Senate Bill sb1154e1

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  1                      A bill to be entitled

  2         An act relating to health care practitioners;

  3         amending s. 456.025, F.S.; deleting

  4         requirements for the Department of Health to

  5         administer an electronic continuing education

  6         tracking system for health care practitioners;

  7         creating s. 456.0251, F.S.; providing for

  8         enforcement of continuing education

  9         requirements required for license renewal;

10         authorizing citations and fines to be imposed

11         for failure to comply with required continuing

12         education requirements; amending s. 456.072,

13         F.S.; providing for discipline of licensees who

14         fail to meet continuing education requirements

15         as a prerequisite for license renewal three or

16         more times; creating s. 381.03015, F.S.;

17         providing legislative intent with respect to a

18         health care practitioner workforce database;

19         providing definitions; creating the Florida

20         Health Care Practitioner Workforce Database

21         within the Department of Health; authorizing

22         the database to be implemented in stages;

23         giving priority in the database for information

24         concerning allopathic and osteopathic

25         physicians; specifying data elements of

26         allopathic and osteopathic physicians for

27         inclusion in the database; requiring that data

28         for the health care practitioner workforce

29         database be gathered from existing data

30         sources; requiring certain entities to provide

31         data elements to the department; authorizing


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 1         the department to create an advisory committee;

 2         requiring the department to adopt rules;

 3         providing that the act will not take effect

 4         unless funds are specifically appropriated for

 5         this purpose; prohibiting the use of a

 6         specified trust fund to administer the act;

 7         amending s. 456.039, F.S.; revising the

 8         requirements for updating the information

 9         submitted by designated health care

10         professionals for licensure and license

11         renewal; authorizing the Department of Health

12         to receive automated criminal arrest

13         information concerning health care

14         professionals who are subject to the profiling

15         requirements; requiring certain health

16         professionals to submit fingerprints to the

17         Department of Health and to pay fees for a

18         criminal history records check; amending s.

19         456.0391, F.S.; revising the requirements for

20         information submitted by advanced registered

21         nurse practitioners for certification;

22         authorizing the Department of Health to receive

23         automated criminal arrest information

24         concerning health care professionals who are

25         subject to the profiling requirements;

26         requiring certain health professionals to

27         submit fingerprints to the Department of Health

28         and to pay fees for a criminal history records

29         check; requiring applications for a physician

30         license and license renewal to be submitted

31         electronically by a specified date; amending s.


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 1         456.042, F.S.; requiring designated health care

 2         practitioners to electronically submit updates

 3         of required information for compilation into

 4         practitioner profiles; amending s. 456.051,

 5         F.S.; revising requirements for the Department

 6         of Health to publish reports of claims or

 7         actions for damages for certain health care

 8         practitioners on the practitioner profiles;

 9         amending ss. 458.319, 459.008, 460.407, and

10         461.007, F.S.; revising requirements for

11         physician licensure renewal; authorizing the

12         Department of Health to gain access to renewal

13         applicants' records in an automated system

14         maintained by the Department of Law

15         Enforcement; amending s. 461.014, F.S.;

16         providing that each hospital annually provide a

17         list of podiatric residents; providing an

18         appropriation; providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Section 381.03015, Florida Statutes, is

23  created to read:

24         381.03015  Florida Health Care Practitioner Workforce

25  Database.--

26         (1)  LEGISLATIVE FINDINGS AND INTENT.--

27         (a)  The Legislature finds that the state health

28  policies designed to expand patient access and improve the

29  quality of health care delivery must take into consideration

30  the supply, distribution, diversity, academic preparation, and

31  utilization of the state's health care workforce. The


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 1  Legislature further finds that the absence of accurate,

 2  objective, relevant, and timely data concerning the health

 3  care workforce in this state is a barrier to developing and

 4  implementing optimal programmatic and fiscal policies relating

 5  to the education and training of health care practitioners and

 6  the delivery of health care services.

 7         (b)  In order to eliminate these barriers, it is the

 8  intent of the Legislature to create the Florida Health Care

 9  Practitioner Workforce Database within the Department of

10  Health. The database shall provide the capacity for the

11  collection, compilation, maintenance, and analysis of data

12  concerning the state's health care workforce. It is further

13  the intent of the Legislature that the workforce database

14  serve as the official state repository of data that can be

15  used by the Legislature, the Executive Office of the Governor,

16  state agencies, and state, regional, and local entities

17  involved in planning, analysis, and policy development for the

18  health care workforce and in the delivery of health care

19  services.

20         (2) DEFINITIONS.--As used in this section, the term:

21         (a)  "Department" means the Department of Health.

22         (b)  "Health care practitioner" has the same meaning as

23  provided in s. 456.001.

24         (3)  FLORIDA HEALTH CARE PRACTITIONER WORKFORCE

25  DATABASE.--

26         (a)  The Florida Health Care Practitioner Workforce

27  Database is the electronic repository of data elements for

28  each health care profession identified by the department for

29  inclusion in the database. Data elements shall be maintained

30  for as many years as necessary to allow for an analysis of

31  longitudinal trends. To the maximum extent feasible, data


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 1  elements must be collected and maintained using standardized

 2  definitions in order to allow for multistate or national

 3  comparisons of this state's data.

