HB 1921

1	A bill to be entitled
2	An act relating to health professions regulation; amending
3	ss. 381.00593, 395.0193, 395.7015, 440.13, 456.039,
4	458.303, 458.3124, 458.319, 458.320, 458.345, 464.0205,
5	465.0075, 465.0251, and 766.314, F.S.; correcting,
6	conforming, or removing references; amending ss. 395.0197,
7	400.147, and 400.423, F.S.; requiring copies of adverse
8	incident reports to be forwarded to the Division of
9	Medical Quality Assurance of the Department of Health;
10	providing for costs of copying such records; amending s.
11	395.3025, F.S.; clarifying access to patient records for
12	patient treatment and professional disciplinary purposes;
13	providing access for research purposes; providing for
14	costs of copying records; revising the use of patient
15	information for marketing purposes; amending s. 397.311,
16	F.S.; providing that advanced registered nurse
17	practitioners are qualified professionals; amending s.
18	400.141, F.S.; requiring copies of records relating to
19	nursing home residents to be provided to the department
20	upon subpoena; amending s. 400.145, F.S.; requiring
21	certification of copies of resident care and treatment
22	records requested pursuant to subpoena or patient release;
23	amending s. 400.211, F.S.; reducing inservice training
24	hours for nursing assistants; creating s. 400.455, F.S.;
25	requiring a certified copy of subpoenaed records of
26	assisted living facilities under certain circumstances;
27	amending s. 456.005, F.S.; providing for licensee input to
28	long-range plans for regulation of health professions;
29	amending s. 456.011, F.S.; providing procedures to resolve
30	differences in interpretation of practice acts by
31	different boards; amending s. 456.012, F.S.; protecting
32	board declaratory statements from challenge by another
33	board; amending s. 456.013, F.S.; requiring temporary
34	licenses to be issued according to rules; removing certain
35	requirements for content of continuing education; amending
36	s. 456.017, F.S.; providing for electronic posting of
37	examination scores; creating s. 456.020, F.S.; providing
38	for content of continuing education to include domestic
39	violence, HIV/AIDS, and prevention of medical errors;
40	providing requirements for completion of continuing
41	education courses; amending s. 456.025, F.S.; conforming a
42	cross reference; requiring management reports on revenue
43	and expenditures if needed; amending s. 456.031, F.S.;
44	requiring continuing education on domestic violence to be
45	skills based; amending ss. 456.036 and 456.037, F.S.;
46	providing for rule to require display of license; amending
47	s. 456.057, F.S.; providing for costs of copying records;
48	amending s. 456.063, F.S.; providing rulemaking authority
49	for reporting allegations of sexual misconduct; amending
50	s. 456.072, F.S.; clarifying grounds for discipline for
51	performing or attempting to perform health care services
52	on the wrong patient or that are otherwise wrong or
53	unnecessary or leaving a foreign body in the patient;
54	providing for discipline for prescribing, administering,
55	dispensing, or distributing certain medications without a
56	valid professional relationship; providing for additional
57	costs to be assessed as part of any penalty or other form
58	of discipline; amending s. 456.073, F.S.; correcting a
59	cross reference; extending the time to make a certain
60	request; amending s. 457.105, F.S.; providing
61	prerequisites for training requirements for licensure to
62	practice acupuncture; providing time period for review of
63	application for licensure; amending s. 457.109, F.S.;
64	providing for a plea of nolo contendere to certain
65	offenses relating to the practice of acupuncture as
66	grounds for discipline; amending ss. 458.311 and 458.315,
67	F.S.; consolidating and revising provisions relating to
68	requirements for licensure of physicians; amending ss.
69	458.331, 459.015, 460.413, and 461.013, F.S.; reducing the
70	time period for certain physicians to respond to
71	information contained in a complaint; amending ss. 458.347
72	and 468.711, F.S.; deleting obsolete provisions for
73	licensure; amending s. 459.008, F.S.; providing for rules
74	regarding continuing education for osteopathic physicians;
75	deleting a cross reference; amending s. 459.021, F.S.;
76	providing limit on fees for renewal of registration of
77	resident physicians, interns, and fellows; revising
78	elements of a crime relating to employment and reporting
79	of such persons; amending ss. 460.406, 463.006, 467.009,
80	468.1155, 468.509, 486.031, 490.005, 817.567, and
81	1009.992, F.S.; revising the name of an accrediting
82	agency; amending s. 464.201, F.S.; defining the scope of
83	practice of certified nursing assistants; amending s.
84	464.202, F.S.; providing for rules to establish scope of
85	practice and level of supervision for certified nursing
86	assistants; amending s. 464.203, F.S.; clarifying
87	requirements for criminal history checks of certified
88	nursing assistants; reducing the hours of inservice
89	training required each year; providing for biennial
90	renewal of certification, including fees; amending s.
91	464.204, F.S.; revising a ground for disciplinary action
92	for specificity and removal of the requirement of
93	intentionality; amending s. 465.018, F.S.; providing
94	additional requirements for a community pharmacy permit;
95	prohibiting issuance of permits to persons with a related
96	criminal conviction; providing grounds for suspension,
97	revocation, or denial of a permit; requiring background
98	checks, including fingerprints; limiting number of persons
99	fingerprinted for large corporations; amending s. 465.025,
100	F.S.; removing requirement for each community pharmacy to
101	have a generic drug substitution formulary; providing
102	requirements for electronic prescriptions for brand name
103	drugs; amending s. 465.0255, F.S.; revising requirements
104	for expiration dates of medicinal drugs; amending s.
105	465.0265, F.S.; prohibiting certain pharmacies from
106	filling prescriptions directly to a patient or provider;
107	amending s. 466.007, F.S.; requiring 4 years of
108	postsecondary dental education to qualify to take the
109	examinations to practice dental hygiene; amending s.
110	466.0135, F.S.; allowing for course in practice
111	management; amending s. 466.021, F.S.; increasing the time
112	that records of work orders for unlicensed persons must be
113	retained; amending s. 467.013, F.S.; providing for
114	inactive licensure status for midwives pursuant to rule;
115	deleting certain provisions to conform; amending s.
116	467.0135, F.S.; revising midwifery licensure status and
117	fees; amending s. 467.017, F.S.; requiring a midwife's
118	emergency care plan to be available to the department upon
119	request; amending s. 468.352, F.S.; revising and providing
120	definitions applicable to the regulation of respiratory
121	therapy; amending s. 468.355, F.S.; revising provisions
122	relating to respiratory therapy licensure and testing
123	requirements; amending s. 468.368, F.S.; revising
124	exemptions from respiratory therapy licensure
125	requirements; amending s. 468.707, F.S.; revising name of
126	accrediting agency; deleting a provision relating to a
127	continuing education course on HIV/AIDS for initial
128	licensure as an athletic trainer; amending s. 468.711,
129	F.S.; deleting certain course requirements; amending s.
130	468.717, F.S.; revising requirements for athletic
131	trainers; amending s. 468.723, F.S.; eliminating teacher
132	trainer exemption; amending s. 480.033, F.S.; amending
133	definitions relations to massage therapy; amending s.
134	480.034, F.S.; exempting certain massage therapists from
135	premises licensure; amending s. 480.041, F.S.; revising
136	requirements for licensure of massage therapists; removing
137	provisions relating to apprentices; amending s. 480.043,
138	F.S.; providing additional requirements for licensure as a
139	massage establishment; prohibiting issuance of massage
140	establishment licenses to persons with criminal
141	conviction; requiring background checks; prohibiting
142	license transfer, with exceptions; amending ss. 480.044
143	and 486.021, F.S., to conform; amending s. 480.046, F.S.;
144	providing conditions for suspension or revocation of a
145	massage establishment license; amending s. 486.051, F.S.;
146	reducing opportunities to retake the physical therapist
147	licensure examination; amending s. 486.081, F.S.; revising
148	provisions for physical therapist licensure by endorsement
149	and reactivating such a license; amending s. 486.102,
150	F.S.; revising licensing requirements for physical
151	therapist assistants; revising name of accrediting agency;
152	amending s. 486.104, F.S.; reducing opportunities to
153	retake physical therapist assistant licensure examination;
154	amending s. 486.107, F.S.; revising provisions for
155	physical therapist assistant licensure by endorsement and
156	reactivating such a license; amending s. 486.109, F.S.;
157	revising continuing education requirements; amending s.
158	486.161, F.S.; exempting out-of-state licensed physical
159	therapists from Florida licensure when in the state
160	temporarily serving athletes; amending s. 491.005, F.S.;
161	revising names of accrediting agencies; requiring direct
162	supervision of clinical experience for licensure;
163	requiring completion of clinical experience prior to
164	written examination; permitting teaching of a certain
165	course to count for successful completion; amending s.
166	491.006, F.S.; providing for substitution of certain
167	experience for required course; amending s. 491.009, F.S.;
168	providing for discipline of certified master social
169	workers by the department; amending s. 491.0145, F.S.;
170	prohibiting the licensure of a certified master social
171	worker if not licensed before a certain date; creating s.
172	491.0146, F.S.; providing a saving clause for certified
173	master social workers licensed from a certain date;
174	amending s. 491.0147, F.S.; providing protection for
175	disclosure; amending s. 817.505, F.S.; adding certain
176	entities licensed by the department to those prohibited
177	from patient brokering; amending s. 1012.46, F.S.;
178	eliminating provisions for teacher athletic trainers;
179	allowing for certain relicensure; repealing ss. 456.033,
180	456.034, 458.313, 458.3147, 458.316, 458.3165, and
181	458.317, F.S., relating to requirements for instruction on
182	HIV/AIDS, licensure by endorsement, temporary certificate
183	for visiting physicians, public health certificates,
184	public psychiatry certificates, and limited licenses,
185	respectively; repealing s. 468.356, F.S., relating to the
186	approval of educational programs; repealing s. 468.357,
187	F.S., relating to licensure by examination; providing
188	effective dates.
189
190	Be It Enacted by the Legislature of the State of Florida:
191
192	Section 1.  Paragraph (a) of subsection (4) of section
193	381.00593, Florida Statutes, is amended to read:
194	381.00593  Public school volunteer health care practitioner
195	program.--
196	(4)(a)  Notwithstanding any provision of chapter 458,
197	chapter 459, chapter 460, chapter 461, chapter 463, part I of
198	chapter 464, chapter 465, chapter 466, chapter 467, part I of
199	chapter 468, or chapter 486 to the contrary, any health care
200	practitioner who participates in the program established in this
201	section and thereby agrees to provide his or her services,
202	without compensation, in a public school for at least 80 hours a
203	year for each school year during the biennial licensure period,
204	or, if the health care practitioner is retired, for at least 400
205	hours a year for each school year during the licensure period,
206	upon providing sufficient proof from the applicable school
207	district that the health care practitioner has completed such
208	hours at the time of license renewal under procedures specified
209	by the Department of Health, shall be eligible for the
210	following:
211	1.  Waiver of the biennial license renewal fee for an
212	active license; and
213	2.  Fulfillment of a maximum of 25 percent of the
214	continuing education hours required for license renewal,
215	pursuant to s. 456.013(7)(9).
216
217	The school district may establish a schedule for health care
218	practitioners who participate in the program.
219	Section 2.  Subsection (4) of section 395.0193, Florida
220	Statutes, is amended to read:
221	395.0193  Licensed facilities; peer review; disciplinary
222	powers; agency or partnership with physicians.--
223	(4)  Pursuant to ss. 458.337 and 459.016, any disciplinary
224	actions taken under subsection (3) shall be reported in writing
225	to the Division of Medical Health Quality Assurance of the
226	Department of Health agency within 30 working days after its
227	initial occurrence, regardless of the pendency of appeals to the
228	governing board of the hospital. The notification shall identify
229	the disciplined practitioner, the action taken, and the reason
230	for such action. All final disciplinary actions taken under
231	subsection (3), if different from those which were reported to
232	the agency within 30 days after the initial occurrence, shall be
233	reported within 10 working days to the Division of Medical
234	Health Quality Assurance of the department agency in writing and
235	shall specify the disciplinary action taken and the specific
236	grounds therefor. The division shall review each report and
237	determine whether it potentially involved conduct by the
238	licensee that is subject to disciplinary action, in which case
239	s. 456.073 shall apply. The reports are not subject to
240	inspection under s. 119.07(1) even if the division's
241	investigation results in a finding of probable cause.
242	Section 3.  Subsection (7) of section 395.0197, Florida
243	Statutes, is amended to read:
244	395.0197  Internal risk management program.--
245	(7)  Any of the following adverse incidents, whether
246	occurring in the licensed facility or arising from health care
247	prior to admission in the licensed facility, shall be reported
248	by the facility to the agency within 15 calendar days after its
249	occurrence:
250	(a)  The death of a patient;
251	(b)  Brain or spinal damage to a patient;
252	(c)  The performance of a surgical procedure on the wrong
253	patient;
254	(d)  The performance of a wrong-site surgical procedure;
255	(e)  The performance of a wrong surgical procedure;
256	(f)  The performance of a surgical procedure that is
257	medically unnecessary or otherwise unrelated to the patient's
258	diagnosis or medical condition;
259	(g)  The surgical repair of damage resulting to a patient
260	from a planned surgical procedure, where the damage is not a
261	recognized specific risk, as disclosed to the patient and
262	documented through the informed-consent process; or
263	(h)  The performance of procedures to remove unplanned
264	foreign objects remaining from a surgical procedure.
265
266	The agency may grant extensions to this reporting requirement
267	for more than 15 days upon justification submitted in writing by
268	the facility administrator to the agency. The agency may require
269	an additional, final report. These reports shall not be
270	available to the public pursuant to s. 119.07(1) or any other
271	law providing access to public records, nor be discoverable or
272	admissible in any civil or administrative action, except in
273	disciplinary proceedings by the agency or the appropriate
274	regulatory board, nor shall they be available to the public as
275	part of the record of investigation for and prosecution in
276	disciplinary proceedings made available to the public by the
277	agency or the appropriate regulatory board. However, the agency
278	or the appropriate regulatory board shall make available, upon
279	written request by a health care professional against whom
280	probable cause has been found, any such records which form the
281	basis of the determination of probable cause. The agency may
282	investigate, as it deems appropriate, any such incident and
283	prescribe measures that must or may be taken in response to the
284	incident. The agency shall forward a copy of a report of review
285	each incident to the Division of Medical Quality Assurance of
286	the Department of Health to and determine whether it potentially
287	involved conduct by the health care professional who is subject
288	to disciplinary action, in which case the provisions of s.
289	456.073 shall apply.
290	Section 4.  Paragraphs (a) and (e) of subsection (4) and
291	paragraph (b) of subsection (7) of section 395.3025, Florida
292	Statutes, are amended, and paragraph (l) is added to subsection
293	(4) of said section, to read:
294	395.3025  Patient and personnel records; copies;
295	examination.--
296	(4)  Patient records are confidential and must not be
297	disclosed without the consent of the person to whom they
298	pertain, but appropriate disclosure may be made without such
299	consent to:
300	(a)  Licensed Facility personnel and all other licensed
301	health care practitioners attending physicians for use in
302	connection with the treatment of the patient.
303	(e)  The Department of Health agency upon subpoena issued
304	pursuant to s. 456.071, but the records obtained thereby must be
305	used solely for the purpose of the department agency and the
306	appropriate professional board in its investigation,
307	prosecution, and appeal of disciplinary proceedings. The
308	administrator or records custodian in a facility licensed under
309	this chapter shall certify that a true and complete copy of the
310	records requested pursuant to a subpoena or patient release has
311	been provided to the department or shall otherwise identify
312	those documents that have not been provided. If the department
313	agency requests copies of the records, the facility may charge
314	the department the reasonable costs of reproducing the records
315	shall charge no more than its actual copying costs, including
316	reasonable staff time. The records must be sealed and must not
317	be available to the public pursuant to s. 119.07(1) or any other
318	statute providing access to records, nor may they be available
319	to the public as part of the record of investigation for and
320	prosecution in disciplinary proceedings made available to the
321	public by the department agency or the appropriate regulatory
322	board. However, the department agency must make available, upon
323	written request by a practitioner against whom probable cause
324	has been found, any such records that form the basis of the
325	determination of probable cause.
326	1.  The reasonable cost charged for reproducing copies of
327	written or typed documents or reports shall not exceed:
328	a.  For the first 25 pages, $1 per page.
329	b.  For each page in excess of 25 pages, 25 cents.
330	2.  The reasonable cost charged for reproducing x-rays and
331	such other special kinds of records shall not exceed the actual
332	cost. "Actual costs" means the cost of the material and supplies
333	used to duplicate the record, as well as the labor costs
334	associated with such duplication.
335	(l)  Researchers or facility personnel for research
336	purposes, provided that such researchers or facility personnel
337	demonstrate compliance with the requirements of 45 C.F.R. s.
338	164.512(i).
339	(7)
340	(b)  Absent a specific written release or authorization
341	permitting utilization of patient information for solicitation
342	or marketing the sale of goods or services, any use of such that
343	information for such purpose those purposes is prohibited. For
344	purposes of this paragraph, "marketing" has the same meaning as
345	set forth in 45 C.F.R. s. 164.501.
346	Section 5.  Paragraph (b) of subsection (2) of section
347	395.7015, Florida Statutes, is amended to read:
348	395.7015  Annual assessment on health care entities.--
349	(2)  There is imposed an annual assessment against certain
350	health care entities as described in this section:
351	(b)  For the purpose of this section, "health care
352	entities" include the following:
353	1.  Ambulatory surgical centers and mobile surgical
354	facilities licensed under s. 395.003. This subsection shall only
355	apply to mobile surgical facilities operating under contracts
356	entered into on or after July 1, 1998.
357	2.  Clinical laboratories licensed under s. 483.091,
358	excluding any hospital laboratory defined under s. 483.041(6),
359	any clinical laboratory operated by the state or a political
360	subdivision of the state, any clinical laboratory which
361	qualifies as an exempt organization under s. 501(c)(3) of the
362	Internal Revenue Code of 1986, as amended, and which receives 70
363	percent or more of its gross revenues from services to charity
364	patients or Medicaid patients, and any blood, plasma, or tissue
365	bank procuring, storing, or distributing blood, plasma, or
366	tissue either for future manufacture or research or distributed
367	on a nonprofit basis, and further excluding any clinical
368	laboratory which is wholly owned and operated by 6 or fewer
369	physicians who are licensed pursuant to chapter 458 or chapter
370	459 and who practice in the same group practice, and at which no
371	clinical laboratory work is performed for patients referred by
372	any health care provider who is not a member of the same group.
373	3.  Diagnostic-imaging centers that are freestanding
374	outpatient facilities that provide specialized services for the
375	identification or determination of a disease through examination
376	and also provide sophisticated radiological services, and in
377	which services are rendered by a physician licensed by the Board
378	of Medicine under s. 458.311 or s. 458.315, s. 458.313, or s.
379	458.317, or by an osteopathic physician licensed by the Board of
380	Osteopathic Medicine under s. 459.006, s. 459.007, or s.
381	459.0075. For purposes of this paragraph, "sophisticated
382	radiological services" means the following: magnetic resonance
383	imaging; nuclear medicine; angiography; arteriography; computed
384	tomography; positron emission tomography; digital vascular
385	imaging; bronchography; lymphangiography; splenography;
386	ultrasound, excluding ultrasound providers that are part of a
387	private physician's office practice or when ultrasound is
388	provided by two or more physicians licensed under chapter 458 or
389	chapter 459 who are members of the same professional association
390	and who practice in the same medical specialties; and such other
391	sophisticated radiological services, excluding mammography, as
392	adopted in rule by the board.
393	Section 6.  Subsection (24) of section 397.311, Florida
394	Statutes, is amended to read:
395	397.311  Definitions.--As used in this chapter, except part
396	VIII:
397	(24)  "Qualified professional" means a physician licensed
398	under chapter 458 or chapter 459; a professional licensed under
399	chapter 490 or chapter 491; an advanced registered nurse
400	practitioner licensed under part I of chapter 464; or a person
401	who is certified through a department-recognized certification
402	process for substance abuse treatment services and who holds, at
403	a minimum, a bachelor's degree. A person who is certified in
404	substance abuse treatment services by a state-recognized
405	certification process in another state at the time of employment
406	with a licensed substance abuse provider in this state may
407	perform the functions of a qualified professional as defined in
408	this chapter but must meet certification requirements contained
409	in this subsection no later than 1 year after his or her date of
410	employment.
411	Section 7.  Subsection (10) of section 400.141, Florida
412	Statutes, is amended to read:
413	400.141  Administration and management of nursing home
414	facilities.--Every licensed facility shall comply with all
415	applicable standards and rules of the agency and shall:
416	(10)  Keep full records of resident admissions and
417	discharges; medical and general health status, including medical
418	records, personal and social history, and identity and address
419	of next of kin or other persons who may have responsibility for
420	the affairs of the residents; and individual resident care plans
421	including, but not limited to, prescribed services, service
422	frequency and duration, and service goals. The records shall be
423	open to inspection by the agency. A certified true and complete
424	copy of the records shall be provided to the Department of
425	Health upon subpoena issued pursuant to s. 456.057 or s.
426	456.071.
427
428	Facilities that have been awarded a Gold Seal under the program
429	established in s. 400.235 may develop a plan to provide
430	certified nursing assistant training as prescribed by federal
431	regulations and state rules and may apply to the agency for
432	approval of their program.
433	Section 8.  Subsection (3) is added to section 400.145,
434	Florida Statutes, to read:
435	400.145  Records of care and treatment of resident; copies
436	to be furnished.--
437	(3)  The administrator or records custodian in a facility
438	licensed under this chapter shall certify that a true and
439	complete copy of the records requested pursuant to a subpoena or
440	patient release has been provided to the department or shall
441	identify those documents for which a copy has not been provided.
442	Section 9.  Subsection (7) and paragraph (b) of subsection
443	(8) of section 400.147, Florida Statutes, are amended to read:
444	400.147  Internal risk management and quality assurance
445	program.--
446	(7)  The facility shall initiate an investigation and shall
447	notify the agency within 1 business day after the risk manager
448	or his or her designee has received a report pursuant to
449	paragraph (1)(d). The notification must be made in writing and
450	be provided electronically, by facsimile device or overnight
451	mail delivery. The notification must include information
452	regarding the identity of the affected resident, the type of
453	adverse incident, the initiation of an investigation by the
454	facility, and whether the events causing or resulting in the
455	adverse incident represent a potential risk to any other
456	resident. The notification is confidential as provided by law
457	and is not discoverable or admissible in any civil or
458	administrative action, except in disciplinary proceedings by the
459	Department of Health agency or the appropriate regulatory board.
460	The department agency may investigate, as it deems appropriate,
461	any such incident and prescribe measures that must or may be
462	taken in response to the incident. The agency shall review each
463	incident and determine whether it potentially involved conduct
464	by the health care professional who is subject to disciplinary
465	action, in which case the provisions of s. 456.073 shall apply.
466	(8)
467	(b)  A copy of the report submitted The information
468	reported to the agency pursuant to paragraph (a) which relates
469	to health care practitioners as defined in s. 456.001 shall be
470	forwarded to the Division of Medical Quality Assurance of the
471	Department of Health for review persons licensed under chapter
472	458, chapter 459, chapter 461, or chapter 466 shall be reviewed
473	by the agency. The division agency shall determine whether any
474	of the incidents potentially involved conduct by a health care
475	professional who is subject to disciplinary action, in which
476	case the provisions of s. 456.073 shall apply.
