the employee's
692	personnel file prior to participating in any activity. This form
693	shall be developed by the Department of Health. It is the
694	responsibility of the employee to complete the form, including
695	the time of the workday the health and wellness activity will be
696	observed and on which days of the week, obtain the signature of
697	his or her supervisor, and submit the form to the personnel
698	office. The employee must submit a revised employee health and
699	wellness activity agreement form prior to any change in the
700	employee's activities.
701	(7) Each state agency may designate up to 1 hour each
702	month for the purpose of providing health and wellness training
703	for its employees.
704	(8) Each state agency may use e-mail and other
705	communication systems to promote the agency's employee health
706	and wellness activities.
707	(9) Each state agency may, and is encouraged to:
708	(a) Enter into an agreement or contract with other state
709	agencies, including a state-supported college or university, or
710	with a local or federal department, institution, commission,
711	agency, or private enterprise to present, collaborate, or
712	participate jointly in health or wellness education or activity
713	programs.
714	(b) Implement as a part of the employee health and
715	wellness program health education activities that focus on skill
716	development and lifestyle behavior change, along with
717	information dissemination and awareness building, preferably
718	tailored to an employee's interests and needs.
719	(c) Review and offer recommendations on environmental and
720	social support policies that pertain to improving the health of
721	employees.
722	(d) Link the employee health and wellness program to
723	programs such as the employee assistance program and other
724	related programs to help employees balance work and family.
725	(e) Offer free, low-cost, or employee-fee-based employee
726	health and wellness programs.
727	(10) Each agency that develops and implements an employee
728	health and wellness program shall include and document an
729	evaluation and improvement process to help enhance the program's
730	efficiency and effectiveness over time.
731	(11) The Department of Health shall provide model program
732	guidelines for the employee health and wellness program and
733	shall provide ongoing technical assistance to other state
734	agencies to assist in developing the agency's employee health
735	and wellness program.
736	Section 10. Paragraph (e) of subsection (2) and subsection
737	(3) of section 381.7353, Florida Statutes, are amended to read:
738	381.7353 Reducing Racial and Ethnic Health Disparities:
739	Closing the Gap grant program; administration; department
740	duties.--
741	(2) The department shall:
742	(e) Coordinate with existing community-based programs,
743	such as chronic disease community intervention programs, cancer
744	prevention and control programs, diabetes control programs, oral
745	health care programs,the Healthy Start program, the Florida
746	KidCare Program, the HIV/AIDS program, immunization programs,
747	and other related programs at the state and local levels, to
748	avoid duplication of effort and promote consistency.
749	(3) Pursuant to s. 20.43(7)(6), the secretary may appoint
750	an ad hoc advisory committee to: examine areas where public
751	awareness, public education, research, and coordination
752	regarding racial and ethnic health outcome disparities are
753	lacking; consider access and transportation issues which
754	contribute to health status disparities; and make
755	recommendations for closing gaps in health outcomes and
756	increasing the public's awareness and understanding of health
757	disparities that exist between racial and ethnic populations.
758	Section 11. Paragraph (a) of subsection (2) of section
759	381.7355, Florida Statutes, is amended to read:
760	381.7355 Project requirements; review criteria.--
761	(2) A proposal must include each of the following
762	elements:
763	(a) The purpose and objectives of the proposal, including
764	identification of the particular racial or ethnic disparity the
765	project will address. The proposal must address one or more of
766	the following priority areas:
767	1. Decreasing racial and ethnic disparities in maternal
768	and infant mortality rates.
769	2. Decreasing racial and ethnic disparities in morbidity
770	and mortality rates relating to cancer.
771	3. Decreasing racial and ethnic disparities in morbidity
772	and mortality rates relating to HIV/AIDS.
773	4. Decreasing racial and ethnic disparities in morbidity
774	and mortality rates relating to cardiovascular disease.
775	5. Decreasing racial and ethnic disparities in morbidity
776	and mortality rates relating to diabetes.
777	6. Increasing adult and child immunization rates in
778	certain racial and ethnic populations.
779	7. Decreasing racial and ethnic disparities in oral health
780	care.
781	Section 12. Section 381.86, Florida Statutes, is created
782	to read:
783	381.86 Review Council for Human Subjects.--
784	(1) The Review Council for Human Subjects is created
785	within the Department of Health to comply with federal
786	requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50 and
787	56 for an institutional review board to review all biomedical
788	and behavioral research on human subjects which is funded by the
789	department or supported by the department in any manner,
790	including the permitting of access to department data or
791	department resources.
792	(2) Consistent with federal requirements, the Secretary of
793	Health shall determine and appoint the membership on the council
794	and designate the chair.
795	(3) The council may serve as an institutional review board
796	for other agencies at the discretion of the secretary.
797	(4) Each council member is entitled to reimbursement for
798	per diem and travel expenses as provided in s. 112.061 while
799	carrying out the official business of the council.
800	(5) The department shall charge for costs incurred by the
801	council for research oversight according to a fee schedule,
802	except that fees shall be waived for any student who is a
803	candidate for a degree at a university located in this state.
804	The fee schedule shall provide for fees for initial review,
805	amendments, and continuing review. The department shall adopt
806	rules necessary to comply with federal requirements and this
807	section. Such rules shall also prescribe procedures for
808	requesting council review.
809	(6) Fees collected pursuant to this section shall be
810	deposited into the department's Administrative Trust Fund and
811	used solely for the purpose of administering the program
812	authorized by this section.
813	Section 13. Paragraphs (b) and (c) of subsection (3) of
814	section 381.89, Florida Statutes, are amended to read:
815	381.89 Regulation of tanning facilities.--
816	(3)
817	(b) The department shall establish procedures for the
818	issuance and annual renewal of licenses and shall establish
819	annual license and renewal fees and late payment feesin an
820	amount necessary to cover the expenses of administering this
821	section. Annual license and renewal fees may notshall be not
822	less than $125 nor more than $250 per tanning device and a
823	maximum total fee per individual tanning facility may be set by
824	rule. Effective October 1, 1991, the fee amount shall be the
825	minimum fee proscribed in this paragraph and such fee amount
826	shall remain in effect until the effective date of a fee
827	schedule adopted by the department.
828	(c) The department may adopt a system under which licenses
829	expire on staggered dates and the annual renewal fees are
830	prorated quarterlymonthlyto reflect the actual number of
831	months the license is valid.
832	Section 14. Subsection (3) and paragraph (a) of subsection
833	(7) of section 381.90, Florida Statutes, are amended to read:
834	381.90 Health Information Systems Council; legislative
835	intent; creation, appointment, duties.--
836	(3) The council shall be composed of the following members
837	or their senior executive-level designees:
838	(a) The Secretary of the Department of Health.;
839	(b) The Executive Directorsecretary of the Department of
840	Veterans' Affairs.Business and Professional Regulation;
841	(c) The Secretary of the Department ofChildren and Family
842	Services.;
843	(d) The Secretary of Health Care Administration.;
844	(e) The Secretary of the Department of Corrections.;
845	(f) The Attorney General.;
846	(g) The Executive Director of the Correctional Medical
847	Authority.;
848	(h) Two members representing county health departments,
849	one from a small county and one from a large county, appointed
850	by the Governor.;
851	(i) A representative from the Florida Association of
852	Counties.;
853	(j) The Chief Financial Officer.State Treasurer and
854	Insurance Commissioner;
855	(k) A representative from the Florida Healthy Kids
856	Corporation.;
857	(l) A representative from a school of public health chosen
858	by the Commissioner of Education.Board of Regents;
859	(m) The Commissioner of Education.;
860	(n) The Secretary of the Department of Elderly Affairs.;
861	and
862	(o) The Secretary of the Department ofJuvenile Justice.
863
864	Representatives of the Federal Government may serve without
865	voting rights.
866	(7) The council's duties and responsibilities include, but
867	are not limited to, the following:
868	(a) By JuneMarch1 of each year, to develop and approve a
869	strategic plan pursuant to the requirements set forth in s.
870	186.022(9). Copies of the plan shall be transmitted
871	electronically or in writing to the Executive Office of the
872	Governor, the Speaker of the House of Representatives, and the
873	President of the Senate.
874	Section 15. Subsections (1) and (2), paragraphs (f) and
875	(g) of subsection (3), and subsection (5) of section 383.14,
876	Florida Statutes, are amended to read:
877	383.14 Screening for metabolic disorders, other hereditary
878	and congenital disorders, and environmental risk factors.--
879	(1) SCREENING REQUIREMENTS.--To help ensure access to the
880	maternal and child health care system, the Department of Health
881	shall promote the screening of all newbornsinfantsborn in
882	Florida for phenylketonuria and other metabolic, hereditary, and
883	congenital disorders known to result in significant impairment
884	of health or intellect, as screening programs accepted by
885	current medical practice become available and practical in the
886	judgment of the department. The department shall also promote
887	the identification and screening of all newbornsinfantsborn in
888	this state and their families for environmental risk factors
889	such as low income, poor education, maternal and family stress,
890	emotional instability, substance abuse, and other high-risk
891	conditions associated with increased risk of infant mortality
892	and morbidity to provide early intervention, remediation, and
893	prevention services, including, but not limited to, parent
894	support and training programs, home visitation, and case
895	management. Identification, perinatal screening, and
896	intervention efforts shall begin prior to and immediately
897	following the birth of the child by the attending health care
898	provider. Such efforts shall be conducted in hospitals,
899	perinatal centers, county health departments, school health
900	programs that provide prenatal care, and birthing centers, and
901	reported to the Office of Vital Statistics.
902	(a) Prenatal screening.--The department shall develop a
903	multilevel screening process that includes a risk assessment
904	instrument to identify women at risk for a preterm birth or
905	other high-risk condition. The primary health care provider
906	shall complete the risk assessment instrument and report the
907	results to the Office of Vital Statistics so that the woman may
908	immediately be notified and referred to appropriate health,
909	education, and social services.
910	(b) Postnatal screening.--A risk factor analysis using the
911	department's designated risk assessment instrument shall also be
912	conducted as part of the medical screening process upon the
913	birth of a child and submitted to the department's Office of
914	Vital Statistics for recording and other purposes provided for
915	in this chapter. The department's screening process for risk
916	assessment shall include a scoring mechanism and procedures that
917	establish thresholds for notification, further assessment,
918	referral, and eligibility for services by professionals or
919	paraprofessionals consistent with the level of risk. Procedures
920	for developing and using the screening instrument, notification,
921	referral, and care coordination services, reporting
922	requirements, management information, and maintenance of a
923	computer-driven registry in the Office of Vital Statistics which
924	ensures privacy safeguards must be consistent with the
925	provisions and plans established under chapter 411, Pub. L. No.
926	99-457, and this chapter. Procedures established for reporting
927	information and maintaining a confidential registry must include
928	a mechanism for a centralized information depository at the
929	state and county levels. The department shall coordinate with
930	existing risk assessment systems and information registries.
931	The department must ensure, to the maximum extent possible, that
932	the screening information registry is integrated with the
933	department's automated data systems, including the Florida On-
934	line Recipient Integrated Data Access (FLORIDA) system. Tests
935	and screenings must be performed by the State Public Health
936	Laboratory, in coordination with Children's Medical Services, at
937	such times and in such manner as is prescribed by the department
938	after consultation with the Genetics and NewbornInfant
939	Screening Advisory Council and the State Coordinating Council
940	for School Readiness Programs.
941	(2) RULES.--After consultation with the Genetics and
942	NewbornInfantScreening Advisory Council, the department shall
943	adopt and enforce rules requiring that every newborninfantborn
944	in this state shall, prior to becoming 2 weeks of age, be
945	subjected to a test for phenylketonuria and, at the appropriate
946	age, be tested for such other metabolic diseases and hereditary
947	or congenital disorders as the department may deem necessary
948	from time to time. After consultation with the State
949	Coordinating Council for School Readiness Programs, the
950	department shall also adopt and enforce rules requiring every
951	newborninfantborn in this state to be screened for
952	environmental risk factors that place children and their
953	families at risk for increased morbidity, mortality, and other
954	negative outcomes. The department shall adopt such additional
955	rules as are found necessary for the administration of this
956	section, including rules providing definitions of terms, rules
957	relating to the methods used and time or times for testing as
958	accepted medical practice indicates, rules relating to charging
959	and collecting fees for screenings authorized by this section,
960	and rules requiring mandatory reporting of the results of tests
961	and screenings for these conditions to the department.
962	(3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
963	department shall administer and provide certain services to
964	implement the provisions of this section and shall:
965	(f) Promote the availability of genetic studies and
966	counseling in order that the parents, siblings, and affected
967	newbornsinfantsmay benefit from available knowledge of the
968	condition.
969	(g) Have the authority to charge and collect fees for
970	screenings authorized in this section, as follows:
971	1. A fee of $20 will be charged for each live birth, as
972	recorded by the Office of Vital Statistics, occurring in a
973	hospital licensed under part I of chapter 395 or a birth center
974	licensed under s. 383.305, up to 3,000 live births per licensed
975	hospital per year or over 60 births per birth center per year.
976	The department shall calculate the annual assessment for each
977	hospital and birth center, and this assessment must be paid in
978	equal amounts quarterly. Quarterly, the department shall
979	generate and mail to each hospital and birth center a statement
980	of the amount due.
981	2. As part of the department's legislative budget request
982	prepared pursuant to chapter 216, the department shall submit a
983	certification by the department's inspector general, or the
984	director of auditing within the inspector general's office, of
985	the annual costs of the uniform testing and reporting procedures
986	of the newborninfantscreening program. In certifying the
987	annual costs, the department's inspector general or the director
988	of auditing within the inspector general's office shall
989	calculate the direct costs of the uniform testing and reporting
990	procedures, including applicable administrative costs.
991	Administrative costs shall be limited to those department costs
992	which are reasonably and directly associated with the
993	administration of the uniform testing and reporting procedures
994	of the newborninfantscreening program.
995
996	All provisions of this subsection must be coordinated with the
997	provisions and plans established under this chapter, chapter
998	411, and Pub. L. No. 99-457.
999	(5) ADVISORY COUNCIL.--There is established a Genetics and
1000	NewbornInfantScreening Advisory Council made up of 12 members
1001	appointed by the Secretary of Health. The council shall be
1002	composed of two consumer members, three practicing
1003	pediatricians, at least one of whom must be a pediatric
1004	hematologist, one representative from each of the four medical
1005	schools in the state, the Secretary of Health or his or her
1006	designee, one representative from the Department of Health
1007	representing Children's Medical Services, and one representative
1008	from the Developmental Disabilities Program Office of the
1009	Department of Children and Family Services. All appointments
1010	shall be for a term of 4 years. The chairperson of the council
1011	shall be elected from the membership of the council and shall
1012	serve for a period of 2 years. The council shall meet at least
1013	semiannually or upon the call of the chairperson. The council
1014	may establish ad hoc or temporary technical advisory groups to
1015	assist the council with specific topics which come before the
1016	council. Council members shall serve without pay. Pursuant to
1017	the provisions of s. 112.061, the council members are entitled
1018	to be reimbursed for per diem and travel expenses. It is the
1019	purpose of the council to advise the department about:
1020	(a) Conditions for which testing should be included under
1021	the screening program and the genetics program.;
1022	(b) Procedures for collection and transmission of
1023	specimens and recording of results.; and
1024	(c) Methods whereby screening programs and genetics
1025	services for children now provided or proposed to be offered in
1026	the state may be more effectively evaluated, coordinated, and
1027	consolidated.
1028	Section 16. Section 384.25, Florida Statutes, is amended
1029	to read:
1030	384.25 Reporting required.--
1031	(1) Each person who makes a diagnosis of or treats a
1032	person with a sexually transmissible disease and each laboratory
1033	that performs a test for a sexually transmissible disease which
1034	concludes with a positive result shall report such facts as may
1035	be required by the department by rule, within a time period as
1036	specified by rule of the department, but in no case to exceed 2
1037	weeks.
1038	(a)(2)The department shall adopt rules specifying the
1039	information required in and a minimum time period for reporting
1040	a sexually transmissible disease. In adopting such rules, the
1041	department shall consider the need for information, protections
1042	for the privacy and confidentiality of the patient, and the
1043	practical ability of persons and laboratories to report in a
1044	reasonable fashion. To ensure the confidentiality of persons
1045	infected with the human immunodeficiency virus (HIV), reporting
1046	of HIV infection and acquired immune deficiency syndrome (AIDS)
1047	must be conducted using a systemthe HIV/AIDS Reporting System
1048	(HARS)developed by the Centers for Disease Control and
1049	Prevention of the United States Public Health Service or an
1050	equivalent system.
1051	(b)(3) The department shall require reporting of physician
1052	diagnosed cases of AIDS and HIV infection consistent withbased
1053	upon diagnostic criteria for surveillance-case definition for
1054	HIV/AIDS reportingfrom the Centers for Disease Control and
1055	Prevention.
1056	(c)(4) The department shallmayrequire physician and
1057	laboratory reporting of HIV infection. However, only reports of
1058	HIV infection identified on or after the effective date of the
1059	rule developed by the department pursuant to this subsection
1060	shall be accepted. TheReporting may not affect or relate to
1061	anonymous HIV testing programs conducted pursuant to s.
1062	381.004(4) or to university-based medical research protocols as
1063	determined by the department.
1064	(2)(5) After notification of the test subject under
1065	subsection (4), the department may, with the consent of the test
1066	subject, notify school superintendents of students and school
1067	personnel whose HIV tests are positive.
1068	(3) The department shall adopt rules requiring each
1069	physician and laboratory to report any newborn or infant up to
1070	18 months of age who has been exposed to HIV. The rules may
1071	include the method and time period for reporting, information to
1072	be included in the report, requirements for enforcement, and
1073	followup activities by the department.
1074	(4)(6)The department shall by February 1 of each year
1075	submit to the Legislature an annual report relating to all
1076	information obtained pursuant to this section.
1077	(5)(7)Each person who violates the provisions of this
1078	section or the rules adopted hereunder may be fined by the
1079	department up to $500 for each offense. The department shall
1080	report each violation of this section to the regulatory agency
1081	responsible for licensing each health care professional and each
1082	laboratory to which these provisions apply.
1083	Section 17. Subsection (1) of section 385.204, Florida
1084	Statutes, is amended to read:
1085	385.204 Insulin; purchase, distribution; penalty for
1086	fraudulent application for and obtaining of insulin.--
1087	(1) The Department of Health, to the extent funds are
1088	available,shall purchase and distribute insulin through its
1089	agents or other appropriate agent of the state or Federal
1090	Government in any county or municipality in the state to any
1091	bona fide resident of this state suffering from diabetes or a
1092	kindred diseaserequiring insulin in its treatment who makes
1093	application for insulin and furnishes proof of his or her
1094	financial inability to purchase in accordance with the rules
1095	adoptedpromulgatedby the department concerning the
1096	distribution of insulin.
1097	Section 18. Subsection (2) of section 391.021, Florida
1098	Statutes, is amended to read:
1099	391.021 Definitions.--When used in this act, unless the
1100	context clearly indicates otherwise:
1101	(2) "Children with special health care needs" means those
1102	children under the age of 21 years who have, or are at increased
1103	risk for, chronic physical, developmental, behavioral, or
1104	emotional conditions and who also require health care and
1105	related services of a type or amount beyond that which is
1106	generally required by childrenwhose serious or chronic physical
1107	or developmental conditions require extensive preventive and
1108	maintenance care beyond that required by typically healthy
1109	children. Health care utilization by these children exceeds the
1110	statistically expected usage of the normal child adjusted for
1111	chronological age. These children often need complex care
1112	requiring multiple providers, rehabilitation services, and
1113	specialized equipment in a number of different settings.
1114	Section 19. Section 391.025, Florida Statutes, is amended
1115	to read:
1116	391.025 Applicability and scope.--
1117	(1) This act applies to health services provided to
1118	eligible individuals who are:
1119	(a) Enrolled in the Medicaid program;
1120	(b) Enrolled in the Florida Kidcare program; and
1121	(c) Uninsured or underinsured, provided that they meet the
1122	financial eligibility requirements established in this act, and
1123	to the extent that resources are appropriated for their care.
1124	(1)(2)The Children's Medical Services program consists of
1125	the following components:
1126	(a) The newborninfant metabolicscreening program
1127	established in s. 383.14.
1128	(b) The regional perinatal intensive care centers program
1129	established in ss. 383.15-383.21.
1130	(c) A federal or state program authorized by the
1131	Legislature.
1132	(d) The developmental evaluation and intervention program,
1133	including the Florida Infants and Toddlers Early Intervention
1134	Program.
1135	(e) The Children's Medical Services network.
1136	(2)(3)The Children's Medical Services program shall not
1137	be deemed an insurer and is not subject to the licensing
1138	requirements of the Florida Insurance Code or the rules of the
1139	Department of Insurance, when providing services to children who
1140	receive Medicaid benefits, other Medicaid-eligible children with
1141	special health care needs, and children participating in the
1142	Florida Kidcare program.
1143	Section 20. Section 391.029, Florida Statutes, is amended
1144	to read:
1145	391.029 Program eligibility.--
1146	(1) The department shall establish the medical criteria to
1147	determine if an applicant for the Children's Medical Services
1148	program is an eligible individual.
1149	(2) The following individuals are financially eligible to
1150	receive services throughforthe program:
1151	(a) A high-risk pregnant female who is eligible for
1152	Medicaid.
1153	(b) ChildrenA childwith special health care needs from
1154	birth to age 21 years of age who areiseligible for Medicaid.
1155	(c) ChildrenA childwith special health care needs from
1156	birth to age 19 years of age who areiseligible for a program
1157	under Title XXI of the Social Security Act.
1158	(3) Subject to the availability of funds, the following
1159	individuals may receive services through the program:
1160	(a)(d)ChildrenA childwith special health care needs
1161	from birth to age 21 years of age whose family income is above
1162	financial eligibility requirements under Title XXI of the Social
1163	Security Act and whoseprojected annual cost of care adjusts the
1164	family income to Medicaid financial criteria. In cases where
1165	the family income is adjusted based on a projected annual cost
1166	of care, the family shall participate financially in the cost of
1167	care based on criteria established by the department.
1168	(b)(e)ChildrenA child with special health care needs
1169	from birth to 21 years of age, as provideddefinedin Title V of
1170	the Social Security Act relating to children with special health
1171	care needs.
