Senate Bill sb2170e1

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    CS for CS for SB 2170                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to human health; amending s.

  3         381.005, F.S.; requiring hospitals to offer

  4         immunizations against the influenza virus and

  5         pneumococcal bacteria to all patients 65 years

  6         of age or older during specified time periods,

  7         subject to the availability of the vaccines;

  8         amending s. 395.003, F.S.; requiring a report

  9         by the Agency for Health Care Administration

10         regarding the licensure of emergency

11         departments located off the premises of

12         hospitals; prohibiting the issuance of licenses

13         for such departments before July 1, 2005;

14         amending s. 395.003, F.S.; providing additional

15         conditions for the licensure or relicensure of

16         hospitals; exempting currently licensed

17         hospitals; amending s. 395.0193, F.S., relating

18         to disciplinary powers; correcting references

19         to the Division of Medical Quality Assurance

20         and the department; amending s. 395.0197, F.S.;

21         requiring the Agency for Health Care

22         Administration to forward reports of adverse

23         incidents to the division; amending s.

24         395.3025, F.S.; providing requirements for a

25         facility administrator or records custodian

26         with respect to the certification of patient

27         records; specifying the charges for reproducing

28         records; revising purposes for which patient

29         records may be used; amending s. 395.7015,

30         F.S., relating to annual assessments;

31         correcting cross-references; amending s.


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    CS for CS for SB 2170                          First Engrossed



 1         400.141, F.S.; providing requirements for the

 2         production of records by nursing home

 3         facilities; amending s. 400.145, F.S.;

 4         providing requirements for a facility

 5         administrator or records custodian with respect

 6         to the certification of patient records;

 7         allowing facilities to charge a reasonable fee

 8         for certain copies of documents which are

 9         provided to the department; amending s.

10         400.147, F.S.; requiring the Agency for Health

11         Care Administration to provide certain reports

12         to the division; amending s. 400.211, F.S.;

13         revising inservice training requirements for

14         nursing assistants; correcting a

15         cross-reference; revising qualifications for

16         nursing assistants; correcting a

17         cross-reference; amending s. 400.215, F.S.;

18         providing that a person who has been screened

19         under certain provisions of law is not required

20         to be rescreened to be employed in a nursing

21         home; amending s. 400.423, F.S.; requiring the

22         Agency for Health Care Administration to

23         forward reports of adverse incidents to the

24         division; creating s. 400.455, F.S.; providing

25         requirements for the production of records by

26         assisted living facilities; amending s. 440.13,

27         F.S.; correcting a cross-reference; amending s.

28         456.005, F.S.; requiring the department to

29         obtain input from licensees in developing

30         long-range plans; amending s. 456.011, F.S.;

31         providing procedures for resolving a conflict


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    CS for CS for SB 2170                          First Engrossed



 1         between two or more boards; authorizing the

 2         Secretary of Health to resolve certain

 3         conflicts between boards; amending s. 456.012,

 4         F.S.; limiting challenges by a board to a

 5         declaratory statement; amending s. 456.013,

 6         F.S.; increasing the period of validity of a

 7         temporary license; authorizing a rule allowing

 8         coursework to be completed by certain teaching

 9         activities; revising requirements for wall

10         certificates; amending s. 381.00593, F.S.,

11         relating to the public school volunteer

12         program; correcting a cross-reference; amending

13         s. 456.017, F.S.; revising requirements for

14         examinations; authorizing the department to

15         post scores on the Internet; creating s.

16         456.0195, F.S.; requiring continuing education

17         concerning domestic violence, and HIV and AIDS;

18         specifying course content; providing for

19         disciplinary action for failure to comply with

20         the requirements; amending s. 456.025, F.S.;

21         revising reporting requirements for the

22         department concerning management of the boards;

23         deleting requirements for the Department of

24         Health to administer an electronic continuing

25         education tracking system for health care

26         practitioners; creating s. 456.0251, F.S.;

27         providing for enforcement of continuing

28         education requirements required for license

29         renewal; authorizing citations and fines to be

30         imposed for failure to comply with required

31         continuing education requirements; amending s.


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    CS for CS for SB 2170                          First Engrossed



 1         456.031, F.S.; revising requirements for

 2         continuing education concerning domestic

 3         violence; deleting a reporting requirement;

 4         amending ss. 456.036 and 456.037, F.S.;

 5         authorizing the board or department to require

 6         the display of a license; amending s. 456.039,

 7         F.S., relating to designated health care

 8         professionals; correcting a cross-reference;

 9         amending s. 456.057, F.S.; specifying the

10         charges for healthcare practitioners to

11         reproduce records for the Department of Health;

12         amending s. 456.063, F.S.; authorizing the

13         board or the department to adopt rules to

14         determine the sufficiency of an allegation of

15         sexual misconduct; amending s. 456.072, F.S.;

