Senate Bill sb1666e1

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    SB 1666                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to continuing education for

  3         health care practitioners; amending s. 456.025,

  4         F.S.; deleting requirements for the Department

  5         of Health to administer an electronic

  6         continuing education tracking system for health

  7         care practitioners; creating s. 456.0251, F.S.;

  8         providing for enforcement of continuing

  9         education requirements required for license

10         renewal; authorizing citations and fines to be

11         imposed for failure to comply with required

12         continuing education requirements; amending s.

13         456.072, F.S.; providing for discipline of

14         licensees who fail to meet continuing education

15         requirements as a prerequisite for license

16         renewal three or more times; providing an

17         effective date.

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

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21         Section 1.  Subsection (7) of section 456.025, Florida

22  Statutes, is amended to read:

23         456.025  Fees; receipts; disposition.--

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

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

26  anyone seeking approval to provide continuing education

27  courses or programs and shall establish by rule a biennial

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

29  of such courses. The fees collected from continuing education

30  providers shall be used for the purposes of reviewing course

31  provider applications, monitoring the integrity of the courses


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    SB 1666                                        First Engrossed



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

 2  not granting or renewing a providership, and developing and

 3  maintaining an electronic continuing education tracking

 4  system. The department shall implement an electronic

 5  continuing education tracking system for each new biennial

 6  renewal cycle for which electronic renewals are implemented

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

 8  system into the licensure and renewal system. All approved

 9  continuing education providers shall provide information on

10  course attendance to the department necessary to implement the

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

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

13  be submitted.

14         Section 2.  Section 456.0251, Florida Statutes, is

15  created to read:

16         456.0251  Continuing education.--

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

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

19  board, shall establish by rule procedures for approval of

20  continuing education courses for renewal of licenses. Except

21  for those continuing education courses whose subjects are

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

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

24  continuing education courses to courses addressing the scope

25  of practice of each respective health care profession.

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

27  continuing education credits required for licensure during a

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

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

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

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


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    SB 1666                                        First Engrossed



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

 2  proof of completion of some approved hours of continuing

 3  education are required to be submitted with the request for

 4  extension as a prerequisite for granting the request.

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

 6  of continuing education hours within a license renewal

 7  biennium or within a 3 month period from the date after the

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

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

10  requirement that at least the deficit hours are completed

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

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

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

14  continuing education hour which was not completed within the

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

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

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

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

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

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

21  the requisite number of hours for license renewal.

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

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

24  biennium the percentage of licensees regulated by that board

25  who have not timely complied with the continuing education

26  requirements during the previous license renewal biennium for

27  which auditing of licensees regulated by that board are

28  completed. Each board shall direct the department the

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

30  audited during the next license renewal biennium. In addition

31  to the percentage of licensees audited as directed by the


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    SB 1666                                        First Engrossed



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

 2  deficient during any of the two license renewal bienniums.

 3         Section 3.  Paragraph (ff) is added to subsection (1)

 4  of section 456.072, Florida Statutes, to read:

 5         456.072  Grounds for discipline; penalties;

 6  enforcement.--

 7         (1)  The following acts shall constitute grounds for

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

 9  be taken:

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

11  requisite number of hours of continuing education hours within

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

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

14  if the extension was requested.

15         Section 4.  This act shall take effect upon becoming a

16  law.

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