1172
1173	The department may continue to serve certain children with
1174	special health care needs who are 21 years of age or older and
1175	who were receiving services from the program prior to April 1,
1176	1998. Such children may be served by the department until July
1177	1, 2000.
1178	(4)(3)The department shall determine the financial and
1179	medical eligibility of children for the program. The department
1180	shall also determine the financial ability of the parents, or
1181	persons or other agencies having legal custody over such
1182	individuals, to pay the costs of health services under the
1183	program. The department may pay reasonable travel expenses
1184	related to the determination of eligibility for or the provision
1185	of health services.
1186	(5)(4)Any child who has been provided with surgical or
1187	medical care or treatment under this act prior to being adopted
1188	shall continue to be eligible to be provided with such care or
1189	treatment after his or her adoption, regardless of the financial
1190	ability of the persons adopting the child.
1191	Section 21. Subsection (4) is added to section 391.055,
1192	Florida Statutes, to read:
1193	391.055 Service delivery systems.--
1194	(4) If a newborn has a presumptively abnormal screening
1195	result for metabolic or other hereditary and congenital
1196	disorders which is identified through the newborn screening
1197	program pursuant to s. 383.14, the newborn shall be referred to
1198	the Children's Medical Services network for confirmatory
1199	testing, medical management, or medical referral.
1200	Section 22. Section 391.309, Florida Statutes, is created
1201	to read:
1202	391.309 Florida Infants and Toddlers Early Intervention
1203	Program.--The Department of Health may implement and administer
1204	Part C of the federal Individuals with Disabilities Education
1205	Act (IDEA), which shall be known as the Florida Infants and
1206	Toddlers Early Intervention Program.
1207	(1) The department, jointly with the Department of
1208	Education, shall annually prepare a grant application to the
1209	United States Department of Education for funding early
1210	intervention services for infants and toddlers with
1211	disabilities, ages birth through 36 months, and their families
1212	pursuant to Part C of the federal Individuals with Disabilities
1213	Education Act.
1214	(2) The department shall ensure that no early intervention
1215	provider participating in the program provides both core and
1216	required services without a waiver from the Deputy Secretary for
1217	Children's Medical Services, or his or her designee, as
1218	expressed in the contract between the department and the
1219	provider. For purposes of this section, core services are
1220	limited to child find and referral services, family support
1221	planning, service coordination, and multidisciplinary
1222	evaluation.
1223	Section 23. Subsection (5) of section 393.064, Florida
1224	Statutes, is amended to read:
1225	393.064 Prevention.--
1226	(5) The Department of HealthChildren and Family Services
1227	shall have the authority, within available resources, to
1228	contract for the supervision and management of the Raymond C.
1229	Philips Research and Education Unit, and such contract shall
1230	include specific program objectives.
1231	Section 24. Subsection (10) of section 394.4615, Florida
1232	Statutes, is amended to read:
1233	394.4615 Clinical records; confidentiality.--
1234	(10) Patients shall have reasonable access to their
1235	clinical records, unless such access is determined by the
1236	patient's physician to be a danger to the patient's life or
1237	safetyharmful to the patient. If the patient's right to inspect
1238	his or her clinical record is restricted by the facility,
1239	written notice of such restriction shall be given to the patient
1240	and the patient's guardian, guardian advocate, attorney, and
1241	representative. In addition, the restriction shall be recorded
1242	in the clinical record, together with the reasons for it. The
1243	restriction of a patient's right to inspect his or her clinical
1244	record shall expire after 7 days but may be renewed, after
1245	review, for subsequent 7-day periods.
1246	Section 25. Section 394.9151, Florida Statutes, is amended
1247	to read:
1248	394.9151 Contract authority.--The Department of Children
1249	and Family Services may contract with a private entity or state
1250	agency for use of and operation of facilities to comply with the
1251	requirements of this act. The department of Children and Family
1252	Servicesmay also contract with the Correctional Privatization
1253	Commission as defined in chapter 957 to issue a request for
1254	proposals and monitor contract compliance for these services.
1255	The department may enter an agreement or may contract with the
1256	Correctional Medical Authority as defined in chapter 945 to
1257	conduct surveys of medical services and to provide medical
1258	quality assurance and improvement assistance at secure
1259	confinement and treatment facilities for persons confined under
1260	this part.
1261	Section 26. Paragraphs (a) and (e) of subsection (4) and
1262	paragraph (b) of subsection (7) of section 395.3025, Florida
1263	Statutes, are amended, and a new paragraph (l) is added to
1264	subsection (4) of said section, to read:
1265	395.3025 Patient and personnel records; copies;
1266	examination.--
1267	(4) Patient records are confidential and must not be
1268	disclosed without the consent of the person to whom they
1269	pertain, but appropriate disclosure may be made without such
1270	consent to:
1271	(a) Licensed Facility personnel and all other licensed
1272	health care practitionersattending physiciansfor use in
1273	connection with the treatment of the patient.
1274	(e) The Department of Healthagencyupon subpoena issued
1275	pursuant to s. 456.071, but the records obtained thereby must be
1276	used solely for the purpose of the departmentagencyand the
1277	appropriate professional board in its investigation,
1278	prosecution, and appeal of disciplinary proceedings. The
1279	administrator or records custodian in a facility licensed under
1280	this chapter shall certify that a true and complete copy of the
1281	records requested pursuant to a subpoena or patient release have
1282	been provided to the department or otherwise identify those
1283	documents that have not been provided. If the departmentagency
1284	requests copies of the records, the facility shall charge no
1285	more than its actual copying costs, including reasonable staff
1286	time. The records must be sealed and must not be available to
1287	the public pursuant to s. 119.07(1) or any other statute
1288	providing access to records, nor may they be available to the
1289	public as part of the record of investigation for and
1290	prosecution in disciplinary proceedings made available to the
1291	public by the departmentagencyor the appropriate regulatory
1292	board. However, the departmentagencymust make available, upon
1293	written request by a practitioner against whom probable cause
1294	has been found, any such records that form the basis of the
1295	determination of probable cause.
1296	(l) Researchers or facility personnel for research
1297	purposes, provided that the researchers or facility personnel
1298	demonstrate compliance with the requirements of 45 C.F.R. s.
1299	164.512(i).
1300	(7)
1301	(b) Absent a specific written release or authorization
1302	permitting utilization of patient information for solicitation
1303	or marketing the sale of goods or services, any use of suchthat
1304	information for that purposethose purposes is prohibited. For
1305	purposes of this paragraph, the term "marketing" is defined as
1306	set forth in 45 C.F.R. s. 164.501.
1307	Section 27. Subsection (2) of section 395.404, Florida
1308	Statutes, is amended to read:
1309	395.404 Review of trauma registry data; confidentiality
1310	and limited release.--
1311	(2) Notwithstanding the provisions of s. 381.74, each
1312	trauma center and acute care hospital shall submit severe
1313	disability and head-injury registry data to the department as
1314	provided by rule. Each trauma center and acute care hospital
1315	shall continue to provide initial notification of any person who
1316	has a moderate-to-severe brain or spinal cord injurypersons who
1317	have severe disabilities and head injuries to the brain and
1318	spinal cord injury central registry ofthe Department of Health
1319	within timeframes provided in s. 381.74chapter 413. Such
1320	initial notification shall be made in the manner prescribed by
1321	the Department of Health for the purpose of providing timely
1322	vocational rehabilitation and transitional services to an
1323	individual who sustains traumatic moderate-to-severe brain or
1324	spinal cord injury to enable such individual to return to his or
1325	her communityservices to the severely disabled or head-injured
1326	person.
1327	Section 28. Paragraph (b) of subsection (2) of section
1328	395.7015, Florida Statutes, is amended to read:
1329	395.7015 Annual assessment on health care entities.--
1330	(2) There is imposed an annual assessment against certain
1331	health care entities as described in this section:
1332	(b) For the purpose of this section, "health care
1333	entities" include the following:
1334	1. Ambulatory surgical centers and mobile surgical
1335	facilities licensed under s. 395.003. This subsection shall only
1336	apply to mobile surgical facilities operating under contracts
1337	entered into on or after July 1, 1998.
1338	2. Clinical laboratories licensed under s. 483.091,
1339	excluding any hospital laboratory defined under s. 483.041(6),
1340	any clinical laboratory operated by the state or a political
1341	subdivision of the state, any clinical laboratory which
1342	qualifies as an exempt organization under s. 501(c)(3) of the
1343	Internal Revenue Code of 1986, as amended, and which receives 70
1344	percent or more of its gross revenues from services to charity
1345	patients or Medicaid patients, and any blood, plasma, or tissue
1346	bank procuring, storing, or distributing blood, plasma, or
1347	tissue either for future manufacture or research or distributed
1348	on a nonprofit basis, and further excluding any clinical
1349	laboratory which is wholly owned and operated by 6 or fewer
1350	physicians who are licensed pursuant to chapter 458 or chapter
1351	459 and who practice in the same group practice, and at which no
1352	clinical laboratory work is performed for patients referred by
1353	any health care provider who is not a member of the same group.
1354	3. Diagnostic-imaging centers that are freestanding
1355	outpatient facilities that provide specialized services for the
1356	identification or determination of a disease through examination
1357	and also provide sophisticated radiological services, and in
1358	which services are rendered by a physician licensed by the Board
1359	of Medicine under s. 458.311, s. 458.313, or s. 458.315458.317,
1360	or by an osteopathic physician licensed by the Board of
1361	Osteopathic Medicine under s. 459.006, s. 459.007, or s.
1362	459.0075. For purposes of this paragraph, "sophisticated
1363	radiological services" means the following: magnetic resonance
1364	imaging; nuclear medicine; angiography; arteriography; computed
1365	tomography; positron emission tomography; digital vascular
1366	imaging; bronchography; lymphangiography; splenography;
1367	ultrasound, excluding ultrasound providers that are part of a
1368	private physician's office practice or when ultrasound is
1369	provided by two or more physicians licensed under chapter 458 or
1370	chapter 459 who are members of the same professional association
1371	and who practice in the same medical specialties; and such other
1372	sophisticated radiological services, excluding mammography, as
1373	adopted in rule by the board.
1374	Section 29. Subsection (10) of section 400.141, Florida
1375	Statutes, is amended to read:
1376	400.141 Administration and management of nursing home
1377	facilities.--Every licensed facility shall comply with all
1378	applicable standards and rules of the agency and shall:
1379	(10) Keep full records of resident admissions and
1380	discharges; medical and general health status, including medical
1381	records, personal and social history, and identity and address
1382	of next of kin or other persons who may have responsibility for
1383	the affairs of the residents; and individual resident care plans
1384	including, but not limited to, prescribed services, service
1385	frequency and duration, and service goals. The records shall be
1386	open to inspection by the agency. A certified complete copy of
1387	the records shall be provided to the Department of Health upon
1388	subpoena issued pursuant to ss. 456.057 and 456.071. The
1389	provisions of chapter 456 shall apply to the records obtained
1390	pursuant to this section.
1391	Section 30. Subsection (3) is added to section 400.145,
1392	Florida Statutes, to read:
1393	400.145 Records of care and treatment of resident; copies
1394	to be furnished.--
1395	(3) The administrator or records custodian in a facility
1396	licensed under this chapter shall certify that a true and
1397	complete copy of the records requested pursuant to a subpoena or
1398	patient release have been provided to the department or
1399	otherwise identify those documents that have not been provided.
1400	Section 31. Paragraph (a) of subsection (4) of section
1401	400.211, Florida Statutes, is amended to read:
1402	400.211 Persons employed as nursing assistants;
1403	certification requirement.--
1404	(4) When employed by a nursing home facility for a 12-
1405	month period or longer, a nursing assistant, to maintain
1406	certification, shall submit to a performance review every 12
1407	months and must receive regular inservice education based on the
1408	outcome of such reviews. The inservice training must:
1409	(a) Be sufficient to ensure the continuing competence of
1410	nursing assistants, must be at least 1218hours per year, and
1411	may include hours accrued under s. 464.203(7)(8);
1412
1413	Costs associated with this training may not be reimbursed from
1414	additional Medicaid funding through interim rate adjustments.
1415	Section 32. Section 400.455, Florida Statutes, is created
1416	to read:
1417	400.455 Certified copy of subpoenaed records.--Upon a
1418	subpoena issued by the Department of Health pursuant to s.
1419	456.057 or s. 456.071, a certified complete copy of the
1420	requested records shall be provided. The provisions of chapter
1421	456 shall apply to the records obtained pursuant to this
1422	section.
1423	Section 33. Subsection (2) of section 401.113, Florida
1424	Statutes, is amended to read:
1425	401.113 Department; powers and duties.--
1426	(2)(a)The department shall annually dispense funds
1427	contained in the Emergency Medical Services Trust Fund as
1428	follows:
1429	1.(a)Forty-five percent of such moneys must be divided
1430	among the counties according to the proportion of the combined
1431	amount deposited in the trust fund from the county. These funds
1432	may not be used to match grant funds as identified in
1433	subparagraph 2.paragraph(b).An individual board of county
1434	commissioners may distribute these funds to emergency medical
1435	service organizations within the county, as it deems
1436	appropriate.
1437	2.(b)Forty percent of such moneys must be used by the
1438	department for making matching grants to local agencies,
1439	municipalities, and emergency medical services organizations for
1440	the purpose of conducting research, increasing existing levels
1441	of emergency medical services, evaluation, community education,
1442	injury prevention programs, and training in cardiopulmonary
1443	resuscitation and other lifesaving and first aid techniques.
1444	a.1.At least 90 percent of these moneys must be made
1445	available on a cash matching basis. A grant made under this
1446	sub-subparagraphsubparagraphmust be contingent upon the
1447	recipient providing a cash sum equal to 25 percent of the total
1448	department-approved grant amount.
1449	b.2.No more than 10 percent of these moneys must be made
1450	available to rural emergency medical services, and
1451	notwithstanding the restrictions specified in subsection (1),
1452	these moneys may be used for improvement, expansion, or
1453	continuation of services provided. A grant made under this sub-
1454	subparagraphsubparagraphmust be contingent upon the recipient
1455	providing a cash sum equal to no more than 10 percent of the
1456	total department-approved grant amount.
1457
1458	The department shall develop procedures and standards for grant
1459	disbursement under this subparagraphparagraphbased on the need
1460	for emergency medical services, the requirements of the
1461	population to be served, and the objectives of the state
1462	emergency medical services plan.
1463	3.(c)Fifteen percent of such moneys must be used by the
1464	department for capital equipment outlay, personnel, community
1465	education, evaluation, and other costs associated with the
1466	administration of this chapter. Any moneys not annually used for
1467	this purpose must be used for making additional rural grant
1468	funds available.
1469	(b) Notwithstanding any other provision of law to the
1470	contrary, any interest generated from grant funds may be
1471	expended by the grantee on the budget items approved by the
1472	department. Grantees receiving funds that require a match may
1473	not expend interest funds until all match requirements have been
1474	satisfied. Such grantees shall return to the department any
1475	interest and grant funds not expended at the conclusion of the
1476	grant period. All such returned funds shall be used by the
1477	department for additional matching grant awards.
1478	Section 34. Section 401.211, Florida Statutes, is amended
1479	to read:
1480	401.211 Legislative intent.--The Legislature recognizes
1481	that the systematic provision of emergency medical services
1482	saves lives and reduces disability associated with illness and
1483	injury. In addition, that system of care must be equally capable
1484	of assessing, treating, and transporting children, adults, and
1485	frail elderly persons. Further, it is the intent of the
1486	Legislature to encourage the development and maintenance of
1487	emergency medical services because such services are essential
1488	to the health and well-being of all citizens of the state. The
1489	Legislature also recognizes that the establishment of a
1490	comprehensive statewide injury prevention and control program
1491	supports state and community health systems by further enhancing
1492	the total delivery system of emergency medical services and
1493	reduces injuries for all persons.The purpose of this part is to
1494	protect and enhance the public health, welfare, and safety
1495	through the establishment of an emergency medical services state
1496	plan, an advisory council, a comprehensive statewide injury
1497	prevention and control program,minimum standards for emergency
1498	medical services personnel, vehicles, services and medical
1499	direction, and the establishment of a statewide inspection
1500	program created to monitor the quality of patient care delivered
1501	by each licensed service and appropriately certified personnel.
1502	Section 35. Section 401.243, Florida Statutes, is created
1503	to read:
1504	401.243 Injury prevention and control.--The injury
1505	prevention and control program is responsible for the statewide
1506	coordination and expansion of injury prevention and control
1507	activities. The duties of the department may include, but are
1508	not limited to, data collection, surveillance, education, and
1509	the promotion of interventions. The department may:
1510	(1) Assist county health departments and community and
1511	other state agencies by serving as a focal point for injury
1512	prevention expertise and guidance.
1513	(2) Seek, receive, and expend any funds received through
1514	appropriations, grants, donations, or contributions from public
1515	or private sources for program purposes.
1516	(3) Adopt rules related to the activities of the program,
1517	including, but not limited to, those needed for implementation
1518	of injury prevention and control activities, data collection,
1519	surveillance, education, promotion of interventions, and
1520	assistance to other entities.
1521	(4) Develop, and revise as necessary, a comprehensive
1522	state plan for injury prevention and control.
1523	Section 36. Subsections (3), (4), (5), and (13) of section
1524	401.27, Florida Statutes, are amended, and subsection (14) is
1525	added to said section, to read:
1526	401.27 Personnel; standards and certification.--
1527	(3) Any person who desires to be certified or recertified
1528	as an emergency medical technician or paramedic must apply to
1529	the department under oath on forms provided by the department
1530	which shall contain such information as the department
1531	reasonably requires, which may include affirmative evidence of
1532	ability to comply with applicable laws and rules. The department
1533	may accept electronically submitted applications. If an
1534	application is submitted electronically, the department may
1535	require supplemental materials, including an original signature
1536	of the applicant and documentation verifying eligibility for
1537	certification to be submitted in a nonelectronic format.The
1538	department shall determine whether the applicant meets the
1539	requirements specified in this section and in rules of the
1540	department and shall issue a certificate to any person who meets
1541	such requirements.
1542	(4) An applicant for certification or recertification as
1543	an emergency medical technician or paramedic must:
1544	(a) Have completed an appropriate training course as
1545	follows:
1546	1. For an emergency medical technician, an emergency
1547	medical technician training course equivalent to the most recent
1548	emergency medical technician basic training course of the United
1549	States Department of Transportation as approved by the
1550	department.;
1551	2. For a paramedic, a paramedic training program
1552	equivalent to the most recent paramedic course of the United
1553	States Department of Transportation as approved by the
1554	department.;
1555	(b) Certify under oaththat he or she is not addicted to
1556	alcohol or any controlled substance.;
1557	(c) Certify under oaththat he or she is free from any
1558	physical or mental defect or disease that might impair the
1559	applicant's ability to perform his or her duties.;
1560	(d) Within 1 year after course completion have passed an
1561	examination developed or required by the department.;
1562	(e)1. For an emergency medical technician, hold either a
1563	current American Heart Association cardiopulmonary resuscitation
1564	course card or an American Red Cross cardiopulmonary
1565	resuscitation course card or its equivalent as defined by
1566	department rule.;
1567	2. For a paramedic, hold a certificate of successful
1568	course completion in advanced cardiac life support from the
1569	American Heart Association or its equivalent as defined by
1570	department rule.;
1571	(f) Submit the certification fee and the nonrefundable
1572	examination fee prescribed in s. 401.34, which examination fee
1573	will be required for each examination administered to an
1574	applicant.; and
1575	(g) Submit a completed application to the department,
1576	which application documents compliance with paragraphs (a), (b),
1577	(c), (e), (f), (g), and, if applicable, (d). The application
1578	must be submitted so as to be received by the department at
1579	least 30 calendar days before the next regularly scheduled
1580	examination for which the applicant desires to be scheduled.
1581	(5) The certification examination must be offered monthly.
1582	The department shall issue an examination admission notice to
1583	the applicant advising him or her of the time and place of the
1584	examination for which he or she is scheduled. Individuals
1585	achieving a passing score on the certification examination may
1586	be issued a temporary certificate with their examination grade
1587	report. The department must issue an original certification
1588	within 45 days after the examination.Examination questions and
1589	answers are not subject to discovery but may be introduced into
1590	evidence and considered only in camera in any administrative
1591	proceeding under chapter 120. If an administrative hearing is
1592	held, the department shall provide challenged examination
1593	questions and answers to the administrative law judge. The
1594	department shall establish by rule the procedure by which an
1595	applicant, and the applicant's attorney, may review examination
1596	questions and answers in accordance with s. 119.07(3)(a).
1597	(13) The department shall adopt a standard state insignia
1598	for emergency medical technicians and paramedics. The department
1599	shall establish by rule the requirements to display the state
1600	emergency medical technician and paramedic insignia. The rules
1601	may not require a person to wear the standard insignia but must
1602	require thatIf a person wears any insignia that identifies the
1603	person as a certified emergency medical technician or paramedic
1604	in this state, the insignia must be the standard state insignia
1605	adopted under this section. The insignia mustdenote the
1606	individual's level of certification at which he or she is
1607	functioning.
1608	(14)(a) An applicant for initial certification under this
1609	section must submit information and a set of fingerprints to the
1610	department on a form and under procedures specified by the
1611	department, along with payment in an amount equal to the costs
1612	incurred by the department for a statewide and a national
1613	criminal history check of the applicant.
1614	(b) An applicant for renewal of certification who has not
1615	previously submitted a set of fingerprints to the department
1616	must submit information required to perform a statewide and a
1617	national criminal history check and a set of fingerprints to the
1618	department as a condition of the initial renewal of his or her
1619	certificate after the effective date of this section. The
1620	applicant must submit the fingerprints on a form and under
1621	procedures specified by the department, along with payment in an
1622	amount equal to the costs incurred by the department. For
1623	subsequent renewals, the department shall, by rule, adopt an
1624	application form that includes a sworn oath or affirmation
1625	attesting to the existence of any criminal convictions,
1626	regardless of plea or adjudication, which have occurred since
1627	the previous certification. If there has been a criminal
1628	conviction, the provisions of this subsection shall apply. The
1629	department shall notify current certificateholders of their
1630	requirement to undergo a criminal history check sufficiently in
1631	advance of the 2004 biennial expiration for the
1632	certificateholder to provide the required information prior to
1633	submission of the renewal certification application. Eligibility
1634	for renewal may not be denied by the department for the first
1635	renewal application subsequent to enactment of this subsection
1636	for delays created in obtaining the criminal history from the
1637	Department of Law Enforcement, the Federal Bureau of
1638	Investigation, or the Division of State Fire Marshal if the
1639	applicant has submitted the required criminal history screening
1640	information or affidavit and fees with the renewal certification
1641	application.