16         revising certain grounds for disciplinary

17         action; prohibiting the provision of a drug if

18         the patient does not have a valid professional

19         relationship with the prescribing practitioner;

20         providing for disciplinary action against an

21         impaired practitioner who is terminated from an

22         impaired practitioner program for failure to

23         comply, without good cause, with the terms of

24         his or her monitoring or treatment contract;

25         authorizing the department to impose a fee to

26         defray the costs of monitoring a licensee's

27         compliance with an order; amending s. 456.073,

28         F.S.; revising certain procedures for

29         investigations concerning a disciplinary

30         proceeding; amending s. 457.105, F.S.; revising

31         requirements for licensure to practice


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    CS for CS for SB 2170                          First Engrossed



 1         acupuncture; amending s. 457.107, F.S.;

 2         removing certain education programs as eligible

 3         for continuing education credit; authorizing

 4         the Board of Acupuncture to adopt rules for

 5         establishing standards for providers of

 6         continuing education activities; amending s.

 7         457.109, F.S.; clarifying circumstances under

 8         which the department may take disciplinary

 9         action; amending s. 458.303, F.S., relating to

10         certain exceptions to the practice acts;

11         correcting cross-references; amending s.

12         458.311, F.S.; revising licensure requirements

13         for physicians; amending s. 458.3124, F.S.,

14         relating to restricted licenses; correcting a

15         cross-reference; amending s. 458.315, F.S.;

16         revising requirements for issuing a limited

17         license to practice as a physician; providing

18         for waiver of fees and assessments; amending s.

19         458.319, F.S., relating to continuing

20         education; conforming provisions; amending s.

21         458.320, F.S., relating to financial

22         responsibility; correcting a cross-reference;

23         amending s. 458.331, F.S.; revising

24         requirements for a physician in responding to a

25         complaint or other document; amending s.

26         458.345, F.S., relating to the registration of

27         residents, interns, and fellows; correcting a

28         cross-reference; amending s. 458.347, F.S.;

29         revising requirements for licensure as a

30         physician assistant; revising requirements for

31         temporary licensure; authorizing the board to


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    CS for CS for SB 2170                          First Engrossed



 1         mandate requirements for continuing medical

 2         education, including alternative methods for

 3         obtaining credits; amending s. 459.008, F.S.;

 4         authorizing the board to require by rule

 5         continuing medical education and approve

 6         alternative methods of obtaining credits;

 7         amending s. 459.015, F.S.; revising

 8         requirements for an osteopathic physician in

 9         responding to a complaint or other document;

10         amending s. 459.021, F.S.; revising certain

11         requirements for registration as a resident,

12         intern, or fellow; amending s. 460.406, F.S.,

13         relating to the licensure of chiropractic

14         physicians; correcting a reference; revising

15         requirements for chiropractic physician

16         licensure to allow a student in his or her

17         final year of an accredited chiropractic school

18         to apply for licensure; amending ss. 460.413

19         and 461.013, F.S.; revising requirements for a

20         chiropractic physician and podiatric physician

21         in responding to a complaint or other document;

22         amending s. 461.014, F.S.; revising the

23         interval at which hospitals with podiatric

24         residency programs submit lists of podiatric

25         residents; amending s. 463.006, F.S., relating

26         to optometry; correcting a reference; amending

27         and reenacting s. 464.009, F.S.; amending s.

28         464.0205, F.S., relating to volunteer nurses;

29         correcting a cross-reference; amending s.

30         464.201, F.S.; defining the term "practice of a

31         certified nursing assistant"; amending s.


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    CS for CS for SB 2170                          First Engrossed



 1         464.202, F.S.; requiring rules for practice as

 2         a certified nursing assistant which specify the

 3         scope of authorized practice and level of

 4         supervision required; amending s. 464.203,

 5         F.S.; revising screening requirements for

 6         certified nursing assistants; revising the

 7         requirements for conducting the background

 8         screening; requiring the Agency for Health Care

 9         Administration to post information relating to

10         background screening in its database after

11         January 1, 2005; requiring that the database be

12         available to employers and prospective

13         employers; amending s. 464.204, F.S., relating

14         to disciplinary actions; clarifying a

15         cross-reference; amending s. 465.0075, F.S.;

16         clarifying requirements for certain continuing

17         education for pharmacists; amending s. 465.022,

18         F.S.; requiring that a pharmacy permit be

19         issued only to a person or corporate officers

20         who are 18 years of age or older and of good

21         moral character; requiring that certain persons

22         applying for a pharmacy permit submit

23         fingerprints for a criminal history check;

24         amending s. 465.023, F.S.; authorizing the

25         department to deny a pharmacy permit

26         application for specified reasons; specifying

27         additional criteria for denying, revoking or

28         suspending a pharmacy permit; amending s.