477	Section 10.  Paragraph (a) of subsection (4) of section
478	400.211, Florida Statutes, is amended to read:
479	400.211  Persons employed as nursing assistants;
480	certification requirement.--
481	(4)  When employed by a nursing home facility for a 12-
482	month period or longer, a nursing assistant, to maintain
483	certification, shall submit to a performance review every 12
484	months and must receive regular inservice education based on the
485	outcome of such reviews. The inservice training must:
486	(a)  Be sufficient to ensure the continuing competence of
487	nursing assistants, must be at least 12 18 hours per year, and
488	may include hours accrued under s. 464.203(7)(8);
489
490	Costs associated with this training may not be reimbursed from
491	additional Medicaid funding through interim rate adjustments.
492	Section 11.  Subsection (7) of section 400.423, Florida
493	Statutes, is amended to read:
494	400.423  Internal risk management and quality assurance
495	program; adverse incidents and reporting requirements.--
496	(7)  A copy of the report submitted The information
497	reported to the agency pursuant to subsection (3) which relates
498	to health care practitioners as defined in s. 456.001 persons
499	licensed under chapter 458, chapter 459, chapter 461, chapter
500	464, or chapter 465 shall be forwarded to reviewed by the
501	Division of Medical Quality Assurance of the Department of
502	Health for review agency. The agency shall determine whether any
503	of the incidents potentially involved conduct by a health care
504	professional who is subject to disciplinary action, in which
505	case the provisions of s. 456.073 apply. The agency may
506	investigate, as it deems appropriate, any such incident and
507	prescribe measures that must or may be taken in response to the
508	incident. The division agency shall review each incident and
509	determine whether it potentially involved conduct by a health
510	care professional who is subject to disciplinary action, in
511	which case the provisions of s. 456.073 apply.
512	Section 12.  Section 400.455, Florida Statutes, is created
513	to read:
514	400.455  Certified copy of subpoenaed records.--Upon a
515	subpoena being issued by the Department of Health pursuant to s.
516	456.057 or s. 456.071, a certified true and complete copy of the
517	requested records shall be provided.
518	Section 13.  Paragraph (m) of subsection (1) of section
519	440.13, Florida Statutes, is amended to read:
520	440.13  Medical services and supplies; penalty for
521	violations; limitations.--
522	(1)  DEFINITIONS.--As used in this section, the term:
523	(m)  "Medicine" means a drug prescribed by an authorized
524	health care provider and includes only generic drugs or single-
525	source patented drugs for which there is no generic equivalent,
526	unless the authorized health care provider writes or states that
527	the brand-name drug as defined in s. 465.025 is medically
528	necessary, or is a drug appearing on the schedule of drugs
529	created pursuant to s. 465.025(5)(6), or is available at a cost
530	lower than its generic equivalent.
531	Section 14.  Section 456.005, Florida Statutes, is amended
532	to read:
533	456.005  Long-range policy planning; plans, reports, and
534	recommendations.--To facilitate efficient and cost-effective
535	regulation, the department and the board, where appropriate,
536	shall develop and implement a long-range policy planning and
537	monitoring process to include recommendations specific to each
538	profession. Such process shall include estimates of revenues,
539	expenditures, cash balances, and performance statistics for each
540	profession. The period covered shall not be less than 5 years.
541	The department, with input from the boards and licensees, shall
542	develop the long-range plan and must obtain the approval of the
543	secretary. The department shall monitor compliance with the
544	approved long-range plan and, with input from the boards, shall
545	annually update the plans for approval by the secretary. The
546	department shall provide concise management reports to the
547	boards quarterly. As part of the review process, the department
548	shall evaluate:
549	(1)  Whether the department, including the boards and the
550	various functions performed by the department, is operating
551	efficiently and effectively and if there is a need for a board
552	or council to assist in cost-effective regulation.
553	(2)  How and why the various professions are regulated.
554	(3)  Whether there is a need to continue regulation, and to
555	what degree.
556	(4)  Whether or not consumer protection is adequate, and
557	how it can be improved.
558	(5)  Whether there is consistency between the various
559	practice acts.
560	(6)  Whether unlicensed activity is adequately enforced.
561
562	Such plans should include conclusions and recommendations on
563	these and other issues as appropriate. Such plans shall be
564	provided to the Governor and the Legislature by November 1 of
565	each year.
566	Section 15.  Subsection (5) of section 456.011, Florida
567	Statutes, is amended to read:
568	456.011  Boards; organization; meetings; compensation and
569	travel expenses.--
570	(5)  Notwithstanding the provisions of chapter 120, when
571	two or more boards have identified a conflict in the
572	interpretation or application of their respective practice acts
573	differences between them, the following administrative remedies
574	shall be employed:
575	(a)  One board boards may elect to, or the secretary shall
576	may request that the boards, establish a special committee to
577	resolve the conflict settle those differences. The special
578	committee shall consist of two three members designated by each
579	board, who may be members of the designating board or other
580	experts designated by the board, and of three one additional
581	persons appointed by the secretary who are not members of either
582	profession and who do not have an interest in either profession
583	person designated and agreed to by the members of the special
584	committee. In the event the special committee cannot agree on
585	the additional designee, upon request of the special committee,
586	the secretary may select the designee. The committee shall, by
587	majority vote, make such recommendations as the committee deems
588	necessary, including, but not limited to, rules recommend rules
589	necessary to resolve the differences.
590	(b)  Matters that cannot be resolved through the special
591	committee may be resolved by the department or agent of the
592	department through informal mediation. If the committee reaches
593	a resolution of their differences during mediation, the mediator
594	shall notify the department of the terms of the resolution. The
595	committee shall be provided the opportunity to record with the
596	department an acknowledgment of satisfaction of the terms of
597	mediation within 60 days after such notification. A mediated
598	settlement shall be binding on the two applicable boards as a
599	decision of the special committee.
600	(c)  In the event the boards cannot resolve their conflict
601	through the means established in paragraphs (a) and (b), the
602	secretary shall have the authority to resolve the differences
603	through rulemaking or, in the case of a declaratory statement,
604	the boards shall have standing to petition the department to
605	issue an order If a rule adopted pursuant to this provision is
606	challenged, the participating boards shall share the costs
607	associated with defending the rule or rules. The department
608	shall provide legal representation for any special committee
609	established pursuant to this section.
610	Section 16.  Subsection (3) of section 456.012, Florida
611	Statutes, is amended to read:
612	456.012  Board rules; final agency action; challenges.--
613	(3)  No board created within the department shall have
614	standing to challenge a rule, or proposed rule, or declaratory
615	statement of another board. However, if there is a dispute
616	between boards concerning a rule, or proposed rule, or
617	declaratory statement, the boards may avail themselves of the
618	provisions of s. 456.011(5).
619	Section 17.  Section 456.013, Florida Statutes, is amended
620	to read:
621	456.013  Department; general licensing provisions.--
622	(1)(a)  Any person desiring to be licensed in a profession
623	within the jurisdiction of the department shall apply to the
624	department in writing to take the licensure examination. The
625	application shall be made on a form prepared and furnished by
626	the department. The application form must be available on the
627	World Wide Web and the department may accept electronically
628	submitted applications beginning July 1, 2001. The application
629	shall require the social security number of the applicant,
630	except as provided in paragraph (b). The form shall be
631	supplemented as needed to reflect any material change in any
632	circumstance or condition stated in the application which takes
633	place between the initial filing of the application and the
634	final grant or denial of the license and which might affect the
635	decision of the department. If an application is submitted
636	electronically, the department may require supplemental
637	materials, including an original signature of the applicant and
638	verification of credentials, to be submitted in a nonelectronic
639	format. An incomplete application shall expire 1 year after
640	initial filing. In order to further the economic development
641	goals of the state, and notwithstanding any law to the contrary,
642	the department may enter into an agreement with the county tax
643	collector for the purpose of appointing the county tax collector
644	as the department's agent to accept applications for licenses
645	and applications for renewals of licenses. The agreement must
646	specify the time within which the tax collector must forward any
647	applications and accompanying application fees to the
648	department.
649	(b)  If an applicant has not been issued a social security
650	number by the Federal Government at the time of application
651	because the applicant is not a citizen or resident of this
652	country, the department may process the application using a
653	unique personal identification number. If such an applicant is
654	otherwise eligible for licensure, the board, or the department
655	when there is no board, may issue a temporary license, as
656	established by rule of the board or the department, if there is
657	no board, to the applicant, which shall expire 90 30 days after
658	issuance unless a social security number is obtained and
659	submitted in writing to the department. Upon receipt of the
660	applicant's social security number, the department shall issue a
661	new license, which shall expire at the end of the current
662	biennium.
663	(2)  The board or the department, if there is no board, may
664	adopt a rule allowing an applicant for licensure to complete the
665	coursework requirements for licensure by completing successfully
666	the required courses as a student, or by teaching the required
667	graduate course as an instructor or professor in an accredited
668	institution.
669	(3)(2)  Before the issuance of any license, the department
670	shall charge an initial license fee as determined by the
671	applicable board or, if no such board exists, by rule of the
672	department. Upon receipt of the appropriate license fee, the
673	department shall issue a license to any person certified by the
674	appropriate board, or its designee, as having met the licensure
675	requirements imposed by law or rule. The license shall consist
676	of a wallet-size identification card and a wall card measuring
677	61/2 inches by 5 inches. In addition to the two-part license, the
678	department, at the time of initial licensure, if the board has a
679	positive cash balance and if specified by board rule, or
680	department rule if there is no board, shall issue a wall
681	certificate suitable for conspicuous display, which shall be no
682	smaller than 81/2 inches by 14 inches. The licensee shall
683	surrender to the department the wallet-size identification card,
684	the wall card, and the wall certificate, if one has been issued
685	by the department, if the licensee's license was issued in error
686	or is revoked.
687	(4)(3)(a)  The board, or the department when there is no
688	board, may refuse to issue an initial license to any applicant
689	who is under investigation or prosecution in any jurisdiction
690	for an action that would constitute a violation of this chapter
691	or the professional practice acts administered by the department
692	and the boards, until such time as the investigation or
693	prosecution is complete, and the time period in which the
694	licensure application must be granted or denied shall be tolled
695	until 15 days after the receipt of the final results of the
696	investigation or prosecution.
697	(b)  If an applicant has been convicted of a felony related
698	to the practice or ability to practice any health care
699	profession, the board, or the department when there is no board,
700	may require the applicant to prove that his or her civil rights
701	have been restored.
702	(c)  In considering applications for licensure, the board,
703	or the department when there is no board, may require a personal
704	appearance of the applicant. If the applicant is required to
705	appear, the time period in which a licensure application must be
706	granted or denied shall be tolled until such time as the
707	applicant appears. However, if the applicant fails to appear
708	before the board at either of the next two regularly scheduled
709	board meetings, or fails to appear before the department within
710	30 days if there is no board, the application for licensure
711	shall be denied.
712	(5)(4)  When any administrative law judge conducts a
713	hearing pursuant to the provisions of chapter 120 with respect
714	to the issuance of a license by the department, the
715	administrative law judge shall submit his or her recommended
716	order to the appropriate board, which shall thereupon issue a
717	final order. The applicant for licensure may appeal the final
718	order of the board in accordance with the provisions of chapter
719	120.
720	(6)(5)  A privilege against civil liability is hereby
721	granted to any witness for any information furnished by the
722	witness in any proceeding pursuant to this section, unless the
723	witness acted in bad faith or with malice in providing such
724	information.
725	(6)  As a condition of renewal of a license, the Board of
726	Medicine, the Board of Osteopathic Medicine, the Board of
727	Chiropractic Medicine, and the Board of Podiatric Medicine shall
728	each require licensees which they respectively regulate to
729	periodically demonstrate their professional competency by
730	completing at least 40 hours of continuing education every 2
731	years. The boards may require by rule that up to 1 hour of the
732	required 40 or more hours be in the area of risk management or
733	cost containment. This provision shall not be construed to limit
734	the number of hours that a licensee may obtain in risk
735	management or cost containment to be credited toward satisfying
736	the 40 or more required hours. This provision shall not be
737	construed to require the boards to impose any requirement on
738	licensees except for the completion of at least 40 hours of
739	continuing education every 2 years. Each of such boards shall
740	determine whether any specific continuing education requirements
741	not otherwise mandated by law shall be mandated and shall
742	approve criteria for, and the content of, any continuing
743	education mandated by such board. Notwithstanding any other
744	provision of law, the board, or the department when there is no
745	board, may approve by rule alternative methods of obtaining
746	continuing education credits in risk management. The alternative
747	methods may include attending a board meeting at which another
748	licensee is disciplined, serving as a volunteer expert witness
749	for the department in a disciplinary case, or serving as a
750	member of a probable cause panel following the expiration of a
751	board member's term. Other boards within the Division of Medical
752	Quality Assurance, or the department if there is no board, may
753	adopt rules granting continuing education hours in risk
754	management for attending a board meeting at which another
755	licensee is disciplined, for serving as a volunteer expert
756	witness for the department in a disciplinary case, or for
757	serving as a member of a probable cause panel following the
758	expiration of a board member's term.
759	(7)  The boards, or the department when there is no board,
760	shall require the completion of a 2-hour course relating to
761	prevention of medical errors as part of the licensure and
762	renewal process. The 2-hour course shall count towards the total
763	number of continuing education hours required for the
764	profession. The course shall be approved by the board or
765	department, as appropriate, and shall include a study of root-
766	cause analysis, error reduction and prevention, and patient
767	safety. In addition, the course approved by the Board of
768	Medicine and the Board of Osteopathic Medicine shall include
769	information relating to the five most misdiagnosed conditions
770	during the previous biennium, as determined by the board. If the
771	course is being offered by a facility licensed pursuant to
772	chapter 395 for its employees, the board may approve up to 1
773	hour of the 2-hour course to be specifically related to error
774	reduction and prevention methods used in that facility.
775	(8)  The respective boards within the jurisdiction of the
776	department, or the department when there is no board, may adopt
777	rules to provide for the use of approved videocassette courses,
778	not to exceed 5 hours per subject, to fulfill the continuing
779	education requirements of the professions they regulate. Such
780	rules shall provide for prior approval of the board, or the
781	department when there is no board, of the criteria for and
782	content of such courses and shall provide for a videocassette
783	course validation form to be signed by the vendor and the
784	licensee and submitted to the department, along with the license
785	renewal application, for continuing education credit.
786	(7)(9)  Any board that currently requires continuing
787	education for renewal of a license, or the department if there
788	is no board, shall adopt rules to establish the criteria for
789	continuing education courses. The rules may provide that up to a
790	maximum of 25 percent of the required continuing education hours
791	can be fulfilled by the performance of pro bono services to the
792	indigent or to underserved populations or in areas of critical
793	need within the state where the licensee practices. The board,
794	or the department if there is no board, must require that any
795	pro bono services be approved in advance in order to receive
796	credit for continuing education under this subsection. The
797	standard for determining indigency shall be that recognized by
798	the Federal Poverty Income Guidelines produced by the United
799	States Department of Health and Human Services. The rules may
800	provide for approval by the board, or the department if there is
801	no board, that a part of the continuing education hours can be
802	fulfilled by performing research in critical need areas or for
803	training leading to advanced professional certification. The
804	board, or the department if there is no board, may make rules to
805	define underserved and critical need areas. The department shall
806	adopt rules for administering continuing education requirements
807	adopted by the boards or the department if there is no board.
808	(8)(10)  Notwithstanding any law to the contrary, an
809	elected official who is licensed under a practice act
810	administered by the Division of Medical Quality Assurance may
811	hold employment for compensation with any public agency
812	concurrent with such public service. Such dual service must be
813	disclosed according to any disclosure required by applicable
814	law.
815	(9)(11)  In any instance in which a licensee or applicant
816	to the department is required to be in compliance with a
817	particular provision by, on, or before a certain date, and if
818	that date occurs on a Saturday, Sunday, or a legal holiday, then
819	the licensee or applicant is deemed to be in compliance with the
820	specific date requirement if the required action occurs on the
821	first succeeding day which is not a Saturday, Sunday, or legal
822	holiday.
823	(10)(12)  Pursuant to the federal Personal Responsibility
824	and Work Opportunity Reconciliation Act of 1996, each party is
825	required to provide his or her social security number in
826	accordance with this section. Disclosure of social security
827	numbers obtained through this requirement shall be limited to
828	the purpose of administration of the Title IV-D program for
829	child support enforcement.
830	Section 18.  Paragraph (c) of subsection (1) and subsection
831	(2) of section 456.017, Florida Statutes, are amended, and
832	subsection (7) is added to said section, to read:
833	456.017  Examinations.--
834	(1)
835	(c)1.  The board, or the department when there is no board,
836	shall approve by rule the use of one or more national
837	examinations which the department has certified as meeting
838	requirements of national examinations and generally accepted
839	testing standards pursuant to department rules. Providers of
840	examinations seeking certification by the department shall pay
841	the actual costs incurred by the department in making a
842	determination regarding the certification. The name and number
843	of a candidate may be provided to a national contractor for the
844	limited purpose of preparing the grade tape and information to
845	be returned to the board or department; or, to the extent
846	otherwise specified by rule, the candidate may apply directly to
847	the vendor of the national examination and supply test score
848	information to the department. The department may delegate to
849	the board the duty to provide and administer the examination.
850	Any national examination approved by a board, or the department
851	when there is no board, prior to October 1, 1997, is deemed
852	certified under this paragraph.
853	2.  The board, or the department when there is no board,
854	shall approve and begin administering a national examination no
855	later than December 31, 2001. Neither the board nor the
856	department may administer a state-developed written examination
857	after December 31, 2001, notwithstanding any other provision of
858	law, provided a national examination has been certified by the
859	department. The examination may be administered electronically
860	if adequate security measures are used, as determined by rule of
861	the department.
862	3.  The board, or the department when there is no board,
863	may administer a state-developed practical or clinical
864	examination, as required by the applicable practice act, if all
865	costs of development, purchase, validation, administration,
866	review, and defense are paid by the examination candidate prior
867	to the administration of the examination. If a national
868	practical or clinical examination is available and certified by
869	the department pursuant to this section, the board, or the
870	department when there is no board, may administer the national
871	examination.
872	4.  It is the intent of the Legislature to reduce the costs
873	associated with state examinations and to encourage the use of
874	national examinations whenever possible.
875	(2)  For each examination developed by the department or a
876	contracted vendor, the board, or the department when there is no
877	board, shall adopt rules providing for reexamination of any
878	applicants who failed an examination developed by the department
879	or a contracted vendor. If both a written and a practical
880	examination are given, an applicant shall be required to retake
881	only the portion of the examination on which the applicant
882	failed to achieve a passing grade, if the applicant successfully
883	passes that portion within a reasonable time, as determined by
884	rule of the board, or the department when there is no board, of
885	passing the other portion. Except for national examinations
886	approved and administered pursuant to this section, the
887	department shall provide procedures for applicants who fail an
888	examination developed by the department or a contracted vendor
889	to review their examination questions, answers, papers, grades,
890	and grading key for the questions the candidate answered
891	incorrectly or, if not feasible, the parts of the examination
892	failed. Applicants shall bear the actual cost for the department
893	to provide examination review pursuant to this subsection. An
894	applicant may waive in writing the confidentiality of the
895	applicant's examination grades. Notwithstanding any other
896	provisions, only candidates who fail an examination with a score
897	that is by less than 10 percent below the minimum score required
898	to pass the examination shall be entitled to challenge the
899	validity of the examination at hearing.
900	(7)  The department may post examination scores
901	electronically on the Internet in lieu of mailing the scores to
902	each applicant. Such electronic posting of the examination
903	scores meets the requirements of chapter 120 if the department
904	also posts with the examination scores a notification of rights
905	as set forth in chapter 120. The date of receipt for purposes of
906	chapter 120 shall be the date the examination scores are posted
907	electronically. The department shall also notify the examinee
908	when scores are posted electronically of the availability of a
909	postexamination review, if applicable.
910	Section 19.  Section 456.020, Florida Statutes, is created
911	to read:
912	456.020  Continuing education; instruction on domestic
913	violence; instruction on HIV/AIDS; instruction on prevention of
914	medical errors.--
915	(1)  It is the declared purpose of this section to
916	encourage the completion of continuing education courses in
917	specified subject areas as a condition of license renewal, when
918	applicable to the practice, by health care practitioners as
919	defined in s. 456.001. The board or the department, when there
920	is no board, may require the completion of courses, including,
921	but not limited to, the following subject areas, as defined by
922	board or department rule:
923	(a)  Domestic violence as defined in s. 741.28. Such course
924	shall include information on the number of patients in that
925	professional's practice who are likely to be victims of domestic
926	violence and the number who are likely to be perpetrators of
927	domestic violence, screening procedures for determining whether
928	a patient has any history of being either a victim or
929	perpetrator of domestic violence, and instruction on how to
930	provide such patients with information on, or how to refer such
931	patients to resources in the local community that provide, legal
932	aid, shelter, victim counseling, batterer counseling, or child
933	protection services.
934	(b)  HIV/AIDS. Such course shall consist of education on
935	the modes of transmission, infection control procedures,
936	clinical management, and prevention of HIV/AIDS. Such course
937	shall include information on current state law on AIDS and its
938	impact on testing, confidentiality of test results, treatment of
939	patients, and any protocols and procedures applicable to HIV
940	counseling and testing, reporting, the offering of testing to
941	pregnant women, and partner notification issues pursuant to ss.
942	381.004 and 384.25.
943	(c)  Prevention of medical errors. Such course shall
944	include a study of root-cause analysis, error reduction and
945	prevention, and patient safety. If the course is being offered
946	by a facility licensed pursuant to chapter 395 for its
947	employees, the board may approve up to 1 hour of the 2-hour
948	course to be specifically related to error reduction and
949	prevention methods used in such facility.
950	(2)  Proof of completion of continuing education courses
951	shall be defined by board rule, or department rule if there is
952	no board.
953	(3)  Courses completed in the specified subject areas shall
954	count towards the total number of continuing education hours
955	required for license renewal for the profession.
956	(4)  Any person holding two or more licenses subject to the
957	provisions of this section shall only be required to complete
958	the requirement for one license.
959	(5)  Failure to comply with courses required by the board
960	or the department, if there is no board, shall constitute
961	grounds for disciplinary action under each respective practice
962	act and under s. 456.072(1)(k).
963	Section 20.  Subsections (4) and (9) of section 456.025,
964	Florida Statutes, are amended to read:
965	456.025  Fees; receipts; disposition.--
966	(4)  Each board, or the department if there is no board,
967	may charge a fee not to exceed $25, as determined by rule, for
968	the issuance of a wall certificate pursuant to s. 456.013(3)(2)
969	requested by a licensee who was licensed prior to July 1, 1998,
970	or for the issuance of a duplicate wall certificate requested by
971	any licensee.
972	(9)  The department shall provide a condensed management
973	report of revenues and expenditures budgets, finances,
974	performance measures statistics, and necessary recommendations
975	to each board at least once a quarter. The department shall
976	identify and include in such presentations any changes, or
977	projected changes, made to the board's budget since the last
978	presentation.