 4         (b)  The workforce database may be implemented in

 5  phases; however, the highest priority must be given to

 6  including the data elements for allopathic and osteopathic

 7  physicians in the database. Inclusion of data elements for

 8  other health care practitioners may be accomplished in

 9  subsequent phases, as resources allow with priority given to

10  the inclusion of health care practitioners who are subject to

11  the practitioner profiling system under s. 456.041. The

12  department shall develop an implementation plan that

13  recommends the priority order in which other health care

14  practitioners may be added to the database, identifies the

15  data elements to be collected for each group of health care

16  practitioners, and provides an estimate of the cost associated

17  with the addition of each group of health care practitioners

18  to the database. The data elements collected for nurses shall

19  be identified by the department, based upon recommendations

20  made by the Florida Center for Nursing. The implementation

21  plan shall also provide an analysis of technical issues and an

22  estimate of the costs associated with collecting the following

23  data elements for allopathic and osteopathic physicians

24  through the licensing processes of the Board of Medicine and

25  the Board of Osteopathic Medicine under s. 456.039, or through

26  the profiling process for health care practitioners under s.

27  456.041:

28         1.  The physician's secondary practice location, if

29  any, including the street address, municipality, county, and

30  zip code.

31  


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 1         2.  The approximate number of hours per week spent in

 2  each practice location.

 3         3.  Each practice setting, by major category of

 4  practice setting, including, but not limited to, office-based

 5  practice, hospital-based practice, nursing home, health

 6  maintenance organization, and county health department.

 7         4.  Whether the physician is a full-time member of a

 8  medical school faculty.

 9         5.  Whether the physician plans to reduce his or her

10  practice volume by a significant percent within the effective

11  period of the currently held license.

12  

13  The implementation plan shall be submitted to the Governor and

14  Legislature by December 1, 2005.

15         (4)  The data elements for allopathic and osteopathic

16  physicians shall include the following:

17         (a)  Data elements for each allopathic and osteopathic

18  physician licensed to practice in this state:

19         1.  Name.

20         2.  Date of birth.

21         3.  Place of birth.

22         4.  Gender.

23         5.  Race.

24         6.  Social security number.

25         7.  Name of medical school.

26         8.  Year of graduation from medical school.

27         9.  Location of medical school.

28         10.  Name of each graduate medical education program

29  completed.

30         11.  Year of completion of each graduate medical

31  education program.


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 1         12.  Location of each graduate medical education

 2  program completed.

 3         13.  Type of each graduate medical education program

 4  completed, such as internship, residency, or fellowship.

 5         14.  Each medical specialty or subspecialty that the

 6  physician practices.

 7         15.  Each medical specialty board certification held.

 8         16.  The primary practice location, including the

 9  street address, municipality, county, and zip code for each

10  location.

11         (b)  Data elements for each graduate of a Florida

12  allopathic or osteopathic medical school:

13         1.  Name.

14         2.  Date of birth.

15         3.  Place of birth.

16         4.  Gender.

17         5.  Race.

18         6.  Social security number.

19         7.  Name of medical school.

20         8.  Year of graduation from medical school.

21         9.  Name and location, by state and country, of the

22  graduate medical education program that the graduate plans to

23  enter.

24         10.  Type of graduate medical education program, such

25  as internship or residency, which the graduate plans to enter,

26  including the identification of graduate medical education

27  programs during postgraduate year 1 and postgraduate year 2,

28  if applicable, for graduates entering preliminary or

29  transitional positions during postgraduate year 1.

30  

31  


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 1         (c)  Data elements for each allopathic or osteopathic

 2  physician completing a graduate medical education program in

 3  this state:

 4         1.  Name.

 5         2.  Date of birth.

 6         3.  Place of birth.

 7         4.  Gender.

 8         5.  Race.

 9         6.  Social security number.

10         7.  Name of medical school.

11         8.  Year of graduation from medical school.

12         9.  Location, by state and country, of the medical

13  school.

14         10.  Name and location, by state and country, of the

15  graduate medical education program.

16         (5)  REQUIRED USE OF EXISTING DATA SOURCES.--It is the

17  intent of the Legislature to minimize the cost of creating and

18  operating the Florida Health Care Practitioner Workforce

19  Database and to avoid unwarranted duplication of existing

20  data. Therefore, to the maximum extent possible, the data

21  included in the workforce database shall be derived from

22  existing data sources except as provided in paragraph (6)(a).

23  New data shall be collected for inclusion in the workforce

24  database only when the department determines that such data

25  are essential for evaluating and analyzing the health care

26  professions and when the data cannot be obtained from existing

27  sources.

28         (6)(a)  Data elements sought to satisfy paragraph

29  (4)(a) shall be obtained from the licensing processes of the

30  Board of Medicine and the Board of Osteopathic Medicine under

31  s. 456.039, and from the profiling process for health care


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 1  practitioners under s. 456.041. In addition to the data

 2  collected under ss. 456.039 and 456.041, the Board of Medicine

 3  and the Board of Osteopathic Medicine shall collect the

 4  following data from each person applying for initial licensure

 5  or licensure renewal to practice medicine or osteopathic

 6  medicine as a physician after July 1, 2005, and the Department

 7  of Health shall enter the data into the database used for

 8  licensure or an equivalent database:

 9         1.  The place of the applicant's birth.

10         2.  The state and country of the medical school from

11  which the applicant graduated.

12         3.  Each medical specialty or subspecialty that the

13  physician practices.

14         (b)  Each medical school in this state shall annually

15  submit the data elements described in paragraph (4)(b) to the

16  department, in a manner prescribed by the department, for each

17  medical student who provides written consent to the medical

18  school authorizing the release of his or her data to the

19  department.