1642	(c) Pursuant to the requirements of s. 120.60,
1643	applications for certification must be processed within 90 days
1644	after receipt of a completed application. Applications for
1645	certification shall not be complete until the criminal history
1646	information and certified copies of all court documents for
1647	those applications with prior criminal convictions, pursuant to
1648	this section, have been received by the department.
1649	(d) The department shall submit the fingerprints and
1650	information required for a statewide criminal history check to
1651	the Department of Law Enforcement for such check, and the
1652	Department of Law Enforcement shall forward the fingerprints and
1653	information to the Federal Bureau of Investigation for a
1654	national criminal history check of the applicant.
1655	(e) If an applicant has undergone a criminal history check
1656	as a condition of employment or certification as a firefighter
1657	under s. 633.34, the Division of State Fire Marshal of the
1658	Department of Financial Services shall provide the criminal
1659	history information regarding the applicant seeking
1660	certification or renewal of certification under this section to
1661	the department. Any applicant for initial certification or
1662	renewal of certification who has already submitted a set of
1663	fingerprints and information to the Division of State Fire
1664	Marshal of the Department of Financial Services for the criminal
1665	history check required for employment and certification of
1666	firefighters under s. 633.34 within 2 years prior to application
1667	under this section is not required to provide to the department
1668	a subsequent set of fingerprints or other duplicate information
1669	required for a criminal history check if the applicant submits
1670	an affidavit in a form prescribed by the department attesting
1671	that he or she has been a state resident for the previous 2
1672	years.
1673	(f) Notwithstanding the grounds for certification denial
1674	outlined in s. 401.411, an applicant must not have:
1675	1. Been found guilty of, regardless of plea or
1676	adjudication, any offense prohibited under any of the following
1677	provisions of the Florida Statutes or under any similar statute
1678	of another jurisdiction:
1679	a. Section 415.111, relating to abuse, neglect, or
1680	exploitation of a vulnerable adult.
1681	b. Section 782.04, relating to murder.
1682	c. Section 782.07, relating to manslaughter, aggravated
1683	manslaughter of an elderly person or disabled adult, aggravated
1684	manslaughter of a child, or aggravated manslaughter of an
1685	officer, a firefighter, an emergency medical technician, or a
1686	paramedic.
1687	d. Section 782.071, relating to vehicular homicide.
1688	e. Section 782.09, relating to killing of an unborn child
1689	by injury to the mother.
1690	f. Section 784.011, relating to assault, if the victim of
1691	the offense was a minor.
1692	g. Section 784.021, relating to aggravated assault.
1693	h. Section 784.03, relating to battery, if the victim of
1694	the offense was a minor.
1695	i. Section 784.045, relating to aggravated battery.
1696	j. Section 787.01, relating to kidnapping.
1697	k. Section 787.02, relating to false imprisonment.
1698	l. Section 794.011, relating to sexual battery.
1699	m. Former s. 794.041, relating to prohibited acts of
1700	persons in familial or custodial authority.
1701	n. Chapter 796, relating to prostitution.
1702	o. Section 798.02, relating to lewd and lascivious
1703	behavior.
1704	p. Chapter 800, relating to lewdness and indecent
1705	exposure.
1706	q. Section 806.01, relating to arson.
1707	r. Chapter 812, relating to theft, robbery, and related
1708	crimes, if the offense was a felony.
1709	s. Section 817.563, relating to fraudulent sale of
1710	controlled substances, only if the offense was a felony.
1711	t. Section 825.102, relating to abuse, aggravated abuse,
1712	or neglect of an elderly person or disabled adult.
1713	u. Section 825.1025, relating to lewd or lascivious
1714	offenses committed upon or in the presence of an elderly person
1715	or disabled person.
1716	v. Section 825.103, relating to exploitation of an elderly
1717	person or disabled adult, if the offense was a felony.
1718	w. Section 826.04, relating to incest.
1719	x. Section 827.03, relating to child abuse, aggravated
1720	child abuse, or neglect of a child.
1721	y. Section 827.04, relating to contributing to the
1722	delinquency or dependency of a child.
1723	z. Former s. 827.05, relating to negligent treatment of
1724	children.
1725	aa. Section 827.071, relating to sexual performance by a
1726	child.
1727	bb. Chapter 847, relating to obscenity.
1728	cc. Chapter 893, relating to drug abuse prevention and
1729	control, only if the offense was a felony or if any other person
1730	involved in the offense was a minor.
1731	2. Committed an act that constitutes domestic violence as
1732	defined in s. 741.28.
1733	(g) The department may grant to any applicant who would
1734	otherwise be denied certification or recertification under this
1735	subsection an exemption from that denial for:
1736	1. Felonies committed more than 3 years prior to the date
1737	of disqualification;
1738	2. Misdemeanors prohibited under any of the Florida
1739	Statutes cited in this subsection or under similar statutes of
1740	other jurisdictions;
1741	3. Offenses that were felonies when committed but are now
1742	misdemeanors;
1743	4. Findings of delinquency; or
1744	5. Commissions of acts of domestic violence as defined in
1745	s. 741.28.
1746	(h) For the department to grant an exemption to any
1747	applicant under this section, the applicant must demonstrate by
1748	clear and convincing evidence that the applicant should not be
1749	disqualified from certification or renewal of certification.
1750	Applicants seeking an exemption have the burden of setting forth
1751	sufficient evidence of rehabilitation, including, but not
1752	limited to, the circumstances surrounding the criminal incident
1753	for which an exemption is sought, the time period that has
1754	elapsed since the incident, the nature of the harm caused to the
1755	victim, and the history of the applicant since the incident, or
1756	any other evidence or circumstances indicating that the
1757	applicant will not present a danger if certification or renewal
1758	of certification is granted. To do so the applicant must request
1759	an exemption and submit the required information supporting that
1760	request at the time of application so that the department may
1761	make a determination in accordance with this section.
1762	(i) Denial of certification or renewal of certification
1763	under paragraph (f) may not be removed from, nor may an
1764	exemption be granted to, any applicant who is found guilty of,
1765	regardless of plea or adjudication, any felony covered by
1766	paragraph (f) solely by reason of any pardon, executive
1767	clemency, or restoration of civil rights.
1768	(j) If an applicant has undergone a criminal history check
1769	as a condition of employment or licensing under any Florida
1770	Statute within 2 years prior to application under this section,
1771	the applicant may submit a copy of the official Florida Criminal
1772	History Record or National Criminal History Record produced
1773	under that requirement in lieu of the fingerprint card required
1774	in paragraph (a) or paragraph (b). The department shall
1775	determine if the submission meets its requirements and, if not,
1776	the applicant shall be required to comply with the provisions of
1777	this subsection. The department is authorized to share criminal
1778	history information with local, state, and federal agencies for
1779	purposes of licensing or employment background checks.
1780	Section 37. Subsection (6) is added to section 401.2701,
1781	Florida Statutes, to read:
1782	401.2701 Emergency medical services training programs.--
1783	(6) Training programs approved by the department shall at
1784	initiation of an emergency medical technician or paramedic
1785	course advise students of the certification and regulatory
1786	requirements of this chapter, including, but not limited to, the
1787	criminal history screening requirement for initial and renewal
1788	certification under s. 401.27. The department shall prescribe,
1789	by rule, the required content of this component of the course.
1790	Section 38. Subsection (2) of section 401.2715, Florida
1791	Statutes, is amended to read:
1792	401.2715 Recertification training of emergency medical
1793	technicians and paramedics.--
1794	(2) Any individual, institution, school, corporation, or
1795	governmental entity may conduct emergency medical technician or
1796	paramedic recertification training upon application to the
1797	department and payment of a nonrefundable fee to be deposited
1798	into the Emergency Medical Services Trust Fund. Institutions
1799	conducting department-approved educational programs as provided
1800	in this chapter and licensed ambulance services are exempt from
1801	the application process and payment of fees. Upon application,
1802	the department shall recognize any entity in this state that has
1803	approval from the Continuing Education Coordinating Board for
1804	Emergency Medical Services for courses in cardiopulmonary
1805	resuscitation or advanced life support for equivalency.The
1806	department shall adopt rules for the application and payment of
1807	a fee not to exceed the actual cost of administering this
1808	approval process.
1809	Section 39. Section 401.272, Florida Statutes, is amended
1810	to read:
1811	401.272 Emergency medical services community health
1812	care.--
1813	(1)(a)The purpose of this section is to encourage more
1814	effective utilization of the skills of emergency medical
1815	technicians and paramedics by enabling them to perform, in
1816	partnership with local county health departments, specific
1817	additional health care tasks that are consistent with the public
1818	health and welfare.
1819	(b)(2)Notwithstanding any other provision of law to the
1820	contrary:
1821	1.(a)Paramedics or emergency medical technicians may
1822	perform health promotion and wellness activities and blood
1823	pressure screenings in a nonemergency environment, within the
1824	scope of their training, and under the direction of a medical
1825	director. As used in this subparagraphparagraph, the term
1826	"health promotion and wellness" means the provision of public
1827	health programs pertaining to the prevention of illness and
1828	injury.
1829	2.(b)Paramedics may administer immunizations in a
1830	nonemergency environment, within the scope of their training,
1831	and under the direction of a medical director. There must be a
1832	written agreement between the paramedic's medical director and
1833	the county health department located in each county in which the
1834	paramedic administers immunizations. This agreement must
1835	establish the protocols, policies, and procedures under which
1836	the paramedic must operate.
1837	(c)(3)Each medical director under whose direction a
1838	paramedic administers immunizations must verify and document
1839	that the paramedic has received sufficient training and
1840	experience to administer immunizations. The verification must be
1841	documented on forms developed by the department, and the
1842	completed forms must be maintained at the service location of
1843	the licensee and made available to the department upon request.
1844	(d)(4)The department may adopt and enforce all rules
1845	necessary to enforce the provisions relating to a paramedic's
1846	administration of immunizations and the performance of health
1847	promotion and wellness activities and blood pressure screenings
1848	by a paramedic or emergency medical technician in a nonemergency
1849	environment.
1850	(2) Notwithstanding any other provision of law to the
1851	contrary, paramedics may provide basic life support and advanced
1852	life support in a hospital emergency department. Such services
1853	provided by paramedics must be under the direction of the
1854	manager or nursing director of the emergency department. Where
1855	the management and provision of emergency medical services is
1856	contracted by the hospital, paramedics providing services in the
1857	emergency department must be employees of the medical group
1858	contracted to provide emergency medical services to the hospital
1859	and the services provided by paramedics must be under the direct
1860	supervision of a physician.
1861	Section 40. Subsection (4) of section 404.056, Florida
1862	Statutes, is amended to read:
1863	404.056 Environmental radiation standards and projects;
1864	certification of persons performing measurement or mitigation
1865	services; mandatory testing; notification on real estate
1866	documents; rules.--
1867	(4) MANDATORY TESTING.--All public and private school
1868	buildings or school sites housing students in kindergarten
1869	through grade 12; all state-owned, state-operated, state-
1870	regulated, or state-licensed 24-hour care facilities; and all
1871	state-licensed day care centers for children or minors which are
1872	located in counties designated within the Department of
1873	Community Affairs' Florida Radon Protection Map Categories as
1874	"Intermediate" or "Elevated Radon Potential" shall be measured
1875	to determine the level of indoor radon, using measurement
1876	procedures established by the department. Initial measurements
1877	Testing shall be performedcompleted within the first year of
1878	constructionin 20 percent of the habitable first floor spaces
1879	within any of the regulated buildings. Initial measurements
1880	shall be completed and reported to the department within 1by
1881	July 1 of the year after the datethe building is opened for
1882	occupancy or within 1 year after license approval for an entity
1883	residing in an existing building. Followup testing must be
1884	completed in 5 percent of the habitable first floor spaces
1885	within any of the regulated buildings after the building has
1886	been occupied for 5 years, and results must be reported to the
1887	department by the first dayJuly 1 of the 6th5thyear of
1888	occupancy. After radon measurements have been made twice,
1889	regulated buildings need not undergo further testing unless
1890	significant structural changes occur. No funds collected
1891	pursuant to s. 553.721 shall be used to carry out the provisions
1892	of this subsection.
1893	Section 41. Subsection (5) of section 409.814, Florida
1894	Statutes, is amended to read:
1895	409.814 Eligibility.--A child whose family income is equal
1896	to or below 200 percent of the federal poverty level is eligible
1897	for the Florida Kidcare program as provided in this section. In
1898	determining the eligibility of such a child, an assets test is
1899	not required. An applicant under 19 years of age who, based on a
1900	complete application, appears to be eligible for the Medicaid
1901	component of the Florida Kidcare program is presumed eligible
1902	for coverage under Medicaid, subject to federal rules. A child
1903	who has been deemed presumptively eligible for Medicaid shall
1904	not be enrolled in a managed care plan until the child's full
1905	eligibility determination for Medicaid has been completed. The
1906	Florida Healthy Kids Corporation may, subject to compliance with
1907	applicable requirements of the Agency for Health Care
1908	Administration and the Department of Children and Family
1909	Services, be designated as an entity to conduct presumptive
1910	eligibility determinations. An applicant under 19 years of age
1911	who, based on a complete application, appears to be eligible for
1912	the Medikids, Florida Healthy Kids, or Children's Medical
1913	Services network program component, who is screened as
1914	ineligible for Medicaid and prior to the monthly verification of
1915	the applicant's enrollment in Medicaid or of eligibility for
1916	coverage under the state employee health benefit plan, may be
1917	enrolled in and begin receiving coverage from the appropriate
1918	program component on the first day of the month following the
1919	receipt of a completed application. For enrollment in the
1920	Children's Medical Services network, a complete application
1921	includes the medical or behavioral health screening. If, after
1922	verification, an individual is determined to be ineligible for
1923	coverage, he or she must be disenrolled from the respective
1924	Title XXI-funded Kidcare program component.
1925	(5) A child whose family income is above 200 percent of
1926	the federal poverty level or a child who is excluded under the
1927	provisions of subsection (4) may participate in the Florida
1928	Healthy Kids program or the Medikids program,Kidcare program,
1929	excluding the Medicaid program, but issubject to the following
1930	provisions:
1931	(a) The family is not eligible for premium assistance
1932	payments and must pay the full cost of the premium, including
1933	any administrative costs.
1934	(b) The agency is authorized to place limits on enrollment
1935	in Medikids by these children in order to avoid adverse
1936	selection. The number of children participating in Medikids
1937	whose family income exceeds 200 percent of the federal poverty
1938	level must not exceed 10 percent of total enrollees in the
1939	Medikids program.
1940	(c) The board of directors of the Florida Healthy Kids
1941	Corporation is authorized to place limits on enrollment of these
1942	children in order to avoid adverse selection. In addition, the
1943	board is authorized to offer a reduced benefit package to these
1944	children in order to limit program costs for such families. The
1945	number of children participating in the Florida Healthy Kids
1946	program whose family income exceeds 200 percent of the federal
1947	poverty level must not exceed 10 percent of total enrollees in
1948	the Florida Healthy Kids program.
1949	(d) Children described in this subsection are not counted
1950	in the annual enrollment ceiling for the Florida Kidcare
1951	program.
1952	Section 42. Paragraph (d) of subsection (1) of section
1953	455.227, Florida Statutes, is amended to read:
1954	455.227 Grounds for discipline; penalties; enforcement.--
1955	(1) The following acts shall constitute grounds for which
1956	the disciplinary actions specified in subsection (2) may be
1957	taken:
1958	(d) Using a Class III or a Class IV laser device or
1959	product, as defined by federal regulations, without having
1960	complied with the rules adopted pursuant to s. 404.24(2)
1961	501.122(2)governing the registration of such devices.
1962	Section 43. Subsection (7) is added to section 456.017,
1963	Florida Statutes, to read:
1964	456.017 Examinations.--
1965	(7) The department may post examination scores
1966	electronically on the Internet in lieu of mailing the scores to
1967	each applicant. Such electronic posting of the examination
1968	scores meets the requirements of chapter 120 if the department
1969	also posts with the examination scores a notification of rights
1970	as set forth in chapter 120. The date of receipt for purposes of
1971	chapter 120 shall be the date the examination scores are posted
1972	electronically. The department shall also notify the examinee
1973	when scores are posted electronically of the availability of a
1974	postexamination review, if applicable.
1975	Section 44. Subsection (7) of section 456.025, Florida
1976	Statutes, is amended to read:
1977	456.025 Fees; receipts; disposition.--
1978	(7) Each board, or the department if there is no board,
1979	shall establish, by rule, a fee not to exceed $250 for anyone
1980	seeking approval to provide continuing education courses or
1981	programs and shall establish by rule a biennial renewal fee not
1982	to exceed $250 for the renewal of providership of such courses.
1983	The fees collected from continuing education providers shall be
1984	used for the purposes of reviewing course provider applications,
1985	monitoring the integrity of the courses provided, andcovering
1986	legal expenses incurred as a result of not granting or renewing
1987	a providership, and developing and maintaining an electronic
1988	continuing education tracking system. The department shall
1989	implement an electronic continuing education tracking system for
1990	each new biennial renewal cycle for which electronic renewals
1991	are implemented after the effective date of this act and shall
1992	integrate such system into the licensure and renewal system. All
1993	approved continuing education providers shall provide
1994	information on course attendance to the department necessary to
1995	implement the electronic tracking system. The department shall,
1996	by rule, specify the form and procedures by which the
1997	information is to be submitted.
1998	Section 45. Paragraph (b) of subsection (1) of section
1999	456.0375, Florida Statutes, is amended to read:
2000	456.0375 Registration of certain clinics; requirements;
2001	discipline; exemptions.--
2002	(1)
2003	(b) For purposes of this section, the term "clinic" does
2004	not include and the registration requirements herein do not
2005	apply to:
2006	1. Entities licensed or registered by the state pursuant
2007	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
2008	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
2009	480, or chapter 484.
2010	2. Entities exempt from federal taxation under 26 U.S.C.
2011	s. 501(c)(3) and community college and university clinics.
2012	3. Sole proprietorships, group practices, partnerships, or
2013	corporations that provide health care services by licensed
2014	health care practitioners pursuant to chapters 457, 458, 459,
2015	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
2016	part III, part X, part XIII, or part XIV of chapter 468, or s.
2017	464.012, which are wholly owned by licensed health care
2018	practitioners or the licensed health care practitioner and the
2019	spouse, parent, or child of a licensed health care practitioner,
2020	so long as one of the owners who is a licensed health care
2021	practitioner is supervising the administrativeservices
2022	performed therein and is legally responsible for the entity's
2023	compliance with all federal and state laws. However, no health
2024	care practitioner may supervise the health care delivery
2025	services beyond the scope of the practitioner's license.
2026	Supervision of the administrative services for compliance with
2027	federal and state laws is different and distinct from
2028	supervision of the delivery of health care services. Health care
2029	delivery is the sole responsibility of the physician delivering
2030	health care services.
2031	4. Clinical facilities affiliated with an accredited
2032	medical school at which training is provided for medical
2033	students, residents, or fellows.
2034	Section 46. Paragraph (a) of subsection (4) of section
2035	456.039, Florida Statutes, is amended to read:
2036	456.039 Designated health care professionals; information
2037	required for licensure.--
2038	(4)(a) An applicant for initial licensure must submit a
2039	set of fingerprints to the Department of Health in accordance
2040	with s. 458.311, s. 458.3115, s. 458.3124, s. 458.313,s.
2041	459.0055, s. 460.406, or s. 461.006.
2042	Section 47. Subsection (1) of section 456.049, Florida
2043	Statutes, is amended to read:
2044	456.049 Health care practitioners; reports on professional
2045	liability claims and actions.--
2046	(1) Any practitioner of medicine licensed pursuant to the
2047	provisions of chapter 458, practitioner of osteopathic medicine
2048	licensed pursuant to the provisions of chapter 459, podiatric
2049	physician licensed pursuant to the provisions of chapter 461, or
2050	dentist licensed pursuant to the provisions of chapter 466 shall
2051	report to the department any claim or action for damages for
2052	personal injury alleged to have been caused by error, omission,
2053	or negligence in the performance of such licensee's professional
2054	services or based on a claimed performance of professional
2055	services without consent if the claim was not covered by an
2056	insurer required to report under s. 627.912 and the claim
2057	resulted in:
2058	(a) A final judgment of $50,000 or more, or of $25,000 or
2059	more for a dentist licensed pursuant to the provisions of
2060	chapter 466in any amount.
2061	(b) A settlement of $50,000 or more, or of $25,000 or more
2062	for a dentist licensed pursuant to the provisions of chapter 466
2063	in any amount.
2064	(c) A final disposition not resulting in payment on behalf
2065	of the licensee.
2066
2067	Reports shall be filed with the department no later than 60 days
2068	following the occurrence of any event listed in paragraph (a),
2069	paragraph (b), or paragraph (c).
2070	Section 48. Subsection (3) of section 456.063, Florida
2071	Statutes, is amended to read:
2072	456.063 Sexual misconduct; disqualification for license,
2073	certificate, or registration.--
2074	(3) Licensed health care practitioners shall report
2075	allegations of sexual misconduct to the department, regardless
2076	of the practice setting in which the alleged sexual misconduct
2077	occurred. Each board, or the department if there is no board,
2078	may adopt rules to implement the requirements for reporting
2079	allegations of sexual misconduct, including rules to determine
2080	the sufficiency of the allegations.
2081	Section 49. Paragraphs (d), (aa), and (bb) of subsection
2082	(1) and subsection (4) of section 456.072, Florida Statutes, are
2083	amended, paragraph (dd) is added to subsection (1), and
2084	subsection (7) is added to said section, to read:
2085	456.072 Grounds for discipline; penalties; enforcement.--
2086	(1) The following acts shall constitute grounds for which
2087	the disciplinary actions specified in subsection (2) may be
2088	taken:
2089	(d) Using a Class III or a Class IV laser device or
2090	product, as defined by federal regulations, without having
2091	complied with the rules adopted pursuant to s. 404.24(2)
2092	501.122(2)governing the registration of such devices.