979	Section 21.  Section 456.031, Florida Statutes, is amended
980	to read:
981	456.031  Requirement for instruction on domestic
982	violence.--
983	(1)(a)  The appropriate board shall require each person
984	licensed or certified under chapter 458, chapter 459, part I of
985	chapter 464, chapter 466, chapter 467, chapter 490, or chapter
986	491 to complete a 1-hour continuing education course, approved
987	by the board, on domestic violence, as defined in s. 741.28, as
988	part of initial licensure, biennial relicensure, or
989	recertification. The course shall consist of a skills-based
990	curriculum that includes practice protocols for identifying and
991	treating a victim of domestic violence consistent with the
992	profession and instructions on practical applications. For
993	purposes of this section, "skills-based curriculum" means a
994	curriculum that details methods of practical applications to
995	improve responses to domestic violence victims through
996	culturally competent methods of routine screening, assessment,
997	intervention, and health records documentation. Each licensee
998	must complete continuing education on domestic violence as
999	prescribed by board rule. Initial applicants for licensure shall
1000	be allowed 1 year from the date of licensure to complete the
1001	required course information on the number of patients in that
1002	professional's practice who are likely to be victims of domestic
1003	violence and the number who are likely to be perpetrators of
1004	domestic violence, screening procedures for determining whether
1005	a patient has any history of being either a victim or a
1006	perpetrator of domestic violence, and instruction on how to
1007	provide such patients with information on, or how to refer such
1008	patients to, resources in the local community, such as domestic
1009	violence centers and other advocacy groups, that provide legal
1010	aid, shelter, victim counseling, batterer counseling, or child
1011	protection services.
1012	(b)  Each such licensee or certificateholder shall submit
1013	confirmation of having completed such course, on a form provided
1014	by the board, when submitting fees for each biennial renewal.
1015	(c)  The board may approve additional equivalent courses
1016	that may be used to satisfy the requirements of paragraph (a).
1017	Each licensing board that requires a licensee to complete an
1018	educational course pursuant to this subsection may include the
1019	hour required for completion of the course in the total hours of
1020	continuing education required by law for such profession unless
1021	the continuing education requirements for such profession
1022	consist of fewer than 30 hours biennially.
1023	(b)(d)  Any person holding two or more licenses subject to
1024	the provisions of this subsection shall be permitted to show
1025	proof of having taken one board-approved course on domestic
1026	violence, for purposes of initial licensure, relicensure, or
1027	recertification for additional licenses.
1028	(e)  Failure to comply with the requirements of this
1029	subsection shall constitute grounds for disciplinary action
1030	under each respective practice act and under s. 456.072(1)(k).
1031	In addition to discipline by the board, the licensee shall be
1032	required to complete such course.
1033	(2)  The board shall also require, as a condition of
1034	granting a license under any chapter specified in paragraph
1035	(1)(a), that each applicant for initial licensure under the
1036	appropriate chapter complete an educational course acceptable to
1037	the board on domestic violence which is substantially equivalent
1038	to the course required in subsection (1). An applicant who has
1039	not taken such course at the time of licensure shall, upon
1040	submission of an affidavit showing good cause, be allowed 6
1041	months to complete such requirement.
1042	(3)(a)  In lieu of completing a course as required in
1043	subsection (1), a licensee or certificateholder may complete a
1044	course in end-of-life care and palliative health care, if the
1045	licensee or certificateholder has completed an approved domestic
1046	violence course in the immediately preceding biennium.
1047	(b)  In lieu of completing a course as required by
1048	subsection (1), a person licensed under chapter 466 who has
1049	completed an approved domestic-violence education course in the
1050	immediately preceding 2 years may complete a course approved by
1051	the Board of Dentistry.
1052	(2)(4)  Each board may adopt rules to carry out the
1053	provisions of this section.
1054	(5)  Each board shall report to the President of the
1055	Senate, the Speaker of the House of Representatives, and the
1056	chairs of the appropriate substantive committees of the
1057	Legislature by March 1 of each year as to the implementation of
1058	and compliance with the requirements of this section.
1059	Section 22.  Subsection (14) is added to section 456.036,
1060	Florida Statutes, to read:
1061	456.036  Licenses; active and inactive status;
1062	delinquency.--
1063	(14)  The board or the department, if there is no board,
1064	may require the display of a license.
1065	Section 23.  Subsection (6) is added to section 456.037,
1066	Florida Statutes, to read:
1067	456.037  Business establishments; requirements for active
1068	status licenses; delinquency; discipline; applicability.--
1069	(6)  The board or the department, if there is no board, may
1070	require the display of a license.
1071	Section 24.  Paragraph (a) of subsection (4) of section
1072	456.039, Florida Statutes, is amended to read:
1073	456.039  Designated health care professionals; information
1074	required for licensure.--
1075	(4)(a)  An applicant for initial licensure must submit a
1076	set of fingerprints to the Department of Health in accordance
1077	with s. 458.311, s. 458.3115, s. 458.3124, s. 458.313, s.
1078	459.0055, s. 460.406, or s. 461.006.
1079	Section 25.  Present subsections (16) through (19) of
1080	section 456.057, Florida Statutes, are renumbered as subsections
1081	(17) through (20), respectively, and a new subsection (16) is
1082	added to said section to read:
1083	456.057  Ownership and control of patient records; report
1084	or copies of records to be furnished.--
1085	(16)  A health care practitioner or records owner
1086	furnishing copies of reports or records or making the reports or
1087	records available for digital scanning pursuant to this section
1088	may charge the department the reasonable costs of reproducing
1089	the records.
1090	(a)  Reasonable costs of reproducing copies of written or
1091	typed documents or reports may not be more than:
1092	1.  For the first 25 pages, $1 per page.
1093	2.  For each page in excess of 25 pages, 25 cents.
1094	(b)  Reasonable costs of reproducing X rays and other
1095	special kinds of records are the actual costs. The term "actual
1096	costs" means the cost of the material and supplies used to
1097	duplicate the record, as well as the labor costs associated with
1098	the duplication.
1099	Section 26.  Subsection (3) of section 456.063, Florida
1100	Statutes, is amended to read:
1101	456.063  Sexual misconduct; disqualification for license,
1102	certificate, or registration.--
1103	(3)  Licensed health care practitioners shall report
1104	allegations of sexual misconduct to the department, regardless
1105	of the practice setting in which the alleged sexual misconduct
1106	occurred. Each board or the department, if there is board, may
1107	adopt rules to implement the requirements for reporting
1108	allegations of sexual misconduct, including rules to determine
1109	the sufficiency of the allegations.
1110	Section 27.  Paragraphs (aa) and (bb) of subsection (1) of
1111	section 456.072, Florida Statutes, are amended, paragraph (ff)
1112	is added to said subsection, and subsection (7) is added to said
1113	section, to read:
1114	456.072  Grounds for discipline; penalties; enforcement.--
1115	(1)  The following acts shall constitute grounds for which
1116	the disciplinary actions specified in subsection (2) may be
1117	taken:
1118	(aa)  Performing or attempting to perform health care
1119	services on the wrong patient, a wrong-site procedure, a wrong
1120	procedure, or an unauthorized procedure or a procedure that is
1121	medically unnecessary or otherwise unrelated to the patient's
1122	diagnosis or medical condition. For the purposes of this
1123	paragraph, performing or attempting to perform health care
1124	services includes invasive actions taken in furtherance of the
1125	preparation of the patient, but does not include those
1126	preparations that are noninvasive.
1127	(bb)  Leaving a foreign body in a patient, such as a
1128	sponge, clamp, forceps, surgical needle, or other paraphernalia
1129	commonly used in surgical, examination, or other diagnostic
1130	procedures. For the purposes of this paragraph, it shall be
1131	legally presumed that retention of a foreign body is not in the
1132	best interest of the patient and is not within the standard of
1133	care of the profession, unless medically indicated and
1134	documented in the patient record regardless of the intent of the
1135	professional.
1136	(ff)  Prescribing, administering, dispensing, or
1137	distributing a legend drug, including a controlled substance,
1138	when the practitioner knows or reasonably should know that the
1139	receiving patient has not established a valid professional
1140	relationship with the prescribing practitioner. A medical
1141	questionnaire completed on the Internet or by telephone,
1142	electronic transfer, or mail does not establish a valid
1143	professional relationship.
1144	(7)  In addition to any other discipline imposed by final
1145	order entered on or after July 1, 2004, for violation of any
1146	practice act pursuant to this section, the board or the
1147	department, if there is no board, shall assess a nonrefundable
1148	fee to defray the costs of monitoring the licensee's compliance
1149	with the order in the amount of $25 per month for each month or
1150	portion of a month set forth in the final order to complete the
1151	length of term of the probation, suspension, or practice
1152	restrictions imposed by the final order. Such assessment shall
1153	be included in the terms of the final order. The board or the
1154	department, if there is no board, may elect to assess the same
1155	fee to offset other costs of monitoring compliance with the
1156	terms imposed by a final order which does not include probation,
1157	suspension, or practice restrictions.
1158	Section 28.  Subsection (1) of section 456.073, Florida
1159	Statutes, is amended to read:
1160	456.073  Disciplinary proceedings.--Disciplinary
1161	proceedings for each board shall be within the jurisdiction of
1162	the department.
1163	(1)  The department, for the boards under its jurisdiction,
1164	shall cause to be investigated any complaint that is filed
1165	before it if the complaint is in writing, signed by the
1166	complainant, and legally sufficient. A complaint filed by a
1167	state prisoner against a health care practitioner employed by or
1168	otherwise providing health care services within a facility of
1169	the Department of Corrections is not legally sufficient unless
1170	there is a showing that the prisoner complainant has exhausted
1171	all available administrative remedies within the state
1172	correctional system before filing the complaint. However, if the
1173	Department of Health determines after a preliminary inquiry of a
1174	state prisoner's complaint that the practitioner may present a
1175	serious threat to the health and safety of any individual who is
1176	not a state prisoner, the Department of Health may determine
1177	legal sufficiency and proceed with discipline. The Department of
1178	Health shall be notified within 15 days after the Department of
1179	Corrections disciplines or allows a health care practitioner to
1180	resign for an offense related to the practice of his or her
1181	profession. A complaint is legally sufficient if it contains
1182	ultimate facts that show that a violation of this chapter, of
1183	any of the practice acts relating to the professions regulated
1184	by the department, or of any rule adopted by the department or a
1185	regulatory board in the department has occurred. In order to
1186	determine legal sufficiency, the department may require
1187	supporting information or documentation. The department may
1188	investigate, and the department or the appropriate board may
1189	take appropriate final action on, a complaint even though the
1190	original complainant withdraws it or otherwise indicates a
1191	desire not to cause the complaint to be investigated or
1192	prosecuted to completion. The department may investigate an
1193	anonymous complaint if the complaint is in writing and is
1194	legally sufficient, if the alleged violation of law or rules is
1195	substantial, and if the department has reason to believe, after
1196	preliminary inquiry, that the violations alleged in the
1197	complaint are true. The department may investigate a complaint
1198	made by a confidential informant if the complaint is legally
1199	sufficient, if the alleged violation of law or rule is
1200	substantial, and if the department has reason to believe, after
1201	preliminary inquiry, that the allegations of the complainant are
1202	true. The department may initiate an investigation if it has
1203	reasonable cause to believe that a licensee or a group of
1204	licensees has violated a Florida statute, a rule of the
1205	department, or a rule of a board. Notwithstanding subsection
1206	(13), the department may investigate information filed pursuant
1207	to s. 456.041(4) relating to liability actions with respect to
1208	practitioners licensed under chapter 458 or chapter 459 which
1209	have been reported under s. 456.049 or s. 627.912 within the
1210	previous 6 years for any paid claim that exceeds $50,000. Except
1211	as provided in ss. 458.331(9), 459.015(9), 460.413(5), and
1212	461.013(6), When an investigation of any subject is undertaken,
1213	the department shall promptly furnish to the subject or the
1214	subject's attorney a copy of the complaint or document that
1215	resulted in the initiation of the investigation. The subject may
1216	submit a written response to the information contained in such
1217	complaint or document within 30 20 days after service to the
1218	subject of the complaint or document. The subject's written
1219	response shall be considered by the probable cause panel. The
1220	right to respond does not prohibit the issuance of a summary
1221	emergency order if necessary to protect the public. However, if
1222	the secretary, or the secretary's designee, and the chair of the
1223	respective board or the chair of its probable cause panel agree
1224	in writing that such notification would be detrimental to the
1225	investigation, the department may withhold notification. The
1226	department may conduct an investigation without notification to
1227	any subject if the act under investigation is a criminal
1228	offense.
1229	Section 29.  Paragraphs (b) and (c) of subsection (2) of
1230	section 457.105, Florida Statutes, are amended, and subsection
1231	(3) is added to said section, to read:
1232	457.105  Licensure qualifications and fees.--
1233	(2)  A person may become licensed to practice acupuncture
1234	if the person applies to the department and:
1235	(b)  Has completed 60 college credits from an accredited
1236	postsecondary institution as a prerequisite to enrollment and
1237	completion of an authorized in an authorized 3-year course of
1238	study in acupuncture and oriental medicine, and has completed a
1239	3-year course of study in acupuncture and oriental medicine, and
1240	effective July 31, 2001, a 4-year course of study in acupuncture
1241	and oriental medicine, which meets standards established by the
1242	board by rule, which standards include, but are not limited to,
1243	successful completion of academic courses in western anatomy,
1244	western physiology, western pathology, western biomedical
1245	terminology, first aid, and cardiopulmonary resuscitation (CPR).
1246	However, any person who enrolled in an authorized course of
1247	study in acupuncture before August 1, 1997, must have completed
1248	only a 2-year course of study which meets standards established
1249	by the board by rule, which standards must include, but are not
1250	limited to, successful completion of academic courses in western
1251	anatomy, western physiology, and western pathology.
1252	Additionally, any person who enrolled in an authorized 3-year
1253	course of study in acupuncture and oriental medicine prior to
1254	July 31, 2001, must have completed 60 college credits from an
1255	accredited postsecondary institution as a prerequisite to
1256	enrollment in an authorized 3-year course of study in
1257	acupuncture and oriental medicine, and completed a 3-year course
1258	of study in acupuncture and oriental medicine which meets
1259	standards established by the board by rule;
1260	(c)  Has successfully completed a board-approved national
1261	certification process, is actively licensed in a state that has
1262	examination requirements that are substantially equivalent to or
1263	more stringent than those of this state, or passes the national
1264	an examination approved administered by the board department,
1265	which examination tests the applicant's competency and knowledge
1266	of the practice of acupuncture and oriental medicine. At the
1267	request of any applicant, oriental nomenclature for the points
1268	shall be used in the examination. The examination shall include
1269	a practical examination of the knowledge and skills required to
1270	practice modern and traditional acupuncture and oriental
1271	medicine, covering diagnostic and treatment techniques and
1272	procedures; and
1273	(3)  Notwithstanding the provisions of s. 120.60(1), upon
1274	receipt of an application for a license, the board shall examine
1275	the application and, within 30 days after such receipt, notify
1276	the applicant of any apparent errors or omissions and request
1277	any additional information the board is permitted by law to
1278	require. Within 30 days after receipt of such additional
1279	information, the board shall review the information and may
1280	request additional information needed to clarify such additional
1281	information or to answer new questions raised by or directly
1282	related to such additional information. When appropriate, the
1283	board may require the results of an evaluation through the
1284	Professionals Resource Network as additional information,
1285	clarifying information, or as the answer to new questions raised
1286	by or directly related to information submitted by an applicant.
1287	The department shall not deny a license for failure to correct
1288	an error or omission or to supply additional information,
1289	provide clarifying information, or answer new questions raised
1290	by or directly related to additional information unless the
1291	department timely notifies the applicant within the appropriate
1292	30-day period. An application shall be considered complete upon
1293	receipt of all requested information and correction of any error
1294	or omission for which the applicant is timely notified or when
1295	the time for such notification has expired. Each application for
1296	a license shall be approved or denied within 90 days after
1297	receipt of a completed application unless a shorter period of
1298	time for department action is provided by law. The 90-day time
1299	period shall be tolled by the initiation of a proceeding under
1300	ss. 120.569 and 120.57. An application for a license must be
1301	approved or denied within the 90-day or shorter time period,
1302	within 15 days after the conclusion of a public hearing held on
1303	the application, or within 45 days after a recommended order is
1304	submitted to the department and the parties, whichever is later.
1305	The board must approve any application for a license or an
1306	examination required for licensure if the board has not approved
1307	or denied the application within the time periods prescribed by
1308	this subsection.
1309	Section 30.  Paragraph (c) of subsection (1) of section
1310	457.109, Florida Statutes, is amended to read:
1311	457.109  Disciplinary actions; grounds; action by the
1312	board.--
1313	(1)  The following acts constitute grounds for denial of a
1314	license or disciplinary action, as specified in s. 456.072(2):
1315	(c)  Being convicted or found guilty of, or entering a plea
1316	of nolo contendere to, regardless of adjudication, in a court of
1317	this state or other any jurisdiction, of a crime which directly
1318	relates to the practice of acupuncture or to the ability to
1319	practice acupuncture. Any plea of nolo contendere shall be
1320	considered a conviction for purposes of this chapter.
1321	Section 31.  Section 458.303, Florida Statutes, is amended
1322	to read:
1323	458.303  Provisions not applicable to other practitioners;
1324	exceptions, etc.--
1325	(1)  The provisions of ss. 458.301, 458.303, 458.305,
1326	458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,
1327	458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
1328	458.343, 458.345, and 458.347 shall have no application to:
1329	(a)  Other duly licensed health care practitioners acting
1330	within their scope of practice authorized by statute.
1331	(b)  Any physician lawfully licensed in another state or
1332	territory or foreign country, when meeting duly licensed
1333	physicians of this state in consultation.
1334	(c)  Commissioned medical officers of the Armed Forces of
1335	the United States and of the Public Health Service of the United
1336	States while on active duty and while acting within the scope of
1337	their military or public health responsibilities.
1338	(d)  Any person while actually serving without salary or
1339	professional fees on the resident medical staff of a hospital in
1340	this state, subject to the provisions of s. 458.321.
1341	(e)  Any person furnishing medical assistance in case of an
1342	emergency.
1343	(f)  The domestic administration of recognized family
1344	remedies.
1345	(g)  The practice of the religious tenets of any church in
1346	this state.
1347	(h)  Any person or manufacturer who, without the use of
1348	drugs or medicine, mechanically fits or sells lenses, artificial
1349	eyes or limbs, or other apparatus or appliances or is engaged in
1350	the mechanical examination of eyes for the purpose of
1351	constructing or adjusting spectacles, eyeglasses, or lenses.
1352	(2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.
1353	458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.
1354	458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
1355	458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall
1356	be construed to prohibit any service rendered by a registered
1357	nurse or a licensed practical nurse, if such service is rendered
1358	under the direct supervision and control of a licensed physician
1359	who provides specific direction for any service to be performed
1360	and gives final approval to all services performed. Further,
1361	nothing in this or any other chapter shall be construed to
1362	prohibit any service rendered by a medical assistant in
1363	accordance with the provisions of s. 458.3485.
1364	Section 32.  Section 458.311, Florida Statutes, is amended
1365	to read:
1366	(Substantial rewording of section. See
1367	s. 458.311, F.S., for present text.)
1368	458.311  Licensure; requirements; fees.--
1369	(1)  Any person desiring to be licensed as a physician
1370	shall apply to the department on forms furnished by the
1371	department. The department shall license each applicant who the
1372	board certifies has met the provisions of this section.
1373	(2)  Each applicant must demonstrate that he or she:
1374	(a)  Has completed the application form and remitted a
1375	nonrefundable application fee not to exceed $500.
1376	(b)  Is at least 21 years of age.
1377	(c)  Is of good moral character.
1378	(d)  Has not committed any act or offense in this or any
1379	other jurisdiction which would constitute grounds for discipline
1380	pursuant to s. 458.331.
1381	(e)  Has submitted to the department a set of fingerprints
1382	on a form and under procedures specified by the department,
1383	along with a payment in an amount equal to the costs incurred by
1384	the department for the criminal history check of the applicant.
1385	(f)  Has submitted to the department core credentials
1386	verified by the Federation Credentials Verification Service of
1387	the Federation of State Medical Boards.
1388	(g)  For an applicant holding a valid active license in
1389	another state, has submitted evidence of the active licensed
1390	practice of medicine in another jurisdiction for at least 2 of
1391	the immediately preceding 4 years or evidence of successful
1392	completion of either a board-approved postgraduate training
1393	program within 2 years preceding filing of an application or a
1394	board-approved clinical competency examination within the year
1395	preceding the filing of an application for licensure. For
1396	purposes of this paragraph, "active licensed practice of
1397	medicine" means that practice of medicine by physicians,
1398	including those employed by any governmental entity in community
1399	health or public health, as defined by this chapter, those
1400	designated as medical directors under s. 641.495(11) who are
1401	practicing medicine, and those on the active teaching faculty of
1402	an accredited medical school. If the applicant fails to meet the
1403	requirements of this paragraph, the board may impose conditions
1404	on the license, including, but not limited to, supervision of
1405	practice.
1406	(3)  Each applicant must demonstrate that he or she:
1407	(a)  Is a graduate of an allopathic medical school or
1408	allopathic college recognized and approved by an accrediting
1409	agency recognized by the United States Department of Education
1410	or is a graduate of an allopathic medical school or allopathic
1411	college within a territorial jurisdiction of the United States
1412	recognized by the accrediting agency of the governmental body of
1413	that jurisdiction; or
1414	(b)  Is a graduate of an allopathic international medical
1415	school registered with the World Health Organization and has had
1416	his or her medical credentials evaluated by the Educational
1417	Commission for Foreign Medical Graduates, holds an active, valid
1418	certificate issued by that commission, and has passed the
1419	examination utilized by that commission. However, a graduate of
1420	an international medical school need not present the certificate
1421	issued by the Educational Commission for Foreign Medical
1422	Graduates or pass the examination utilized by that commission if
1423	the graduate has:
1424	1.  Received a bachelor's degree from an accredited United
1425	States college or university.
1426	2.  Studied at a medical school which is recognized by the
1427	World Health Organization.
1428	3.  Completed all of the formal requirements of the
1429	international medical school, except the internship or social
1430	service requirements, and passed part I of the National Board of
1431	Medical Examiners examination or the Educational Commission for
1432	Foreign Medical Graduates examination equivalent.
1433	4.  Completed an academic year of supervised clinical
1434	training in a hospital affiliated with a medical school approved
1435	by the Council on Medical Education of the American Medical
1436	Association and, upon completion, passed part II of the National
1437	Board of Medical Examiners examination or the Educational
1438	Commission for Foreign Medical Graduates examination equivalent.
1439	(4)  Each applicant must demonstrate that he or she has
1440	completed an Accreditation Council for Graduate Medical
1441	Education (ACGME) approved residency, as defined by board rule,
1442	of at least 2 years, or a fellowship of at least 2 years in one
1443	specialty area which is counted toward regular or subspecialty
1444	certification by a board recognized and certified by the
1445	American Board of Medical Specialties. However, applicants who
1446	meet the requirements of paragraph (3)(a) who completed their
1447	training prior to October 1, 2003, must demonstrate completion
1448	of at least 1 year of an approved residency.