20         (c)  Each graduate medical education program in this

21  state shall annually submit the data elements described in

22  paragraph (4)(c) to the department, in the manner prescribed

23  by the department, for each intern or resident who provides

24  written consent to the residency program authorizing the

25  release of his or her data to the department.

26         (7)  IMPLEMENTATION.--

27         (a)  The Secretary of Health may establish an advisory

28  committee to monitor the creation and implementation of the

29  Florida Health Care Practitioner Workforce Database.

30  

31  


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 1         (b)  The department may employ or assign agency staff

 2  or may contract, on a competitive-bid basis, with an

 3  appropriate entity to administer the workforce database.

 4         (8)  RULEMAKING.--The department shall adopt rules

 5  under ss. 120.536(1) and 120.54 to administer this section.

 6         Section 2.  Section 1 of this act shall not take effect

 7  unless sufficient funds are allocated in a specific

 8  appropriation or in the General Appropriations Act for the

 9  2004-2005 fiscal year to fund the Florida Health Care

10  Practitioner Workforce Database. The Medical Quality Assurance

11  Trust Fund may not be used to fund the administration of this

12  act.

13         Section 3.  Subsections (3) and (4) of section 456.039,

14  Florida Statutes, are amended to read:

15         456.039  Designated health care professionals;

16  information required for licensure.--

17         (3)  Each person who has submitted information under

18  pursuant to subsection (1) must update that information in

19  writing by notifying the department of Health within 15 45

20  days after the occurrence of an event or the attainment of a

21  status that is required to be reported by subsection (1).

22  Failure to comply with the requirements of this subsection to

23  update and submit information constitutes a ground for

24  disciplinary action under each respective licensing chapter

25  and s. 456.072(1)(k). For failure to comply with the

26  requirements of this subsection to update and submit

27  information, the department or board, as appropriate, may:

28         (a)  Refuse to issue a license to any person applying

29  for initial licensure who fails to submit and update the

30  required information.

31  


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 1         (b)  Issue a citation to any licensee who fails to

 2  submit and update the required information and may fine the

 3  licensee up to $50 for each day that the licensee is not in

 4  compliance with this subsection. The citation must clearly

 5  state that the licensee may choose, in lieu of accepting the

 6  citation, to follow the procedure under s. 456.073. If the

 7  licensee disputes the matter in the citation, the procedures

 8  set forth in s. 456.073 must be followed. However, if the

 9  licensee does not dispute the matter in the citation with the

10  department within 30 days after the citation is served, the

11  citation becomes a final order and constitutes discipline.

12  Service of a citation may be made by personal service or

13  certified mail, restricted delivery, to the subject at the

14  licensee's last known address.

15         (4)(a)  An applicant for initial licensure must submit

16  a set of fingerprints to the Department of Health in

17  accordance with s. 458.311, s. 458.3115, s. 458.3124, s.

18  458.313, s. 459.0055, s. 460.406, or s. 461.006.

19         (b)  An applicant for renewed licensure must submit a

20  set of fingerprints for the initial renewal of his or her

21  license after January 1, 2000, to the department agency

22  regulating that profession in accordance with procedures

23  established under s. 458.319, s. 459.008, s. 460.407, or s.

24  461.007.

25         (c)  The Department of Health shall submit the

26  fingerprints provided by an applicant for initial licensure to

27  the Florida Department of Law Enforcement for a statewide

28  criminal history check, and the Florida Department of Law

29  Enforcement shall forward the fingerprints to the Federal

30  Bureau of Investigation for a national criminal history check

31  of the applicant.  The department shall submit the


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 1  fingerprints provided by an applicant for a renewed license to

 2  the Florida Department of Law Enforcement for a statewide

 3  criminal history check, and the Florida Department of Law

 4  Enforcement shall forward the fingerprints to the Federal

 5  Bureau of Investigation for a national criminal history check

 6  for the initial renewal of the applicant's license after

 7  January 1, 2000; for any subsequent renewal of the applicant's

 8  license, the department shall submit the required information

 9  for a statewide criminal history check of the applicant.

10         (d)  Any applicant for initial licensure or renewal of

11  licensure as a health care practitioner who submits to the

12  Department of Health a set of fingerprints or information

13  required for the criminal history check required under this

14  section shall not be required to provide a subsequent set of

15  fingerprints or other duplicate information required for a

16  criminal history check to the Agency for Health Care

17  Administration, the Department of Juvenile Justice, or the

18  Department of Children and Family Services for employment or

19  licensure with such agency or department if the applicant has

20  undergone a criminal history check as a condition of initial

21  licensure or licensure renewal as a health care practitioner

22  with the Department of Health or any of its regulatory boards,

23  notwithstanding any other provision of law to the contrary. In

24  lieu of such duplicate submission, the Agency for Health Care

25  Administration, the Department of Juvenile Justice, and the

26  Department of Children and Family Services shall obtain

27  criminal history information for employment or licensure of

28  health care practitioners by such agency and departments from

29  the Department of Health's health care practitioner

30  credentialing system.

31  


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 1         (e)  Fingerprints obtained by the Department of Health

 2  under paragraph (a) shall be retained by the Department of Law

 3  Enforcement and must be entered in the statewide automated

 4  fingerprint identification system authorized by s.

 5  943.05(2)(b). Such fingerprints shall thereafter be available

 6  for all purposes and uses authorized for arrest fingerprint

 7  cards entered in the statewide automated fingerprint

 8  identification system pursuant to s. 943.051.