2093	(aa) Performing or attempting to perform health care
2094	services on the wrong patient, a wrong-site procedure, a wrong
2095	procedure, or an unauthorized procedure or a procedure that is
2096	medically unnecessary or otherwise unrelated to the patient's
2097	diagnosis or medical condition. For the purposes of this
2098	paragraph, performing or attempting to perform health care
2099	services includes invasive actions taken in furtherance ofthe
2100	preparation of the patient, but does not include those
2101	preparations that are noninvasive.
2102	(bb) Leaving a foreign body in a patient, such as a
2103	sponge, clamp, forceps, surgical needle, or other paraphernalia
2104	commonly used in surgical, examination, or other diagnostic
2105	procedures, unless leaving the foreign body is medically
2106	indicated and documented in the patient record. For the purposes
2107	of this paragraph, it shall be legally presumed that retention
2108	of a foreign body is not in the best interest of the patient and
2109	is not within the standard of care of the profession, unless
2110	medically indicated and documented in the patient record
2111	regardless of the intent of the professional.
2112	(dd) Prescribing, administering, dispensing, or
2113	distributing a legend drug, including a controlled substance,
2114	when the practitioner knows or reasonably should know that the
2115	receiving patient has not established a valid professional
2116	relationship with the prescribing practitioner. A medical
2117	questionnaire completed by Internet, telephone, electronic
2118	transfer, or mail does not establish a valid professional
2119	relationship.
2120	(4) In anyaddition to any other discipline imposed
2121	through final order, or citation,entered on or after July 1,
2122	2001, that imposes a penalty or other form of discipline
2123	pursuant to this section or discipline imposed through final
2124	order, or citation, entered on or after July 1, 2001,for a
2125	violation of any practice act, the board, or the department when
2126	there is no board, shall assess costs related to the
2127	investigation and prosecution of the case, including costs
2128	associated with an attorney's time. The amount of costs to be
2129	assessed shall be determined by the board, or the department
2130	when there is no board, following its consideration of an
2131	affidavit of itemized costs and any written objections thereto.
2132	In any case where the board or the department imposesa fine or
2133	assessment of costs imposed by the board or departmentand the
2134	fine or assessmentis not paid within a reasonable time, such
2135	reasonable time to be prescribed in the rules of the board, or
2136	the department when there is no board, or in the order assessing
2137	such fines or costs, the department or the Department of Legal
2138	Affairs may contract for the collection of, or bring a civil
2139	action to recover, the fine or assessment.
2140	(7) In any formal administrative hearing conducted under
2141	s. 120.57(1), the department shall establish grounds for
2142	revocation or suspension of a license by clear and convincing
2143	evidence. Any other forms of discipline shall be established by
2144	the greater weight of the evidence.
2145	Section 50. Subsections (1) and (5) of section 456.073,
2146	Florida Statutes, are amended to read:
2147	456.073 Disciplinary proceedings.--Disciplinary
2148	proceedings for each board shall be within the jurisdiction of
2149	the department.
2150	(1) The department, for the boards under its jurisdiction,
2151	shall cause to be investigated any complaint that is filed
2152	before it if the complaint is in writing, signed by the
2153	complainant, and legally sufficient. A complaint is legally
2154	sufficient if it contains ultimate facts that show that a
2155	violation of this chapter, of any of the practice acts relating
2156	to the professions regulated by the department, or of any rule
2157	adopted by the department or a regulatory board in the
2158	department has occurred. In order to determine legal
2159	sufficiency, the department may require supporting information
2160	or documentation. The department may investigate, and the
2161	department or the appropriate board may take appropriate final
2162	action on, a complaint even though the original complainant
2163	withdraws it or otherwise indicates a desire not to cause the
2164	complaint to be investigated or prosecuted to completion. The
2165	department may investigate an anonymous complaint if the
2166	complaint is in writing and is legally sufficient, if the
2167	alleged violation of law or rules is substantial, and if the
2168	department has reason to believe, after preliminary inquiry,
2169	that the violations alleged in the complaint are true. The
2170	department may investigate a complaint made by a confidential
2171	informant if the complaint is legally sufficient, if the alleged
2172	violation of law or rule is substantial, and if the department
2173	has reason to believe, after preliminary inquiry, that the
2174	allegations of the complainant are true. The department may
2175	initiate an investigation if it has reasonable cause to believe
2176	that a licensee or a group of licensees has violated a Florida
2177	statute, a rule of the department, or a rule of a board. Except
2178	as provided in ss. 458.331(9), 459.015(9), 460.413(5), and
2179	461.013(6),When an investigation of any subject is undertaken,
2180	the department shall promptly furnish to the subject or the
2181	subject's attorney a copy of the complaint or document that
2182	resulted in the initiation of the investigation. The subject may
2183	submit a written response to the information contained in such
2184	complaint or document within 3020days after service to the
2185	subject of the complaint or document. The subject's written
2186	response shall be considered by the probable cause panel. The
2187	right to respond does not prohibit the issuance of a summary
2188	emergency order if necessary to protect the public. However, if
2189	the secretary, or the secretary's designee, and the chair of the
2190	respective board or the chair of its probable cause panel agree
2191	in writing that such notification would be detrimental to the
2192	investigation, the department may withhold notification. The
2193	department may conduct an investigation without notification to
2194	any subject if the act under investigation is a criminal
2195	offense.
2196	(5)(a)A formal hearing before an administrative law judge
2197	from the Division of Administrative Hearings shall be requested
2198	heldpursuant to chapter 120 if there are any disputed issues of
2199	material fact raised within 45 days after service of the
2200	administrative complaint. The administrative law judge shall
2201	issue a recommended order pursuant to chapter 120. If any party
2202	raises an issue of disputed fact during an informal hearing, the
2203	hearing shall be terminated and a formal hearing pursuant to
2204	chapter 120 shall be held.
2205	(b) Notwithstanding s. 120.569(2), the department shall
2206	notify the division within 45 days after receipt of a petition
2207	or request for a hearing which the department has determined
2208	requires a formal hearing before an administrative law judge.
2209	(c) The division shall maintain time records for each case
2210	it receives. The division shall charge its expenses to the
2211	Medical Quality Assurance Trust Fund based on an hourly rate set
2212	forth in this paragraph. The costs charged shall include actual
2213	travel and copying expenses plus a $100 hourly fee for the
2214	actual time spent on the case by the administrative law judge or
2215	hearing officer. There shall be a one-time filing fee per case
2216	of $50. There shall be no charge for hearings canceled more than
2217	21 days in advance. Hearings canceled between 3 and 21 days in
2218	advance shall be billed for actual expenses incurred. For any
2219	formal hearing canceled less than 72 hours before the start of
2220	the hearing, actual expenses incurred and a cancellation fee of
2221	$250 shall be billed.
2222	Section 51. Section 456.077, Florida Statutes, is amended
2223	to read:
2224	456.077 Authority to issue citations.--
2225	(1) Notwithstanding s. 456.073, the board, or the
2226	department if there is no board, shall adopt rules to permit the
2227	issuance of citations. The citation shall be issued to the
2228	subject and shall contain the subject's name and address, the
2229	subject's license number if applicable, a brief factual
2230	statement, the sections of the law allegedly violated, and the
2231	penalty imposed. The citation must clearly state that the
2232	subject may choose, in lieu of accepting the citation, to follow
2233	the procedure under s. 456.073. If the subject disputes the
2234	matter in the citation, the procedures set forth in s. 456.073
2235	must be followed. However, if the subject does not dispute the
2236	matter in the citation with the department within 30 days after
2237	the citation is served, the citation becomes a publicfinal
2238	order and does not constituteconstitutes discipline for a first
2239	offense. The penalty shall be a fine or other conditions as
2240	established by rule.
2241	(2) The board, or the department if there is no board,
2242	shall adopt rules designating violations for which a citation
2243	may be issued. Such rules shall designate as citation violations
2244	those violations for which there is no substantial threat to the
2245	public health, safety, and welfare. Violations for which a
2246	citation may be issued shall include violations of continuing
2247	education requirements; failure to timely pay required fees and
2248	fines; failure to comply with the requirements of ss. 381.026
2249	and 381.0261 regarding the dissemination of information
2250	regarding patient rights; failure to comply with advertising
2251	requirements; failure to timely update practitioner profile and
2252	credentialing files; failure to display signs, licenses, and
2253	permits; failure to have required reference books available; and
2254	all other violations that do not pose a direct and serious
2255	threat to the health and safety of the patient.
2256	(3) The department shall be entitled to recover the costs
2257	of investigation, in addition to any penalty provided according
2258	to board or department rule, as part of the penalty levied
2259	pursuant to the citation.
2260	(4) A citation must be issued within 6 months after the
2261	filing of the complaint that is the basis for the citation.
2262	(4)(5)Service of a citation may be made by personal
2263	service or certified mail, restricted delivery, to the subject
2264	at the subject's last known address.
2265	(5)(6)A board has 6 months in which to enact rules
2266	designating violations and penalties appropriate for citation
2267	offenses. Failure to enact such rules gives the department
2268	exclusive authority to adopt rules as required for implementing
2269	this section. A board has continuous authority to amend its
2270	rules adopted pursuant to this section.
2271	Section 52. Section 456.078, Florida Statutes, is amended
2272	to read:
2273	456.078 Mediation.--
2274	(1) Notwithstanding the provisions of s. 456.073, the
2275	board, or the department when there is no board, shall adopt
2276	rules to designate which violations of the applicable
2277	professional practice act are appropriate for mediation. The
2278	board, or the department when there is no board, shallmay
2279	designate as mediation offenses those complaints where harm
2280	caused by the licensee is economic in nature, except complaints
2281	involving fraud,or can be remedied by the licensee, or does not
2282	result in an adverse incident. For the purposes of this section,
2283	an adverse incident is defined as an event that results in:
2284	(a) The death of a patient;
2285	(b) Brain or spinal damage to a patient;
2286	(c) The performance of a surgical procedure on the wrong
2287	patient;
2288	(d) The performance of a wrong-site surgical procedure;
2289	(e) The performance of a wrong surgical procedure;
2290	(f) The performance of a surgical procedure that is
2291	medically unnecessary or otherwise unrelated to the patient's
2292	diagnosis or medical condition;
2293	(g) The surgical repair of damage resulting to a patient
2294	from a planned surgical procedure, where the damage is not a
2295	recognized specific risk, as disclosed to the patient and
2296	documented through the informed-consent process; or
2297	(h) The performance of procedures to remove unplanned
2298	foreign objects remaining from a surgical procedure.
2299	(2) After the department determines a complaint is legally
2300	sufficient and the alleged violations are defined as mediation
2301	offenses, the department or any agent of the department may
2302	conduct informal mediation to resolve the complaint. If the
2303	complainant and the subject of the complaint agree to a
2304	resolution of a complaint within 14 days after contact by the
2305	mediator, the mediator shall notify the department of the terms
2306	of the resolution. The department or board shall take no further
2307	action unless the complainant and the subject each fail to
2308	record with the department an acknowledgment of satisfaction of
2309	the terms of mediation within 60 days of the mediator's
2310	notification to the department. A successful mediation shall
2311	include a statement of whether or not the resolution constitutes
2312	discipline. However,in the event the complainant and subject
2313	fail to reach settlement terms or to record the required
2314	acknowledgment, the department shall process the complaint
2315	according to the provisions of s. 456.073.
2316	(3) Conduct or statements made during mediation are
2317	inadmissible in any proceeding pursuant to s. 456.073. Further,
2318	any information relating to the mediation of a case shall be
2319	subject to the confidentiality provisions of s. 456.073.
2320	(4) Any licensee who completes a successful mediation
2321	shall pay the department's administrative costs for the
2322	mediation. No licensee shall go through the mediation process
2323	more than once if the allegation relates to the breach of the
2324	standard of care for that health care professional. In any
2325	event,no licensee shall go through the mediation process more
2326	than three times without approval of the department. The
2327	department may consider the subject and dates of the earlier
2328	complaints in rendering its decision. Such decision shall not be
2329	considered a final agency action for purposes of chapter 120.
2330	(5) A board has 6 months in which to adopt rules
2331	designating violations appropriate for mediation. Failure to
2332	adopt such rules gives the department exclusive authority to
2333	adopt rules as required for implementing this sectionAny board
2334	created on or after January 1, 1995, shall have 6 months to
2335	adopt rules designating which violations are appropriate for
2336	mediation, after which time the department shall have exclusive
2337	authority to adopt rules pursuant to this section. A board shall
2338	have continuing authority to amend its rules adopted pursuant to
2339	this section.
2340	Section 53. Section 458.303, Florida Statutes, is amended
2341	to read:
2342	458.303 Provisions not applicable to other practitioners;
2343	exceptions, etc.--
2344	(1) The provisions of ss. 458.301, 458.303, 458.305,
2345	458.307, 458.309, 458.311, 458.313, 458.315, 458.317,458.319,
2346	458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
2347	458.343, 458.345, and 458.347 shall have no application to:
2348	(a) Other duly licensed health care practitioners acting
2349	within their scope of practice authorized by statute.
2350	(b) Any physician lawfully licensed in another state or
2351	territory or foreign country, when meeting duly licensed
2352	physicians of this state in consultation.
2353	(c) Commissioned medical officers of the Armed Forces of
2354	the United States and of the Public Health Service of the United
2355	States while on active duty and while acting within the scope of
2356	their military or public health responsibilities.
2357	(d) Any person while actually serving without salary or
2358	professional fees on the resident medical staff of a hospital in
2359	this state, subject to the provisions of s. 458.321.
2360	(e) Any person furnishing medical assistance in case of an
2361	emergency.
2362	(f) The domestic administration of recognized family
2363	remedies.
2364	(g) The practice of the religious tenets of any church in
2365	this state.
2366	(h) Any person or manufacturer who, without the use of
2367	drugs or medicine, mechanically fits or sells lenses, artificial
2368	eyes or limbs, or other apparatus or appliances or is engaged in
2369	the mechanical examination of eyes for the purpose of
2370	constructing or adjusting spectacles, eyeglasses, or lenses.
2371	(2) Nothing in s. 458.301, s. 458.303, s. 458.305, s.
2372	458.307, s. 458.309, s. 458.311, s. 458.313,s. 458.319, s.
2373	458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
2374	458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall
2375	be construed to prohibit any service rendered by a registered
2376	nurse or a licensed practical nurse, if such service is rendered
2377	under the direct supervision and control of a licensed physician
2378	who provides specific direction for any service to be performed
2379	and gives final approval to all services performed. Further,
2380	nothing in this or any other chapter shall be construed to
2381	prohibit any service rendered by a medical assistant in
2382	accordance with the provisions of s. 458.3485.
2383	Section 54. Section 458.311, Florida Statutes, is amended
2384	to read:
2385	(Substantial rewording of section. See
2386	s. 458.311, F.S., for present text.)
2387	458.311 Licensure; requirements; fees.--
2388	(1) Any person desiring to be licensed as a physician
2389	shall apply to the department on forms furnished by the
2390	department. The department shall license each applicant who the
2391	board certifies has met the provisions of this section.
2392	(2) Each applicant must demonstrate compliance with the
2393	following:
2394	(a) Has completed the application form and remitted a
2395	nonrefundable application fee not to exceed $500.
2396	(b) Is at least 21 years of age.
2397	(c) Is of good moral character.
2398	(d) Has not committed any act or offense in this or any
2399	other jurisdiction which would constitute the basis for
2400	disciplining a physician pursuant to s. 458.331.
2401	(e) Has submitted to the department a set of fingerprints
2402	on a form and under procedures specified by the department,
2403	along with a payment in an amount equal to the costs incurred by
2404	the department for the criminal history check of the applicant.
2405	(f) Has caused to be submitted to the department core
2406	credentials verified by the Federation Credentials Verification
2407	Service of the Federation of State Medical Boards.
2408	(g) For an applicant holding a valid active license in
2409	another state, has submitted evidence of the active licensed
2410	practice of medicine in another jurisdiction for at least 2 of
2411	the immediately preceding 4 years or evidence of successful
2412	completion of either a board-approved postgraduate training
2413	program within 2 years preceding filing of an application or a
2414	board-approved clinical competency examination within the year
2415	preceding the filing of an application for licensure. For
2416	purposes of this paragraph, the term "active licensed practice
2417	of medicine" means that practice of medicine by physicians,
2418	including those employed by any governmental entity in community
2419	or public health, as defined by this chapter, those designated
2420	as medical directors under s. 641.495(11) who are practicing
2421	medicine, and those on the active teaching faculty of an
2422	accredited medical school. If the applicant fails to meet the
2423	requirements of this paragraph, the board may impose conditions
2424	on the license, including, but not limited to, supervision of
2425	practice.
2426	(3) Each applicant must demonstrate that he or she has
2427	complied with one of the following:
2428	(a) Is a graduate of an allopathic medical school or
2429	allopathic college recognized and approved by an accrediting
2430	agency recognized by the United States Department of Education
2431	or is a graduate of an allopathic medical school or allopathic
2432	college within a territorial jurisdiction of the United States
2433	recognized by the accrediting agency of the governmental body of
2434	that jurisdiction; or
2435	(b) Is a graduate of an allopathic international medical
2436	school registered with the World Health Organization and has had
2437	his or her medical credentials evaluated by the Educational
2438	Commission for Foreign Medical Graduates, holds an active, valid
2439	certificate issued by that commission, and has passed the
2440	examination utilized by that commission. However, a graduate of
2441	an international medical school need not present the certificate
2442	issued by the Educational Commission for Foreign Medical
2443	Graduates or pass the examination utilized by that commission if
2444	the graduate has:
2445	1. Received a bachelor's degree from an accredited United
2446	States college or university.
2447	2. Studied at a medical school which is recognized by the
2448	World Health Organization.
2449	3. Completed all of the formal requirements of the
2450	international medical school, except the internship or social
2451	service requirements, and passed part I of the National Board of
2452	Medical Examiners examination or the Educational Commission for
2453	Foreign Medical Graduates examination equivalent.
2454	4. Completed an academic year of supervised clinical
2455	training in a hospital affiliated with a medical school approved
2456	by the Council on Medical Education of the American Medical
2457	Association and, upon completion, passed part II of the National
2458	Board of Medical Examiners examination or the Educational
2459	Commission for Foreign Medical Graduates examination equivalent.
2460	(4) Each applicant must demonstrate that he or she has
2461	completed an Accreditation Council for Graduate Medical
2462	Education (ACGME) approved residency, as defined by board rule,
2463	of at least 2 years, or a fellowship of at least 2 years in one
2464	specialty area which is counted toward regular or subspecialty
2465	certification by a board recognized and certified by the
2466	American Board of Medical Specialties. However, applicants who
2467	meet the requirements of paragraph (3)(a) who completed their
2468	training prior to October 1, 2003, must demonstrate completion
2469	of at least 1 year of an approved residency.
2470	(5)(a) Each applicant must demonstrate that he or she has
2471	complied with one of the following examination requirements:
2472	1. Prior to January 1, 2000, has obtained a passing score,
2473	as established by rule of the board, on the licensure
2474	examination of the National Board of Medical Examiners (NBME),
2475	the licensure examination of the Federation of State Medical
2476	Boards of the United States, Inc. (FLEX), the United States
2477	Medical Licensing Examination (USMLE), or a combination thereof;
2478	2. On or after January 1, 2000, has obtained a passing
2479	score on all three steps of the United States Medical Licensing
2480	Examination (USMLE); or
2481	3. Has obtained a passing score on a state board
2482	examination or the Canadian licensing examination (LLMCC) if the
2483	applicant has a current active license in at least one other
2484	jurisdiction of the United States or Canada and has practiced
2485	pursuant to such licensure continuously for the immediately
2486	preceding 10 years without encumbrance on the license.
2487	(b) As prescribed by board rule, the board may require an
2488	applicant who does not pass any step of the national licensing
2489	examination after five attempts to complete additional remedial
2490	education or training.
2491	(c) As prescribed by board rule, the board may require an
2492	applicant who does not pass all steps of the United States
2493	Medical Licensing Examination (USMLE) within 7 years to complete
2494	additional remedial education or training or to retake the step
2495	of the examination which the applicant passed first.
2496	(6) The department and the board shall ensure that
2497	applicants for licensure meet the criteria of this section
2498	through an investigative process.
2499	(7) The board may not certify to the department for
2500	licensure any applicant who is under investigation in another
2501	jurisdiction for an offense which would constitute a violation
2502	of this chapter until such investigation is completed. Upon
2503	completion of the investigation, the provisions of s. 458.331
2504	shall apply. Furthermore, the department may not issue an
2505	unrestricted license to any individual who has committed any act
2506	or offense in any jurisdiction which would constitute the basis
2507	for disciplining a physician pursuant to s. 458.331. When the
2508	board finds that an individual has committed an act or offense
2509	in any jurisdiction which would constitute the basis for
2510	disciplining a physician pursuant to s. 458.331, the board may
2511	enter an order imposing one or more of the terms set forth in s.
2512	456.072(2).
2513	(8) The board may adopt rules pursuant to ss. 120.536(1)
2514	and 120.54 necessary to carry out the provisions of this
2515	section, which shall be applied on a uniform and consistent
2516	basis.
2517	(9) When the board determines that any applicant for
2518	licensure has failed to meet, to the board's satisfaction, each
2519	of the appropriate requirements set forth in this section, it
2520	may enter an order requiring one or more of the following terms:
2521	(a) Refusal to certify to the department an application
2522	for licensure, certification, or registration;
2523	(b) Certification to the department of an application for
2524	licensure, certification, or registration with restrictions on
2525	the scope of practice of the licensee; or
2526	(c) Certification to the department of an application for
2527	licensure, certification, or registration with placement of the
2528	physician on probation for a period of time and subject to such
2529	conditions as the board may specify, including, but not limited
2530	to, requiring the physician to submit to treatment, attend
2531	continuing education courses, submit to reexamination, or work
2532	under the supervision of another physician.
2533	Section 55. Subsection (5) of section 458.3124, Florida
2534	Statutes, is amended to read:
2535	458.3124 Restricted license; certain experienced foreign-
2536	trained physicians.--
2537	(5) Notwithstanding s. 458.311(3) and (4)(1)(f), a person
2538	who successfully meets the requirements of this section and who
2539	successfully passes Step III of the United States Medical
2540	Licensing Examination is eligible for full licensure as a
2541	physician.
2542	Section 56. Section 458.315, Florida Statutes, is amended
2543	to read:
2544	(Substantial rewording of section. See
2545	s. 458.315, F.S., for present text.)