1449	(5)(a)  Each applicant must demonstrate that he or she has
1450	complied with one of the following examination requirements:
1451	1.  Prior to January 1, 2000, has obtained a passing score,
1452	as established by board rule, on the licensure examination of
1453	the National Board of Medical Examiners (NBME), the licensure
1454	examination of the Federation of State Medical Boards of the
1455	United States, Inc. (FLEX), the United States Medical Licensing
1456	Examination (USMLE), or a combination thereof;
1457	2.  On or after January 1, 2000, has obtained a passing
1458	score on all three steps of the United States Medical Licensing
1459	Examination (USMLE); or
1460	3.  Has obtained a passing score on a state board
1461	examination or the Canadian licensing examination (LLMCC) if the
1462	applicant has a current active license in at least one other
1463	jurisdiction of the United States or Canada and has practiced
1464	pursuant to such licensure continuously for the immediately
1465	preceding 10 years without encumbrance on the license.
1466	(b)  As prescribed by board rule, the board may require an
1467	applicant who does not pass any step of the national licensing
1468	examination after five attempts to complete additional remedial
1469	education or training.
1470	(c)  As prescribed by board rule, the board may require an
1471	applicant who does not pass all the steps of the United States
1472	Medical Licensing Examination (USMLE) within 7 years to complete
1473	additional remedial education or training or to retake the step
1474	of the examination which the applicant first passed.
1475	(6)  The department and the board shall ensure through an
1476	investigative process that applicants for licensure meet the
1477	criteria of this section.
1478	(7)  The board may not certify to the department for
1479	licensure any applicant who is under investigation in another
1480	jurisdiction for an offense which would constitute a violation
1481	of this chapter until such investigation is completed. Upon
1482	completion of the investigation, the provisions of s. 458.331
1483	shall apply. Furthermore, the department may not issue an
1484	unrestricted license to any individual who has committed any act
1485	or offense in any jurisdiction which would constitute the basis
1486	for disciplining a physician pursuant to s. 458.331. When the
1487	board finds that an individual has committed an act or offense
1488	in any jurisdiction which would constitute the basis for
1489	disciplining a physician pursuant to s. 458.331, the board may
1490	enter an order imposing one or more of the terms set forth in s.
1491	456.072(2).
1492	(8)  The board may adopt rules pursuant to ss. 120.536(1)
1493	and 120.54 necessary to carry out the provisions of this
1494	section, which shall be applied on a uniform and consistent
1495	basis.
1496	(9)  When the board determines that any applicant for
1497	licensure has failed to meet, to the board's satisfaction, each
1498	of the appropriate requirements set forth in this section, it
1499	may enter an order requiring one or more of the following terms:
1500	(a)  Refusal to certify to the department an application
1501	for licensure, certification, or registration;
1502	(b)  Certification to the department of an application for
1503	licensure, certification, or registration with restrictions on
1504	the scope of practice of the licensee; or
1505	(c)  Certification to the department of an application for
1506	licensure, certification, or registration with placement of the
1507	physician on probation for a period of time and subject to such
1508	conditions as the board may specify, including, but not limited
1509	to, requiring the physician to submit to treatment, attend
1510	continuing education courses, submit to reexamination, or work
1511	under the supervision of another physician.
1512	Section 33.  Subsection (5) of section 458.3124, Florida
1513	Statutes, is amended to read:
1514	458.3124  Restricted license; certain experienced foreign-
1515	trained physicians.--
1516	(5)  Notwithstanding s. 458.311(3) and (4)(1)(f), a person
1517	who successfully meets the requirements of this section and who
1518	successfully passes Step III of the United States Medical
1519	Licensing Examination is eligible for full licensure as a
1520	physician.
1521	Section 34.  Section 458.315, Florida Statutes, is amended
1522	to read:
1523	(Substantial rewording of section. See
1524	s. 458.315, F.S., for present text.)
1525	458.315  Limited licenses.--
1526	(1)  Any person desiring to obtain a limited license shall
1527	apply to the department on forms furnished by the department.
1528	The department shall license each applicant who the board
1529	certifies:
1530	(a)  Has submitted to the department, with an application
1531	and fee not to exceed $300, a statement that he or she has been
1532	licensed to practice medicine in any jurisdiction or territory
1533	of the United States or Canada for at least 2 years and intends
1534	to practice only pursuant to the restrictions of a limited
1535	license granted pursuant to this section. However, if the
1536	physician will only use the limited license for noncompensated
1537	practice and submits a statement from the employing agency or
1538	institution stating that he or she will not receive compensation
1539	for any service involving the practice of medicine, the
1540	application fee and all licensure fees shall be waived.
1541	(b)  Has submitted evidence of the active licensed practice
1542	of medicine in any jurisdiction or territory of the United
1543	States or Canada for at least 2 of the immediately preceding 4
1544	years. For purposes of this paragraph, "active licensed practice
1545	of medicine" means that practice of medicine by physicians,
1546	including those employed by any governmental entity in community
1547	health or public health, as defined by this chapter, those
1548	designated as medical directors under s. 641.495(11) who are
1549	practicing medicine, and those on the active teaching faculty of
1550	an accredited medical school. If it has been more than 3 years
1551	since active practice was conducted by the applicant, a licensed
1552	physician approved by the board shall supervise the applicant
1553	for a period of 6 months after he or she is granted a limited
1554	license for practice, unless the board determines that a shorter
1555	period of supervision will be sufficient to ensure that the
1556	applicant is qualified for licensure. Procedures for such
1557	supervision shall be established by the board.
1558	(c)  Has submitted to the department a set of fingerprints
1559	on a form and under procedures by the department for the
1560	criminal history check of the applicant.
1561	(d)  Has not committed any act or offense in this or any
1562	other jurisdiction which would constitute the basis for
1563	disciplining a physician pursuant to s. 458.331.
1564	(2)  After approval of an application under this section, a
1565	limited license may not be issued until the applicant provides
1566	to the board an affidavit that there have been no substantial
1567	changes in his or her status since initial application.
1568	(3)  The recipient of a limited license used for
1569	noncompensated practice shall only practice in the employ of
1570	programs or facilities that provide uncompensated health care
1571	services by volunteer licensed health care professionals to low-
1572	income persons whose family income does not exceed 120 percent
1573	of the federal poverty level or to uninsured persons. These
1574	facilities shall include, but not be limited to, the department,
1575	community and migrant health centers funded under 42 U.S.C.
1576	300ff-52, and volunteer health care provider programs contracted
1577	with the department to provide uncompensated care under the
1578	provisions of s. 766.1115.
1579	(4)  The recipient of a limited license used for
1580	compensated practice shall only practice in the employ of
1581	certain programs and facilities that provide health care
1582	services and are located within federally designated primary
1583	care health professional shortage areas, unless otherwise
1584	approved by the Secretary of Health. These programs and
1585	facilities shall include, but not be limited to, the department,
1586	the Department of Corrections, county or municipal correctional
1587	facilities, the Department of Juvenile Justice, the Department
1588	of Children and Family Services, and those programs and
1589	facilities funded under 42 U.S.C. 300ff-52.
1590	(5)  The recipient of a limited license shall, within 30
1591	days after accepting employment, notify the board of all
1592	approved institutions in which the licensee practices and all
1593	approved institutions in which the licensee's practice
1594	privileges have been denied. Evidence of noncompensated
1595	employment shall be required for the fee waiver under paragraph
1596	(1)(a).
1597	(6)  Upon renewal of a limited license, a limited
1598	licenseholder shall, in addition to complying with other
1599	applicable provisions of this chapter, document compliance with
1600	the restrictions prescribed in this section.
1601	(7)  Any person holding an active or inactive license to
1602	practice medicine in the state may convert that license to a
1603	limited license for the purpose of providing volunteer,
1604	uncompensated care for low-income Floridians. The licensee must
1605	submit a statement from the employing agency or institution
1606	stating that he or she will not receive compensation for any
1607	service involving the practice of medicine. All licensure fees,
1608	including neurological injury compensation assessments, shall be
1609	waived.
1610	(8)  Nothing in this section limits in any way any policy
1611	by the board otherwise authorized by law to grant licenses to
1612	physicians duly licensed in other states under conditions less
1613	restrictive than the requirements of this section.
1614
1615	Notwithstanding any other provision of this section, the board
1616	may refuse to authorize a physician otherwise qualified to
1617	practice in the employ of any agency or institution otherwise
1618	qualified if the agency or institution has caused or permitted
1619	violations of the provisions of this chapter which it knew or
1620	should have known were occurring.
1621	Section 35.  Subsection (4) of section 458.319, Florida
1622	Statutes, is amended to read:
1623	458.319  Renewal of license.--
1624	(4)  Notwithstanding the provisions of s. 456.033, A
1625	physician may complete continuing education on end-of-life care
1626	and palliative care in lieu of continuing education in AIDS/HIV,
1627	if that physician has completed the AIDS/HIV continuing
1628	education in the immediately preceding biennium.
1629	Section 36.  Paragraph (c) of subsection (5) of section
1630	458.320, Florida Statutes, is amended to read:
1631	458.320  Financial responsibility.--
1632	(5)  The requirements of subsections (1), (2), and (3) do
1633	not apply to:
1634	(c)  Any person holding a limited license pursuant to s.
1635	458.315 458.317 and practicing under the scope of such limited
1636	license.
1637	Section 37.  Subsection (9) of section 458.331, Florida
1638	Statutes, is amended to read:
1639	458.331  Grounds for disciplinary action; action by the
1640	board and department.--
1641	(9)  When an investigation of a physician is undertaken,
1642	the department shall promptly furnish to the physician or the
1643	physician's attorney a copy of the complaint or document which
1644	resulted in the initiation of the investigation. For purposes of
1645	this subsection, such documents include, but are not limited to:
1646	the pertinent portions of an annual report submitted to the
1647	department pursuant to s. 395.0197(6); a report of an adverse
1648	incident which is provided to the department pursuant to s.
1649	395.0197; a report of peer review disciplinary action submitted
1650	to the department pursuant to s. 395.0193(4) or s. 458.337,
1651	providing that the investigations, proceedings, and records
1652	relating to such peer review disciplinary action shall continue
1653	to retain their privileged status even as to the licensee who is
1654	the subject of the investigation, as provided by ss. 395.0193(8)
1655	and 458.337(3); a report of a closed claim submitted pursuant to
1656	s. 627.912; a presuit notice submitted pursuant to s.
1657	766.106(2); and a petition brought under the Florida Birth-
1658	Related Neurological Injury Compensation Plan, pursuant to s.
1659	766.305(2). The physician may submit a written response to the
1660	information contained in the complaint or document which
1661	resulted in the initiation of the investigation within 30 45
1662	days after service to the physician of the complaint or
1663	document. The physician's written response shall be considered
1664	by the probable cause panel.
1665	Section 38.  Paragraph (c) of subsection (1) of section
1666	458.345, Florida Statutes, is amended to read:
1667	458.345  Registration of resident physicians, interns, and
1668	fellows; list of hospital employees; prescribing of medicinal
1669	drugs; penalty.--
1670	(1)  Any person desiring to practice as a resident
1671	physician, assistant resident physician, house physician,
1672	intern, or fellow in fellowship training which leads to
1673	subspecialty board certification in this state, or any person
1674	desiring to practice as a resident physician, assistant resident
1675	physician, house physician, intern, or fellow in fellowship
1676	training in a teaching hospital in this state as defined in s.
1677	408.07(44) or s. 395.805(2), who does not hold a valid, active
1678	license issued under this chapter shall apply to the department
1679	to be registered and shall remit a fee not to exceed $300 as set
1680	by the board. The department shall register any applicant the
1681	board certifies has met the following requirements:
1682	(c)  Is a graduate of a medical school or college as
1683	specified in s. 458.311(3)(1)(f).
1684	Section 39.  Paragraphs (b), (c), (d), (e), (f), and (g) of
1685	subsection (7) of section 458.347, Florida Statutes, are amended
1686	to read:
1687	458.347  Physician assistants.--
1688	(7)  PHYSICIAN ASSISTANT LICENSURE.--
1689	(b)1.  Notwithstanding subparagraph (a)2. and sub-
1690	subparagraph (a)3.a., the department shall examine each
1691	applicant who the Board of Medicine certifies:
1692	a.  Has completed the application form and remitted a
1693	nonrefundable application fee not to exceed $500 and an
1694	examination fee not to exceed $300, plus the actual cost to the
1695	department to provide the examination. The examination fee is
1696	refundable if the applicant is found to be ineligible to take
1697	the examination. The department shall not require the applicant
1698	to pass a separate practical component of the examination. For
1699	examinations given after July 1, 1998, competencies measured
1700	through practical examinations shall be incorporated into the
1701	written examination through a multiple-choice format. The
1702	department shall translate the examination into the native
1703	language of any applicant who requests and agrees to pay all
1704	costs of such translation, provided that the translation request
1705	is filed with the board office no later than 9 months before the
1706	scheduled examination and the applicant remits translation fees
1707	as specified by the department no later than 6 months before the
1708	scheduled examination, and provided that the applicant
1709	demonstrates to the department the ability to communicate orally
1710	in basic English. If the applicant is unable to pay translation
1711	costs, the applicant may take the next available examination in
1712	English if the applicant submits a request in writing by the
1713	application deadline and if the applicant is otherwise eligible
1714	under this section. To demonstrate the ability to communicate
1715	orally in basic English, a passing score or grade is required,
1716	as determined by the department or organization that developed
1717	it, on the test for spoken English (TSE) by the Educational
1718	Testing Service (ETS), the test of English as a foreign language
1719	(TOEFL) by ETS, a high school or college level English course,
1720	or the English examination for citizenship, Immigration and
1721	Naturalization Service. A notarized copy of an Educational
1722	Commission for Foreign Medical Graduates (ECFMG) certificate may
1723	also be used to demonstrate the ability to communicate in basic
1724	English; and
1725	b.(I)  Is an unlicensed physician who graduated from a
1726	foreign medical school listed with the World Health Organization
1727	who has not previously taken and failed the examination of the
1728	National Commission on Certification of Physician Assistants and
1729	who has been certified by the Board of Medicine as having met
1730	the requirements for licensure as a medical doctor by
1731	examination as set forth in s. 458.311(1), (3), (4), and (5),
1732	with the exception that the applicant is not required to have
1733	completed an approved residency of at least 1 year and the
1734	applicant is not required to have passed the licensing
1735	examination specified under s. 458.311 or hold a valid, active
1736	certificate issued by the Educational Commission for Foreign
1737	Medical Graduates; was eligible and made initial application for
1738	certification as a physician assistant in this state between
1739	July 1, 1990, and June 30, 1991; and was a resident of this
1740	state on July 1, 1990, or was licensed or certified in any state
1741	in the United States as a physician assistant on July 1, 1990;
1742	or
1743	(II)  Completed all coursework requirements of the Master
1744	of Medical Science Physician Assistant Program offered through
1745	the Florida College of Physician's Assistants prior to its
1746	closure in August of 1996. Prior to taking the examination, such
1747	applicant must successfully complete any clinical rotations that
1748	were not completed under such program prior to its termination
1749	and any additional clinical rotations with an appropriate
1750	physician assistant preceptor, not to exceed 6 months, that are
1751	determined necessary by the council. The boards shall determine,
1752	based on recommendations from the council, the facilities under
1753	which such incomplete or additional clinical rotations may be
1754	completed and shall also determine what constitutes successful
1755	completion thereof, provided such requirements are comparable to
1756	those established by accredited physician assistant programs.
1757	This sub-sub-subparagraph is repealed July 1, 2001.
1758	2.  The department may grant temporary licensure to an
1759	applicant who meets the requirements of subparagraph 1. Between
1760	meetings of the council, the department may grant temporary
1761	licensure to practice based on the completion of all temporary
1762	licensure requirements. All such administratively issued
1763	licenses shall be reviewed and acted on at the next regular
1764	meeting of the council. A temporary license expires 30 days
1765	after receipt and notice of scores to the licenseholder from the
1766	first available examination specified in subparagraph 1.
1767	following licensure by the department. An applicant who fails
1768	the proficiency examination is no longer temporarily licensed,
1769	but may apply for a one-time extension of temporary licensure
1770	after reapplying for the next available examination. Extended
1771	licensure shall expire upon failure of the licenseholder to sit
1772	for the next available examination or upon receipt and notice of
1773	scores to the licenseholder from such examination.
1774	3.  Notwithstanding any other provision of law, the
1775	examination specified pursuant to subparagraph 1. shall be
1776	administered by the department only five times. Applicants
1777	certified by the board for examination shall receive at least 6
1778	months' notice of eligibility prior to the administration of the
1779	initial examination. Subsequent examinations shall be
1780	administered at 1-year intervals following the reporting of the
1781	scores of the first and subsequent examinations. For the
1782	purposes of this paragraph, the department may develop, contract
1783	for the development of, purchase, or approve an examination that
1784	adequately measures an applicant's ability to practice with
1785	reasonable skill and safety. The minimum passing score on the
1786	examination shall be established by the department, with the
1787	advice of the board. Those applicants failing to pass that
1788	examination or any subsequent examination shall receive notice
1789	of the administration of the next examination with the notice of
1790	scores following such examination. Any applicant who passes the
1791	examination and meets the requirements of this section shall be
1792	licensed as a physician assistant with all rights defined
1793	thereby.
1794	(b)(c)  The license must be renewed biennially. Each
1795	renewal must include:
1796	1.  A renewal fee not to exceed $500 as set by the boards.
1797	2.  A sworn statement of no felony convictions in the
1798	previous 2 years.
1799	(c)(d)  Each licensed physician assistant shall biennially
1800	complete 100 hours of continuing medical education or shall hold
1801	a current certificate issued by the National Commission on
1802	Certification of Physician Assistants.
1803	(d)(e)  Upon employment as a physician assistant, a
1804	licensed physician assistant must notify the department in
1805	writing within 30 days after such employment or after any
1806	subsequent changes in the supervising physician. The
1807	notification must include the full name, Florida medical license
1808	number, specialty, and address of the supervising physician.
1809	(e)(f)  Notwithstanding subparagraph (a)2., the department
1810	may grant a temporary license to a recent graduate of an
1811	approved program, as specified in subsection (6), who expects to
1812	take the first examination administered by the National
1813	Commission on Certification of Physician Assistants available
1814	for registration after the applicant's graduation, a temporary
1815	license. The temporary license shall expire 1 year after the
1816	date of graduation 30 days after receipt of scores of the
1817	proficiency examination administered by the National Commission
1818	on Certification of Physician Assistants. Between meetings of
1819	the council, the department may grant a temporary license to
1820	practice pursuant to this subsection based on the completion of
1821	all temporary licensure requirements. All such administratively
1822	issued licenses shall be reviewed and acted on at the next
1823	regular meeting of the council. The recent graduate may be
1824	licensed prior to employment, but must comply with paragraph (d)
1825	(e). An applicant who has passed the National Commission on
1826	Certification of Physician Assistants proficiency examination
1827	may be granted permanent licensure. An applicant failing the
1828	proficiency examination is no longer temporarily licensed, but
1829	may reapply for a 1-year extension of temporary licensure. An
1830	applicant may not be granted more than two temporary licenses
1831	and may not be licensed as a physician assistant until he or she
1832	passes the examination administered by the National Commission
1833	on Certification of Physician Assistants. As prescribed by board
1834	rule, the council may require an applicant who does not pass the
1835	national licensing examination after five or more attempts to
1836	complete additional remedial education or training. The council
1837	shall prescribe the additional requirements in a manner that
1838	permits the applicant to complete the requirements and be
1839	reexamined within 2 years after the date the applicant petitions
1840	the council to retake the examination a sixth or subsequent
1841	time.
1842	(f)(g)  The Board of Medicine may impose any of the
1843	penalties authorized under ss. 456.072 and 458.331(2) upon a
1844	physician assistant if the physician assistant or the
1845	supervising physician has been found guilty of or is being
1846	investigated for any act that constitutes a violation of this
1847	chapter or chapter 456.
1848	Section 40.  Subsections (4) and (5) of section 459.008,
1849	Florida Statutes, are amended to read:
1850	459.008  Renewal of licenses and certificates.--
1851	(4)  The board shall, by rule, prescribe continuing
1852	education programs and courses, not to exceed 40 hours
1853	biennially, as a condition for renewal of a license. Such
1854	programs and courses must build on the basic educational
1855	requirements for licensure as an osteopathic physician and must
1856	be approved by the board. Notwithstanding any other provision of
1857	law, the board, by rule, may mandate specific continuing medical
1858	education requirements and may approve, by rule, alternative
1859	methods of obtaining continuing education credits, including,
1860	but not limited to, attending a board meeting at which another
1861	licensee is disciplined, serving as a volunteer expert witness
1862	for the department in a disciplinary case, and serving as a
1863	member of a probable cause panel following the expiration of a
1864	board member's term.
1865	(5)  Notwithstanding the provisions of s. 456.033, An
1866	osteopathic physician may complete continuing education on end-
1867	of-life and palliative care in lieu of continuing education in
1868	AIDS/HIV, if that physician has completed the AIDS/HIV
1869	continuing education in the immediately preceding biennium.
1870	Section 41.  Subsection (9) of section 459.015, Florida
1871	Statutes, is amended to read:
1872	459.015  Grounds for disciplinary action; action by the
1873	board and department.--
1874	(9)  When an investigation of an osteopathic physician is
1875	undertaken, the department shall promptly furnish to the
1876	osteopathic physician or his or her attorney a copy of the
1877	complaint or document which resulted in the initiation of the
1878	investigation. For purposes of this subsection, such documents
1879	include, but are not limited to: the pertinent portions of an
1880	annual report submitted to the department pursuant to s.
1881	395.0197(6); a report of an adverse incident which is provided
1882	to the department pursuant to s. 395.0197; a report of peer
1883	review disciplinary action submitted to the department pursuant
1884	to s. 395.0193(4) or s. 459.016, provided that the
1885	investigations, proceedings, and records relating to such peer
1886	review disciplinary action shall continue to retain their
1887	privileged status even as to the licensee who is the subject of
1888	the investigation, as provided by ss. 395.0193(8) and
1889	459.016(3); a report of a closed claim submitted pursuant to s.
1890	627.912; a presuit notice submitted pursuant to s. 766.106(2);
1891	and a petition brought under the Florida Birth-Related
1892	Neurological Injury Compensation Plan, pursuant to s.
1893	766.305(2). The osteopathic physician may submit a written
1894	response to the information contained in the complaint or
1895	document which resulted in the initiation of the investigation
1896	within 30 45 days after service to the osteopathic physician of
1897	the complaint or document. The osteopathic physician's written
1898	response shall be considered by the probable cause panel.
1899	Section 42.  Subsections (1), (2), and (5) of section
1900	459.021, Florida Statutes, are amended to read:
1901	459.021  Registration of resident physicians, interns, and
1902	fellows; list of hospital employees; penalty.--
1903	(1)  Any person who holds a degree of Doctor of Osteopathic
1904	Medicine from a college of osteopathic medicine recognized and
1905	approved by the American Osteopathic Association who desires to
1906	practice as a resident physician, assistant resident physician,
1907	house physician, intern, or fellow in fellowship training which
1908	leads to subspecialty board certification in this state, or any
1909	person desiring to practice as a resident physician, assistant
1910	resident physician, house physician, intern, or fellow in
1911	fellowship training in a teaching hospital in this state as
1912	defined in s. 408.07(44) or s. 395.805(2), who does not hold an
1913	active license issued under this chapter shall apply to the
1914	department to be registered, on an application provided by the
1915	department, no later than within 30 days prior to of commencing
1916	such a training program and shall remit a fee not to exceed $300
1917	as set by the board.