 9         (f)  Beginning December 15, 2004, the Department of Law

10  Enforcement shall search all arrest fingerprint cards received

11  under s. 943.051 against the fingerprints retained in the

12  statewide automated fingerprint identification system under

13  paragraph (e). Any arrest records that are thus identified

14  with the retained applicant fingerprints must be reported to

15  the Department of Health. The Department of Health must

16  participate in this search process by paying an annual fee to

17  the Department of Law Enforcement and by informing the

18  Department of Law Enforcement of any change in the licensure

19  status of each applicant whose fingerprints are retained under

20  paragraph (e). The Department of Law Enforcement shall

21  establish by rule the amount of the annual fee to be imposed

22  on the Department of Health for performing these searches, for

23  retaining fingerprints of licensed health care practitioners,

24  and for disseminating search results. Each applicant for

25  licensure or license renewal who is subject to the

26  requirements of this section and whose fingerprints are

27  retained by the Department of Law Enforcement shall pay to the

28  Department of Health, at the time of initial licensure or

29  license renewal, an amount equal to the costs incurred by the

30  Department of Health for access to records in the statewide

31  automated fingerprint identification system in lieu of payment


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 1  of fees for a statewide criminal background check of the

 2  applicant.

 3         Section 4.  Subsections (3) and (4) of section

 4  456.0391, Florida Statutes, are amended to read:

 5         456.0391  Advanced registered nurse practitioners;

 6  information required for certification.--

 7         (3)  Each person certified under s. 464.012 who has

 8  submitted information pursuant to subsection (1) must update

 9  that information in writing by notifying the department of

10  Health within 15 45 days after the occurrence of an event or

11  the attainment of a status that is required to be reported by

12  subsection (1). Failure to comply with the requirements of

13  this subsection to update and submit information constitutes a

14  ground for disciplinary action under chapter 464 and s.

15  456.072(1)(k). For failure to comply with the requirements of

16  this subsection to update and submit information, the

17  department or board, as appropriate, may:

18         (a)  Refuse to issue a certificate to any person

19  applying for initial certification who fails to submit and

20  update the required information.

21         (b)  Issue a citation to any certificateholder who

22  fails to submit and update the required information and may

23  fine the certificateholder up to $50 for each day that the

24  certificateholder is not in compliance with this subsection.

25  The citation must clearly state that the certificateholder may

26  choose, in lieu of accepting the citation, to follow the

27  procedure under s. 456.073. If the certificateholder disputes

28  the matter in the citation, the procedures set forth in s.

29  456.073 must be followed. However, if the certificateholder

30  does not dispute the matter in the citation with the

31  department within 30 days after the citation is served, the


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 1  citation becomes a final order and constitutes discipline.

 2  Service of a citation may be made by personal service or

 3  certified mail, restricted delivery, to the subject at the

 4  certificateholder's last known address.

 5         (4)(a)  An applicant for initial certification under s.

 6  464.012 must submit a set of fingerprints to the Department of

 7  Health on a form and under procedures specified by the

 8  department, along with payment in an amount equal to the costs

 9  incurred by the Department of Health for a national criminal

10  history check of the applicant.

11         (b)  An applicant for renewed certification who has not

12  previously submitted a set of fingerprints to the Department

13  of Health for purposes of certification must submit a set of

14  fingerprints to the department as a condition of the initial

15  renewal of his or her certificate after the effective date of

16  this section. The applicant must submit the fingerprints on a

17  form and under procedures specified by the department, along

18  with payment in an amount equal to the costs incurred by the

19  Department of Health for a national criminal history check.

20  For subsequent renewals, the applicant for renewed

21  certification must only submit information necessary to

22  conduct a statewide criminal history check, along with payment

23  in an amount equal to the costs incurred by the Department of

24  Health for a statewide criminal history check.

25         (c)1.  The Department of Health shall submit the

26  fingerprints provided by an applicant for initial

27  certification to the Florida Department of Law Enforcement for

28  a statewide criminal history check, and the Florida Department

29  of Law Enforcement shall forward the fingerprints to the

30  Federal Bureau of Investigation for a national criminal

31  history check of the applicant.


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 1         2.  The department shall submit the fingerprints

 2  provided by an applicant for the initial renewal of

 3  certification to the Florida Department of Law Enforcement for

 4  a statewide criminal history check, and the Florida Department

 5  of Law Enforcement shall forward the fingerprints to the

 6  Federal Bureau of Investigation for a national criminal

 7  history check for the initial renewal of the applicant's

 8  certificate after the effective date of this section.

 9         3.  For any subsequent renewal of the applicant's

10  certificate, the department shall submit the required

11  information for a statewide criminal history check of the

12  applicant to the Florida Department of Law Enforcement.

13         (d)  Any applicant for initial certification or renewal

14  of certification as an advanced registered nurse practitioner

15  who submits to the Department of Health a set of fingerprints

16  and information required for the criminal history check

17  required under this section shall not be required to provide a

18  subsequent set of fingerprints or other duplicate information

19  required for a criminal history check to the Agency for Health

20  Care Administration, the Department of Juvenile Justice, or

21  the Department of Children and Family Services for employment

22  or licensure with such agency or department, if the applicant

23  has undergone a criminal history check as a condition of

24  initial certification or renewal of certification as an

25  advanced registered nurse practitioner with the Department of

26  Health, notwithstanding any other provision of law to the

27  contrary. In lieu of such duplicate submission, the Agency for

28  Health Care Administration, the Department of Juvenile

29  Justice, and the Department of Children and Family Services

30  shall obtain criminal history information for employment or

31  licensure of persons certified under s. 464.012 by such agency


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 1  or department from the Department of Health's health care

 2  practitioner credentialing system.