2546	458.315 Limited licenses.--
2547	(1) Any person desiring to obtain a limited license shall
2548	apply to the department on forms furnished by the department.
2549	The department shall license each applicant who the board
2550	certifies:
2551	(a) Has submitted to the department, with an application
2552	and fee not to exceed $300, a statement stating that he or she
2553	has been licensed to practice medicine in any jurisdiction or
2554	territory of the United States or Canada for at least 2 years
2555	and intends to practice only pursuant to the restrictions of a
2556	limited license granted pursuant to this section. However, if
2557	the physician will only use the limited license for
2558	noncompensated practice, and submits a statement from the
2559	employing agency or institution stating that he or she will not
2560	receive compensation for any service involving the practice of
2561	medicine, the application fee and all licensure fees shall be
2562	waived.
2563	(b) Has submitted evidence of the active licensed practice
2564	of medicine in any jurisdiction or territory of the United
2565	States or Canada for at least 2 of the immediately preceding 4
2566	years. For purposes of this paragraph, the term "active licensed
2567	practice of medicine" means that practice of medicine by
2568	physicians, including those employed by any government entity in
2569	community or public health, as defined by this chapter, those
2570	designated as medical directors under s. 641.495(11) who are
2571	practicing medicine, and those on the active teaching faculty of
2572	an accredited medical school. If it has been more than 3 years
2573	since active practice was conducted by the applicant, a licensed
2574	physician approved by the board shall supervise the applicant
2575	for a period of 6 months after he or she is granted a limited
2576	license for practice, unless the board determines that a shorter
2577	period of supervision will be sufficient to ensure that the
2578	applicant is qualified for licensure. Procedures for such
2579	supervision shall be established by the board.
2580	(c) Has submitted to the department a set of fingerprints
2581	on a form and under procedures by the department for the
2582	criminal history check of the applicant.
2583	(d) Has not committed any act or offense in this or any
2584	other jurisdiction which would constitute the basis for
2585	disciplining a physician pursuant to s. 458.331.
2586	(2) After approval of an application under this section, a
2587	limited license may not be issued until the applicant provides
2588	to the board an affidavit that there have been no substantial
2589	changes in his or her status since initial application.
2590	(3) The recipient of a limited license used for
2591	noncompensated practice shall only practice in the employ of
2592	programs or facilities that provide uncompensated health care
2593	services by volunteer licensed health care professionals to low-
2594	income persons whose family income does not exceed 120 percent
2595	of the federal poverty level or to uninsured persons. These
2596	facilities shall include, but not be limited to, the department,
2597	community and migrant health centers funded under s. 330 of the
2598	Public Health Service Act, and volunteer health care provider
2599	programs contracted with the department to provide uncompensated
2600	care under the provisions of s. 766.1115.
2601	(4) The recipient of a limited license used for
2602	compensated practice shall only practice in the employ of
2603	certain programs and facilities that provide health care
2604	services and are located within federally designated primary
2605	care health professional shortage areas, unless otherwise
2606	approved by the Secretary of Health. These programs and
2607	facilities shall include, but not be limited to, the department,
2608	the Department of Corrections, county or municipal correctional
2609	facilities, the Department of Juvenile Justice, the Department
2610	of Children and Family Services, and those programs and
2611	facilities funded under s. 330 of the Public Health Service Act.
2612	(5) The recipient of a limited license shall, within 30
2613	days after accepting employment, notify the board of all
2614	approved institutions in which the licensee practices and all
2615	approved institutions in which the licensee's practice
2616	privileges have been denied. Evidence of noncompensated
2617	employment shall be required for the fee waiver under paragraph
2618	(1)(a).
2619	(6) Upon renewal, a limited licenseholder shall, in
2620	addition to complying with other applicable provisions of this
2621	chapter, document compliance with the restrictions prescribed in
2622	this section.
2623	(7) Any person holding an active or inactive license to
2624	practice medicine in the state may convert that license to a
2625	limited license for the purpose of providing volunteer,
2626	uncompensated care for low-income Floridians. The licensee must
2627	submit a statement from the employing agency or institution
2628	stating that he or she will not receive compensation for any
2629	service involving the practice of medicine. All licensure fees,
2630	including neurological injury compensation assessments, shall be
2631	waived.
2632	(8) Nothing in this section limits in any way any policy
2633	by the board otherwise authorized by law to grant licenses to
2634	physicians duly licensed in other states under conditions less
2635	restrictive than the requirements of this section.
2636	Notwithstanding any other provision of this section, the board
2637	may refuse to authorize a physician otherwise qualified to
2638	practice in the employ of any agency or institution otherwise
2639	qualified if the agency or institution has caused or permitted
2640	violations of the provisions of this chapter which it knew or
2641	should have known were occurring.
2642	Section 57. Subsection (4) of section 458.319, Florida
2643	Statutes, is amended to read:
2644	458.319 Renewal of license.--
2645	(4) Notwithstanding the provisions of s. 456.033,A
2646	physician may complete continuing education on end-of-life care
2647	and palliative care in lieu of continuing education in AIDS/HIV,
2648	if that physician has completed the AIDS/HIV continuing
2649	education in the immediately preceding biennium.
2650	Section 58. Paragraph (c) of subsection (5) of section
2651	458.320, Florida Statutes, is amended to read:
2652	458.320 Financial responsibility.--
2653	(5) The requirements of subsections (1), (2), and (3)
2654	shall not apply to:
2655	(c) Any person holding a limited license pursuant to s.
2656	458.315458.317and practicing under the scope of such limited
2657	license.
2658	Section 59. Section 458.3215, Florida Statutes, is created
2659	to read:
2660	458.3215 Reactivation of license for clinical research
2661	purposes.--
2662	(1) Any person who left the practice of medicine for
2663	purposes of retirement and who, at the time of retirement, was
2664	in good standing with the board may apply to the board to have
2665	his or her license reactivated, without examination, for
2666	purposes of seeing patients solely in a clinical research
2667	setting. Such person may not have been out of the practice of
2668	medicine for more than 10 years at the time of applying for
2669	reactivation of a license under this section.
2670	(2) The board shall by rule set the reactivation fee, not
2671	to exceed $300, and develop criteria for reactivation of a
2672	license under this section, including appropriate continuing
2673	education requirements, not to exceed those prescribed in s.
2674	458.321 for reactivation of a license.
2675	Section 60. Paragraph (t) of subsection (1) and
2676	subsections (6) and (9) of section 458.331, Florida Statutes,
2677	are amended to read:
2678	458.331 Grounds for disciplinary action; action by the
2679	board and department.--
2680	(1) The following acts constitute grounds for denial of a
2681	license or disciplinary action, as specified in s. 456.072(2):
2682	(t) Gross or repeated malpractice or the failure to
2683	practice medicine with that level of care, skill, and treatment
2684	which is recognized by a reasonably prudent similar physician as
2685	being acceptable under similar conditions and circumstances. The
2686	board shall give great weight to the provisions of s. 766.102
2687	when enforcing this paragraph. As used in this paragraph,
2688	"repeated malpractice" includes, but is not limited to, three or
2689	more claims for medical malpractice within the previous 5-year
2690	period resulting in indemnities being paid in excess of $50,000
2691	$25,000each to the claimant in a judgment or settlement and
2692	which incidents involved negligent conduct by the physician. As
2693	used in this paragraph, "gross malpractice" or "the failure to
2694	practice medicine with that level of care, skill, and treatment
2695	which is recognized by a reasonably prudent similar physician as
2696	being acceptable under similar conditions and circumstances,"
2697	shall not be construed so as to require more than one instance,
2698	event, or act. Nothing in this paragraph shall be construed to
2699	require that a physician be incompetent to practice medicine in
2700	order to be disciplined pursuant to this paragraph.
2701	(6) Upon the department's receipt from an insurer or self-
2702	insurer of a report of a closed claim against a physician
2703	pursuant to s. 627.912 or from a health care practitioner of a
2704	report pursuant to s. 456.049, or upon the receipt from a
2705	claimant of a presuit notice against a physician pursuant to s.
2706	766.106, the department shall review each report and determine
2707	whether it potentially involved conduct by a licensee that is
2708	subject to disciplinary action, in which case the provisions of
2709	s. 456.073 shall apply. However, if it is reported that a
2710	physician has had three or more claims with indemnities
2711	exceeding $50,000$25,000each within the previous 5-year
2712	period, the department shall investigate the occurrences upon
2713	which the claims were based and determine if action by the
2714	department against the physician is warranted.
2715	(9) When an investigation of a physician is undertaken,
2716	the department shall promptly furnish to the physician or the
2717	physician's attorney a copy of the complaint or document which
2718	resulted in the initiation of the investigation. For purposes of
2719	this subsection, such documents include, but are not limited to:
2720	the pertinent portions of an annual report submitted to the
2721	department pursuant to s. 395.0197(6); a report of an adverse
2722	incident which is provided to the department pursuant to s.
2723	395.0197; a report of peer review disciplinary action submitted
2724	to the department pursuant to s. 395.0193(4) or s. 458.337,
2725	providing that the investigations, proceedings, and records
2726	relating to such peer review disciplinary action shall continue
2727	to retain their privileged status even as to the licensee who is
2728	the subject of the investigation, as provided by ss. 395.0193(8)
2729	and 458.337(3); a report of a closed claim submitted pursuant to
2730	s. 627.912; a presuit notice submitted pursuant to s.
2731	766.106(2); and a petition brought under the Florida Birth-
2732	Related Neurological Injury Compensation Plan, pursuant to s.
2733	766.305(2). The physician may submit a written response to the
2734	information contained in the complaint or document which
2735	resulted in the initiation of the investigation within 3045
2736	days after service to the physician of the complaint or
2737	document. The physician's written response shall be considered
2738	by the probable cause panel.
2739	Section 61. Paragraph (c) of subsection (1) of section
2740	458.345, Florida Statutes, is amended to read:
2741	458.345 Registration of resident physicians, interns, and
2742	fellows; list of hospital employees; prescribing of medicinal
2743	drugs; penalty.--
2744	(1) Any person desiring to practice as a resident
2745	physician, assistant resident physician, house physician,
2746	intern, or fellow in fellowship training which leads to
2747	subspecialty board certification in this state, or any person
2748	desiring to practice as a resident physician, assistant resident
2749	physician, house physician, intern, or fellow in fellowship
2750	training in a teaching hospital in this state as defined in s.
2751	408.07(44) or s. 395.805(2), who does not hold a valid, active
2752	license issued under this chapter shall apply to the department
2753	to be registered and shall remit a fee not to exceed $300 as set
2754	by the board. The department shall register any applicant the
2755	board certifies has met the following requirements:
2756	(c) Is a graduate of a medical school or college as
2757	specified in s. 458.311(3)(1)(f).
2758	Section 62. Paragraph (b) of subsection (7) of section
2759	458.347, Florida Statutes, is amended to read:
2760	458.347 Physician assistants.--
2761	(7) PHYSICIAN ASSISTANT LICENSURE.--
2762	(b)1. Notwithstanding subparagraph (a)2. and sub-
2763	subparagraph (a)3.a., the department shall examine each
2764	applicant who the Board of Medicine certifies:
2765	a. Has completed the application form and remitted a
2766	nonrefundable application fee not to exceed $500 and an
2767	examination fee not to exceed $300, plus the actual cost to the
2768	department to provide the examination. The examination fee is
2769	refundable if the applicant is found to be ineligible to take
2770	the examination. The department shall not require the applicant
2771	to pass a separate practical component of the examination. For
2772	examinations given after July 1, 1998, competencies measured
2773	through practical examinations shall be incorporated into the
2774	written examination through a multiple-choice format. The
2775	department shall translate the examination into the native
2776	language of any applicant who requests and agrees to pay all
2777	costs of such translation, provided that the translation request
2778	is filed with the board office no later than 9 months before the
2779	scheduled examination and the applicant remits translation fees
2780	as specified by the department no later than 6 months before the
2781	scheduled examination, and provided that the applicant
2782	demonstrates to the department the ability to communicate orally
2783	in basic English. If the applicant is unable to pay translation
2784	costs, the applicant may take the next available examination in
2785	English if the applicant submits a request in writing by the
2786	application deadline and if the applicant is otherwise eligible
2787	under this section. To demonstrate the ability to communicate
2788	orally in basic English, a passing score or grade is required,
2789	as determined by the department or organization that developed
2790	it, on the test for spoken English (TSE) by the Educational
2791	Testing Service (ETS), the test of English as a foreign language
2792	(TOEFL) by ETS, a high school or college level English course,
2793	or the English examination for citizenship, Immigration and
2794	Naturalization Service. A notarized copy of an Educational
2795	Commission for Foreign Medical Graduates (ECFMG) certificate may
2796	also be used to demonstrate the ability to communicate in basic
2797	English; and
2798	b.(I) Is an unlicensed physician who graduated from a
2799	foreign medical school listed with the World Health Organization
2800	who has not previously taken and failed the examination of the
2801	National Commission on Certification of Physician Assistants and
2802	who has been certified by the Board of Medicine as having met
2803	the requirements for licensure as a medical doctor by
2804	examination as set forth in s. 458.311(2)-(7)(1), (3), (4), and
2805	(5), with the exception that the applicant is not required to
2806	have completed an approved residency of at least 1 year and the
2807	applicant is not required to have passed the licensing
2808	examination specified under s. 458.311 or hold a valid, active
2809	certificate issued by the Educational Commission for Foreign
2810	Medical Graduates; was eligible and made initial application for
2811	certification as a physician assistant in this state between
2812	July 1, 1990, and June 30, 1991; and was a resident of this
2813	state on July 1, 1990, or was licensed or certified in any state
2814	in the United States as a physician assistant on July 1, 1990;
2815	or
2816	(II) Completed all coursework requirements of the Master
2817	of Medical Science Physician Assistant Program offered through
2818	the Florida College of Physician's Assistants prior to its
2819	closure in August of 1996. Prior to taking the examination, such
2820	applicant must successfully complete any clinical rotations that
2821	were not completed under such program prior to its termination
2822	and any additional clinical rotations with an appropriate
2823	physician assistant preceptor, not to exceed 6 months, that are
2824	determined necessary by the council. The boards shall determine,
2825	based on recommendations from the council, the facilities under
2826	which such incomplete or additional clinical rotations may be
2827	completed and shall also determine what constitutes successful
2828	completion thereof, provided such requirements are comparable to
2829	those established by accredited physician assistant programs.
2830	This sub-sub-subparagraph is repealed July 1, 2001.
2831	2. The department may grant temporary licensure to an
2832	applicant who meets the requirements of subparagraph 1. Between
2833	meetings of the council, the department may grant temporary
2834	licensure to practice based on the completion of all temporary
2835	licensure requirements. All such administratively issued
2836	licenses shall be reviewed and acted on at the next regular
2837	meeting of the council. A temporary license expires 30 days
2838	after receipt and notice of scores to the licenseholder from the
2839	first available examination specified in subparagraph 1.
2840	following licensure by the department. An applicant who fails
2841	the proficiency examination is no longer temporarily licensed,
2842	but may apply for a one-time extension of temporary licensure
2843	after reapplying for the next available examination. Extended
2844	licensure shall expire upon failure of the licenseholder to sit
2845	for the next available examination or upon receipt and notice of
2846	scores to the licenseholder from such examination.
2847	3. Notwithstanding any other provision of law, the
2848	examination specified pursuant to subparagraph 1. shall be
2849	administered by the department only five times. Applicants
2850	certified by the board for examination shall receive at least 6
2851	months' notice of eligibility prior to the administration of the
2852	initial examination. Subsequent examinations shall be
2853	administered at 1-year intervals following the reporting of the
2854	scores of the first and subsequent examinations. For the
2855	purposes of this paragraph, the department may develop, contract
2856	for the development of, purchase, or approve an examination that
2857	adequately measures an applicant's ability to practice with
2858	reasonable skill and safety. The minimum passing score on the
2859	examination shall be established by the department, with the
2860	advice of the board. Those applicants failing to pass that
2861	examination or any subsequent examination shall receive notice
2862	of the administration of the next examination with the notice of
2863	scores following such examination. Any applicant who passes the
2864	examination and meets the requirements of this section shall be
2865	licensed as a physician assistant with all rights defined
2866	thereby.
2867	Section 63. Subsection (5) of section 459.008, Florida
2868	Statutes, is amended to read:
2869	459.008 Renewal of licenses and certificates.--
2870	(5) Notwithstanding the provisions of s. 456.033,An
2871	osteopathic physician may complete continuing education on end-
2872	of-life and palliative care in lieu of continuing education in
2873	AIDS/HIV, if that physician has completed the AIDS/HIV
2874	continuing education in the immediately preceding biennium.
2875	Section 64. Section 459.0091, Florida Statutes, is created
2876	to read:
2877	459.0091 Reactivation of license for clinical research
2878	purposes.--
2879	(1) Any person who left the practice of osteopathic
2880	medicine for purposes of retirement and who, at the time of
2881	retirement, was in good standing with the board may apply to the
2882	board to have his or her license reactivated, without
2883	examination, for purposes of seeing patients solely in a
2884	clinical research setting. Such person may not have been out of
2885	the practice of medicine for more than 10 years at the time of
2886	applying for reactivation of a license under this section.
2887	(2) The board shall by rule set the reactivation fee, not
2888	to exceed $300, and develop criteria for reactivation of a
2889	license under this section, including appropriate continuing
2890	education requirements, not to exceed those prescribed in s.
2891	459.009 for reactivation of a license.
2892	Section 65. Paragraph (x) of subsection (1) and
2893	subsections (6) and (9) of section 459.015, Florida Statutes,
2894	are amended to read:
2895	459.015 Grounds for disciplinary action; action by the
2896	board and department.--
2897	(1) The following acts constitute grounds for denial of a
2898	license or disciplinary action, as specified in s. 456.072(2):
2899	(x) Gross or repeated malpractice or the failure to
2900	practice osteopathic medicine with that level of care, skill,
2901	and treatment which is recognized by a reasonably prudent
2902	similar osteopathic physician as being acceptable under similar
2903	conditions and circumstances. The board shall give great weight
2904	to the provisions of s. 766.102 when enforcing this paragraph.
2905	As used in this paragraph, "repeated malpractice" includes, but
2906	is not limited to, three or more claims for medical malpractice
2907	within the previous 5-year period resulting in indemnities being
2908	paid in excess of $50,000$25,000each to the claimant in a
2909	judgment or settlement and which incidents involved negligent
2910	conduct by the osteopathic physician. As used in this paragraph,
2911	"gross malpractice" or "the failure to practice osteopathic
2912	medicine with that level of care, skill, and treatment which is
2913	recognized by a reasonably prudent similar osteopathic physician
2914	as being acceptable under similar conditions and circumstances"
2915	shall not be construed so as to require more than one instance,
2916	event, or act. Nothing in this paragraph shall be construed to
2917	require that an osteopathic physician be incompetent to practice
2918	osteopathic medicine in order to be disciplined pursuant to this
2919	paragraph. A recommended order by an administrative law judge or
2920	a final order of the board finding a violation under this
2921	paragraph shall specify whether the licensee was found to have
2922	committed "gross malpractice," "repeated malpractice," or
2923	"failure to practice osteopathic medicine with that level of
2924	care, skill, and treatment which is recognized as being
2925	acceptable under similar conditions and circumstances," or any
2926	combination thereof, and any publication by the board shall so
2927	specify.
2928	(6) Upon the department's receipt from an insurer or self-
2929	insurer of a report of a closed claim against an osteopathic
2930	physician pursuant to s. 627.912 or from a health care
2931	practitioner of a report pursuant to s. 456.049, or upon the
2932	receipt from a claimant of a presuit notice against an
2933	osteopathic physician pursuant to s. 766.106, the department
2934	shall review each report and determine whether it potentially
2935	involved conduct by a licensee that is subject to disciplinary
2936	action, in which case the provisions of s. 456.073 shall apply.
2937	However, if it is reported that an osteopathic physician has had
2938	three or more claims with indemnities exceeding $50,000$25,000
2939	each within the previous 5-year period, the department shall
2940	investigate the occurrences upon which the claims were based and
2941	determine if action by the department against the osteopathic
2942	physician is warranted.
2943	(9) When an investigation of an osteopathic physician is
2944	undertaken, the department shall promptly furnish to the
2945	osteopathic physician or his or her attorney a copy of the
2946	complaint or document which resulted in the initiation of the
2947	investigation. For purposes of this subsection, such documents
2948	include, but are not limited to: the pertinent portions of an
2949	annual report submitted to the department pursuant to s.
2950	395.0197(6); a report of an adverse incident which is provided
2951	to the department pursuant to s. 395.0197; a report of peer
2952	review disciplinary action submitted to the department pursuant
2953	to s. 395.0193(4) or s. 459.016, provided that the
2954	investigations, proceedings, and records relating to such peer
2955	review disciplinary action shall continue to retain their
2956	privileged status even as to the licensee who is the subject of
2957	the investigation, as provided by ss. 395.0193(8) and
2958	459.016(3); a report of a closed claim submitted pursuant to s.
2959	627.912; a presuit notice submitted pursuant to s. 766.106(2);
2960	and a petition brought under the Florida Birth-Related
2961	Neurological Injury Compensation Plan, pursuant to s.
2962	766.305(2). The osteopathic physician may submit a written
2963	response to the information contained in the complaint or
2964	document which resulted in the initiation of the investigation
2965	within 3045days after service to the osteopathic physician of
2966	the complaint or document. The osteopathic physician's written
2967	response shall be considered by the probable cause panel.