1918	(2)  Any person required to be registered under this
1919	section shall renew such registration annually and shall remit a
1920	renewal fee not to exceed $300 as set by the board. Such
1921	registration shall be terminated upon the registrant's receipt
1922	of an active license issued under this chapter. No person shall
1923	be registered under this section for an aggregate of more than 5
1924	years, unless additional years are approved by the board.
1925	(5)  It is a misdemeanor of the second degree, punishable
1926	as provided in s. 775.082 or s. 775.083, for any hospital or
1927	teaching hospital, and also for the superintendent,
1928	administrator, and other person or persons having administrative
1929	authority in such hospital to willfully:
1930	(a)  To Employ the services in such hospital of any person
1931	listed in subsection (3), unless such person is registered with
1932	the department under the law or the holder of a license to
1933	practice osteopathic medicine under this chapter.
1934	(b)  To Fail to furnish to the department the list and
1935	information required by subsection (3).
1936	Section 43.  Paragraph (d) of subsection (1) of section
1937	460.406, Florida Statutes, is amended to read:
1938	460.406  Licensure by examination.--
1939	(1)  Any person desiring to be licensed as a chiropractic
1940	physician shall apply to the department to take the licensure
1941	examination. There shall be an application fee set by the board
1942	not to exceed $100 which shall be nonrefundable. There shall
1943	also be an examination fee not to exceed $500 plus the actual
1944	per applicant cost to the department for purchase of portions of
1945	the examination from the National Board of Chiropractic
1946	Examiners or a similar national organization, which may be
1947	refundable if the applicant is found ineligible to take the
1948	examination. The department shall examine each applicant who the
1949	board certifies has:
1950	(d)1.  For an applicant who has matriculated in a
1951	chiropractic college prior to July 2, 1990, completed at least 2
1952	years of residence college work, consisting of a minimum of one-
1953	half the work acceptable for a bachelor's degree granted on the
1954	basis of a 4-year period of study, in a college or university
1955	accredited by an accrediting agency recognized and approved by
1956	the United States Department of Education. However, prior to
1957	being certified by the board to sit for the examination, each
1958	applicant who has matriculated in a chiropractic college after
1959	July 1, 1990, shall have been granted a bachelor's degree, based
1960	upon 4 academic years of study, by a college or university
1961	accredited by a regional accrediting agency which is a member of
1962	the Council for Higher Education Accreditation or the United
1963	States Department of Education, or by their successor
1964	organizations Commission on Recognition of Postsecondary
1965	Accreditation.
1966	2.  Effective July 1, 2000, completed, prior to
1967	matriculation in a chiropractic college, at least 3 years of
1968	residence college work, consisting of a minimum of 90 semester
1969	hours leading to a bachelor's degree in a liberal arts college
1970	or university accredited by an accrediting agency recognized and
1971	approved by the United States Department of Education. However,
1972	prior to being certified by the board to sit for the
1973	examination, each applicant who has matriculated in a
1974	chiropractic college after July 1, 2000, shall have been granted
1975	a bachelor's degree from an institution holding accreditation
1976	for that degree from a regional accrediting agency which is
1977	recognized by the United States Department of Education. The
1978	applicant's chiropractic degree must consist of credits earned
1979	in the chiropractic program and may not include academic credit
1980	for courses from the bachelor's degree.
1981	Section 44.  Subsection (5) of section 460.413, Florida
1982	Statutes, is amended to read:
1983	460.413  Grounds for disciplinary action; action by board
1984	or department.--
1985	(5)  When an investigation of a chiropractic physician is
1986	undertaken, the department shall promptly furnish to the
1987	chiropractic physician or her or his attorney a copy of the
1988	complaint or document which resulted in the initiation of the
1989	investigation. The chiropractic physician may submit a written
1990	response to the information contained in such complaint or
1991	document within 30 45 days after service to the chiropractic
1992	physician of the complaint or document. The chiropractic
1993	physician's written response shall be considered by the probable
1994	cause panel.
1995	Section 45.  Subsection (6) of section 461.013, Florida
1996	Statutes, is amended to read:
1997	461.013  Grounds for disciplinary action; action by the
1998	board; investigations by department.--
1999	(6)  When an investigation of a podiatric physician is
2000	undertaken, the department shall promptly furnish to the
2001	podiatric physician or her or his attorney a copy of the
2002	complaint or document which resulted in the initiation of the
2003	investigation. The podiatric physician may submit a written
2004	response to the information contained in such complaint or
2005	document within 30 45 days after service to the podiatric
2006	physician of the complaint or document. The podiatric
2007	physician's written response shall be considered by the probable
2008	cause panel.
2009	Section 46.  Paragraph (b) of subsection (1) of section
2010	463.006, Florida Statutes, is amended to read:
2011	463.006  Licensure and certification by examination.--
2012	(1)  Any person desiring to be a licensed practitioner
2013	pursuant to this chapter shall apply to the department to take
2014	the licensure and certification examinations. The department
2015	shall examine each applicant who the board determines has:
2016	(b)  Submitted proof satisfactory to the department that
2017	she or he:
2018	1.  Is at least 18 years of age.
2019	2.  Has graduated from an accredited school or college of
2020	optometry approved by rule of the board.
2021	3.  Is of good moral character.
2022	4.  Has successfully completed at least 110 hours of
2023	transcript-quality coursework and clinical training in general
2024	and ocular pharmacology as determined by the board, at an
2025	institution that:
2026	a.  Has facilities for both didactic and clinical
2027	instructions in pharmacology.; and
2028	b.  Is accredited by a regional or professional accrediting
2029	organization that is recognized and approved by the Council for
2030	Higher Education Commission on Recognition of Postsecondary
2031	Accreditation or the United States Department of Education, or
2032	by their successor organizations.
2033	5.  Has completed at least 1 year of supervised experience
2034	in differential diagnosis of eye disease or disorders as part of
2035	the optometric training or in a clinical setting as part of the
2036	optometric experience.
2037	Section 47.  Paragraph (a) of subsection (4) of section
2038	464.0205, Florida Statutes, is amended to read:
2039	464.0205  Retired volunteer nurse certificate.--
2040	(4)  A retired volunteer nurse receiving certification from
2041	the board shall:
2042	(a)  Work under the direct supervision of the director of a
2043	county health department, a physician working under a limited
2044	license issued pursuant to s. 458.315 458.317 or s. 459.0075, a
2045	physician licensed under chapter 458 or chapter 459, an advanced
2046	registered nurse practitioner certified under s. 464.012, or a
2047	registered nurse licensed under s. 464.008 or s. 464.009.
2048	Section 48.  Subsection (6) is added to section 464.201,
2049	Florida Statutes, to read:
2050	464.201  Definitions.--As used in this part, the term:
2051	(6)  "Practice of a certified nursing assistant" means
2052	providing care and assisting persons with tasks relating to the
2053	activities of daily living. Such tasks are those associated with
2054	personal care, maintaining mobility, nutrition and hydration,
2055	toileting and elimination, assistive devices, safety and
2056	cleanliness, data gathering, reporting abnormal signs and
2057	symptoms, postmortem care, patient socialization and reality
2058	orientation, end-of-life care, cardiopulmonary resuscitation and
2059	emergency care, residents' or patients' rights, documentation of
2060	nursing assistant services, and other tasks that a certified
2061	nurse assistant may perform after training beyond that required
2062	for initial certification and upon validation of competence in
2063	that skill by a registered nurse. This subsection does not
2064	restrict the ability of any person who is otherwise trained and
2065	educated from performing such tasks.
2066	Section 49.  Section 464.202, Florida Statutes, is amended
2067	to read:
2068	464.202  Duties and powers of the board.--The board shall
2069	maintain, or contract with or approve another entity to
2070	maintain, a state registry of certified nursing assistants. The
2071	registry must consist of the name of each certified nursing
2072	assistant in this state; other identifying information defined
2073	by board rule; certification status; the effective date of
2074	certification; other information required by state or federal
2075	law; information regarding any crime or any abuse, neglect, or
2076	exploitation as provided under chapter 435; and any disciplinary
2077	action taken against the certified nursing assistant. The
2078	registry shall be accessible to the public, the
2079	certificateholder, employers, and other state agencies. The
2080	board shall adopt by rule testing procedures for use in
2081	certifying nursing assistants and shall adopt rules regulating
2082	the practice of certified nursing assistants which specify the
2083	scope of practice authorized and level of supervision required
2084	for the practice of certified nursing assistants to enforce this
2085	part. The board may contract with or approve another entity or
2086	organization to provide the examination services, including the
2087	development and administration of examinations. The board shall
2088	require that the contract provider offer certified nursing
2089	assistant applications via the Internet, and may require the
2090	contract provider to accept certified nursing assistant
2091	applications for processing via the Internet. The board shall
2092	require the contract provider to provide the preliminary results
2093	of the certified nursing examination on the date the test is
2094	administered. The provider shall pay all reasonable costs and
2095	expenses incurred by the board in evaluating the provider's
2096	application and performance during the delivery of services,
2097	including examination services and procedures for maintaining
2098	the certified nursing assistant registry.
2099	Section 50.  Subsections (1), (5), and (7) of section
2100	464.203, Florida Statutes, are amended, and subsection (8) is
2101	added to said section, to read:
2102	464.203  Certified nursing assistants; certification
2103	requirement.--
2104	(1)  The board shall issue a certificate to practice as a
2105	certified nursing assistant to any person who demonstrates a
2106	minimum competency to read and write and successfully passes the
2107	required statewide criminal screening through the Department of
2108	Law Enforcement, including Level I screening pursuant to chapter
2109	435 or, if the applicant has not maintained continuous residency
2110	within the state for 5 years immediately preceding the date of
2111	application, Level II screening which includes a fingerprint
2112	check through the Department of Law Enforcement and the Federal
2113	Bureau of Investigation pursuant to chapter 435, Level I or
2114	Level II screening pursuant to s. 400.215 and meets one of the
2115	following requirements:
2116	(a)  Has successfully completed an approved training
2117	program and achieved a minimum score, established by rule of the
2118	board, on the nursing assistant competency examination, which
2119	consists of a written portion and skills-demonstration portion
2120	approved by the board and administered at a site and by
2121	personnel approved by the department.
2122	(b)  Has achieved a minimum score, established by rule of
2123	the board, on the nursing assistant competency examination,
2124	which consists of a written portion and skills-demonstration
2125	portion, approved by the board and administered at a site and by
2126	personnel approved by the department and:
2127	1.  Has a high school diploma, or its equivalent; or
2128	2.  Is at least 18 years of age.
2129	(c)  Is currently certified in another state; is listed on
2130	that state's certified nursing assistant registry; and has not
2131	been found to have committed abuse, neglect, or exploitation in
2132	that state.
2133	(d)  Has completed the curriculum developed under the
2134	Enterprise Florida Jobs and Education Partnership Grant and
2135	achieved a minimum score, established by rule of the board, on
2136	the nursing assistant competency examination, which consists of
2137	a written portion and skills-demonstration portion, approved by
2138	the board and administered at a site and by personnel approved
2139	by the department.
2140	(5)  Certification as a nursing assistant, in accordance
2141	with this part, may be renewed continues in effect until such
2142	time as the nursing assistant allows a period of 24 consecutive
2143	months to pass during which period the nursing assistant fails
2144	to perform any nursing-related services for monetary
2145	compensation. When a nursing assistant fails to perform any
2146	nursing-related services for monetary compensation for a period
2147	of 24 consecutive months, the nursing assistant must complete a
2148	new training and competency evaluation program or a new
2149	competency evaluation program.
2150	(7)  A certified nursing assistant shall complete 12 18
2151	hours of inservice training during each calendar year. The
2152	certified nursing assistant shall be responsible for maintaining
2153	documentation demonstrating compliance with these provisions.
2154	The Council on Certified Nursing Assistants, in accordance with
2155	s. 464.2085(2)(b), shall propose rules to implement this
2156	subsection.
2157	(8)  The department shall renew a certificate upon receipt
2158	of the renewal application and imposition of a fee of not less
2159	than $20 and not more than $50 biennially. The department shall
2160	adopt rules establishing a procedure for the biennial renewal of
2161	certificates. Any certificate not renewed by July 1, 2006, is
2162	void.
2163	Section 51.  Paragraph (b) of subsection (1) of section
2164	464.204, Florida Statutes, is amended to read:
2165	464.204  Denial, suspension, or revocation of
2166	certification; disciplinary actions.--
2167	(1)  The following acts constitute grounds for which the
2168	board may impose disciplinary sanctions as specified in
2169	subsection (2):
2170	(b)  Intentionally Violating any provision of parts I and
2171	II of this chapter, chapter 456, or the rules adopted by the
2172	board.
2173	Section 52.  Subsection (2) of section 465.0075, Florida
2174	Statutes, is amended to read:
2175	465.0075  Licensure by endorsement; requirements; fee.--
2176	(2)  An applicant licensed in another state for a period in
2177	excess of 2 years from the date of application for licensure in
2178	this state shall submit a total of at least 30 hours of board-
2179	approved continuing education for the 24 months 2 calendar years
2180	immediately preceding application.
2181	Section 53.  Section 465.018, Florida Statutes, is amended
2182	to read:
2183	465.018  Community pharmacies; permits.--
2184	(1)  Any person desiring a permit to operate a community
2185	pharmacy shall apply to the department. Permits shall be issued
2186	only to persons of good moral character who are not less than 21
2187	years of age. Permits to corporations shall be issued only to
2188	corporations whose officers are of good moral character and not
2189	less than 21 years of age. No permit shall be issued to any
2190	person who has been convicted of, or pleaded guilty or nolo
2191	contendere to regardless of adjudication, within the past 15
2192	years, any felony relating to the practice of pharmacy in this
2193	state or any other state or the United States, or to a
2194	corporation, any of the officers of which shall have been so
2195	convicted.
2196	(2)  If the board office certifies that the application
2197	complies with the laws of the state and the rules of the board
2198	governing pharmacies, the department shall issue the permit. No
2199	permit shall be issued unless a licensed pharmacist is
2200	designated as the prescription department manager responsible
2201	for maintaining all drug records, providing for the security of
2202	the prescription department, and following such other rules as
2203	relate to the practice of the profession of pharmacy. The
2204	permittee and the newly designated prescription department
2205	manager shall notify the department within 10 days of any change
2206	in prescription department manager.
2207	(3)  The department may suspend or revoke the permit of, or
2208	may refuse to issue a permit to:
2209	(a)  Any person, firm, or corporation the permit of which
2210	has been disciplined or abandoned or has become void after
2211	written notice that disciplinary proceedings had been or would
2212	be brought against the permit;
2213	(b)  Any corporation if an officer, director, or person
2214	interested directly or indirectly in the corporation has had her
2215	or his permit disciplined, abandoned, or has become void after
2216	written notice that disciplinary proceedings had been or would
2217	be brought against his or her permit; or
2218	(c)  Any person who is or has been an officer of a
2219	corporation, or who was interested directly or indirectly in a
2220	corporation, the permit of which has been disciplined,
2221	abandoned, or has become void after written notice that
2222	disciplinary proceedings had been or would be brought against
2223	the license.
2224	(4)(a)  An applicant for initial licensure must submit a
2225	set of fingerprints to the Department of Health for each of the
2226	persons owning more than 5 percent of the proposed permit or, in
2227	the case of a corporation, the officers of the corporation. For
2228	corporations with over $100 million of assets in Florida, the
2229	department may, as an alternative, require a set of the
2230	fingerprints of up to five corporate officers who are involved
2231	in the management and operation of the pharmacy. A requirement
2232	that fingerprints of a corporate officer be submitted may be
2233	satisfied when those fingerprints are on file with a state
2234	agency and available to the department. The application must be
2235	accompanied by payment of the costs incurred by the department
2236	for the criminal history checks.
2237	(b)  The Department of Health shall submit the fingerprints
2238	provided by an applicant for initial licensure to the Department
2239	of Law Enforcement for a statewide criminal history check, and
2240	the Department of Law Enforcement shall forward the fingerprints
2241	to the Federal Bureau of Investigation for a national criminal
2242	history check of the applicant.
2243	Section 54.  Subsections (2) and (5) of section 465.025,
2244	Florida Statutes, are amended, and subsections (6) through (8)
2245	are renumbered as subsections (5) through (7), respectively, to
2246	read:
2247	465.025  Substitution of drugs.--
2248	(2)  A pharmacist who receives a prescription for a brand
2249	name drug shall, unless requested otherwise by the purchaser,
2250	substitute a less expensive, generically equivalent drug product
2251	that is:
2252	(a)  distributed by a business entity doing business, and
2253	subject to suit and service of legal process, in the United
2254	States; and
2255	(b)  Listed in the formulary of generic and brand name drug
2256	products as provided in subsection (5) for the brand name drug
2257	prescribed,
2258
2259	unless the prescriber writes the words "MEDICALLY NECESSARY," in
2260	her or his own handwriting, on the face of a written
2261	prescription or unless, in the case of an electronically
2262	transmitted prescription, the prescriber indicates in the
2263	transmitted prescription that the brand name drug is medically
2264	necessary or, in the case of an oral prescription, the
2265	prescriber expressly indicates to the pharmacist that the brand
2266	name drug prescribed is medically necessary.
2267	(5)  Each community pharmacy shall establish a formulary of
2268	generic and brand name drug products which, if selected as the
2269	drug product of choice, would not pose a threat to the health
2270	and safety of patients receiving prescription medication. In
2271	compiling the list of generic and brand name drug products for
2272	inclusion in the formulary, the pharmacist shall rely on drug
2273	product research, testing, information, and formularies compiled
2274	by other pharmacies, by states, by the United States Department
2275	of Health, Education, and Welfare, by the United States
2276	Department of Health and Human Services, or by any other source
2277	which the pharmacist deems reliable. Each community pharmacy
2278	shall make such formulary available to the public, the Board of
2279	Pharmacy, or any physician requesting same. This formulary shall
2280	be revised following each addition, deletion, or modification of
2281	said formulary.
2282	Section 55.  Subsection (1) of section 465.0251, Florida
2283	Statutes, is amended to read:
2284	465.0251  Generic drugs; removal from formulary under
2285	specified circumstances.--
2286	(1)  The Board of Pharmacy and the Board of Medicine shall
2287	remove any generic named drug product from the formulary
2288	established by s. 465.025(5)(6), if every commercially marketed
2289	equivalent of that drug product is "A" rated as therapeutically
2290	equivalent to a reference listed drug or is a reference listed
2291	drug as referred to in "Approved Drug Products with Therapeutic
2292	Equivalence Evaluations" (Orange Book) published by the United
2293	States Food and Drug Administration.
2294	Section 56.  Section 465.0255, Florida Statutes, is amended
2295	to read:
2296	465.0255  Expiration date of medicinal drugs; display;
2297	related use and storage instructions.--
2298	(1)  The manufacturer, repackager, or other distributor of
2299	any medicinal drug shall display the expiration date of each
2300	drug in a readable fashion on the container and on its
2301	packaging. The term "readable" means conspicuous and bold.
2302	(2)  Each pharmacist for a community pharmacy dispensing
2303	medicinal drugs and each practitioner dispensing medicinal drugs
2304	on an outpatient basis shall display on the outside of the
2305	container of each medicinal drug dispensed, or in other written
2306	form delivered to the purchaser:,
2307	(a)  The expiration date when provided by the manufacturer,
2308	repackager, or other distributor of the drug; or and
2309	(b)  An earlier beyond-use date for expirations, which may
2310	be up to 1 year after the date of dispensing.
2311
2312	The dispensing pharmacist or practitioner must provide
2313	information concerning the expiration date to the purchaser upon
2314	request and must provide appropriate instructions regarding the
2315	proper use and storage of the drug.
2316	(3)  Nothing in This section does not shall impose
2317	liability on the dispensing pharmacist or practitioner for
2318	damages related to, or caused by, a medicinal drug that loses
2319	its effectiveness prior to the expiration date displayed by the
2320	dispensing pharmacist or practitioner.
2321	(4)(3)  The provisions of this section are intended to
2322	notify the patient receiving a medicinal drug of the information
2323	required by this section, and the dispensing pharmacist or
2324	practitioner shall not be liable for the patient's failure to
2325	heed such notice or to follow the instructions for storage.
2326	Section 57.  Subsection (4) of section 465.0265, Florida
2327	Statutes, is renumbered as subsection (8), and new subsections
2328	(4), (5), (6), and (7) are added to said section, to read:
2329	465.0265  Centralized prescription filling.--
2330	(4)  A pharmacy that performs centralized prescription
2331	filling services may not mail or otherwise deliver a filled
2332	prescription directly to a patient or individual practitioner if
2333	the prescription was filled on behalf of another. The filled
2334	prescription must be transported to the originating pharmacy for
2335	dispensing.
2336	(5)  A central fill pharmacy may only prepare prescriptions
2337	on behalf of pharmacies with which it has a contractual
2338	agreement to provide such services, or with which it shares a
2339	common owner. The central fill pharmacy is required to keep a
2340	list of pharmacies for which it has agreed to provide such
2341	services and must verity the Drug Enforcement Administration
2342	registration of any pharmacy with which it conducts business
2343	prior to sending or receiving controlled substance
2344	prescriptions.
2345	(6)  Pharmacies shall keep a list of those central fill
2346	pharmacies permitted to prepare prescriptions on their behalf
2347	and verify that they are Drug Enforcement Administration
2348	registrants.
2349	(7)  A central fill pharmacy shall comply with the same
2350	security requirements applicable to pharmacies, including the
2351	general requirement to maintain effective controls and
2352	procedures to guard against theft and diversion of controlled
2353	substances.
2354	Section 58.  Paragraph (a) of subsection (3) of section
2355	466.007, Florida Statutes, is amended to read:
2356	466.007  Examination of dental hygienists.--
2357	(3)  A graduate of a dental college or school shall be
2358	entitled to take the examinations required in this section to
2359	practice dental hygiene in this state if, in addition to the
2360	requirements specified in subsection (2), the graduate meets the
2361	following requirements:
2362	(a)  Submits the following credentials for review by the
2363	board:
2364	1.  Transcripts totaling 4 academic years of postsecondary
2365	dental education of predental education and dental education
2366	totaling 5 academic years of postsecondary education, including
2367	4 academic years of dental education; and
2368	2.  A dental school diploma which is comparable to a D.D.S.
2369	or D.M.D.
2370
2371	Such credentials shall be submitted in a manner provided by rule
2372	of the board. The board shall approve those credentials which
2373	comply with this paragraph and with rules of the board adopted
2374	pursuant to this paragraph. The provisions of this paragraph
2375	notwithstanding, an applicant of a foreign dental college or
2376	school not accredited in accordance with s. 466.006(2)(b) who
2377	cannot produce the credentials required by this paragraph, as a
2378	result of political or other conditions in the country in which
2379	the applicant received his or her education, may seek the
2380	board's approval of his or her educational background by
2381	submitting, in lieu of the credentials required in this
2382	paragraph, such other reasonable and reliable evidence as may be
2383	set forth by board rule. The board shall not accept such other
2384	evidence until it has made a reasonable attempt to obtain the
2385	credentials required by this paragraph from the educational
2386	institutions the applicant is alleged to have attended, unless
2387	the board is otherwise satisfied that such credentials cannot be
2388	obtained.