 3         (e)  Fingerprints obtained by the Department of Health

 4  under paragraph (a) shall be retained by the Department of Law

 5  Enforcement and must be entered in the statewide automated

 6  fingerprint identification system authorized by s.

 7  943.05(2)(b). Such fingerprints shall thereafter be available

 8  for all purposes and uses authorized for arrest fingerprint

 9  cards entered in the statewide automated fingerprint

10  identification system pursuant to s. 943.051.

11         (f)  Beginning December 15, 2004, the Department of Law

12  Enforcement shall search all arrest fingerprint cards received

13  under s. 943.051 against the fingerprints retained in the

14  statewide automated fingerprint identification system under

15  paragraph (e). Any arrest records that are thus identified

16  with the retained applicant fingerprints must be reported to

17  the Department of Health. The Department of Health must

18  participate in this search process by paying an annual fee to

19  the Department of Law Enforcement and by informing the

20  Department of Law Enforcement of any change in the

21  certification status of each applicant whose fingerprints are

22  retained under paragraph (e). The Department of Law

23  Enforcement shall establish by rule the amount of the annual

24  fee to be imposed on the Department of Health for performing

25  these searches, for retaining fingerprints of certified health

26  care practitioners, and for disseminating search results. Each

27  applicant for certification or certification renewal who is

28  subject to the requirements of this section and whose

29  fingerprints are retained by the Department of Law Enforcement

30  shall pay to the Department of Health, at the time of initial

31  certification or certification renewal, an amount equal to the


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 1  costs incurred by the Department of Health for access to

 2  records in the statewide automated fingerprint identification

 3  system in lieu of payment of fees for a statewide criminal

 4  background check of the applicant.

 5         Section 5.  (1)(a)  Beginning July 1, 2006, the

 6  application forms for an initial license and a license renewal

 7  for physicians licensed under chapter 458, chapter 459,

 8  chapter 460, or chapter 461, Florida Statutes, shall be

 9  submitted electronically through the Internet unless the

10  applicant provides an explanation for not doing so.

11         (b)  Beginning July 1, 2007, the application forms for

12  an initial license and a license renewal for physicians

13  licensed under chapter 458, chapter 459, chapter 460, or

14  chapter 461, Florida Statutes, shall be submitted

15  electronically through the Internet.

16         (c)  The department shall issue the license or renew a

17  license if the applicant provides satisfactory evidence that

18  all conditions and requirements of licensure or license

19  renewal have been met.

20         Section 6.  Section 456.042, Florida Statutes, is

21  amended to read:

22         456.042  Practitioner profiles; update.--A practitioner

23  must submit updates of required information within 15 days

24  after the final activity that renders such information a fact.

25  Practitioners may submit the required information

26  electronically through the Internet. Beginning July 1, 2007, a

27  practitioner must electronically submit updates of required

28  information through the Internet within 15 days after the

29  final activity that renders such information a fact. The

30  department of Health shall update each practitioner's

31  


                                  18

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  practitioner profile periodically. An updated profile is

 2  subject to the same requirements as an original profile.

 3         Section 7.  Subsection (1) of section 456.051, Florida

 4  Statutes, is amended to read:

 5         456.051  Reports of professional liability actions;

 6  bankruptcies; Department of Health's responsibility to

 7  provide.--

 8         (1)  The report of a claim or action for damages for

 9  personal injury which is required to be provided to the

10  Department of Health under s. 456.049 or s. 627.912 is public

11  information except for the name of the claimant or injured

12  person, which remains confidential as provided in ss.

13  456.049(2)(d) and 627.912(2)(e). The Department of Health

14  shall, upon request, make such report available to any person.

15  The department shall make such report available as a part of

16  the practitioner's profile in accordance with s. 456.041(4)

17  within 30 calendar days after receipt.

18         Section 8.  Subsection (1) of section 458.319, Florida

19  Statutes, is amended to read:

20         458.319  Renewal of license.--

21         (1)  The department shall renew a license upon receipt

22  of the renewal application, evidence that the applicant has

23  actively practiced medicine or has been on the active teaching

24  faculty of an accredited medical school for at least 2 years

25  of the immediately preceding 4 years, and a fee not to exceed

26  $500; provided, however, that if the licensee is either a

27  resident physician, assistant resident physician, fellow,

28  house physician, or intern in an approved postgraduate

29  training program, as defined by the board by rule, the fee

30  shall not exceed $100 per annum.  If the licensee has not

31  actively practiced medicine for at least 2 years of the


                                  19

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  immediately preceding 4 years, the board shall require that

 2  the licensee successfully complete a board-approved clinical

 3  competency examination prior to renewal of the license.