2968	Section 66. Paragraph (d) of subsection (1) of section
2969	460.406, Florida Statutes, is amended to read:
2970	460.406 Licensure by examination.--
2971	(1) Any person desiring to be licensed as a chiropractic
2972	physician shall apply to the department to take the licensure
2973	examination. There shall be an application fee set by the board
2974	not to exceed $100 which shall be nonrefundable. There shall
2975	also be an examination fee not to exceed $500 plus the actual
2976	per applicant cost to the department for purchase of portions of
2977	the examination from the National Board of Chiropractic
2978	Examiners or a similar national organization, which may be
2979	refundable if the applicant is found ineligible to take the
2980	examination. The department shall examine each applicant who
2981	the board certifies has:
2982	(d)1. For an applicant who has matriculated in a
2983	chiropractic college prior to July 2, 1990, completed at least 2
2984	years of residence college work, consisting of a minimum of one-
2985	half the work acceptable for a bachelor's degree granted on the
2986	basis of a 4-year period of study, in a college or university
2987	accredited by an accrediting agency recognized and approved by
2988	the United States Department of Education. However, prior to
2989	being certified by the board to sit for the examination, each
2990	applicant who has matriculated in a chiropractic college after
2991	July 1, 1990, shall have been granted a bachelor's degree, based
2992	upon 4 academic years of study, by a college or university
2993	accredited by a regional accrediting agency which is a member of
2994	the Council for Higher Education Accreditation or the United
2995	States Department of EducationCommission on Recognition of
2996	Postsecondary Accreditation.
2997	2. Effective July 1, 2000, completed, prior to
2998	matriculation in a chiropractic college, at least 3 years of
2999	residence college work, consisting of a minimum of 90 semester
3000	hours leading to a bachelor's degree in a liberal arts college
3001	or university accredited by an accrediting agency recognized and
3002	approved by the United States Department of Education. However,
3003	prior to being certified by the board to sit for the
3004	examination, each applicant who has matriculated in a
3005	chiropractic college after July 1, 2000, shall have been granted
3006	a bachelor's degree from an institution holding accreditation
3007	for that degree from a regional accrediting agency which is
3008	recognized by the United States Department of Education. The
3009	applicant's chiropractic degree must consist of credits earned
3010	in the chiropractic program and may not include academic credit
3011	for courses from the bachelor's degree.
3012	Section 67. Subsection (5) of section 460.413, Florida
3013	Statutes, is amended to read:
3014	460.413 Grounds for disciplinary action; action by board
3015	or department.--
3016	(5) When an investigation of a chiropractic physician is
3017	undertaken, the department shall promptly furnish to the
3018	chiropractic physician or her or his attorney a copy of the
3019	complaint or document which resulted in the initiation of the
3020	investigation. The chiropractic physician may submit a written
3021	response to the information contained in such complaint or
3022	document within 3045days after service to the chiropractic
3023	physician of the complaint or document. The chiropractic
3024	physician's written response shall be considered by the probable
3025	cause panel.
3026	Section 68. Paragraph (s) of subsection (1), paragraph (a)
3027	of subsection (5), and subsection (6) of section 461.013,
3028	Florida Statutes, are amended to read:
3029	461.013 Grounds for disciplinary action; action by the
3030	board; investigations by department.--
3031	(1) The following acts constitute grounds for denial of a
3032	license or disciplinary action, as specified in s. 456.072(2):
3033	(s) Gross or repeated malpractice or the failure to
3034	practice podiatric medicine at a level of care, skill, and
3035	treatment which is recognized by a reasonably prudent podiatric
3036	physician as being acceptable under similar conditions and
3037	circumstances. The board shall give great weight to the
3038	standards for malpractice in s. 766.102 in interpreting this
3039	section. As used in this paragraph, "repeated malpractice"
3040	includes, but is not limited to, three or more claims for
3041	medical malpractice within the previous 5-year period resulting
3042	in indemnities being paid in excess of $50,000$10,000each to
3043	the claimant in a judgment or settlement and which incidents
3044	involved negligent conduct by the podiatric physicians. As used
3045	in this paragraph, "gross malpractice" or "the failure to
3046	practice podiatric medicine with the level of care, skill, and
3047	treatment which is recognized by a reasonably prudent similar
3048	podiatric physician as being acceptable under similar conditions
3049	and circumstances" shall not be construed so as to require more
3050	than one instance, event, or act.
3051	(5)(a) Upon the department's receipt from an insurer or
3052	self-insurer of a report of a closed claim against a podiatric
3053	physician pursuant to s. 627.912, or upon the receipt from a
3054	claimant of a presuit notice against a podiatric physician
3055	pursuant to s. 766.106, the department shall review each report
3056	and determine whether it potentially involved conduct by a
3057	licensee that is subject to disciplinary action, in which case
3058	the provisions of s. 456.073 shall apply. However, if it is
3059	reported that a podiatric physician has had three or more claims
3060	with indemnities exceeding $50,000$25,000each within the
3061	previous 5-year period, the department shall investigate the
3062	occurrences upon which the claims were based and determine if
3063	action by the department against the podiatric physician is
3064	warranted.
3065	(6) When an investigation of a podiatric physician is
3066	undertaken, the department shall promptly furnish to the
3067	podiatric physician or her or his attorney a copy of the
3068	complaint or document which resulted in the initiation of the
3069	investigation. The podiatric physician may submit a written
3070	response to the information contained in such complaint or
3071	document within 3045days after service to the podiatric
3072	physician of the complaint or document. The podiatric
3073	physician's written response shall be considered by the probable
3074	cause panel.
3075	Section 69. Paragraph (b) of subsection (1) of section
3076	463.006, Florida Statutes, is amended to read:
3077	463.006 Licensure and certification by examination.--
3078	(1) Any person desiring to be a licensed practitioner
3079	pursuant to this chapter shall apply to the department to take
3080	the licensure and certification examinations. The department
3081	shall examine each applicant who the board determines has:
3082	(b) Submitted proof satisfactory to the department that
3083	she or he:
3084	1. Is at least 18 years of age.
3085	2. Has graduated from an accredited school or college of
3086	optometry approved by rule of the board.
3087	3. Is of good moral character.
3088	4. Has successfully completed at least 110 hours of
3089	transcript-quality coursework and clinical training in general
3090	and ocular pharmacology as determined by the board, at an
3091	institution that:
3092	a. Has facilities for both didactic and clinical
3093	instructions in pharmacology.; and
3094	b. Is accredited by a regional or professional accrediting
3095	organization that is recognized and approved by the Council for
3096	Higher EducationCommission on Recognition of Postsecondary
3097	Accreditation or the United States Department of Education.
3098	5. Has completed at least 1 year of supervised experience
3099	in differential diagnosis of eye disease or disorders as part of
3100	the optometric training or in a clinical setting as part of the
3101	optometric experience.
3102	Section 70. Paragraph (a) of subsection (4) of section
3103	464.0205, Florida Statutes, is amended to read:
3104	464.0205 Retired volunteer nurse certificate.--
3105	(4) A retired volunteer nurse receiving certification from
3106	the board shall:
3107	(a) Work under the direct supervision of the director of a
3108	county health department, a physician working under a limited
3109	license issued pursuant to s. 458.315458.317or s. 459.0075, a
3110	physician licensed under chapter 458 or chapter 459, an advanced
3111	registered nurse practitioner certified under s. 464.012, or a
3112	registered nurse licensed under s. 464.008 or s. 464.009.
3113	Section 71. Subsections (1), (5), and (7) of section
3114	464.203, Florida Statutes, are amended, and subsection (8) is
3115	added to said section, to read:
3116	464.203 Certified nursing assistants; certification
3117	requirement.--
3118	(1) The board shall issue a certificate to practice as a
3119	certified nursing assistant to any person who demonstrates a
3120	minimum competency to read and write and successfully passes the
3121	required statewide criminal history check through the Department
3122	of Law Enforcement or, if the applicant has not maintained
3123	continuous residency within the state for the 5 years
3124	immediately preceding the date of application, a federal
3125	criminal history check through the Federal Bureau of
3126	InvestigationLevel I or Level II screening pursuant to s.
3127	400.215and meets one of the following requirements:
3128	(a) Has successfully completed an approved training
3129	program and achieved a minimum score, established by rule of the
3130	board, on the nursing assistant competency examination, which
3131	consists of a written portion and skills-demonstration portion
3132	approved by the board and administered at a site and by
3133	personnel approved by the department.
3134	(b) Has achieved a minimum score, established by rule of
3135	the board, on the nursing assistant competency examination,
3136	which consists of a written portion and skills-demonstration
3137	portion, approved by the board and administered at a site and by
3138	personnel approved by the department and:
3139	1. Has a high school diploma, or its equivalent; or
3140	2. Is at least 18 years of age.
3141	(c) Is currently certified in another state; is listed on
3142	that state's certified nursing assistant registry; and has not
3143	been found to have committed abuse, neglect, or exploitation in
3144	that state.
3145	(d) Has completed the curriculum developed under the
3146	Enterprise Florida Jobs and Education Partnership Grant and
3147	achieved a minimum score, established by rule of the board, on
3148	the nursing assistant competency examination, which consists of
3149	a written portion and skills-demonstration portion, approved by
3150	the board and administered at a site and by personnel approved
3151	by the department.
3152	(5) Certification as a nursing assistant, in accordance
3153	with this part, may be renewedcontinues in effectuntil such
3154	time as the nursing assistant allows a period of 24 consecutive
3155	months to pass during which period the nursing assistant fails
3156	to perform any nursing-related services for monetary
3157	compensation. When a nursing assistant fails to perform any
3158	nursing-related services for monetary compensation for a period
3159	of 24 consecutive months, the nursing assistant must complete a
3160	new training and competency evaluation program or a new
3161	competency evaluation program.
3162	(7) A certified nursing assistant shall complete 1218
3163	hours of inservice training during each calendar year. The
3164	certified nursing assistant shall be responsible for maintaining
3165	documentation demonstrating compliance with these provisions.
3166	The Council on Certified Nursing Assistants, in accordance with
3167	s. 464.2085(2)(b), shall propose rules to implement this
3168	subsection.
3169	(8) The department shall renew a certificate upon receipt
3170	of the renewal application and a fee not to exceed $50
3171	biennially. The department shall adopt rules establishing a
3172	procedure for the biennial renewal of certificates. Any
3173	certificate not renewed by July 1, 2005, shall be void.
3174	Section 72. Paragraph (b) of subsection (1) of section
3175	464.204, Florida Statutes, is amended to read:
3176	464.204 Denial, suspension, or revocation of
3177	certification; disciplinary actions.--
3178	(1) The following acts constitute grounds for which the
3179	board may impose disciplinary sanctions as specified in
3180	subsection (2):
3181	(b) Intentionally Violating any provision of parts I and
3182	II ofthis chapter, chapter 456, or the rules adopted by the
3183	board.
3184	Section 73. Paragraph (i) of subsection (1) of section
3185	465.016, Florida Statutes, is amended to read:
3186	465.016 Disciplinary actions.--
3187	(1) The following acts constitute grounds for denial of a
3188	license or disciplinary action, as specified in s. 456.072(2):
3189	(i) Compounding, dispensing, or distributing a legend
3190	drug, including any controlled substance, other than in the
3191	course of the professional practice of pharmacy. For purposes of
3192	this paragraph, it shall be legally presumed that the
3193	compounding, dispensing, or distributing of legend drugs in
3194	excessive or inappropriate quantities is not in the best
3195	interests of the patient and is not in the course of the
3196	professional practice of pharmacy. A quantity of legend drug
3197	which the licensee knows or reasonably should know was not
3198	prescribed in the course of a valid professional relationship is
3199	presumed to be an excessive or inappropriate quantity. A medical
3200	questionnaire completed by Internet, telephone, electronic
3201	transfer, or mail does not establish a valid professional
3202	relationship.
3203	Section 74. Subsection (8) of section 467.009, Florida
3204	Statutes, is amended to read:
3205	467.009 Midwifery programs; education and training
3206	requirements.--
3207	(8) Nonpublic educational institutions that conduct
3208	approved midwifery programs shall be accredited by an
3209	accrediting agency recognized and approved by the Council for
3210	Higher Education Accreditation or the United States Department
3211	of Educationa member of the Commission on Recognition of
3212	Postsecondary Accreditation and shall be licensed by the
3213	Commission for IndependentState Board of Nonpublic Career
3214	Education.
3215	Section 75. Section 467.013, Florida Statutes, is amended
3216	to read:
3217	467.013 Inactive status.--A licensee may request that his
3218	or her license be placed in an inactive status by making
3219	application to the department pursuant to department ruleand
3220	paying a fee.
3221	(1) An inactive license may be renewed for one additional
3222	biennium upon application to the department and payment of the
3223	applicable biennium renewal fee. The department shall establish
3224	by rule procedures and fees for applying to place a license on
3225	inactive status, renewing an inactive license, and reactivating
3226	an inactive license. The fee for any of these procedures may not
3227	exceed the biennial renewal fee established by the department.
3228	(2) Any license that is not renewed by the end of the
3229	biennium established by the department automatically reverts to
3230	involuntary inactive status unless the licensee has applied for
3231	voluntary inactive status. Such license may be reactivated only
3232	if the licensee meets the requirements for reactivating the
3233	license established by department rule.
3234	(3) A midwife who desires to reactivate an inactive
3235	license shall apply to the department, complete the reactivation
3236	application, remit the applicable fees, and submit proof of
3237	compliance with the requirements for continuing education
3238	established by department rule.
3239	(4) Each licensed midwife whose license has been placed on
3240	inactive status for more than 1 year must complete continuing
3241	education hours as a condition of reactivating the inactive
3242	license.
3243	(5) The licensee shall submit to the department evidence
3244	of participation in 10 hours of continuing education, approved
3245	by the department and clinically related to the practice of
3246	midwifery, for each year of the biennium in which the license
3247	was inactive. This requirement is in addition to submitting
3248	evidence of completing the continuing education required for the
3249	most recent biennium in which the licensee held an active
3250	license.
3251	Section 76. Section 467.0135, Florida Statutes, is amended
3252	to read:
3253	467.0135 Fees.--The department shall establish fees for
3254	application, examination, initial licensure, renewal of active
3255	statuslicensure, licensure by endorsement, inactive status,
3256	delinquent status, and reactivation of an inactive status
3257	license. The appropriate fee must be paid at the time of
3258	application and is payable to the Department of Health, in
3259	accordance with rules adopted by the department. A fee is
3260	nonrefundable, unless otherwise provided by rule. A fee may not
3261	exceed:
3262	(1) Five hundred dollars for examination.
3263	(1)(2)Five hundred dollars for initial licensure.
3264	(2)(3) Five hundred dollars for renewal of an active
3265	status licenselicensure.
3266	(3)(4) Two hundred dollars for application, which fee is
3267	nonrefundable.
3268	(4)(5) Five hundred dollars for renewalreactivationof an
3269	inactive statuslicense.
3270	(5)(6)Five hundred dollars for licensure by endorsement.
3271
3272	A fee for inactive status, reactivation of an inactive status
3273	license, or delinquency may not exceed the fee established by
3274	the department for biennial renewal of an active statuslicense.
3275	All fees collected under this section shall be deposited in the
3276	Medical Quality Assurance Trust Fund.
3277	Section 77. Subsection (1) of section 467.017, Florida
3278	Statutes, is amended to read:
3279	467.017 Emergency care plan; immunity.--
3280	(1) Every licensed midwife shall develop a written plan
3281	for the appropriate delivery of emergency care. A copy of the
3282	plan shall accompany any application for license issuance and
3283	must be made available upon request of the departmentor
3284	renewal. The plan shall address the following:
3285	(a) Consultation with other health care providers.
3286	(b) Emergency transfer.
3287	(c) Access to neonatal intensive care units and
3288	obstetrical units or other patient care areas.
3289	Section 78. Paragraph (g) of subsection (3) of section
3290	468.302, Florida Statutes, is amended to read:
3291	468.302 Use of radiation; identification of certified
3292	persons; limitations; exceptions.--
3293	(3)
3294	(g)1.A person holding a certificate as a nuclear medicine
3295	technologist may only:
3296	a.Conduct in vivo and in vitro measurements of
3297	radioactivity and administer radiopharmaceuticals to human
3298	beings for diagnostic and therapeutic purposes.
3299	b. Administer X radiation from a combination nuclear
3300	medicine-computed tomography device if that radiation is
3301	administered as an integral part of a nuclear medicine procedure
3302	that uses an automated computed tomography protocol for the
3303	purposes of attenuation correction and anatomical localization
3304	and the person has received device-specific training on the
3305	combination device.
3306	2.However,The authority of a nuclear medicine
3307	technologist under this paragraph excludes:
3308	a.Radioimmunoassay and other clinical laboratory testing
3309	regulated pursuant to chapter 483.
3310	b. Creating or modifying automated computed tomography
3311	protocols.
3312	c. Any other operation of a computed tomography device,
3313	especially for the purposes of stand-alone diagnostic imaging
3314	which is regulated pursuant to the general radiographic scope in
3315	this part.
3316	Section 79. Section 468.352, Florida Statutes, is amended
3317	to read:
3318	(Substantial rewording of section. See
3319	s. 468.352, F.S., for present text.)
3320	468.352 Definitions.--As used in this part, the term:
3321	(1) "Board" means the Board of Respiratory Care.
3322	(2) "Certified respiratory therapist" means any person
3323	licensed under this part who is certified by the National Board
3324	for Respiratory Care, or its successor, who is employed to
3325	deliver respiratory care services under the order of a physician
3326	licensed pursuant to chapter 458 or chapter 459 in accordance
3327	with protocols established by a hospital or other health care
3328	provider or the board and who functions in situations of
3329	unsupervised contact requiring individual judgment.
3330	(3) "Critical care" means care given to a patient in any
3331	setting involving a life-threatening emergency.
3332	(4) "Department" means the Department of Health.
3333	(5) "Direct supervision" means practicing under the
3334	direction of a licensed, registered, or certified respiratory
3335	therapist who is physically on the premises and readily
3336	available, as defined by the board.
3337	(6) "Physician supervision" means supervision and control
3338	by a physician licensed under chapter 458 or chapter 459 who
3339	assumes the legal liability for the services rendered by the
3340	personnel employed in his or her office. Except in the case of
3341	an emergency, physician supervision requires the easy
3342	availability of the physician within the office or the physical
3343	presence of the physician for consultation and direction of the
3344	actions of the persons who deliver respiratory care services.
3345	(7) "Practice of respiratory care" or "respiratory
3346	therapy" means the allied health specialty associated with the
3347	cardiopulmonary system that is practiced under the orders of a
3348	physician licensed under chapter 458 or chapter 459 and in
3349	accordance with protocols, policies, and procedures established
3350	by a hospital or other health care provider or the board,
3351	including the assessment, diagnostic evaluation, treatment,
3352	management, control, rehabilitation, education, and care of
3353	patients in all health care settings.
3354	(8) "Registered respiratory therapist" means any person
3355	licensed under this part who is registered by the National Board
3356	for Respiratory Care, or its successor, who is employed to
3357	deliver respiratory care services under the order of a physician
3358	licensed under chapter 458 or chapter 459 in accordance with
3359	protocols established by a hospital or other health care
3360	provider or the board, and who functions in situations of
3361	unsupervised contact requiring individual judgment.
3362	(9) "Respiratory care practitioner" means any person
3363	licensed under this part who is employed to deliver respiratory
3364	care services under direct supervision pursuant to the order of
3365	a physician licensed under chapter 458 or chapter 459.
3366	(10) "Respiratory care services" includes:
3367	(a) Evaluation and disease management.
3368	(b) Diagnostic and therapeutic use of respiratory
3369	equipment, devices, or medical gas.
3370	(c) Administration of drugs, as duly ordered or prescribed
3371	by a physician licensed under chapter 458 or chapter 459 and in
3372	accordance with protocols, policies, and procedures established
3373	by a hospital, another health care provider, or the board.
3374	(d) Initiation, management, and maintenance of equipment
3375	to assist and support ventilation and respiration.
3376	(e) Diagnostic procedures, research, and therapeutic
3377	treatment and procedures, including measurement of ventilatory
3378	volumes, pressures, and flows; specimen collection and analysis
3379	of blood for gas transport and acid/base determinations;
3380	pulmonary-function testing; and other related physiological
3381	monitoring of cardiopulmonary systems.
3382	(f) Cardiopulmonary rehabilitation.
3383	(g) Cardiopulmonary resuscitation, advanced cardiac life
3384	support, neonatal resuscitation, and pediatric advanced life
3385	support, or equivalent functions.
3386	(h) Insertion and maintenance of artificial airways and
3387	intravascular catheters.
3388	(i) Performing sleep disorder studies.
3389	(j) Education of patients, families, the public, or other
3390	health care providers, including disease process and management
3391	programs and smoking prevention and cessation programs.
3392	(k) Initiation and management of hyperbaric oxygen.
3393	Section 80. Section 468.355, Florida Statutes, is amended
3394	to read:
3395	(Substantial rewording of section. See
3396	s. 468.355, F.S., for present text.)
3397	468.355 Licensure requirements.--To be eligible for
3398	licensure by the board, an applicant must be an active certified
3399	respiratory therapist or an active registered respiratory
3400	therapist credentialed by the National Board for Respiratory
3401	Care or its successor.
3402	Section 81. Section 468.368, Florida Statutes, is amended
3403	to read:
3404	(Substantial rewording of section. See
3405	s. 468.368, F.S., for present text.)
3406	468.368 Exemptions.--This part may not be construed to
3407	prevent or restrict the practice, services, or activities of:
3408	(1) Any person licensed in this state by any other
3409	provision of law when engaging in the profession or occupation
3410	for which he or she is licensed.
3411	(2) Any legally qualified person in the state or another
3412	state or territory who is employed by the United States
3413	Government or any agency thereof while such person is
3414	discharging his or her official duties.
3415	(3) A friend or family member who is providing respiratory
3416	care services to an ill person and who does not represent
3417	himself or herself as a respiratory care practitioner or
3418	respiratory therapist.
3419	(4) An individual providing respiratory care services in
3420	an emergency who does not represent himself or herself as a
3421	respiratory care practitioner or respiratory therapist.
3422	(5) Any individual employed to deliver, assemble, set up,
3423	or test equipment for use in a home, upon the order of a
3424	physician licensed pursuant to chapter 458 or chapter 459. This
3425	subsection does not, however, authorize the practice of
3426	respiratory care without a license.
3427	(6) Any individual performing polysomnography under
3428	medical direction, as related to the diagnosis and evaluation of
3429	treatment for sleep disorders.
3430	(7) Any individual certified or registered as a pulmonary
3431	function technologist who is credentialed by the National Board
3432	for Respiratory Care or its successor for performing
3433	cardiopulmonary diagnostic studies.
3434	(8) Any student who is enrolled in an accredited
3435	respiratory care program approved by the board while performing
3436	respiratory care as an integral part of a required course.
3437	(9) The delivery of incidental respiratory care to
3438	noninstitutionalized persons by surrogate family members who do
3439	not represent themselves as registered or certified respiratory
3440	care therapists.