2389	Section 59.  Paragraph (c) of subsection (1) of section
2390	466.0135, Florida Statutes, is redesignated as paragraph (d),
2391	and a new paragraph (c) is added to said subsection, to read:
2392	466.0135  Continuing education; dentists.--
2393	(1)  In addition to the other requirements for renewal set
2394	out in this chapter, each licensed dentist shall be required to
2395	complete biennially not less than 30 hours of continuing
2396	professional education in dental subjects. Programs of
2397	continuing education shall be programs of learning that
2398	contribute directly to the dental education of the dentist and
2399	may include, but shall not be limited to, attendance at
2400	lectures, study clubs, college postgraduate courses, or
2401	scientific sessions of conventions; and research, graduate
2402	study, teaching, or service as a clinician. Programs of
2403	continuing education shall be acceptable when adhering to the
2404	following general guidelines:
2405	(c)  In addition to subsection (b), the board may authorize
2406	up to 2 hours of continuing education credit for a course on
2407	practice management that includes, but is not limited to,
2408	principles of ethical practice management, provider substance
2409	abuse, effective communications with patients, time management,
2410	and burn out prevention.
2411	Section 60.  Section 466.021, Florida Statutes, is amended
2412	to read:
2413	466.021  Employment of unlicensed persons by dentist;
2414	penalty.--Every duly licensed dentist who uses the services of
2415	any unlicensed person for the purpose of constructing, altering,
2416	repairing, or duplicating any denture, partial denture, bridge
2417	splint, or orthodontic or prosthetic appliance shall be required
2418	to furnish such unlicensed person with a written work order in
2419	such form as prescribed by rule of the board. This form shall be
2420	dated and signed by such dentist and shall include the patient's
2421	name or number with sufficient descriptive information to
2422	clearly identify the case for each separate and individual piece
2423	of work. A copy of such work order shall be retained in a
2424	permanent file in the dentist's office for a period of 4 2
2425	years, and the original work order shall be retained in a
2426	permanent file for a period of 4 2 years by such unlicensed
2427	person in her or his place of business. Such permanent file of
2428	work orders to be kept by such dentist or by such unlicensed
2429	person shall be open to inspection at any reasonable time by the
2430	department or its duly constituted agent. Failure of the dentist
2431	to keep such permanent records of such work orders shall subject
2432	the dentist to suspension or revocation of her or his license to
2433	practice dentistry. Failure of such unlicensed person to have in
2434	her or his possession a work order as required by this section
2435	shall be admissible evidence of a violation of this chapter and
2436	shall constitute a misdemeanor of the second degree, punishable
2437	as provided in s. 775.082 or s. 775.083. Nothing in this section
2438	shall preclude a registered dental laboratory from working for
2439	another registered dental laboratory, provided that such work is
2440	performed pursuant to written authorization, in a form to be
2441	prescribed by rule of the board, which evidences that the
2442	originating laboratory has obtained a valid work order and which
2443	sets forth the work to be performed. Furthermore, nothing in
2444	this section shall preclude a registered laboratory from
2445	providing its services to dentists licensed and practicing in
2446	another state, provided that such work is requested or otherwise
2447	authorized in written form which clearly identifies the name and
2448	address of the requesting dentist and which sets forth the work
2449	to be performed.
2450	Section 61.  Subsection (8) of section 467.009, Florida
2451	Statutes, is amended to read:
2452	467.009  Midwifery programs; education and training
2453	requirements.--
2454	(8)  Nonpublic educational institutions that conduct
2455	approved midwifery programs shall be accredited by an
2456	accrediting agency recognized and approved by the Council for
2457	Higher Education Accreditation or the United States Department
2458	of Education, or by their successor organizations, a member of
2459	the Commission on Recognition of Postsecondary Accreditation and
2460	shall be licensed by the Commission for Independent State Board
2461	of Nonpublic Career Education.
2462	Section 62.  Section 467.013, Florida Statutes, is amended
2463	to read:
2464	467.013  Inactive status.--A licensee may request that his
2465	or her license be placed in an inactive status by making
2466	application to the department pursuant to department rule and
2467	paying a fee.
2468	(1)  An inactive license may be renewed for one additional
2469	biennium upon application to the department and payment of the
2470	applicable biennium renewal fee. The department shall establish
2471	by rule procedures and fees for applying to place a license on
2472	inactive status, renewing an inactive license, and reactivating
2473	an inactive license. The fee for any of these procedures may not
2474	exceed the biennial renewal fee established by the department.
2475	(2)  Any license that is not renewed by the end of the
2476	biennium established by the department automatically reverts to
2477	involuntary inactive status unless the licensee has applied for
2478	voluntary inactive status. Such license may be reactivated only
2479	if the licensee meets the requirements for reactivating the
2480	license established by department rule.
2481	(3)  A midwife who desires to reactivate an inactive
2482	license shall apply to the department, complete the reactivation
2483	application, remit the applicable fees, and submit proof of
2484	compliance with the requirements for continuing education
2485	established by department rule.
2486	(4)  Each licensed midwife whose license has been placed on
2487	inactive status for more than 1 year must complete continuing
2488	education hours as a condition of reactivating the inactive
2489	license.
2490	(5)  The licensee shall submit to the department evidence
2491	of participation in 10 hours of continuing education, approved
2492	by the department and clinically related to the practice of
2493	midwifery, for each year of the biennium in which the license
2494	was inactive. This requirement is in addition to submitting
2495	evidence of completing the continuing education required for the
2496	most recent biennium in which the licensee held an active
2497	license.
2498	Section 63.  Section 467.0135, Florida Statutes, is amended
2499	to read:
2500	467.0135  Fees.--The department shall establish fees for
2501	application, examination, initial licensure, renewal of active
2502	status licensure, licensure by endorsement, inactive status,
2503	delinquent status, and reactivation of an inactive status
2504	license. The appropriate fee must be paid at the time of
2505	application and is payable to the Department of Health, in
2506	accordance with rules adopted by the department. A fee is
2507	nonrefundable, unless otherwise provided by rule. A fee may not
2508	exceed:
2509	(1)  Five hundred dollars for examination.
2510	(1)(2)  Five hundred dollars for initial licensure.
2511	(2)(3)  Five hundred dollars for renewal of an active
2512	status license licensure.
2513	(3)(4)  Two hundred dollars for application, which fee is
2514	nonrefundable.
2515	(4)(5)  Five hundred dollars for renewal reactivation of an
2516	inactive status license.
2517	(5)(6)  Five hundred dollars for licensure by endorsement.
2518
2519	A fee for inactive status, reactivation of an inactive status
2520	license, or delinquency may not exceed the fee established by
2521	the department for biennial renewal of an active status license.
2522	All fees collected under this section shall be deposited in the
2523	Medical Quality Assurance Trust Fund.
2524	Section 64.  Subsection (1) of section 467.017, Florida
2525	Statutes, is amended to read:
2526	467.017  Emergency care plan; immunity.--
2527	(1)  Every licensed midwife shall develop a written plan
2528	for the appropriate delivery of emergency care. A copy of the
2529	plan shall accompany any application for license issuance and
2530	must be made available upon request of the department or
2531	renewal. The plan shall address the following:
2532	(a)  Consultation with other health care providers.
2533	(b)  Emergency transfer.
2534	(c)  Access to neonatal intensive care units and
2535	obstetrical units or other patient care areas.
2536	Section 65.  Paragraph (b) of subsection (3) of section
2537	468.1155, Florida Statutes, is amended to read:
2538	468.1155  Provisional license; requirements.--
2539	(3)  The department shall issue a provisional license to
2540	practice audiology to each applicant who the board certifies
2541	has:
2542	(b)  Received a master's degree or is currently enrolled in
2543	a doctoral degree program with a major emphasis in audiology
2544	from an institution of higher learning which is, or at the time
2545	the applicant was enrolled and graduated was, accredited by an
2546	accrediting agency recognized by the Council for Higher
2547	Education Accreditation or the United States Department of
2548	Education, or by their successor organizations, or from an
2549	institution which is a member in good standing with the
2550	Association of Universities and Colleges of Canada. An applicant
2551	who graduated from or is currently enrolled in a program at a
2552	university or college outside the United States or Canada must
2553	present documentation of the determination of equivalency to
2554	standards established by the Council for Higher Education
2555	Accreditation in order to qualify. The applicant must have
2556	completed 60 semester hours that include:
2557	1.  Fundamental information applicable to the normal
2558	development and use of speech, hearing, and language;
2559	information about training in management of speech, hearing, and
2560	language disorders; and information supplementary to these
2561	fields.
2562	2.  Six semester hours in speech-language pathology.
2563	3.  Thirty of the required 60 semester hours in courses
2564	acceptable toward a graduate degree by the college or university
2565	in which these courses were taken, of which 24 semester hours
2566	must be in audiology.
2567	Section 66.  Section 468.352, Florida Statutes, is amended
2568	to read:
2569	(Substantial rewording of section. See
2570	s. 468.352, F.S., for present text.)
2571	468.352  Definitions.--As used in this part, the term:
2572	(1)  "Board" means the Board of Respiratory Care.
2573	(2)  "Certified respiratory therapist" means any person
2574	licensed pursuant to this part who is certified by the National
2575	Board for Respiratory Care or its successor; who is employed to
2576	deliver respiratory care services under the order of a physician
2577	licensed pursuant to chapter 458 or chapter 459, in accordance
2578	with protocols established by a hospital or other health care
2579	provider or the board; and who functions in situations of
2580	unsupervised patient contact requiring individual judgment.
2581	(3)  "Critical care" means care given to a patient in any
2582	setting involving a life-threatening emergency.
2583	(4)  "Department" means the Department of Health.
2584	(5)  "Direct supervision" means practicing under the
2585	direction of a licensed, registered, or certified respiratory
2586	therapist who is physically on the premises and readily
2587	available, as defined by the board.
2588	(6)  "Physician supervision" means supervision and control
2589	by a physician licensed under chapter 458 or chapter 459 who
2590	assumes the legal liability for the services rendered by the
2591	personnel employed in his or her office. Except in the case of
2592	an emergency, physician supervision requires the easy
2593	availability of the physician within the office or the physical
2594	presence of the physician for consultation and direction of the
2595	actions of the persons who deliver respiratory care services.
2596	(7)  "Practice of respiratory care" or "respiratory
2597	therapy" means the allied health specialty associated with the
2598	cardiopulmonary system that is practiced under the orders of a
2599	physician licensed under chapter 458 or chapter 459 and in
2600	accordance with protocols, policies, and procedures established
2601	by a hospital or other health care provider or the board,
2602	including the assessment, diagnostic evaluation, treatment,
2603	management, control, rehabilitation, education, and care of
2604	patients in all care settings.
2605	(8)  "Registered respiratory therapist" means any person
2606	licensed under this part who is registered by the National Board
2607	for Respiratory Care or its successor; who is employed to
2608	deliver respiratory care services under the order of a physician
2609	licensed under chapter 458 or chapter 459, in accordance with
2610	protocols established by a hospital or other health care
2611	provider or the board; and who functions in situations of
2612	unsupervised patient contact requiring individual judgment.
2613	(9)  "Respiratory care practitioner" means any person
2614	licensed under this part who is employed to deliver respiratory
2615	care services, under direct supervision, pursuant to the order
2616	of a physician licensed under chapter 458 or chapter 459.
2617	(10)  "Respiratory care services" includes:
2618	(a)  Evaluation and disease management.
2619	(b)  Diagnostic and therapeutic use of respiratory
2620	equipment, devices, or medical gas.
2621	(c)  Administration of drugs, as duly ordered or prescribed
2622	by a physician licensed under chapter 458 or chapter 459 and in
2623	accordance with protocols, policies, and procedures established
2624	by a hospital or other health care provider or the board.
2625	(d)  Initiation, management, and maintenance of equipment
2626	to assist and support ventilation and respiration.
2627	(e)  Diagnostic procedures, research, and therapeutic
2628	treatment and procedures, including measurement of ventilatory
2629	volumes, pressures, and flows; specimen collection and analysis
2630	of blood for gas transport and acid/base determinations;
2631	pulmonary function testing; and other related physiological
2632	monitoring of cardiopulmonary systems.
2633	(f)  Cardiopulmonary rehabilitation.
2634	(g)  Cardiopulmonary resuscitation, advanced cardiac life
2635	support, neonatal resuscitation, and pediatric advanced life
2636	support, or equivalent functions.
2637	(h)  Insertion and maintenance of artificial airways and
2638	intravascular catheters.
2639	(i)  Education of patients, families, the public, or other
2640	health care providers, including disease process and management
2641	programs and smoking prevention and cessation programs.
2642	(j)  Initiation and management of hyperbaric oxygen.
2643	Section 67.  Section 468.355, Florida Statutes, is amended
2644	to read:
2645	(Substantial rewording of section. See
2646	s. 468.355, F.S., for present text.)
2647	468.355  Licensure requirements.--To be eligible for
2648	licensure by the board, an applicant must be an active certified
2649	respiratory therapist or an active registered respiratory
2650	therapist as designated by the National Board for Respiratory
2651	Care or its successor.
2652	Section 68.  Section 468.368, Florida Statutes, is amended
2653	to read:
2654	(Substantial rewording of section. See
2655	s. 468.368, F.S., for present text.)
2656	468.368  Exemptions.--This part may not be construed to
2657	prevent or restrict the practice, service, or activities of:
2658	(1)  Any person licensed in this state by any other law
2659	from engaging in the profession or occupation for which he or
2660	she is licensed.
2661	(2)  Any legally qualified person in this state or another
2662	state or territory who is employed by the United States
2663	Government or any agency thereof, while such person is
2664	discharging his or her official duties.
2665	(3)  A friend or family member who is providing respiratory
2666	care services to an ill person and who does not represent
2667	himself or herself as a respiratory care practitioner or
2668	respiratory therapist.
2669	(4)  An individual providing respiratory care services in
2670	an emergency who does not represent himself or herself as a
2671	respiratory care practitioner or respiratory therapist.
2672	(5)  Any individual employed to deliver, assemble, set up,
2673	or test equipment for use in a home, upon the order of a
2674	physician licensed pursuant to chapter 458 or chapter 459. This
2675	subsection does not authorize the practice of respiratory care
2676	without a license.
2677	(6)  Any individual certified or registered as a pulmonary
2678	function technologist who is credentialed by the National Board
2679	for Respiratory Care for performing cardiopulmonary diagnostic
2680	studies.
2681	(7)  Any student who is enrolled in an accredited
2682	respiratory care program approved by the board, while performing
2683	respiratory care as an integral part of a required course.
2684	(8)  A surrogate family member who is delivering incidental
2685	respiratory care to a noninstitutionalized person and who does
2686	not represent himself or herself as a respiratory care
2687	practitioner or respiratory therapist.
2688	(9)  Any individual credentialed by the Underseas
2689	Hyperbaric Society in hyperbaric medicine or its equivalent, as
2690	determined by the board, while performing related duties. This
2691	subsection does not authorize the practice of respiratory care
2692	without a license.
2693	Section 69.  Paragraph (a) of subsection (2) of section
2694	468.509, Florida Statutes, is amended to read:
2695	468.509  Dietitian/nutritionist; requirements for
2696	licensure.--
2697	(2)  The agency shall examine any applicant who the board
2698	certifies has completed the application form and remitted the
2699	application and examination fees specified in s. 468.508 and
2700	who:
2701	(a)1.  Possesses a baccalaureate or postbaccalaureate
2702	degree with a major course of study in human nutrition, food and
2703	nutrition, dietetics, or food management, or an equivalent major
2704	course of study, from a school or program accredited, at the
2705	time of the applicant's graduation, by the appropriate
2706	accrediting agency recognized by the Council for Higher
2707	Education Commission on Recognition of Postsecondary
2708	Accreditation or and the United States Department of Education,
2709	or by their successor organizations; and
2710	2.  Has completed a preprofessional experience component of
2711	not less than 900 hours or has education or experience
2712	determined to be equivalent by the board; or
2713	Section 70.  Section 468.707, Florida Statutes, is amended
2714	to read:
2715	468.707  Licensure by examination; requirements.--
2716	(1)  Any person desiring to be licensed as an athletic
2717	trainer shall apply to the department on a form approved by the
2718	department.
2719	(1)(a)  The department shall license each applicant who:
2720	(a)1.  Has completed the application form and remitted the
2721	required fees.
2722	(b)2.  Is at least 21 years of age.
2723	(c)3.  Has obtained a baccalaureate degree from a college
2724	or university accredited by an accrediting agency recognized and
2725	approved by the United States Department of Education or the
2726	Council for Higher Education Commission on Recognition of
2727	Postsecondary Accreditation, or by their successor
2728	organizations, or approved by the board.
2729	(d)4.  Has completed coursework from a college or
2730	university accredited by an accrediting agency recognized and
2731	approved by the United States Department of Education or the
2732	Council for Higher Education Commission on Recognition of
2733	Postsecondary Accreditation, or by their successor
2734	organizations, or approved by the board, in each of the
2735	following areas, as provided by rule: health, human anatomy,
2736	kinesiology/biomechanics, human physiology, physiology of
2737	exercise, basic athletic training, and advanced athletic
2738	training.
2739	(e)5.  Has current certification in standard first aid and
2740	cardiovascular pulmonary resuscitation from the American Red
2741	Cross or an equivalent certification as determined by the board.
2742	(f)6.  Has, within 2 of the preceding 5 years, attained a
2743	minimum of 800 hours of athletic training experience under the
2744	direct supervision of a licensed athletic trainer or an athletic
2745	trainer certified by the National Athletic Trainers' Association
2746	or a comparable national athletic standards organization.
2747	(g)7.  Has passed an examination administered or approved
2748	by the board.
2749	(2)(b)  The department shall also license each applicant
2750	who:
2751	(a)1.  Has completed the application form and remitted the
2752	required fees no later than October 1, 1996.
2753	(b)2.  Is at least 21 years of age.
2754	(c)3.  Has current certification in standard first aid and
2755	cardiovascular pulmonary resuscitation from the American Red
2756	Cross or an equivalent certification as determined by the board.
2757	(d)1.4.a.  Has practiced athletic training for at least 3
2758	of the 5 years preceding application; or
2759	2.b.  Is currently certified by the National Athletic
2760	Trainers' Association or a comparable national athletic
2761	standards organization.
2762	(2)  Pursuant to the requirements of s. 456.034, each
2763	applicant shall complete a continuing education course on human
2764	immunodeficiency virus and acquired immune deficiency syndrome
2765	as part of initial licensure.
2766	Section 71.  Subsections (2) and (3) of section 468.711,
2767	Florida Statutes, are amended to read:
2768	468.711  Renewal of license; continuing education.--
2769	(2)  The board may, by rule, prescribe continuing education
2770	requirements, not to exceed 24 hours biennially. The criteria
2771	for continuing education shall be approved by the board and
2772	shall include 4 hours in standard first aid and cardiovascular
2773	pulmonary resuscitation from the American Red Cross or
2774	equivalent training as determined by the board.
2775	(3)  Pursuant to the requirements of s. 456.034, each
2776	licensee shall complete a continuing education course on human
2777	immunodeficiency virus and acquired immune deficiency syndrome
2778	as part of biennial relicensure.
2779	Section 72.  Subsection (1) of section 468.717, Florida
2780	Statutes, is amended to read:
2781	468.717  Violations and penalties.--Each of the following
2782	acts constitutes a misdemeanor of the first degree, punishable
2783	as provided in s. 775.082 or s. 775.083:
2784	(1)  Practicing athletic training for compensation without
2785	holding an active license under this part.
2786	Section 73.  Section 468.723, Florida Statutes, is amended
2787	to read:
2788	468.723  Exemptions.--Nothing in this part shall be
2789	construed as preventing or restricting:
2790	(1)  The professional practice of a licensee of the
2791	department who is acting within the scope of such practice.
2792	(2)  A student athletic trainer acting under the direct
2793	supervision of a licensed athletic trainer.
2794	(3)  A person employed as a teacher apprentice trainer I, a
2795	teacher apprentice trainer II, or a teacher athletic trainer
2796	under s. 1012.46.
2797	(3)(4)  A person from administering standard first aid
2798	treatment to an athlete.
2799	(4)(5)  A person licensed under chapter 548, provided such
2800	person is acting within the scope of such license.
2801	(5)(6)  A person providing personal training instruction
2802	for exercise, aerobics, or weightlifting, if the person does not
2803	represent himself or herself as able to provide "athletic
2804	trainer" services and if any recognition or treatment of
2805	injuries is limited to the provision of first aid.
2806	Section 74.  Subsection (5) of section 480.033, Florida
2807	Statutes, is amended, subsections (6) though (9) of said section
2808	are renumbered as subsections (5) through (8), respectively, a
2809	new subsection (9) and subsections (10) and (11) are added to
2810	said section, to read:
2811	480.033  Definitions.--As used in this act:
2812	(5)  "Apprentice" means a person approved by the board to
2813	study massage under the instruction of a licensed massage
2814	therapist.
2815	(9)  "Massage establishment licensed premises" means not
2816	only rooms where massage therapy is being practiced by an active
2817	licensed massage therapist, but also all other rooms in the
2818	building which are so closely connected therewith as to admit of
2819	free passage from one room to another room or rooms over which
2820	the massage establishment licensee has some dominion or control
2821	and shall include all of the area embraced in the sketch
2822	appearing on or attached to the application for the massage
2823	establishment license involved and designated as such on said
2824	sketch, in addition to that included or designated by general
2825	law. The board may approve an application for expansion of the
2826	licensed premises upon submission of a sketch outlining the
2827	expanded premises, an application for expansion of premises, and
2828	the appropriate fee if the licensed premises as expanded meet
2829	the requirements for licensure of a massage establishment.
2830	(10)  "Licensed premises" means an establishment operated
2831	by a legal or business entity, person, or persons that hold a
2832	massage establishment license issued under this chapter.
2833	(11)  "Relative," means an individual who is related to the
2834	licensee, executive officer, director, or person holding an
2835	interest as father, mother, son, daughter, brother, sister,
2836	uncle, aunt, first cousin, nephew, niece, husband, wife, father-
2837	in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-
2838	law, sister-in-law, stepfather, stepmother, stepson,
2839	stepdaughter, stepsister, stepbrother, half brother, or half
2840	sister.
2841	Section 75.  Subsection (5) is added to section 480.034,
2842	Florida Statutes, to read:
2843	480.034  Exemptions.--
2844	(5)  The establishment licensure requirements of this act
2845	do not apply to massage therapists licensed under this chapter
2846	or to the office of a health care practitioner licensed under
2847	chapter 457, chapter 458, chapter 459, chapter 460, chapter 461,
2848	chapter 466, or chapter 486, if massage therapy provided by a
2849	massage therapist at the office is only provided to the patients
2850	of the health care practitioner.
2851	Section 76.  Section 480.041, Florida Statutes, is amended
2852	to read:
2853	480.041  Massage therapists; qualifications; licensure;
2854	endorsement.--
2855	(1)  Any person is qualified for licensure as a massage
2856	therapist under this act who:
2857	(a)  Has completed an application form and submitted the
2858	appropriate fee to the department;
2859	(b)  Is at least 18 years of age and or has received a high
2860	school diploma or graduate equivalency diploma;
2861	(c)(b)  Has completed a course of study at a board-approved
2862	massage school or has completed an apprenticeship program that
2863	meets standards adopted by the board; and
2864	(d)(c)  Has received a passing grade on a board-approved
2865	national an examination certified administered by the
2866	department.