 4  "Actively practiced medicine" means that practice of medicine

 5  by physicians, including those employed by any governmental

 6  entity in community or public health, as defined by this

 7  chapter, including physicians practicing administrative

 8  medicine. An applicant for a renewed license must also submit

 9  the information required under s. 456.039 to the department on

10  a form and under procedures specified by the department, along

11  with payment in an amount equal to the costs incurred by the

12  Department of Health for the statewide criminal background

13  check of the applicant. After the statewide automated

14  fingerprint identification system is implemented, the

15  applicant whose fingerprints are retained in that system must

16  pay the Department of Health an amount equal to the costs

17  incurred by the Department of Health for access to records in

18  the statewide automated fingerprint identification system in

19  lieu of payment of fees for a statewide criminal background

20  check of the applicant. The applicant must submit a set of

21  fingerprints to the Department of Health on a form and under

22  procedures specified by the department, along with payment in

23  an amount equal to the costs incurred by the department for a

24  national criminal background check of the applicant for the

25  initial renewal of his or her license after January 1, 2000.

26  If the applicant fails to submit either the information

27  required under s. 456.039 or a set of fingerprints to the

28  department as required by this section, the department shall

29  issue a notice of noncompliance, and the applicant will be

30  given 30 additional days to comply. If the applicant fails to

31  comply within 30 days after the notice of noncompliance is


                                  20

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  issued, the department or board, as appropriate, may issue a

 2  citation to the applicant and may fine the applicant up to $50

 3  for each day that the applicant is not in compliance with the

 4  requirements of s. 456.039. The citation must clearly state

 5  that the applicant may choose, in lieu of accepting the

 6  citation, to follow the procedure under s. 456.073. If the

 7  applicant disputes the matter in the citation, the procedures

 8  set forth in s. 456.073 must be followed. However, if the

 9  applicant does not dispute the matter in the citation with the

10  department within 30 days after the citation is served, the

11  citation becomes a final order and constitutes discipline.

12  Service of a citation may be made by personal service or

13  certified mail, restricted delivery, to the subject at the

14  applicant's last known address. If an applicant has submitted

15  fingerprints to the department for a national criminal history

16  check upon initial licensure and is renewing his or her

17  license for the first time, then the applicant need only

18  submit the information and fee required for a statewide

19  criminal history check. However, if the applicant's

20  fingerprints are retained by the Department of Law Enforcement

21  in the statewide automated fingerprint identification system

22  and the Department of Health is using that system for access

23  to arrest information of licensed health practitioners, then

24  the applicant must submit the information and fee required by

25  s. 456.039 for access to records in the statewide automated

26  fingerprint identification system in lieu of payment of fees

27  for a criminal background check of the applicant.

28         Section 9.  Subsection (1) of section 459.008, Florida

29  Statutes, is amended to read:

30         459.008  Renewal of licenses and certificates.--

31  


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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1         (1)  The department shall renew a license or

 2  certificate upon receipt of the renewal application and fee.

 3  An applicant for a renewed license must also submit the

 4  information required under s. 456.039 to the department on a

 5  form and under procedures specified by the department, along

 6  with payment in an amount equal to the costs incurred by the

 7  Department of Health for the statewide criminal background

 8  check of the applicant. After the statewide automated

 9  fingerprint identification system is implemented, the

10  applicant whose fingerprints are retained in that system must

11  pay the Department of Health an amount equal to the costs

12  incurred by the Department of Health for access to records in

13  the statewide automated fingerprint identification system in

14  lieu of payment of fees for a statewide criminal background

15  check of the applicant.  The applicant must submit a set of

16  fingerprints to the Department of Health on a form and under

17  procedures specified by the department, along with payment in

18  an amount equal to the costs incurred by the department for a

19  national criminal background check of the applicant for the

20  initial renewal of his or her license after January 1, 2000.

21  If the applicant fails to submit either the information

22  required under s. 456.039 or a set of fingerprints to the

23  department as required by this section, the department shall

24  issue a notice of noncompliance, and the applicant will be

25  given 30 additional days to comply. If the applicant fails to

26  comply within 30 days after the notice of noncompliance is

27  issued, the department or board, as appropriate, may issue a

28  citation to the applicant and may fine the applicant up to $50

29  for each day that the applicant is not in compliance with the

30  requirements of s. 456.039. The citation must clearly state

31  that the applicant may choose, in lieu of accepting the


                                  22

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  citation, to follow the procedure under s. 456.073. If the

 2  applicant disputes the matter in the citation, the procedures

 3  set forth in s. 456.073 must be followed. However, if the

 4  applicant does not dispute the matter in the citation with the

 5  department within 30 days after the citation is served, the

 6  citation becomes a final order and constitutes discipline.

 7  Service of a citation may be made by personal service or

 8  certified mail, restricted delivery, to the subject at the

 9  applicant's last known address. If an applicant has submitted

10  fingerprints to the department for a national criminal history

11  check upon initial licensure and is renewing his or her

12  license for the first time, then the applicant need only

13  submit the information and fee required for a statewide

14  criminal history check. However, if the applicant's

15  fingerprints are retained by the Department of Law Enforcement

16  in the statewide automated fingerprint identification system

17  and the Department of Health is using that system for access

18  to arrest information of licensed health practitioners, then

19  the applicant must submit the information and fee required by

20  s. 456.039 for access to records in the statewide automated

21  fingerprint identification system in lieu of payment of fees

22  for a criminal background check of the applicant.