3441	(10) Any individual credentialed by the Underseas
3442	Hyperbaric Society in hyperbaric medicine, or its equivalent as
3443	determined by the board, while performing related duties. This
3444	subsection does not, however, authorize the practice of
3445	respiratory care without a license.
3446	Section 82. Subsection (2) of section 468.509, Florida
3447	Statutes, is amended to read:
3448	468.509 Dietitian/nutritionist; requirements for
3449	licensure.--
3450	(2) The agency shall examine any applicant who the board
3451	certifies has completed the application form and remitted the
3452	application and examination fees specified in s. 468.508 and
3453	who:
3454	(a)1. Possesses a baccalaureate or postbaccalaureate
3455	degree with a major course of study in human nutrition, food and
3456	nutrition, dietetics, or food management, or an equivalent major
3457	course of study, from a school or program accredited, at the
3458	time of the applicant's graduation, by the appropriate
3459	accrediting agency recognized by the Council for Higher
3460	Education Accreditation orCommission on Recognition of
3461	Postsecondary Accreditation andthe United States Department of
3462	Education; and
3463	2. Has completed a preprofessional experience component of
3464	not less than 900 hours or has education or experience
3465	determined to be equivalent by the board; or
3466	(b)1. Has an academic degree, from a foreign country, that
3467	has been validated by an accrediting agency approved by the
3468	United States Department of Education as equivalent to the
3469	baccalaureate or postbaccalaureate degree conferred by a
3470	regionally accredited college or university in the United
3471	States;
3472	2. Has completed a major course of study in human
3473	nutrition, food and nutrition, dietetics, or food management;
3474	and
3475	3. Has completed a preprofessional experience component of
3476	not less than 900 hours or has education or experience
3477	determined to be equivalent by the board.
3478	Section 83. Section 468.707, Florida Statutes, is amended
3479	to read:
3480	468.707 Licensure by examination; requirements.--
3481	(1)Any person desiring to be licensed as an athletic
3482	trainer shall apply to the department on a form approved by the
3483	department.
3484	(1)(a)The department shall license each applicant who:
3485	(a)1.Has completed the application form and remitted the
3486	required fees.
3487	(b)2.Is at least 21 years of age.
3488	(c)3.Has obtained a baccalaureate degree from a college
3489	or university accredited by an accrediting agency recognized and
3490	approved by the United States Department of Education or the
3491	Council for Higher EducationCommission on Recognition of
3492	PostsecondaryAccreditation, or approved by the board.
3493	(d)4.Has completed coursework from a college or
3494	university accredited by an accrediting agency recognized and
3495	approved by the United States Department of Education or the
3496	Council for Higher EducationCommission on Recognition of
3497	Postsecondary Accreditation, or approved by the board, in each
3498	of the following areas, as provided by rule: health, human
3499	anatomy, kinesiology/biomechanics, human physiology, physiology
3500	of exercise, basic athletic training, and advanced athletic
3501	training.
3502	(e)5.Has current certification in standard first aid and
3503	cardiovascular pulmonary resuscitation from the American Red
3504	Cross or an equivalent certification as determined by the board.
3505	(f)6.Has, within 2 of the preceding 5 years, attained a
3506	minimum of 800 hours of athletic training experience under the
3507	direct supervision of a licensed athletic trainer or an athletic
3508	trainer certified by the National Athletic Trainers' Association
3509	or a comparable national athletic standards organization.
3510	(g)7.Has passed an examination administered or approved
3511	by the board.
3512	(2)(b)The department shall also license each applicant
3513	who:
3514	(a)1.Has completed the application form and remitted the
3515	required fees no later than October 1, 1996.
3516	(b)2.Is at least 21 years of age.
3517	(c)3.Has current certification in standard first aid and
3518	cardiovascular pulmonary resuscitation from the American Red
3519	Cross or an equivalent certification as determined by the board.
3520	(d)1.4.a.Has practiced athletic training for at least 3
3521	of the 5 years preceding application; or
3522	2.b.Is currently certified by the National Athletic
3523	Trainers' Association or a comparable national athletic
3524	standards organization.
3525	(2) Pursuant to the requirements of s. 456.034, each
3526	applicant shall complete a continuing education course on human
3527	immunodeficiency virus and acquired immune deficiency syndrome
3528	as part of initial licensure.
3529	Section 84. Section 486.031, Florida Statutes, is amended
3530	to read:
3531	486.031 Physical therapist; licensing requirements.--To be
3532	eligible for licensing as a physical therapist, an applicant
3533	must:
3534	(1) Be at least 18 years old.;
3535	(2) Be of good moral character.; and
3536	(3)(a) Have been graduated from a school of physical
3537	therapy which has been approved for the educational preparation
3538	of physical therapists by the appropriate accrediting agency
3539	recognized by the Council for Higher EducationCommission on
3540	Recognition of PostsecondaryAccreditation or the United States
3541	Department of Education at the time of her or his graduation and
3542	have passed, to the satisfaction of the board, the American
3543	Registry Examination prior to 1971 or a national examination
3544	approved by the board to determine her or his fitness for
3545	practice as a physical therapist as hereinafter provided;
3546	(b) Have received a diploma from a program in physical
3547	therapy in a foreign country and have educational credentials
3548	deemed equivalent to those required for the educational
3549	preparation of physical therapists in this country, as
3550	recognized by the appropriate agency as identified by the board,
3551	and have passed to the satisfaction of the board an examination
3552	to determine her or his fitness for practice as a physical
3553	therapist as hereinafter provided; or
3554	(c) Be entitled to licensure without examination as
3555	provided in s. 486.081.
3556	Section 85. Section 486.102, Florida Statutes, is amended
3557	to read:
3558	486.102 Physical therapist assistant; licensing
3559	requirements.--To be eligible for licensing by the board as a
3560	physical therapist assistant, an applicant must:
3561	(1) Be at least 18 years old.;
3562	(2) Be of good moral character.; and
3563	(3)(a) Have been graduated from a school giving a course
3564	of not less than 2 years for physical therapist assistants,
3565	which has been approved for the educational preparation of
3566	physical therapist assistants by the appropriate accrediting
3567	agency recognized by the Council for Higher EducationCommission
3568	on Recognition of PostsecondaryAccreditation or the United
3569	States Department of Education at the time of her or his
3570	graduation and have passed to the satisfaction of the board an
3571	examination to determine her or his fitness for practice as a
3572	physical therapist assistant as hereinafter provided;
3573	(b) Have been graduated from a school giving a course for
3574	physical therapist assistants in a foreign country and have
3575	educational credentials deemed equivalent to those required for
3576	the educational preparation of physical therapist assistants in
3577	this country, as recognized by the appropriate agency as
3578	identified by the board, and passed to the satisfaction of the
3579	board an examination to determine her or his fitness for
3580	practice as a physical therapist assistant as hereinafter
3581	provided; or
3582	(c) Be entitled to licensure without examination as
3583	provided in s. 486.107.
3584	Section 86. Paragraph (a) of subsection (5) of section
3585	489.553, Florida Statutes, is amended to read:
3586	489.553 Administration of part; registration
3587	qualifications; examination.--
3588	(5) To be eligible for registration by the department as a
3589	master septic tank contractor, the applicant must:
3590	(a) Have been a registered septic tank contractor in
3591	Florida for at least 3 years or a plumbing contractor certified
3592	under part I of this chapter who has provided septic tank
3593	contracting services for at least 3 years. The 3 years must
3594	immediately precede the date of application and may not be
3595	interrupted by any probation, suspension, or revocation imposed
3596	by the licensing agency.
3597	Section 87. Section 489.554, Florida Statutes, is amended
3598	to read:
3599	489.554 Registration renewal.--
3600	(1)The department shall prescribe by rule the method for
3601	approval of continuing education courses,and forrenewal of
3602	annual registration, inactive status for late filing of a
3603	renewal application, allowing a contractor to hold his or her
3604	registration in inactive status for a specified period, and
3605	reactivating a license.
3606	(2)At a minimum, annual renewal shall include continuing
3607	education requirements of not less than 6 classroom hours
3608	annually for septic tank contractors and not less than 12
3609	classroom hours annually for master septic tank contractors. The
3610	12 classroom hours of continuing education required for master
3611	septic tank contractors may include the 6 classroom hours
3612	required for septic tank contractors, but at a minimum must
3613	include 6 classroom hours of approved master septic tank
3614	contractor coursework.
3615	(3) A certificate of registration shall become inactive if
3616	a renewal application is not filed in a timely manner. A
3617	certificate that has become inactive may be reactivated under
3618	this section by application to the department. A registered
3619	contractor may apply to the department for voluntary inactive
3620	status at any time during the period of registration.
3621	(4) A master septic tank contractor may elect to revert to
3622	registered septic tank contractor status at any time during the
3623	period of registration. The department shall prescribe by rule
3624	the method for a master septic tank contractor whose
3625	registration has reverted to registered septic tank contractor
3626	status to apply for master septic tank contractor status.
3627	(5) The department shall deny an application for renewal
3628	if there is any outstanding administrative penalty against the
3629	applicant which is final agency action and all judicial reviews
3630	are exhausted.
3631	Section 88. Paragraph (b) of subsection (2) of section
3632	490.005, Florida Statutes, is amended to read:
3633	490.005 Licensure by examination.--
3634	(2) Any person desiring to be licensed as a school
3635	psychologist shall apply to the department to take the licensure
3636	examination. The department shall license each applicant who
3637	the department certifies has:
3638	(b) Submitted satisfactory proof to the department that
3639	the applicant:
3640	1. Has received a doctorate, specialist, or equivalent
3641	degree from a program primarily psychological in nature and has
3642	completed 60 semester hours or 90 quarter hours of graduate
3643	study, in areas related to school psychology as defined by rule
3644	of the department, from a college or university which at the
3645	time the applicant was enrolled and graduated was accredited by
3646	an accrediting agency recognized and approved by the Council for
3647	Higher Education Accreditation or the United States Department
3648	of EducationCommission on Recognition of Postsecondary
3649	Accreditation or froman institution which is publicly
3650	recognized as a member in good standing with the Association of
3651	Universities and Colleges of Canada.
3652	2. Has had a minimum of 3 years of experience in school
3653	psychology, 2 years of which must be supervised by an individual
3654	who is a licensed school psychologist or who has otherwise
3655	qualified as a school psychologist supervisor, by education and
3656	experience, as set forth by rule of the department. A doctoral
3657	internship may be applied toward the supervision requirement.
3658	3. Has passed an examination provided by the department.
3659	Section 89. Paragraph (d) of subsection (1), paragraph (b)
3660	of subsection (3), and paragraph (b) of subsection (4) of
3661	section 491.005, Florida Statutes, are amended, and paragraph
3662	(f) is added to subsection (1) of said section, to read:
3663	491.005 Licensure by examination.--
3664	(1) CLINICAL SOCIAL WORK.--Upon verification of
3665	documentation and payment of a fee not to exceed $200, as set by
3666	board rule, plus the actual per applicant cost to the department
3667	for purchase of the examination from the American Association of
3668	State Social Worker's Boards or a similar national organization,
3669	the department shall issue a license as a clinical social worker
3670	to an applicant who the board certifies:
3671	(d) Has passed a theory and practice examination approved
3672	provided by the boarddepartment for this purpose, which shall
3673	only be taken following completion of the clinical experience
3674	requirement.
3675	(f) Has satisfied all coursework requirements in this
3676	section by successfully completing the required course as a
3677	student or by teaching the required graduate course as an
3678	instructor or professor in an accredited institution.
3679	(3) MARRIAGE AND FAMILY THERAPY.--Upon verification of
3680	documentation and payment of a fee not to exceed $200, as set by
3681	board rule, plus the actual cost to the department for the
3682	purchase of the examination from the Association of Marital and
3683	Family Therapy Regulatory Board, or similar national
3684	organization, the department shall issue a license as a marriage
3685	and family therapist to an applicant who the board certifies:
3686	(b)1. Has a minimum of a master's degree with major
3687	emphasis in marriage and family therapy, or a closely related
3688	field, and has completed all of the following requirements:
3689	a. Thirty-six semester hours or 48 quarter hours of
3690	graduate coursework, which must include a minimum of 3 semester
3691	hours or 4 quarter hours of graduate-level course credits in
3692	each of the following nine areas: dynamics of marriage and
3693	family systems; marriage therapy and counseling theory and
3694	techniques; family therapy and counseling theory and techniques;
3695	individual human development theories throughout the life cycle;
3696	personality theory or general counseling theory and techniques;
3697	psychopathology; human sexuality theory and counseling
3698	techniques; psychosocial theory; and substance abuse theory and
3699	counseling techniques. Courses in research, evaluation,
3700	appraisal, assessment, or testing theories and procedures;
3701	thesis or dissertation work; or practicums, internships, or
3702	fieldwork may not be applied toward this requirement.
3703	b. A minimum of one graduate-level course of 3 semester
3704	hours or 4 quarter hours in legal, ethical, and professional
3705	standards issues in the practice of marriage and family therapy
3706	or a course determined by the board to be equivalent.
3707	c. A minimum of one graduate-level course of 3 semester
3708	hours or 4 quarter hours in diagnosis, appraisal, assessment,
3709	and testing for individual or interpersonal disorder or
3710	dysfunction; and a minimum of one 3-semester-hour or 4-quarter-
3711	hour graduate-level course in behavioral research which focuses
3712	on the interpretation and application of research data as it
3713	applies to clinical practice. Credit for thesis or dissertation
3714	work, practicums, internships, or fieldwork may not be applied
3715	toward this requirement.
3716	d. A minimum of one supervised clinical practicum,
3717	internship, or field experience in a marriage and family
3718	counseling setting, during which the student provided 180 direct
3719	client contact hours of marriage and family therapy services
3720	under the supervision of an individual who met the requirements
3721	for supervision under paragraph (c). This requirement may be met
3722	by a supervised practice experience which took place outside the
3723	academic arena, but which is certified as equivalent to a
3724	graduate-level practicum or internship program which required a
3725	minimum of 180 direct client contact hours of marriage and
3726	family therapy services currently offered within an academic
3727	program of a college or university accredited by an accrediting
3728	agency approved by the United States Department of Education, or
3729	an institution which is publicly recognized as a member in good
3730	standing with the Association of Universities and Colleges of
3731	Canada or a training institution accredited by the Commission on
3732	Accreditation for Marriage and Family Therapy Education
3733	recognized by the United States Department of Education.
3734	Certification shall be required from an official of such
3735	college, university, or training institution.
3736	2. If the course title which appears on the applicant's
3737	transcript does not clearly identify the content of the
3738	coursework, the applicant shall be required to provide
3739	additional documentation, including, but not limited to, a
3740	syllabus or catalog description published for the course.
3741
3742	The required master's degree must have been received in an
3743	institution of higher education which at the time the applicant
3744	graduated was: fully accredited by a regional accrediting body
3745	recognized by the Council for Higher Education Accreditation or
3746	the United States Department of EducationCommission on
3747	Recognition of Postsecondary Accreditation; publicly recognized
3748	as a member in good standing with the Association of
3749	Universities and Colleges of Canada; or an institution of higher
3750	education located outside the United States and Canada, which at
3751	the time the applicant was enrolled and at the time the
3752	applicant graduated maintained a standard of training
3753	substantially equivalent to the standards of training of those
3754	institutions in the United States which are accredited by a
3755	regional accrediting body recognized by the Council for Higher
3756	Education Accreditation or the United States Department of
3757	EducationCommission on Recognition of Postsecondary
3758	Accreditation. Such foreign education and training must have
3759	been received in an institution or program of higher education
3760	officially recognized by the government of the country in which
3761	it is located as an institution or program to train students to
3762	practice as professional marriage and family therapists or
3763	psychotherapists. The burden of establishing that the
3764	requirements of this provision have been met shall be upon the
3765	applicant, and the board shall require documentation, such as,
3766	but not limited to, an evaluation by a foreign equivalency
3767	determination service, as evidence that the applicant's graduate
3768	degree program and education were equivalent to an accredited
3769	program in this country. An applicant with a master's degree
3770	from a program which did not emphasize marriage and family
3771	therapy may complete the coursework requirement in a training
3772	institution fully accredited by the Commission on Accreditation
3773	for Marriage and Family Therapy Education recognized by the
3774	United States Department of Education.
3775	(4) MENTAL HEALTH COUNSELING.--Upon verification of
3776	documentation and payment of a fee not to exceed $200, as set by
3777	board rule, plus the actual per applicant cost to the department
3778	for purchase of the examination from the Professional
3779	Examination Service for the National Academy of Certified
3780	Clinical Mental Health Counselors or a similar national
3781	organization, the department shall issue a license as a mental
3782	health counselor to an applicant who the board certifies:
3783	(b)1. Has a minimum of an earned master's degree from a
3784	mental health counseling program accredited by the Council for
3785	the Accreditation of Counseling and Related Educational Programs
3786	that consists of at least 60 semester hours or 80 quarter hours
3787	of clinical and didactic instruction, including a course in
3788	human sexuality and a course in substance abuse. If the master's
3789	degree is earned from a program related to the practice of
3790	mental health counseling that is not accredited by the Council
3791	for the Accreditation of Counseling and Related Educational
3792	Programs, then the coursework and practicum, internship, or
3793	fieldwork must consist of at least 60 semester hours or 80
3794	quarter hours and meet the following requirements:
3795	a. Thirty-three semester hours or 44 quarter hours of
3796	graduate coursework, which must include a minimum of 3 semester
3797	hours or 4 quarter hours of graduate-level coursework in each of
3798	the following 11 content areas: counseling theories and
3799	practice; human growth and development; diagnosis and treatment
3800	of psychopathology; human sexuality; group theories and
3801	practice; individual evaluation and assessment; career and
3802	lifestyle assessment; research and program evaluation; social
3803	and cultural foundations; counseling in community settings; and
3804	substance abuse. Courses in research, thesis or dissertation
3805	work, practicums, internships, or fieldwork may not be applied
3806	toward this requirement.
3807	b. A minimum of 3 semester hours or 4 quarter hours of
3808	graduate-level coursework in legal, ethical, and professional
3809	standards issues in the practice of mental health counseling,
3810	which includes goals, objectives, and practices of professional
3811	counseling organizations, codes of ethics, legal considerations,
3812	standards of preparation, certifications and licensing, and the
3813	role identity and professional obligations of mental health
3814	counselors. Courses in research, thesis or dissertation work,
3815	practicums, internships, or fieldwork may not be applied toward
3816	this requirement.
3817	c. The equivalent, as determined by the board, of at least
3818	1,000 hours of university-sponsored supervised clinical
3819	practicum, internship, or field experience as required in the
3820	accrediting standards of the Council for Accreditation of
3821	Counseling and Related Educational Programs for mental health
3822	counseling programs. This experience may not be used to satisfy
3823	the post-master's clinical experience requirement.
3824	2. If the course title which appears on the applicant's
3825	transcript does not clearly identify the content of the
3826	coursework, the applicant shall be required to provide
3827	additional documentation, including, but not limited to, a
3828	syllabus or catalog description published for the course.
3829
3830	Education and training in mental health counseling must have
3831	been received in an institution of higher education which at the
3832	time the applicant graduated was: fully accredited by a regional
3833	accrediting body recognized by the Council for Higher Education
3834	Accreditation or the United States Department of Education
3835	Commission on Recognition of Postsecondary Accreditation;
3836	publicly recognized as a member in good standing with the
3837	Association of Universities and Colleges of Canada; or an
3838	institution of higher education located outside the United
3839	States and Canada, which at the time the applicant was enrolled
3840	and at the time the applicant graduated maintained a standard of
3841	training substantially equivalent to the standards of training
3842	of those institutions in the United States which are accredited
3843	by a regional accrediting body recognized by the Council for
3844	Higher Education Accreditation or the United States Department
3845	of EducationCommission on Recognition of Postsecondary
3846	Accreditation. Such foreign education and training must have
3847	been received in an institution or program of higher education
3848	officially recognized by the government of the country in which
3849	it is located as an institution or program to train students to
3850	practice as mental health counselors. The burden of establishing
3851	that the requirements of this provision have been met shall be
3852	upon the applicant, and the board shall require documentation,
3853	such as, but not limited to, an evaluation by a foreign
3854	equivalency determination service, as evidence that the
3855	applicant's graduate degree program and education were
3856	equivalent to an accredited program in this country.
3857	Section 90. Section 491.0145, Florida Statutes, is amended
3858	to read:
3859	491.0145 Certified master social worker.--The department
3860	may not adopt any rules that would cause any person who was not
3861	licensed as a certified master social worker in accordance with
3862	this chapter on January 1, 1990, to become licensed.The
3863	department may certify an applicant for a designation as a
3864	certified master social worker upon the following conditions:
3865	(1) The applicant completes an application to be provided
3866	by the department and pays a nonrefundable fee not to exceed
3867	$250 to be established by rule of the department. The completed
3868	application must be received by the department at least 60 days
3869	before the date of the examination in order for the applicant to
3870	qualify to take the scheduled exam.
3871	(2) The applicant submits proof satisfactory to the
3872	department that the applicant has received a doctoral degree in
3873	social work, or a master's degree with a major emphasis or
3874	specialty in clinical practice or administration, including, but
3875	not limited to, agency administration and supervision, program
3876	planning and evaluation, staff development, research, community
3877	organization, community services, social planning, and human
3878	service advocacy. Doctoral degrees must have been received from
3879	a graduate school of social work which at the time the applicant
3880	was enrolled and graduated was accredited by an accrediting
3881	agency approved by the United States Department of Education.
3882	Master's degrees must have been received from a graduate school
3883	of social work which at the time the applicant was enrolled and
3884	graduated was accredited by the Council on Social Work Education
3885	or the Canadian Association of Schools of Social Work or by one
3886	that meets comparable standards.
3887	(3) The applicant has had at least 3 years' experience, as
3888	defined by rule, including, but not limited to, clinical
3889	services or administrative activities as defined in subsection
3890	(2), 2 years of which must be at the post-master's level under
3891	the supervision of a person who meets the education and
3892	experience requirements for certification as a certified master
3893	social worker, as defined by rule, or licensure as a clinical
3894	social worker under this chapter. A doctoral internship may be
3895	applied toward the supervision requirement.
3896	(4) Any person who holds a master's degree in social work
3897	from institutions outside the United States may apply to the
3898	department for certification if the academic training in social
3899	work has been evaluated as equivalent to a degree from a school
3900	accredited by the Council on Social Work Education. Any such
3901	person shall submit a copy of the academic training from the
3902	Foreign Equivalency Determination Service of the Council on
3903	Social Work Education.
3904	(5) The applicant has passed an examination required by
3905	the department for this purpose. The nonrefundable fee for such
3906	examination may not exceed $250 as set by department rule.