2867	(2)  Every person desiring to be examined for licensure as
2868	a massage therapist shall apply to the department in writing
2869	upon forms prepared and furnished by the department. Such
2870	Applicants for licensure shall be subject to the provisions of
2871	s. 480.046(1). Applicants may take an examination administered
2872	by the department only upon meeting the requirements of this
2873	section as determined by the board.
2874	(3)  Upon an applicant's passing the examination and paying
2875	the initial licensure fee, the department shall issue to the
2876	applicant a license, valid until the next scheduled renewal
2877	date, to practice massage.
2878	(3)(4)  The board shall adopt rules:
2879	(a)  Establishing a minimum training program for
2880	apprentices.
2881	(a)(b)  Providing for educational standards, examination,
2882	and certification for the practice of colonic irrigation, as
2883	defined in s. 480.033(5)(6), by massage therapists.
2884	(b)(c)  Specifying licensing procedures for practitioners
2885	desiring to be licensed in this state who hold an active license
2886	and have practiced in any other state, territory, or
2887	jurisdiction of the United States or any foreign national
2888	jurisdiction which has licensing standards substantially similar
2889	to, equivalent to, or more stringent than the standards of this
2890	state.
2891	Section 77.  Subsections (3), (4), and (8) and paragraph
2892	(a) of subsection (7) of section 480.043, Florida Statutes, are
2893	amended to read:
2894	480.043  Massage establishments; requisites; licensure;
2895	inspection.--
2896	(3)(a)  Any person, firm, or corporation desiring to
2897	operate a massage establishment in the state shall submit to the
2898	department an application, upon forms provided by the
2899	department, accompanied by any information requested by the
2900	department and an application fee.
2901	(b)  To hold a massage establishment license, the licensee
2902	must be 18 years of age or older. If the applicant for a massage
2903	establishment license is a corporation or other business entity,
2904	the license shall only be issued to a corporation or other
2905	business entity whose officers are 18 years of age or older. The
2906	applicant must be a legal or business entity, person, or persons
2907	and must include all persons, officers, shareholders, and
2908	directors of such legal or business entity that have a direct or
2909	indirect interest in the business seeking to be licensed under
2910	this chapter as a massage establishment.
2911	(c)  No massage establishment license shall be issued to
2912	any person who has been convicted within the last 5 years in
2913	this state, in any other state, or in the United States of
2914	soliciting for prostitution, pandering, letting premises for
2915	prostitution, or keeping a disorderly place or of any crime or
2916	violation of chapter 893 or the controlled substance act of any
2917	other state or the Federal Government; to any person who has
2918	been convicted in the last 15 years of any felony in this state,
2919	in any other state, or in the United States; or to a corporation
2920	or other business entity, any of the officers of which have been
2921	convicted. The term "convicted" or "conviction" shall include
2922	adjudication of guilt on a plea of guilty or nolo contendere or
2923	the forfeiture of a bond when charged with a crime.
2924	(d)  An application for a massage establishment license
2925	shall list the names of the owners, including all persons,
2926	corporations, or other business entities with direct, indirect,
2927	or ownership interest and the name of the officers, directors,
2928	stockholders, or partners of such company, insurer, bank, or
2929	association.
2930	(e)  Prior to any application for a massage establishment
2931	license being approved, the board may require the applicant to
2932	file a set of fingerprints on a form and under procedures
2933	specified by the department, along with payment in an amount
2934	equal to the costs incurred by the Department of Health for the
2935	criminal background check of the applicant. The department shall
2936	submit the fingerprints provided by the applicant to the
2937	Department of Law Enforcement for a statewide criminal history
2938	check, and the Department of Law Enforcement shall forward the
2939	fingerprints to the Federal Bureau of Investigation for a
2940	national criminal history check of the applicant. The Department
2941	of Health shall review the results of the criminal history
2942	check, issue a license to an applicant who has met all of the
2943	other requirements for licensure and has no criminal history,
2944	and refer all applicants with criminal histories back to the
2945	board for determination as to whether a license should be issued
2946	and under what conditions. The department shall not issue a
2947	license to any applicant who is under investigation in another
2948	state for any act which would constitute a violation of this
2949	part or chapter 456 until such time as the investigation is
2950	complete, at which time the provisions of chapter 480 shall
2951	apply.
2952	(4)  Upon receiving the application, the board shall
2953	department may cause an investigation to be made of the proposed
2954	massage establishment, both as to qualifications of the
2955	applicants and the premises and location sought to be licensed.
2956	(7)(a)  Once issued, it is prohibited to transfer or
2957	attempt to transfer any license or interest in a license or
2958	business or change executive officers or directors contrary to
2959	the provisions of this section. No license for operation of a
2960	massage establishment may be transferred from one owner to
2961	another, except as follows:
2962	1.  When a licensee has made a bona fide sale of the
2963	business which he or she is so licensed to conduct, he or she
2964	may obtain a transfer of such license to the purchaser of the
2965	business, provided the application of the purchaser is approved
2966	by the board in accordance with the procedures for an initial
2967	application for a massage establishment. If the request to
2968	transfer the license is denied, the holder of the massage
2969	establishment license shall immediately return the original
2970	license to the board.
2971	2.  No person is entitled as a matter of right to a
2972	transfer of a massage establishment license or interest in a
2973	massage establishment license to a relative or to any other
2974	person or to a change of executive officers or directors.
2975	(8)(a)  Renewal of license registration for massage
2976	establishments shall be accomplished pursuant to rules adopted
2977	by the board. The board is further authorized to adopt rules
2978	governing delinquent renewal of licenses and may impose penalty
2979	fees for delinquent renewal.
2980	(b)1.  An applicant for renewal who has not previously
2981	submitted a set of fingerprints for purposes of certification
2982	must submit a set of fingerprints to the department as a
2983	condition of the initial renewal after the effective date of
2984	this section. The applicant must submit the fingerprints on a
2985	form and under procedures specified by the department, along
2986	with payment in an amount equal to the costs incurred by the
2987	Department of Health for a national criminal history check. For
2988	subsequent renewals, the applicant for renewed certification
2989	must submit information necessary to conduct a statewide
2990	criminal history check, along with payment in an amount equal to
2991	the costs incurred by the department for a statewide criminal
2992	history check.
2993	2.  The department shall submit the fingerprints provided
2994	by an applicant for initial renewal of certification to the
2995	Department of Law Enforcement for a statewide criminal history
2996	check, and the Department of Law Enforcement shall forward the
2997	fingerprints to the Federal Bureau of Investigation for a
2998	national criminal history check of the applicant after the
2999	effective date of this section.
3000	3.  For any subsequent renewal of the applicant's
3001	certificate, the department shall submit the required
3002	information for a statewide criminal history check of the
3003	applicant to the Department of Law Enforcement.
3004	4.  Any applicant for initial certification or renewal of
3005	certification who submits to the Department of Health a set of
3006	fingerprints and information required for the criminal history
3007	check required under this section shall not be required to
3008	provide a subsequent set of fingerprints or other duplicate
3009	information required for a criminal history check.
3010	Section 78.  Paragraph (h) of subsection (1) of section
3011	480.044, Florida Statutes, is amended, and paragraphs (i)
3012	through (l) are redesignated as paragraphs (h) through (k),
3013	respectively, to read:
3014	480.044  Fees; disposition.--
3015	(1)  The board shall set fees according to the following
3016	schedule:
3017	(h)  Fee for apprentice: not to exceed $100.
3018	Section 79.  Subsection (3) of section 480.046, Florida
3019	Statutes, is amended to read:
3020	480.046  Grounds for disciplinary action by the board.--
3021	(3)  The board shall have the power to revoke or suspend
3022	the license of a massage establishment licensed under this act,
3023	or to deny subsequent licensure of such an establishment, in any
3024	either of the following cases:
3025	(a)  Upon proof that a license has been obtained by fraud
3026	or misrepresentation.
3027	(b)  Upon proof that the holder of a license is guilty of
3028	fraud or deceit or of gross negligence, incompetency, or
3029	misconduct in the operation of the establishment so licensed.
3030	(c)  Upon proof that the holder of the massage
3031	establishment license, or his or her or its agents, officers,
3032	servants, or employees, while in the scope of employment on the
3033	licensed premises or elsewhere, engaged in or permitted
3034	disorderly conduct, prostitution, solicitation of prostitution,
3035	pandering, letting premises for prostitution, or any violation
3036	of chapter 893 or the controlled substance act. This includes
3037	permitting another on the licensed premises to violate any of
3038	the laws of this state or the United States.
3039	(d)  Upon proof that the holder of the massage
3040	establishment license or his or her or its agents, officers,
3041	servants, or employees or, if a corporation, any officer or
3042	stockholder thereof committed a violation of this chapter or any
3043	rule promulgated by the board.
3044	(e)  Upon proof that the name of the massage establishment
3045	or address of the massage establishment was changed prior to
3046	receiving written authorization from the board or upon proof
3047	that the owner of the massage establishment transferred or
3048	attempted to transfer the ownership from one owner to another
3049	without prior written approval of the board.
3050	Section 80.  Subsection (9) of section 486.021, Florida
3051	Statutes, is amended to read:
3052	486.021  Definitions.--In this chapter, unless the context
3053	otherwise requires, the term:
3054	(9)  "Direct supervision" means supervision by a physical
3055	therapist who is licensed pursuant to this chapter. Except in a
3056	case of emergency, direct supervision requires the physical
3057	presence of the licensed physical therapist for consultation and
3058	direction of the actions of a physical therapist or physical
3059	therapist assistant who is practicing under a temporary permit
3060	and who is a candidate for licensure by examination.
3061	Section 81.  Section 486.031, Florida Statutes, is amended
3062	to read:
3063	486.031  Physical therapist; licensing requirements.--To be
3064	eligible for licensing as a physical therapist, an applicant
3065	must:
3066	(1)  Be at least 18 years old.;
3067	(2)  Be of good moral character.; and
3068	(3)(a)  Have been graduated from a school of physical
3069	therapy which has been approved for the educational preparation
3070	of physical therapists by an the appropriate accrediting agency
3071	recognized by the Council for Higher Education Commission on
3072	Recognition of Postsecondary Accreditation or the United States
3073	Department of Education, or by their successor organizations, at
3074	the time of her or his graduation and have passed, to the
3075	satisfaction of the board, the American Registry Examination
3076	prior to 1971 or a national examination approved by the board to
3077	determine her or his fitness for practice as a physical
3078	therapist as hereinafter provided;
3079	(b)  Have received a diploma from a program in physical
3080	therapy in a foreign country and have educational credentials
3081	deemed equivalent to those required for the educational
3082	preparation of physical therapists in this country, as
3083	recognized by the appropriate agency as identified by the board,
3084	and have passed to the satisfaction of the board an examination
3085	to determine her or his fitness for practice as a physical
3086	therapist as hereinafter provided; or
3087	(c)  Be entitled to licensure without examination as
3088	provided in s. 486.081.
3089	Section 82.  Section 486.051, Florida Statutes, is amended
3090	to read:
3091	486.051  Physical therapist; examination of applicant.--The
3092	examinations of an applicant for licensing as a physical
3093	therapist shall be in accordance with rules adopted by the
3094	board, to test the applicant's qualifications and shall include
3095	the taking of a test by the applicant. If an applicant fails to
3096	pass the examination in three attempts, the applicant shall not
3097	be eligible for reexamination unless she or he completes
3098	additional educational or training requirements prescribed by
3099	the board. An applicant who has completed the additional
3100	educational or training requirements prescribed by the board may
3101	take the examination on two more occasions. If the applicant has
3102	failed to pass the examination after five attempts, she or he is
3103	no longer eligible to take the examination.
3104	Section 83.  Section 486.081, Florida Statutes, is amended
3105	to read:
3106	486.081  Physical therapist; issuance of license by
3107	endorsement without examination to a person licensed in another
3108	jurisdiction passing examination of another authorized examining
3109	board; fee.--
3110	(1)  The board may cause a license to be issued through the
3111	department by endorsement without examination to any applicant
3112	who presents evidence satisfactory to the board, under oath or
3113	affirmation, of having passed the American Registry Examination
3114	prior to 1971 or of licensure in another jurisdiction an
3115	examination in physical therapy before a similar lawfully
3116	authorized examining board of another state, the District of
3117	Columbia, a territory, or a foreign country, if the standards
3118	for licensure in physical therapy in such other jurisdiction
3119	state, district, territory, or foreign country are determined by
3120	the board to be as high as those of this state, as established
3121	by rules adopted pursuant to this chapter. Any person who holds
3122	a license pursuant to this section may use the words "physical
3123	therapist" or "physiotherapist," or the letters "P.T.," in
3124	connection with her or his name or place of business to denote
3125	her or his licensure hereunder.
3126	(2)  At the time of making application for licensure by
3127	endorsement without examination pursuant to the terms of this
3128	section, the applicant shall pay to the department a fee not to
3129	exceed $175 as fixed by the board, no part of which will be
3130	returned.
3131	(3)  An applicant seeking reentry into the profession who
3132	has not been in active practice within the last 3 years prior to
3133	applying for licensure shall submit to the board documentation
3134	of competence to practice as required by rule of the board.
3135	Section 84.  Section 486.102, Florida Statutes, is amended
3136	to read:
3137	486.102  Physical therapist assistant; licensing
3138	requirements.--To be eligible for licensing by the board as a
3139	physical therapist assistant, an applicant must:
3140	(1)  Be at least 18 years old.;
3141	(2)  Be of good moral character.; and
3142	(3)(a)  Be a graduate of a professional physical therapy
3143	assistant education program which is accredited by an Have been
3144	graduated from a school giving a course of not less than 2 years
3145	for physical therapist assistants, which has been approved for
3146	the educational preparation of physical therapist assistants by
3147	the appropriate accrediting agency recognized by the Council for
3148	Higher Education Commission on Recognition of Postsecondary
3149	Accreditation or the United States Department of Education, or
3150	by their successor organizations, or which is approved by the
3151	board at the time of the applicant's her or his graduation. An
3152	applicant must and have passed to the satisfaction of the board
3153	an examination to determine the applicant's eligibility for
3154	licensure to her or his fitness for practice as a physical
3155	therapist assistant as hereinafter provided;
3156	(b)  Be a graduate of a physical therapy assistant program
3157	Have been graduated from a school giving a course for physical
3158	therapist assistants in a foreign country and have educational
3159	credentials deemed equivalent to those required for the
3160	educational preparation of physical therapist assistants in this
3161	country, as recognized by the appropriate agency as identified
3162	by the board, and passed to the satisfaction of the board an
3163	examination to determine the applicant's eligibility for
3164	licensure to her or his fitness for practice as a physical
3165	therapist assistant as hereinafter provided; or
3166	(c)  Be entitled to licensure by endorsement without
3167	examination as provided in s. 486.107.
3168	Section 85.  Section 486.104, Florida Statutes, is amended
3169	to read:
3170	486.104  Physical therapist assistant; examination of
3171	applicant.--The examinations examination of an applicant for
3172	licensing as a physical therapist assistant shall be in
3173	accordance with rules adopted by the board, to test the
3174	applicant's qualifications and shall include the taking of tests
3175	a test by the applicant. If an applicant fails to pass the
3176	examination in three attempts, the applicant shall not be
3177	eligible for reexamination unless she or he completes additional
3178	educational or training requirements prescribed by the board. An
3179	applicant who has completed the additional educational or
3180	training requirements prescribed by the board may take the
3181	examination on two more occasions. If the applicant has failed
3182	to pass the examination after five attempts, she or he is no
3183	longer eligible to take the examination.
3184	Section 86.  Section 486.107, Florida Statutes, is amended
3185	to read:
3186	486.107  Physical therapist assistant; issuance of license
3187	by endorsement without examination to a person licensed in
3188	another jurisdiction; fee.--
3189	(1)  The board may cause a license to be issued through the
3190	department by endorsement without examination to any applicant
3191	who presents evidence to the board, under oath, of licensure in
3192	another jurisdiction state, the District of Columbia, or a
3193	territory, if the standards for registering as a physical
3194	therapist assistant or licensing of a physical therapist
3195	assistant, as the case may be, in such other jurisdiction state
3196	are determined by the board to be as high as those of this
3197	state, as established by rules adopted pursuant to this chapter.
3198	Any person who holds a license pursuant to this section may use
3199	the words "physical therapist assistant," or the letters
3200	"P.T.A.," in connection with her or his name to denote licensure
3201	hereunder.
3202	(2)  At the time of making application for licensing by
3203	endorsement without examination pursuant to the terms of this
3204	section, the applicant shall pay to the department a fee not to
3205	exceed $175 as fixed by the board, no part of which will be
3206	returned.
3207	(3)  An applicant seeking reentry into the profession who
3208	has not been in active practice within the last 3 years prior to
3209	applying for licensure shall submit to the board documentation
3210	of competence to practice as required by rule of the board.
3211	Section 87.  Subsection (2) of section 486.109, Florida
3212	Statutes, is amended to read:
3213	486.109  Continuing education.--
3214	(2)  The board will accept shall approve only those courses
3215	sponsored by a college or university which provides a curriculum
3216	for professional education of training physical therapists or
3217	physical therapist assistants which is accredited by, or has
3218	status with an accrediting agency approved by, the United States
3219	Department of Education as determined by board rule, or courses
3220	sponsored or approved by the Florida Physical Therapy
3221	Association or the American Physical Therapy Association.
3222	Section 88.  Paragraph (c) is added to subsection (2) of
3223	section 486.161, Florida Statutes, to read:
3224	486.161  Exemptions.--
3225	(2)  No provision of this chapter shall be construed to
3226	prohibit:
3227	(c)  Any physical therapist who is licensed in another
3228	jurisdiction of the United States or credentialed in another
3229	country from performing physical therapy if that person, by
3230	contract or employment, is providing such physical therapy to
3231	individuals affiliated with or employed by established athletic
3232	teams, athletic organizations, or performing arts companies
3233	temporarily practicing, competing, or performing in the state
3234	for no more than 60 days in a calendar year.
3235	Section 89.  Paragraph (b) of subsection (2) of section
3236	490.005, Florida Statutes, is amended to read:
3237	490.005  Licensure by examination.--
3238	(2)  Any person desiring to be licensed as a school
3239	psychologist shall apply to the department to take the licensure
3240	examination. The department shall license each applicant who the
3241	department certifies has:
3242	(b)  Submitted satisfactory proof to the department that
3243	the applicant:
3244	1.  Has received a doctorate, specialist, or equivalent
3245	degree from a program primarily psychological in nature and has
3246	completed 60 semester hours or 90 quarter hours of graduate
3247	study, in areas related to school psychology as defined by rule
3248	of the department, from a college or university which at the
3249	time the applicant was enrolled and graduated was accredited by
3250	an accrediting agency recognized and approved by the Council for
3251	Higher Education Accreditation or the United States Department
3252	of Education, or by their successor organizations, Commission on
3253	Recognition of Postsecondary Accreditation or from an
3254	institution which is publicly recognized as a member in good
3255	standing with the Association of Universities and Colleges of
3256	Canada.
3257	2.  Has had a minimum of 3 years of experience in school
3258	psychology, 2 years of which must be supervised by an individual
3259	who is a licensed school psychologist or who has otherwise
3260	qualified as a school psychologist supervisor, by education and
3261	experience, as set forth by rule of the department. A doctoral
3262	internship may be applied toward the supervision requirement.
3263	3.  Has passed an examination provided by the department.
3264	Section 90.  Paragraphs (c) and (d) of subsection (1),
3265	paragraphs (b), (c), and (d) of subsection (3), and paragraphs
3266	(b), (c), and (d) of subsection (4) of section 491.005, Florida
3267	Statutes, are amended, paragraph (f) is added to subsection (1),
3268	paragraph (g) is added to subsection (3), and paragraph (f) is
3269	added to subsection (4) of said section, to read:
3270	491.005  Licensure by examination.--
3271	(1)  CLINICAL SOCIAL WORK.--Upon verification of
3272	documentation and payment of a fee not to exceed $200, as set by
3273	board rule, plus the actual per applicant cost to the department
3274	for purchase of the examination from the American Association of
3275	State Social Worker's Boards or a similar national organization,
3276	the department shall issue a license as a clinical social worker
3277	to an applicant who the board certifies:
3278	(c)  Has had not less than 2 years of clinical social work
3279	experience, which took place subsequent to completion of a
3280	graduate degree in social work at an institution meeting the
3281	accreditation requirements of this section, under the
3282	supervision of a licensed clinical social worker or the
3283	equivalent who is a qualified supervisor as determined by the
3284	board. An individual who intends to practice in Florida to
3285	satisfy clinical experience requirements must register pursuant
3286	to s. 491.0045 prior to commencing practice. If the applicant's
3287	graduate program was not a program which emphasized direct
3288	clinical patient or client health care services as described in
3289	subparagraph (b)2., the supervised experience requirement must
3290	take place after the applicant has completed a minimum of 15
3291	semester hours or 22 quarter hours of the coursework required. A
3292	doctoral internship may be applied toward the clinical social
3293	work experience requirement. The clinical experience requirement
3294	may be met by work performed on or off the premises of the
3295	supervising clinical social worker or the equivalent, provided
3296	that all work is performed under the direct supervision of the
3297	off-premises work is not the independent private practice
3298	rendering of clinical social work that does not have a licensed
3299	mental health professional, as determined by the board, on the
3300	premises at the same time the intern is providing services.
3301	(d)  Has passed a theory and practice examination approved
3302	provided by the board department for this purpose, which shall
3303	only be taken following completion of the clinical experience
3304	requirement.
3305	(f)  Has satisfied all coursework requirements in this
3306	section by successfully completing the required course as a
3307	student or by teaching the required graduate course as an
3308	instructor or professor in an accredited institution.
3309	(3)  MARRIAGE AND FAMILY THERAPY.--Upon verification of
3310	documentation and payment of a fee not to exceed $200, as set by
3311	board rule, plus the actual cost to the department for the
3312	purchase of the examination from the Association of Marital and
3313	Family Therapy Regulatory Board, or similar national
3314	organization, the department shall issue a license as a marriage
3315	and family therapist to an applicant who the board certifies:
3316	(b)1.  Has a minimum of a master's degree with major
3317	emphasis in marriage and family therapy, or a closely related
3318	field, and has completed all of the following requirements:
3319	a.  Thirty-six semester hours or 48 quarter hours of
3320	graduate coursework, which must include a minimum of 3 semester
3321	hours or 4 quarter hours of graduate-level course credits in
3322	each of the following nine areas: dynamics of marriage and
3323	family systems; marriage therapy and counseling theory and
3324	techniques; family therapy and counseling theory and techniques;
3325	individual human development theories throughout the life cycle;
3326	personality theory or general counseling theory and techniques;
3327	psychopathology; human sexuality theory and counseling
3328	techniques; psychosocial theory; and substance abuse theory and
3329	counseling techniques. Courses in research, evaluation,
3330	appraisal, assessment, or testing theories and procedures;
3331	thesis or dissertation work; or practicums, internships, or
3332	fieldwork may not be applied toward this requirement.
3333	b.  A minimum of one graduate-level course of 3 semester
3334	hours or 4 quarter hours in legal, ethical, and professional
3335	standards issues in the practice of marriage and family therapy
3336	or a course determined by the board to be equivalent.