23         Section 10.  Subsection (1) of section 460.407, Florida

24  Statutes, is amended to read:

25         460.407  Renewal of license.--

26         (1)  The department shall renew a license upon receipt

27  of the renewal application and the fee set by the board not to

28  exceed $500. An applicant for a renewed license must also

29  submit the information required under s. 456.039 to the

30  department on a form and under procedures specified by the

31  department, along with payment in an amount equal to the costs


                                  23

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  incurred by the Department of Health for the statewide

 2  criminal background check of the applicant. After the

 3  statewide automated fingerprint identification system is

 4  implemented, the applicant whose fingerprints are retained in

 5  that system must pay the Department of Health an amount equal

 6  to the costs incurred by the Department of Health for access

 7  to records in the statewide automated fingerprint

 8  identification system in lieu of payment of fees for a

 9  statewide criminal background check of the applicant. The

10  applicant must submit a set of fingerprints to the Department

11  of Health on a form and under procedures specified by the

12  department, along with payment in an amount equal to the costs

13  incurred by the department for a national criminal background

14  check of the applicant for the initial renewal of his or her

15  license after January 1, 2000. If the applicant fails to

16  submit either the information required under s. 456.039 or a

17  set of fingerprints to the department as required by this

18  section, the department shall issue a notice of noncompliance,

19  and the applicant will be given 30 additional days to comply.

20  If the applicant fails to comply within 30 days after the

21  notice of noncompliance is issued, the department or board, as

22  appropriate, may issue a citation to the applicant and may

23  fine the applicant up to $50 for each day that the applicant

24  is not in compliance with the requirements of s. 456.039. The

25  citation must clearly state that the applicant may choose, in

26  lieu of accepting the citation, to follow the procedure under

27  s. 456.073. If the applicant disputes the matter in the

28  citation, the procedures set forth in s. 456.073 must be

29  followed. However, if the applicant does not dispute the

30  matter in the citation with the department within 30 days

31  after the citation is served, the citation becomes a final


                                  24

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  order and constitutes discipline. Service of a citation may be

 2  made by personal service or certified mail, restricted

 3  delivery, to the subject at the applicant's last known

 4  address. If an applicant has submitted fingerprints to the

 5  department for a national criminal history check upon initial

 6  licensure and is renewing his or her license for the first

 7  time, then the applicant need only submit the information and

 8  fee required for a statewide criminal history check. However,

 9  if the applicant's fingerprints are retained by the Department

10  of Law Enforcement in the statewide automated fingerprint

11  identification system and the Department of Health is using

12  that system for access to arrest information of licensed

13  health practitioners, then the applicant must submit the

14  information and fee required by s. 456.039 for access to

15  records in the statewide automated fingerprint identification

16  system in lieu of payment of fees for a criminal background

17  check of the applicant.

18         Section 11.  Subsection (1) of section 461.007, Florida

19  Statutes, is amended to read:

20         461.007  Renewal of license.--

21         (1)  The department shall renew a license upon receipt

22  of the renewal application and a fee not to exceed $350 set by

23  the board, and evidence that the applicant has actively

24  practiced podiatric medicine or has been on the active

25  teaching faculty of an accredited school of podiatric medicine

26  for at least 2 years of the immediately preceding 4 years. If

27  the licensee has not actively practiced podiatric medicine for

28  at least 2 years of the immediately preceding 4 years, the

29  board shall require that the licensee successfully complete a

30  board-approved course prior to renewal of the license. For

31  purposes of this subsection, "actively practiced podiatric


                                  25

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 1  medicine" means the licensed practice of podiatric medicine as

 2  defined in s. 461.003(5) by podiatric physicians, including

 3  podiatric physicians employed by any governmental entity, on

 4  the active teaching faculty of an accredited school of

 5  podiatric medicine, or practicing administrative podiatric

 6  medicine. An applicant for a renewed license must also submit

 7  the information required under s. 456.039 to the department on

 8  a form and under procedures specified by the department, along

 9  with payment in an amount equal to the costs incurred by the

10  Department of Health for the statewide criminal background

11  check of the applicant. After the statewide automated

12  fingerprint identification system is implemented, the

13  applicant whose fingerprints are retained in that system must

14  pay the Department of Health an amount equal to the costs

15  incurred by the Department of Health for access to records in

16  the statewide automated fingerprint identification system in

17  lieu of payment of fees for a statewide criminal background

18  check of the applicant. The applicant must submit a set of

19  fingerprints to the Department of Health on a form and under

20  procedures specified by the department, along with payment in

21  an amount equal to the costs incurred by the department for a

22  national criminal background check of the applicant for the

23  initial renewal of his or her license after January 1, 2000.

24  If the applicant fails to submit either the information

25  required under s. 456.039 or a set of fingerprints to the

26  department as required by this section, the department shall

27  issue a notice of noncompliance, and the applicant will be

28  given 30 additional days to comply. If the applicant fails to

29  comply within 30 days after the notice of noncompliance is

30  issued, the department or board, as appropriate, may issue a

31  citation to the applicant and may fine the applicant up to $50


                                  26

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  for each day that the applicant is not in compliance with the

 2  requirements of s. 456.039. The citation must clearly state

 3  that the applicant may choose, in lieu of accepting the

 4  citation, to follow the procedure under s. 456.073. If the

 5  applicant disputes the matter in the citation, the procedures

 6  set forth in s. 456.073 must be followed. However, if the

 7  applicant does not dispute the matter in the citation with the

 8  department within 30 days after the citation is served, the

 9  citation becomes a final order and constitutes discipline.