3907	(6) Nothing in this chapter shall be construed to
3908	authorize a certified master social worker to provide clinical
3909	social work services.
3910	Section 91. Section 491.0146, Florida Statutes, is created
3911	to read:
3912	491.0146 Saving clause.--All licenses to practice as a
3913	certified master social worker issued pursuant to this chapter
3914	and valid on October 1, 2002, shall remain in full force and
3915	effect.
3916	Section 92. Subsection (3) of section 491.0147, Florida
3917	Statutes, is amended to read:
3918	491.0147 Confidentiality and privileged
3919	communications.--Any communication between any person licensed
3920	or certified under this chapter and her or his patient or client
3921	shall be confidential. This secrecy may be waived under the
3922	following conditions:
3923	(3)(a)When there is a clear and immediate probability of
3924	physical harm to the patient or client, to other individuals, or
3925	to society and the person licensed or certified under this
3926	chapter communicates the information only to the potential
3927	victim, appropriate family member, or law enforcement or other
3928	appropriate authorities.
3929	(b) There shall be no civil or criminal liability arising
3930	from the disclosure of otherwise confidential communications by
3931	a person licensed or certified under this chapter when the
3932	disclosure is made pursuant to paragraph (a).
3933	Section 93. Subsection (6) of section 499.003, Florida
3934	Statutes, is amended to read:
3935	499.003 Definitions of terms used in ss. 499.001-
3936	499.081.--As used in ss. 499.001-499.081, the term:
3937	(6) "Compressed medical gas" means any liquefied or
3938	vaporized gas that is classified as a prescription drug or
3939	medical device, whether it is alone or in combination with other
3940	gases.
3941	Section 94. Subsection (2) of section 499.007, Florida
3942	Statutes, is amended to read:
3943	499.007 Misbranded drug or device.--A drug or device is
3944	misbranded:
3945	(2) Unless, if in package form, it bears a label
3946	containing:
3947	(a) The name and place of business of the manufacturer or
3948	distributor; in addition, for a medicinal drug, as defined in s.
3949	499.003, the label must contain the name and place of business
3950	of the manufacturerof the finished dosage form of the drug.
3951	For the purpose of this paragraph, the finished dosage form of a
3952	medicinal drug is that form of the drug which is, or is intended
3953	to be, dispensed or administered to the patient and requires no
3954	further manufacturing or processing other than packaging,
3955	reconstitution, and labeling.; and
3956	(b) An accurate statement of the quantity of the contents
3957	in terms of weight, measure, or numerical count; however, under
3958	this section, reasonable variations are permitted, and the
3959	department shall establish by rule exemptions for small
3960	packages.
3961
3962	A drug dispensed by filling or refilling a written or oral
3963	prescription of a practitioner licensed by law to prescribe such
3964	drug is exempt from the requirements of this section, except
3965	subsections (1), (8), (10), and (11) and the packaging
3966	requirements of subsections (6) and (7), if the drug bears a
3967	label that contains the name and address of the dispenser or
3968	seller, the prescription number and the date the prescription
3969	was written or filled, the name of the prescriber and the name
3970	of the patient, and the directions for use and cautionary
3971	statements. This exemption does not apply to any drug dispensed
3972	in the course of the conduct of a business of dispensing drugs
3973	pursuant to diagnosis by mail or to any drug dispensed in
3974	violation of subsection (12). The department may, by rule,
3975	exempt drugs subject to ss. 499.062-499.064 from subsection (12)
3976	if compliance with that subsection is not necessary to protect
3977	the public health, safety, and welfare.
3978	Section 95. Paragraph (e) of subsection (1) of section
3979	499.01, Florida Statutes, is amended to read:
3980	499.01 Permits; applications; renewal; general
3981	requirements.--
3982	(1) Any person that is required under ss. 499.001-499.081
3983	to have a permit must apply to the department on forms furnished
3984	by the department.
3985	(e) The department may not issuea permit for a
3986	prescription drug manufacturer, prescription drug wholesaler, or
3987	retail pharmacy wholesaler may not be issuedto the address of a
3988	health care entity, except as provided in this paragraph. The
3989	department may issue a prescription drug manufacturer permit to
3990	an applicant at the same address as a licensed nuclear pharmacy
3991	that is a health care entity for the purpose of manufacturing
3992	prescription drugs used in positron emission tomography or other
3993	radiopharmaceuticals, as listed in a rule adopted by the
3994	department pursuant to this paragraph. The purpose of this
3995	exemption is to ensure availability of state-of-the-art
3996	pharmaceuticals that would pose a significant danger to the
3997	public health if manufactured at a separate establishment
3998	address other than the nuclear pharmacy from which the
3999	prescription drugs are dispensed.
4000	Section 96. Paragraph (b) of subsection (6) of section
4001	499.0121, Florida Statutes, is amended to read:
4002	499.0121 Storage and handling of prescription drugs;
4003	recordkeeping.--The department shall adopt rules to implement
4004	this section as necessary to protect the public health, safety,
4005	and welfare. Such rules shall include, but not be limited to,
4006	requirements for the storage and handling of prescription drugs
4007	and for the establishment and maintenance of prescription drug
4008	distribution records.
4009	(6) RECORDKEEPING.--The department shall adopt rules that
4010	require keeping such records of prescription drugs as are
4011	necessary for the protection of the public health.
4012	(b) Inventories and records must be made available for
4013	inspection and photocopying by authorized federal, state, or
4014	local officials for a period of 2 years following disposition of
4015	the drugs or 3 years after the date the inventory or record was
4016	created, whichever is longer.
4017
4018	For the purposes of this subsection, the term "authorized
4019	distributors of record" means those distributors with whom a
4020	manufacturer has established an ongoing relationship to
4021	distribute the manufacturer's products.
4022	Section 97. Section 501.122, Florida Statutes, is
4023	transferred and renumbered as section 404.24, Florida Statutes.
4024	Section 98. Subsection (1) of section 627.912, Florida
4025	Statutes, is amended to read:
4026	627.912 Professional liability claims and actions; reports
4027	by insurers.--
4028	(1) Each self-insurer authorized under s. 627.357 and each
4029	insurer or joint underwriting association providing professional
4030	liability insurance to a practitioner of medicine licensed under
4031	chapter 458, to a practitioner of osteopathic medicine licensed
4032	under chapter 459, to a podiatric physician licensed under
4033	chapter 461, to a dentist licensed under chapter 466, to a
4034	hospital licensed under chapter 395, to a crisis stabilization
4035	unit licensed under part IV of chapter 394, to a health
4036	maintenance organization certificated under part I of chapter
4037	641, to clinics included in chapter 390, to an ambulatory
4038	surgical center as defined in s. 395.002, or to a member of The
4039	Florida Bar shall report in duplicate to the Department of
4040	Insurance any claim or action for damages for personal injuries
4041	claimed to have been caused by error, omission, or negligence in
4042	the performance of such insured's professional services or based
4043	on a claimed performance of professional services without
4044	consent, if the claim resulted in:
4045	(a) A final judgment in any amount.
4046	(b) A settlement in any amount.
4047
4048	Reports shall be filed with the department and, if the insured
4049	party is licensed under chapter 458, chapter 459, or chapter 461
4050	and the final judgment or settlement amount was $50,000 or more,
4051	or if the insured party is licensed under chapter 466 and the
4052	final judgment or settlement amount was $25,000 or more, or
4053	chapter 466,with the Department of Health, no later than 30
4054	days following the occurrence of any event listed in paragraph
4055	(a) or paragraph (b). The Department of Health shall review each
4056	report and determine whether any of the incidents that resulted
4057	in the claim potentially involved conduct by the licensee that
4058	is subject to disciplinary action, in which case the provisions
4059	of s. 456.073 shall apply. The Department of Health, as part of
4060	the annual report required by s. 456.026, shall publish annual
4061	statistics, without identifying licensees, on the reports it
4062	receives, including final action taken on such reports by the
4063	Department of Health or the appropriate regulatory board.
4064	Section 99. Paragraph (a) of subsection (1) of section
4065	766.101, Florida Statutes, is amended to read:
4066	766.101 Medical review committee, immunity from
4067	liability.--
4068	(1) As used in this section:
4069	(a) The term "medical review committee" or "committee"
4070	means:
4071	1.a. A committee of a hospital or ambulatory surgical
4072	center licensed under chapter 395 or a health maintenance
4073	organization certificated under part I of chapter 641,
4074	b. A committee of a physician-hospital organization, a
4075	provider-sponsored organization, or an integrated delivery
4076	system,
4077	c. A committee of a state or local professional society of
4078	health care providers,
4079	d. A committee of a medical staff of a licensed hospital
4080	or nursing home, provided the medical staff operates pursuant to
4081	written bylaws that have been approved by the governing board of
4082	the hospital or nursing home,
4083	e. A committee of the Department of Corrections or the
4084	Correctional Medical Authority as created under s. 945.602, or
4085	employees, agents, or consultants of either the department or
4086	the authority or both,
4087	f. A committee of a professional service corporation
4088	formed under chapter 621 or a corporation organized under
4089	chapter 607 or chapter 617, which is formed and operated for the
4090	practice of medicine as defined in s. 458.305(3), and which has
4091	at least 25 health care providers who routinely provide health
4092	care services directly to patients,
4093	g. A committee of a mental health treatment facility
4094	licensed under chapter 394 or a community mental health center
4095	as defined in s. 394.907, provided the quality assurance program
4096	operates pursuant to the guidelines which have been approved by
4097	the governing board of the agency,
4098	h. A committee of a substance abuse treatment and
4099	education prevention program licensed under chapter 397 provided
4100	the quality assurance program operates pursuant to the
4101	guidelines which have been approved by the governing board of
4102	the agency,
4103	i. A peer review or utilization review committee organized
4104	under chapter 440,
4105	j. A committee of the Department of Health, a county
4106	health department, healthy start coalition, or certified rural
4107	health network, when reviewing quality of care, or employees of
4108	these entities when reviewing mortality records, or
4109	k. A continuous quality improvement committee of a
4110	pharmacy licensed pursuant to chapter 465,
4111	l. A committee established by a university board of
4112	trustees, or
4113	m. A committee comprised of faculty, residents, students,
4114	and administrators of an accredited college of medicine,
4115	nursing, or other health care discipline,
4116
4117	which committee is formed to evaluate and improve the quality of
4118	health care rendered by providers of health service or to
4119	determine that health services rendered were professionally
4120	indicated or were performed in compliance with the applicable
4121	standard of care or that the cost of health care rendered was
4122	considered reasonable by the providers of professional health
4123	services in the area; or
4124	2. A committee of an insurer, self-insurer, or joint
4125	underwriting association of medical malpractice insurance, or
4126	other persons conducting review under s. 766.106.
4127	Section 100. Paragraphs (a) and (b) of subsection (4) of
4128	section 766.314, Florida Statutes, are amended to read:
4129	766.314 Assessments; plan of operation.--
4130	(4) The following persons and entities shall pay into the
4131	association an initial assessment in accordance with the plan of
4132	operation:
4133	(a) On or before October 1, 1988, each hospital licensed
4134	under chapter 395 shall pay an initial assessment of $50 per
4135	infant delivered in the hospital during the prior calendar year,
4136	as reported to the Agency for Health Care Administration;
4137	provided, however, that a hospital owned or operated by the
4138	state or a county, special taxing district, or other political
4139	subdivision of the state shall not be required to pay the
4140	initial assessment or any assessment required by subsection (5).
4141	The term "infant delivered" includes live births and not
4142	stillbirths, but the term does not include infants delivered by
4143	employees or agents of the Board of Regents,orthose born in a
4144	teaching hospital as defined in s. 408.07, or those born in a
4145	family practice teaching hospital designated pursuant to s.
4146	395.806 that had been deemed by the association as being exempt
4147	from assessments for fiscal years 1997-1998 through 2001-2002.
4148	The initial assessment and any assessment imposed pursuant to
4149	subsection (5) may not include any infant born to a charity
4150	patient (as defined by rule of the Agency for Health Care
4151	Administration) or born to a patient for whom the hospital
4152	receives Medicaid reimbursement, if the sum of the annual
4153	charges for charity patients plus the annual Medicaid
4154	contractuals of the hospital exceeds 10 percent of the total
4155	annual gross operating revenues of the hospital. The hospital is
4156	responsible for documenting, to the satisfaction of the
4157	association, the exclusion of any birth from the computation of
4158	the assessment. Upon demonstration of financial need by a
4159	hospital, the association may provide for installment payments
4160	of assessments.
4161	(b)1. On or before October 15, 1988, all physicians
4162	licensed pursuant to chapter 458 or chapter 459 as of October 1,
4163	1988, other than participating physicians, shall be assessed an
4164	initial assessment of $250, which must be paid no later than
4165	December 1, 1988.
4166	2. Any such physician who becomes licensed after September
4167	30, 1988, and before January 1, 1989, shall pay into the
4168	association an initial assessment of $250 upon licensure.
4169	3. Any such physician who becomes licensed on or after
4170	January 1, 1989, shall pay an initial assessment equal to the
4171	most recent assessment made pursuant to this paragraph,
4172	paragraph (5)(a), or paragraph (7)(b).
4173	4. However, if the physician is a physician specified in
4174	this subparagraph, the assessment is not applicable:
4175	a. A resident physician, assistant resident physician, or
4176	intern in an approved postgraduate training program, as defined
4177	by the Board of Medicine or the Board of Osteopathic Medicine by
4178	rule;
4179	b. A retired physician who has withdrawn from the practice
4180	of medicine but who maintains an active license as evidenced by
4181	an affidavit filed with the Department of Health. Prior to
4182	reentering the practice of medicine in this state, a retired
4183	physician as herein defined must notify the Board of Medicine or
4184	the Board of Osteopathic Medicine and pay the appropriate
4185	assessments pursuant to this section;
4186	c. A physician who holds a limited license pursuant to s.
4187	458.315458.317and who is not being compensated for medical
4188	services;
4189	d. A physician who is employed full time by the United
4190	States Department of Veterans Affairs and whose practice is
4191	confined to United States Department of Veterans Affairs
4192	hospitals; or
4193	e. A physician who is a member of the Armed Forces of the
4194	United States and who meets the requirements of s. 456.024.
4195	f. A physician who is employed full time by the State of
4196	Florida and whose practice is confined to state-owned
4197	correctional institutions, a county health department, or state-
4198	owned mental health or developmental services facilities, or who
4199	is employed full time by the Department of Health.
4200	Section 101. Section 784.081, Florida Statutes, is amended
4201	to read:
4202	784.081 Assault or battery on specified officials or
4203	employees; reclassification of offenses.--Whenever a person is
4204	charged with committing an assault or aggravated assault or a
4205	battery or aggravated battery upon any elected official or
4206	employee of: a school district; a private school; the Florida
4207	School for the Deaf and the Blind; a university developmental
4208	research school; a state university or any other entity of the
4209	state system of public education, as defined in s. 1000.04; an
4210	employee or protective investigator of the Department of
4211	Children and Family Services; oran employee of a lead
4212	community-based provider and its direct service contract
4213	providers; or an employee of the Department of Health or its
4214	direct service contract providers, when the person committing
4215	the offense knows or has reason to know the identity or position
4216	or employment of the victim, the offense for which the person is
4217	charged shall be reclassified as follows:
4218	(1) In the case of aggravated battery, from a felony of
4219	the second degree to a felony of the first degree.
4220	(2) In the case of aggravated assault, from a felony of
4221	the third degree to a felony of the second degree.
4222	(3) In the case of battery, from a misdemeanor of the
4223	first degree to a felony of the third degree.
4224	(4) In the case of assault, from a misdemeanor of the
4225	second degree to a misdemeanor of the first degree.
4226	Section 102. Paragraph (a) of subsection (1) of section
4227	817.567, Florida Statutes, is amended to read:
4228	817.567 Making false claims of academic degree or title.--
4229	(1) No person in the state may claim, either orally or in
4230	writing, to possess an academic degree, as defined in s.
4231	1005.02, or the title associated with said degree, unless the
4232	person has, in fact, been awarded said degree from an
4233	institution that is:
4234	(a) Accredited by a regional or professional accrediting
4235	agency recognized by the United States Department of Education
4236	or the Council for Higher EducationCommission on Recognition of
4237	PostsecondaryAccreditation;
4238	Section 103. Section 945.6038, Florida Statutes, is
4239	created to read:
4240	945.6038 Additional services.--The authority is authorized
4241	to enter into an agreement or contract with the Department of
4242	Children and Family Services, subject to the availability of
4243	funding, to conduct surveys of medical services and to provide
4244	medical quality assurance and improvement assistance at secure
4245	confinement and treatment facilities for persons confined under
4246	part V of chapter 394. The authority is authorized to enter into
4247	similar agreements with other state agencies, subject to the
4248	availability of funds. The authority may not enter any such
4249	agreement if it would impair the authority's ability to fulfill
4250	its obligations with regard to the Department of Corrections as
4251	set forth in this chapter.
4252	Section 104. Subsection (13) of section 1009.992, Florida
4253	Statutes, is amended to read:
4254	1009.992 Definitions.--As used in this act:
4255	(13) "Institution" means any college or university which,
4256	by virtue of law or charter, is accredited by and holds
4257	membership in the Council for Higher EducationCommission on
4258	Recognition of PostsecondaryAccreditation; which grants
4259	baccalaureate or associate degrees; which is not a pervasively
4260	sectarian institution; and which does not discriminate in the
4261	admission of students on the basis of race, color, religion,
4262	sex, or creed.
4263	Section 105. Section 1012.46, Florida Statutes, is amended
4264	to read:
4265	1012.46 Athletic trainers.--
4266	(1) School districts may establish and implement an
4267	athletic injuries prevention and treatment program. Central to
4268	this program should be the employment and availability of
4269	persons trained in the prevention and treatment of physical
4270	injuries which may occur during athletic activities. The program
4271	should reflect opportunities for progressive advancement and
4272	compensation in employment as provided in subsection (2) and
4273	meet certain other minimum standards developed by the Department
4274	of Education. The goal of the Legislature is to have school
4275	districts employ and have available a full-time teacher athletic
4276	trainer in each high school in the state.
4277	(2) To the extent practicable, a school district program
4278	should include the following employment classification and
4279	advancement scheme:
4280	(a) First responder.--To qualify as a first responder, a
4281	person must possess a professional, temporary, part-time,
4282	adjunct, or substitute certificate pursuant to s. 1012.56, be
4283	certified in cardiopulmonary resuscitation, first aid, and have
4284	15 semester hours in courses such as care and prevention of
4285	athletic injuries, anatomy, physiology, nutrition, counseling,
4286	and other similar courses approved by the Commissioner of
4287	Education. This person may only administer first aid and similar
4288	care, and shall not hold himself or herself out to the school
4289	district or public as an athletic trainer pursuant to part XIII
4290	of chapter 468.
4291	(b) Teacher Athletic trainer.--To qualify as ana teacher
4292	athletic trainer, a person must be licensed as required by part
4293	XIII of chapter 468 and may be utilized by the school district
4294	as possessa professional, temporary, part-time, adjunct, or
4295	substitute teachercertificatepursuant to s. 1012.35, s.
4296	1012.56, or s. 1012.57, and be licensed as required by part XIII
4297	of chapter 468.
4298	Section 106. (1) All payments made after July 1, 2003, by
4299	the Department of Health to the Division of Administrative
4300	Hearings which are based on a formula in effect prior to that
4301	date shall revert to the Department of Health. Effective July 1,
4302	2004, the Division of Administrative Hearings shall bill the
4303	Department of Health in accordance with s. 456.073(5), Florida
4304	Statutes.
4305	(2) The Office of Program Policy Analysis and Government
4306	Accountability and the Auditor General shall conduct a joint
4307	audit of all hearings and billings therefor conducted by the
4308	Division of Administrative Hearings for all state agencies and
4309	nonstate agencies and shall present a report to the President of
4310	the Senate and the Speaker of the House of Representatives on or
4311	before January 1, 2004, which contains findings and
4312	recommendations regarding the manner in which the division
4313	charges for its services. The report shall recommend alternative
4314	billing formulas.
4315	Section 107. (1) The Department of Health, in
4316	consultation with the Miami-Dade Community College Physician
4317	Assistant Program, the University of Florida Physician Assistant
4318	Program, the Nova Southeastern University Physician Assistant
4319	Program, the Florida Academy of Physician Assistants, and the
4320	Barry University Physician Assistant Program, shall conduct a
4321	study to establish the most advantageous methods to utilize the
4322	medical skills of foreign-trained physicians to practice as
4323	physician assistants in this state. Such study shall indicate:
4324	(a) The existing pathways or methods for a foreign-trained
4325	physician to receive a license to practice as a physician
4326	assistant in Florida.
4327	(b) National standards, national examinations, and
4328	credentialing requirements for a foreign-trained physician to be
4329	licensed to practice as a physician assistant in other states in
4330	the United States.
4331	(c) Training, education requirements, remedial courses,
4332	and supervisory needs of a foreign-trained physician desiring to
4333	become eligible to practice as a physician assistant.
4334	(d) The scope of practice of a foreign-trained physician
4335	assistant.
4336	(e) Any other areas of study that the department and
4337	educational institutions deem appropriate to further the intent
4338	of this section.
4339	(2) A copy of the study, including results and
4340	recommendations, shall be presented to the Governor, the
4341	President of the Senate, and the Speaker of the House of
4342	Representatives no later than January 1, 2004.
4343	Section 108. Subsection (9) of section 381.0098, section
4344	381.85, paragraph (f) of subsection (2) of section 385.103,
4345	sections 385.205 and 385.209, subsection (7) of section 445.033,
4346	sections 456.031, 456.033, 456.034, 458.313, 458.316, 458.3165,
4347	458.317, 468.356, and 468.357, and subsection (3) of section
4348	468.711, Florida Statutes, are repealed.
4349	Section 109. If any law amended by this act was also
4350	amended by a law enacted at the 2003 Regular Session of the
4351	Legislature, such laws shall be construed as if they had been
4352	enacted at the same session of the Legislature, and full effect
4353	shall be given to each if possible.
4354	Section 110. Except as otherwise provided herein, this act
4355	shall take effect July 1, 2003.