3337	c.  A minimum of one graduate-level course of 3 semester
3338	hours or 4 quarter hours in diagnosis, appraisal, assessment,
3339	and testing for individual or interpersonal disorder or
3340	dysfunction; and a minimum of one 3-semester-hour or 4-quarter-
3341	hour graduate-level course in behavioral research which focuses
3342	on the interpretation and application of research data as it
3343	applies to clinical practice. Credit for thesis or dissertation
3344	work, practicums, internships, or fieldwork may not be applied
3345	toward this requirement.
3346	d.  A minimum of one supervised clinical practicum,
3347	internship, or field experience in a marriage and family
3348	counseling setting, during which the student provided 180 direct
3349	client contact hours of marriage and family therapy services
3350	under the supervision of an individual who met the requirements
3351	for supervision under paragraph (c). This requirement may be met
3352	by a supervised practice experience which took place outside the
3353	academic arena, but which is certified as equivalent to a
3354	graduate-level practicum or internship program which required a
3355	minimum of 180 direct client contact hours of marriage and
3356	family therapy services currently offered within an academic
3357	program of a college or university accredited by an accrediting
3358	agency approved by the United States Department of Education, or
3359	an institution which is publicly recognized as a member in good
3360	standing with the Association of Universities and Colleges of
3361	Canada or a training institution accredited by the Commission on
3362	Accreditation for Marriage and Family Therapy Education
3363	recognized by the United States Department of Education.
3364	Certification shall be required from an official of such
3365	college, university, or training institution.
3366	2.  If the course title which appears on the applicant's
3367	transcript does not clearly identify the content of the
3368	coursework, the applicant shall be required to provide
3369	additional documentation, including, but not limited to, a
3370	syllabus or catalog description published for the course.
3371
3372	The required master's degree must have been received in an
3373	institution of higher education which at the time the applicant
3374	graduated was: fully accredited by a regional accrediting body
3375	recognized by the Council for Higher Education Accreditation or
3376	the United States Department of Education, or by their successor
3377	organizations Commission on Recognition of Postsecondary
3378	Accreditation; publicly recognized as a member in good standing
3379	with the Association of Universities and Colleges of Canada; or
3380	an institution of higher education located outside the United
3381	States and Canada, which at the time the applicant was enrolled
3382	and at the time the applicant graduated maintained a standard of
3383	training substantially equivalent to the standards of training
3384	of those institutions in the United States which are accredited
3385	by a regional accrediting body recognized by the Council for
3386	Higher Education Accreditation or the United States Department
3387	of Education, or by their successor organizations Commission on
3388	Recognition of Postsecondary Accreditation. Such foreign
3389	education and training must have been received in an institution
3390	or program of higher education officially recognized by the
3391	government of the country in which it is located as an
3392	institution or program to train students to practice as
3393	professional marriage and family therapists or psychotherapists.
3394	The burden of establishing that the requirements of this
3395	provision have been met shall be upon the applicant, and the
3396	board shall require documentation, such as, but not limited to,
3397	an evaluation by a foreign equivalency determination service, as
3398	evidence that the applicant's graduate degree program and
3399	education were equivalent to an accredited program in this
3400	country. An applicant with a master's degree from a program
3401	which did not emphasize marriage and family therapy may complete
3402	the coursework requirement in a training institution fully
3403	accredited by the Commission on Accreditation for Marriage and
3404	Family Therapy Education recognized by the United States
3405	Department of Education.
3406	(c)  Has had not less than 2 years of clinical experience
3407	during which 50 percent of the applicant's clients were
3408	receiving marriage and family therapy services, which must be at
3409	the post-master's level under the supervision of a licensed
3410	marriage and family therapist with at least 5 years of
3411	experience, or the equivalent, who is a qualified supervisor as
3412	determined by the board. An individual who intends to practice
3413	in Florida to satisfy the clinical experience requirements must
3414	register pursuant to s. 491.0045 prior to commencing practice.
3415	If a graduate has a master's degree with a major emphasis in
3416	marriage and family therapy or a closely related field that did
3417	not include all the coursework required under sub-subparagraphs
3418	(b)1.a.-c., credit for the post-master's level clinical
3419	experience shall not commence until the applicant has completed
3420	a minimum of 10 of the courses required under sub-subparagraphs
3421	(b)1.a.-c., as determined by the board, and at least 6 semester
3422	hours or 9 quarter hours of the course credits must have been
3423	completed in the area of marriage and family systems, theories,
3424	or techniques. Within the 3 years of required experience, the
3425	applicant shall provide direct individual, group, or family
3426	therapy and counseling, to include the following categories of
3427	cases: unmarried dyads, married couples, separating and
3428	divorcing couples, and family groups including children. A
3429	doctoral internship may be applied toward the clinical
3430	experience requirement. The clinical experience requirement may
3431	be met by work performed on or off the premises of the
3432	supervising marriage and family therapist or the equivalent,
3433	provided that all work is performed under the direct supervision
3434	of the off-premises work is not the independent private practice
3435	rendering of marriage and family therapy services that does not
3436	have a licensed mental health professional, as determined by the
3437	board, on the premises at the same time the intern is providing
3438	services.
3439	(d)  Has passed a theory and practice examination approved
3440	provided by the board department for this purpose, which shall
3441	only be taken following completion of the clinical experience
3442	requirement.
3443	(g)  Has satisfied all coursework requirements in this
3444	section by successfully completing the required course as a
3445	student or by teaching the required graduate course as an
3446	instructor or professor in an accredited institution.
3447	(4)  MENTAL HEALTH COUNSELING.--Upon verification of
3448	documentation and payment of a fee not to exceed $200, as set by
3449	board rule, plus the actual per applicant cost to the department
3450	for purchase of the examination from the Professional
3451	Examination Service for the National Academy of Certified
3452	Clinical Mental Health Counselors or a similar national
3453	organization, the department shall issue a license as a mental
3454	health counselor to an applicant who the board certifies:
3455	(b)1.  Has a minimum of an earned master's degree from a
3456	mental health counseling program accredited by the Council for
3457	the Accreditation of Counseling and Related Educational Programs
3458	that consists of at least 60 semester hours or 80 quarter hours
3459	of clinical and didactic instruction, including a course in
3460	human sexuality and a course in substance abuse. If the master's
3461	degree is earned from a program related to the practice of
3462	mental health counseling that is not accredited by the Council
3463	for the Accreditation of Counseling and Related Educational
3464	Programs, then the coursework and practicum, internship, or
3465	fieldwork must consist of at least 60 semester hours or 80
3466	quarter hours and meet the following requirements:
3467	a.  Thirty-three semester hours or 44 quarter hours of
3468	graduate coursework, which must include a minimum of 3 semester
3469	hours or 4 quarter hours of graduate-level coursework in each of
3470	the following 11 content areas: counseling theories and
3471	practice; human growth and development; diagnosis and treatment
3472	of psychopathology; human sexuality; group theories and
3473	practice; individual evaluation and assessment; career and
3474	lifestyle assessment; research and program evaluation; social
3475	and cultural foundations; counseling in community settings; and
3476	substance abuse. Courses in research, thesis or dissertation
3477	work, practicums, internships, or fieldwork may not be applied
3478	toward this requirement.
3479	b.  A minimum of 3 semester hours or 4 quarter hours of
3480	graduate-level coursework in legal, ethical, and professional
3481	standards issues in the practice of mental health counseling,
3482	which includes goals, objectives, and practices of professional
3483	counseling organizations, codes of ethics, legal considerations,
3484	standards of preparation, certifications and licensing, and the
3485	role identity and professional obligations of mental health
3486	counselors. Courses in research, thesis or dissertation work,
3487	practicums, internships, or fieldwork may not be applied toward
3488	this requirement.
3489	c.  The equivalent, as determined by the board, of at least
3490	1,000 hours of university-sponsored supervised clinical
3491	practicum, internship, or field experience as required in the
3492	accrediting standards of the Council for Accreditation of
3493	Counseling and Related Educational Programs for mental health
3494	counseling programs. This experience may not be used to satisfy
3495	the post-master's clinical experience requirement.
3496	2.  If the course title which appears on the applicant's
3497	transcript does not clearly identify the content of the
3498	coursework, the applicant shall be required to provide
3499	additional documentation, including, but not limited to, a
3500	syllabus or catalog description published for the course.
3501
3502	Education and training in mental health counseling must have
3503	been received in an institution of higher education which at the
3504	time the applicant graduated was: fully accredited by a regional
3505	accrediting body recognized by the Council for Higher Education
3506	Accreditation or the United States Department of Education, or
3507	by their successor organizations Commission on Recognition of
3508	Postsecondary Accreditation; publicly recognized as a member in
3509	good standing with the Association of Universities and Colleges
3510	of Canada; or an institution of higher education located outside
3511	the United States and Canada, which at the time the applicant
3512	was enrolled and at the time the applicant graduated maintained
3513	a standard of training substantially equivalent to the standards
3514	of training of those institutions in the United States which are
3515	accredited by a regional accrediting body recognized by the
3516	Council for Higher Education Accreditation or the United States
3517	Department of Education, or by their successor organizations
3518	Commission on Recognition of Postsecondary Accreditation. Such
3519	foreign education and training must have been received in an
3520	institution or program of higher education officially recognized
3521	by the government of the country in which it is located as an
3522	institution or program to train students to practice as mental
3523	health counselors. The burden of establishing that the
3524	requirements of this provision have been met shall be upon the
3525	applicant, and the board shall require documentation, such as,
3526	but not limited to, an evaluation by a foreign equivalency
3527	determination service, as evidence that the applicant's graduate
3528	degree program and education were equivalent to an accredited
3529	program in this country.
3530	(c)  Has had not less than 2 years of clinical experience
3531	in mental health counseling, which must be at the post-master's
3532	level under the supervision of a licensed mental health
3533	counselor or the equivalent who is a qualified supervisor as
3534	determined by the board. An individual who intends to practice
3535	in Florida to satisfy the clinical experience requirements must
3536	register pursuant to s. 491.0045 prior to commencing practice.
3537	If a graduate has a master's degree with a major related to the
3538	practice of mental health counseling that did not include all
3539	the coursework required under sub-subparagraphs (b)1.a.-b.,
3540	credit for the post-master's level clinical experience shall not
3541	commence until the applicant has completed a minimum of seven of
3542	the courses required under sub-subparagraphs (b)1.a.-b., as
3543	determined by the board, one of which must be a course in
3544	psychopathology or abnormal psychology. A doctoral internship
3545	may be applied toward the clinical experience requirement. The
3546	clinical experience requirement may be met by work performed on
3547	or off the premises of the supervising mental health counselor
3548	or the equivalent, provided that all work is performed under the
3549	direct supervision of the off-premises work is not the
3550	independent private practice rendering of services that does not
3551	have a licensed mental health professional, as determined by the
3552	board, on the premises at the same time the intern is providing
3553	services.
3554	(d)  Has passed a theory and practice examination approved
3555	provided by the board department for this purpose, which shall
3556	only be taken following completion of the clinical experience
3557	requirement.
3558	(f)  Has satisfied all coursework requirements in this
3559	section by successfully completing the required course as a
3560	student or by teaching the required graduate course as an
3561	instructor or professor in an accredited institution.
3562	Section 91.  Subsection (3) is added to section 491.006,
3563	Florida Statutes, to read:
3564	491.006  Licensure or certification by endorsement.--
3565	(3)  The board shall accept the 2 years of post-master's
3566	education supervised clinical experience of mental health
3567	counselor endorsement applicants who have not completed a
3568	psychopathology or abnormal psychology course prior to having
3569	completed their 2 years of post-master's education supervised
3570	clinical experience, if the applicant has actively practiced as
3571	a mental health counselor in another state or territory for 5
3572	out of the last 6 years without being subject to any
3573	disciplinary action.
3574	Section 92.  Subsection (2) of section 491.009, Florida
3575	Statutes, is amended to read:
3576	491.009  Discipline.--
3577	(2)  The department, in the case of a certified master
3578	social worker, or, in the case of psychologists, the board, may
3579	enter an order denying licensure or imposing any of the
3580	penalties in s. 456.072(2) against any applicant for licensure
3581	or licensee who is found guilty of violating any provision of
3582	subsection (1) of this section or who is found guilty of
3583	violating any provision of s. 456.072(1).
3584	Section 93.  Section 491.0145, Florida Statutes, is amended
3585	to read:
3586	491.0145  Certified master social worker.--The department
3587	may not adopt any rules that would cause any person who was not
3588	licensed as a certified master social worker in accordance with
3589	this chapter on January 1, 1990, to become licensed. The
3590	department may certify an applicant for a designation as a
3591	certified master social worker upon the following conditions:
3592	(1)  The applicant completes an application to be provided
3593	by the department and pays a nonrefundable fee not to exceed
3594	$250 to be established by rule of the department. The completed
3595	application must be received by the department at least 60 days
3596	before the date of the examination in order for the applicant to
3597	qualify to take the scheduled exam.
3598	(2)  The applicant submits proof satisfactory to the
3599	department that the applicant has received a doctoral degree in
3600	social work, or a master's degree with a major emphasis or
3601	specialty in clinical practice or administration, including, but
3602	not limited to, agency administration and supervision, program
3603	planning and evaluation, staff development, research, community
3604	organization, community services, social planning, and human
3605	service advocacy. Doctoral degrees must have been received from
3606	a graduate school of social work which at the time the applicant
3607	was enrolled and graduated was accredited by an accrediting
3608	agency approved by the United States Department of Education.
3609	Master's degrees must have been received from a graduate school
3610	of social work which at the time the applicant was enrolled and
3611	graduated was accredited by the Council on Social Work Education
3612	or the Canadian Association of Schools of Social Work or by one
3613	that meets comparable standards.
3614	(3)  The applicant has had at least 3 years' experience, as
3615	defined by rule, including, but not limited to, clinical
3616	services or administrative activities as defined in subsection
3617	(2), 2 years of which must be at the post-master's level under
3618	the supervision of a person who meets the education and
3619	experience requirements for certification as a certified master
3620	social worker, as defined by rule, or licensure as a clinical
3621	social worker under this chapter. A doctoral internship may be
3622	applied toward the supervision requirement.
3623	(4)  Any person who holds a master's degree in social work
3624	from institutions outside the United States may apply to the
3625	department for certification if the academic training in social
3626	work has been evaluated as equivalent to a degree from a school
3627	accredited by the Council on Social Work Education. Any such
3628	person shall submit a copy of the academic training from the
3629	Foreign Equivalency Determination Service of the Council on
3630	Social Work Education.
3631	(5)  The applicant has passed an examination required by
3632	the department for this purpose. The nonrefundable fee for such
3633	examination may not exceed $250 as set by department rule.
3634	(6)  Nothing in this chapter shall be construed to
3635	authorize a certified master social worker to provide clinical
3636	social work services.
3637	Section 94.  Section 491.0146, Florida Statutes, is created
3638	to read:
3639	491.0146  Saving clause.--All licenses to practice as a
3640	certified master social worker issued pursuant to this chapter
3641	and valid on October 1, 2002, shall remain in full force and
3642	effect.
3643	Section 95.  Subsection (3) of section 491.0147, Florida
3644	Statutes, is amended to read:
3645	491.0147  Confidentiality and privileged
3646	communications.--Any communication between any person licensed
3647	Any communication between any person licensed or certified under
3648	this chapter and her or his patient or client shall be
3649	confidential. This secrecy may be waived under the following
3650	conditions:
3651	(3)(a)  When there is a clear and immediate probability of
3652	physical harm to the patient or client, to other individuals, or
3653	to society and the person licensed or certified under this
3654	chapter communicates the information only to the potential
3655	victim, appropriate family member, or law enforcement or other
3656	appropriate authorities.
3657	(b)  There shall be no civil or criminal liability arising
3658	from the disclosure of otherwise confidential communications by
3659	a person licensed or certified under this chapter when the
3660	disclosure is made pursuant to paragraph (a).
3661	Section 96.  Paragraph (b) of subsection (4) of section
3662	766.314, Florida Statutes, is amended to read:
3663	766.314  Assessments; plan of operation.--
3664	(4)  The following persons and entities shall pay into the
3665	association an initial assessment in accordance with the plan of
3666	operation:
3667	(b)1.  On or before October 15, 1988, all physicians
3668	licensed pursuant to chapter 458 or chapter 459 as of October 1,
3669	1988, other than participating physicians, shall be assessed an
3670	initial assessment of $250, which must be paid no later than
3671	December 1, 1988.
3672	2.  Any such physician who becomes licensed after September
3673	30, 1988, and before January 1, 1989, shall pay into the
3674	association an initial assessment of $250 upon licensure.
3675	3.  Any such physician who becomes licensed on or after
3676	January 1, 1989, shall pay an initial assessment equal to the
3677	most recent assessment made pursuant to this paragraph,
3678	paragraph (5)(a), or paragraph (7)(b).
3679	4.  However, if the physician is a physician specified in
3680	this subparagraph, the assessment is not applicable:
3681	a.  A resident physician, assistant resident physician, or
3682	intern in an approved postgraduate training program, as defined
3683	by the Board of Medicine or the Board of Osteopathic Medicine by
3684	rule;
3685	b.  A retired physician who has withdrawn from the practice
3686	of medicine but who maintains an active license as evidenced by
3687	an affidavit filed with the Department of Health. Prior to
3688	reentering the practice of medicine in this state, a retired
3689	physician as herein defined must notify the Board of Medicine or
3690	the Board of Osteopathic Medicine and pay the appropriate
3691	assessments pursuant to this section;
3692	c.  A physician who holds a limited license pursuant to s.
3693	458.315 458.317 and who is not being compensated for medical
3694	services;
3695	d.  A physician who is employed full time by the United
3696	States Department of Veterans Affairs and whose practice is
3697	confined to United States Department of Veterans Affairs
3698	hospitals; or
3699	e.  A physician who is a member of the Armed Forces of the
3700	United States and who meets the requirements of s. 456.024.
3701	f.  A physician who is employed full time by the State of
3702	Florida and whose practice is confined to state-owned
3703	correctional institutions, a county health department, or state-
3704	owned mental health or developmental services facilities, or who
3705	is employed full time by the Department of Health.
3706	Section 97.  Paragraph (a) of subsection (2) of section
3707	817.505, Florida Statutes, is amended to read:
3708	817.505  Patient brokering prohibited; exceptions;
3709	penalties.--
3710	(2)  For the purposes of this section, the term:
3711	(a)  "Health care provider or health care facility" means
3712	any person or entity licensed, certified, or registered with the
3713	Department of Health or the Agency for Health Care
3714	Administration; any person or entity that has contracted with
3715	the Agency for Health Care Administration to provide goods or
3716	services to Medicaid recipients as provided under s. 409.907; a
3717	county health department established under part I of chapter
3718	154; any community service provider contracting with the
3719	Department of Children and Family Services to furnish alcohol,
3720	drug abuse, or mental health services under part IV of chapter
3721	394; any substance abuse service provider licensed under chapter
3722	397; or any federally supported primary care program such as a
3723	migrant or community health center authorized under ss. 329 and
3724	330 of the United States Public Health Services Act.
3725	Section 98.  Paragraph (a) of subsection (1) of section
3726	817.567, Florida Statutes, is amended to read:
3727	817.567  Making false claims of academic degree or title.--
3728	(1)  No person in the state may claim, either orally or in
3729	writing, to possess an academic degree, as defined in s.
3730	1005.02, or the title associated with said degree, unless the
3731	person has, in fact, been awarded said degree from an
3732	institution that is:
3733	(a)  Accredited by a regional or professional accrediting
3734	agency recognized by the United States Department of Education
3735	or the Council for Higher Education Commission on Recognition of
3736	Postsecondary Accreditation, or by their successor
3737	organizations;
3738	Section 99.  Subsection (13) of section 1009.992, Florida
3739	Statutes, is amended to read:
3740	1009.992  Definitions.--As used in this act:
3741	(13)  "Institution" means any college or university which,
3742	by virtue of law or charter, is accredited by and holds
3743	membership in the Council for Higher Education Commission on
3744	Recognition of Postsecondary Accreditation, or by its successor
3745	organization; which grants baccalaureate or associate degrees;
3746	which is not a pervasively sectarian institution; and which does
3747	not discriminate in the admission of students on the basis of
3748	race, color, religion, sex, or creed.
3749	Section 100.  Section 1012.46, Florida Statutes, is amended
3750	to read:
3751	1012.46  Athletic trainers.--
3752	(1)  School districts may establish and implement an
3753	athletic injuries prevention and treatment program. Central to
3754	this program should be the employment and availability of
3755	persons trained in the prevention and treatment of physical
3756	injuries which may occur during athletic activities. The program
3757	should reflect opportunities for progressive advancement and
3758	compensation in employment as provided in subsection (2) and
3759	meet certain other minimum standards developed by the Department
3760	of Education. The goal of the Legislature is to have school
3761	districts employ and have available a full-time teacher athletic
3762	trainer in each high school in the state.
3763	(2)  To the extent practicable, a school district program
3764	should include the following employment classification and
3765	advancement scheme:
3766	(a)  First responder.--To qualify as a first responder, a
3767	person must possess a professional, temporary, part-time,
3768	adjunct, or substitute certificate pursuant to s. 1012.56, be
3769	certified in cardiopulmonary resuscitation, first aid, and have
3770	15 semester hours in courses such as care and prevention of
3771	athletic injuries, anatomy, physiology, nutrition, counseling,
3772	and other similar courses approved by the Commissioner of
3773	Education. This person may only administer first aid and similar
3774	care and shall not hold themselves out to the school district or
3775	public as an athletic trainer pursuant to part XIII of chapter
3776	468.
3777	(b)  Teacher Athletic trainer.--To qualify as an a teacher
3778	athletic trainer, a person must be licensed as required by part
3779	XIII of chapter 468 and may be utilized by the school district
3780	as possess a professional, temporary, part-time, adjunct, or
3781	substitute certificate pursuant to s. 1012.35, s. 1012.56 or s.
3782	1012.57, and be licensed as required by part XIII of chapter
3783	468.
3784	Section 101.  Reactivation of license for clinical research
3785	purposes.--
3786	(1)  Any person who is licensed to practice medicine in the
3787	state and who left the practice of medicine for purposes of
3788	retirement and who, at the time of retirement, was in good
3789	standing with the board may apply to have his or her license
3790	reactivated, without examination, for purposes of solely
3791	providing medical services to patients in a clinical research
3792	setting. Such person must not have been out of the practice of
3793	medicine for more than 15 years at the time of application under
3794	this section.
3795	(2)  The board shall, by rule, set the reactivation fee,
3796	not to exceed $300.
3797	(3)  This section shall only apply to persons who meet all
3798	of the following criteria:
3799	(a)  A person of not less than 85 years of age on July 1,
3800	2004.
3801	(b)  A person who is providing medical services as part of
3802	a clinical study that has been reviewed and approved by a
3803	federal, state, or local institutional review board.
3804	(4)  This section is repealed June 30, 2005, unless
3805	reviewed and saved from repeal through reenactment by the
3806	Legislature.
3807	Section 102.  Sections 456.033, 456.034, 458.313, 458.3147,
3808	458.316, 458.3165, and 458.317, Florida Statutes, are repealed.
3809	Section 103.  Effective January 1, 2005, sections 468.356
3810	and 468.357, Florida Statutes, are repealed.
3811	Section 104.  Except as otherwise provided herein, this act
3812	shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.