10  Service of a citation may be made by personal service or

11  certified mail, restricted delivery, to the subject at the

12  applicant's last known address. If an applicant has submitted

13  fingerprints to the department for a national criminal history

14  check upon initial licensure and is renewing his or her

15  license for the first time, then the applicant need only

16  submit the information and fee required for a statewide

17  criminal history check. However, if the applicant's

18  fingerprints are retained by the Department of Law Enforcement

19  in the statewide automated fingerprint identification system

20  and the Department of Health is using that system for access

21  to arrest information of licensed health practitioners, then

22  the applicant must submit the information and fee required by

23  s. 456.039 for access to records in the statewide automated

24  fingerprint identification system in lieu of payment of fees

25  for a criminal background check of the applicant.

26         Section 12.  Subsection (4) of section 461.014, Florida

27  Statutes, is amended to read:

28         461.014  Residency.--The board shall encourage and

29  develop podiatric residency programs in hospitals in this

30  state and shall establish such programs by the promulgation of

31  rules, subject to the following conditions:


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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1         (4)  Every hospital having a residency program shall

 2  annually semiannually, on January 1 and July 1 of each year,

 3  provide the board with a list of podiatric residents and such

 4  other information as is required by the board.

 5         Section 13.  Subsection (7) of section 456.025, Florida

 6  Statutes, is amended to read:

 7         456.025  Fees; receipts; disposition.--

 8         (7)  Each board, or the department if there is no

 9  board, shall establish, by rule, a fee not to exceed $250 for

10  anyone seeking approval to provide continuing education

11  courses or programs and shall establish by rule a biennial

12  renewal fee not to exceed $250 for the renewal of providership

13  of such courses. The fees collected from continuing education

14  providers shall be used for the purposes of reviewing course

15  provider applications, monitoring the integrity of the courses

16  provided, and covering legal expenses incurred as a result of

17  not granting or renewing a providership, and developing and

18  maintaining an electronic continuing education tracking

19  system. The department shall implement an electronic

20  continuing education tracking system for each new biennial

21  renewal cycle for which electronic renewals are implemented

22  after the effective date of this act and shall integrate such

23  system into the licensure and renewal system. All approved

24  continuing education providers shall provide information on

25  course attendance to the department necessary to implement the

26  electronic tracking system. The department shall, by rule,

27  specify the form and procedures by which the information is to

28  be submitted.

29         Section 14.  Section 456.0251, Florida Statutes, is

30  created to read:

31         456.0251  Continuing education.--


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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1         (1)  Unless otherwise provided in a profession's

 2  practice act, each board, or the department if there is no

 3  board, shall establish by rule procedures for approval of

 4  continuing education courses for renewal of licenses. Except

 5  for those continuing education courses whose subjects are

 6  prescribed by law, each board, or the department if there is

 7  no board, may limit by rule the subject matter for approved

 8  continuing education courses to courses addressing the scope

 9  of practice of each respective health care profession.

10         (2)  Licensees who have not completed all of the

11  continuing education credits required for licensure during a

12  biennium may obtain an extension of 3 months from the date

13  after the end of the license renewal biennium within which to

14  complete the requisite hours for license renewal. Each board,

15  or the department if there is no board, shall establish by

16  rule procedures for requesting a 3-month extension and whether

17  proof of completion of some approved hours of continuing

18  education are required to be submitted with the request for

19  extension as a prerequisite for granting the request.

20         (3)  Failure to complete the requisite number of hours

21  of continuing education hours within a license renewal

22  biennium or within a 3-month period from the date after the

23  end of the license renewal biennium, if requested, shall be

24  grounds for issuance of a citation and a fine, plus a

25  requirement that at least the deficit hours are completed

26  within a time established by rule of each board, or the

27  department if there is no board. Each board, or the department

28  if there is no board, shall establish by rule a fine for each

29  continuing education hour which was not completed within the

30  license renewal biennium or the 3-month period following the

31  last day of the biennium if so requested, not to exceed $500


                                  29

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  per each hour not completed. The issuance of the citation and

 2  fine shall not be considered discipline. A citation and a fine

 3  issued under this subsection may only be issued to a licensee

 4  a maximum of two times for two separate failures to complete

 5  the requisite number of hours for license renewal.

 6         (4)  The department shall report to each board no later

 7  than 3 months following the last day of the license renewal

 8  biennium the percentage of licensees regulated by that board

 9  who have not timely complied with the continuing education

10  requirements during the previous license renewal biennium for

11  which auditing of licensees regulated by that board are

12  completed. Each board shall direct the department the

13  percentage of licensees regulated by that board that are to be

14  audited during the next license renewal biennium. In addition

15  to the percentage of licensees audited as directed by the

16  boards, the department shall audit those licensees found to be

17  deficient during any of the two license renewal bienniums.

18         Section 15.  Paragraph (ff) is added to subsection (1)

19  of section 456.072, Florida Statutes, to read:

20         456.072  Grounds for discipline; penalties;

21  enforcement.--

22         (1)  The following acts shall constitute grounds for

23  which the disciplinary actions specified in subsection (2) may

24  be taken:

25         (ff)  Failure for a third or more times to complete the

26  requisite number of hours of continuing education hours within

27  a license renewal biennium period or within a 3-month period

28  from the date after the end of the license renewal biennium,

29  if the extension was requested.

30         Section 16.  The sum of $181,900 is appropriated from

31  the Medical Quality Assurance Trust Fund to the Department of


                                  30

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    CS for CS for SB 1154 & CS for SB 1462         First Engrossed



 1  Health for the purpose of implementing the provisions of

 2  sections 3 through 11 of this act during the 2004-2005 fiscal

 3  year.

 4         Section 17.  This act shall take effect July 1, 2004.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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