29         465.025, F.S.; revising requirements for the

30         substitution of drugs; deleting requirements

31         that a pharmacy establish a formulary of


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    CS for CS for SB 2170                          First Engrossed



 1         generic and brand name drugs; amending s.

 2         465.0251, F.S., relating to generic drugs;

 3         correcting a cross-reference; amending s.

 4         465.0265, F.S.; providing requirements for

 5         central fill pharmacies that prepare

 6         prescriptions on behalf of pharmacies; amending

 7         s. 465.026, F.S.; authorizing a community

 8         pharmacy to transfer a prescription for certain

 9         controlled substances; amending s. 466.007,

10         F.S.; revising requirements for dental

11         hygienists in qualifying for examination;

12         amending s. 466.021, F.S.; revising records

13         requirements concerning unlicensed persons

14         employed by a dentist; amending s. 467.009,

15         F.S., relating to midwifery programs;

16         correcting references; amending s. 467.013,

17         F.S.; providing for placing a midwife license

18         on inactive status pursuant to rule of the

19         department; deleting requirements for

20         reactivating an inactive license; amending s.

21         467.0135, F.S.; revising requirements for fees,

22         to conform; amending s. 467.017, F.S.; revising

23         requirements for the emergency care plan;

24         amending s. 468.1155, F.S., relating to the

25         practice of speech-language pathology and

26         audiology; correcting references; amending s.

27         468.352, F.S.; revising and providing

28         definitions applicable to the regulation of

29         respiratory therapy; amending s. 468.355, F.S.;

30         revising provisions relating to respiratory

31         therapy licensure and testing requirements;


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    CS for CS for SB 2170                          First Engrossed



 1         amending s. 468.368, F.S.; revising exemptions

 2         from respiratory therapy licensure

 3         requirements; repealing s. 468.356, F.S.,

 4         relating to the approval of educational

 5         programs; repealing s. 468.357, F.S., relating

 6         to licensure by examination; amending s.

 7         468.509, F.S., relating to

 8         dietitian/nutritionists; correcting references;

 9         amending s. 468.707, F.S., relating to

10         licensure as an athletic trainer; conforming

11         provisions to changes made by the act; amending

12         s. 480.041, F.S.; revising requirements for

13         licensure as a massage therapist; requiring the

14         department to provide for a written examination

15         for the practice of colonic irrigation;

16         amending s. 486.021, F.S., relating to the

17         practice of physical therapy; redefining the

18         term "direct supervision"; amending s. 486.031,

19         F.S., relating to licensure requirements;

20         correcting references; amending s. 486.051,

21         F.S.; revising examination requirements;

22         amending s. 486.081, F.S.; providing for

23         licensure by endorsement for physical

24         therapists licensed in another jurisdiction;

25         amending s. 486.102, F.S.; revising

26         requirements for licensure; correcting

27         reference; amending s. 486.104, F.S.; revising

28         examination requirements for a physical

29         therapist assistant; amending s. 486.107, F.S.;

30         providing for licensure by endorsement for

31         physical therapist assistants licensed in


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    CS for CS for SB 2170                          First Engrossed



 1         another jurisdiction; amending s. 486.109,

 2         F.S.; revising requirements for continuing

 3         education; amending s. 486.161, F.S.; providing

 4         an exemption from licensure for certain

 5         physical therapists affiliated with a team or

 6         organization temporarily located in the state;

 7         amending s. 486.172, F.S.; clarifying

 8         provisions governing the qualifications of

 9         immigrants for examination; amending s.

10         490.005, F.S., relating to psychological

11         services; correcting references; amending s.

12         490.014, F.S.; providing a salaried employee of

13         a private provider who contracts with a

14         governmental agency to provide certain

15         psychological services the same exemption from

16         licensing requirements which a salaried

17         employee of the governmental agency receives;

18         amending s. 491.005, F.S., relating to

19         clinical, counseling, and psychotherapy

20         services; revising licensure requirements;

21         correcting references; amending s. 491.006,

22         F.S.; providing requirements for licensure by

23         endorsement as a mental health counselor;

24         amending s. 491.014, F.S.; providing a salaried

25         employee of a private provider who contracts

26         with a governmental agency to provide certain

27         psychological services the same exemption from

28         licensing requirements which a salaried

29         employee of the governmental agency receives;

30         amending ss. 491.009 and 491.0145, F.S.;

31         clarifying provisions governing the discipline


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    CS for CS for SB 2170                          First Engrossed



 1         of a certified master social worker; creating

 2         s. 491.0146, F.S.; providing for the validity

 3         of certain licenses to practice as a certified

 4         master social worker; amending s. 491.0147,

 5         F.S.; providing an exemption from liability for

 6         disclosure of confidential information under

 7         certain circumstances; amending s. 766.314,

 8         F.S.; correcting a cross-reference; amending s.

 9         817.505, F.S.; clarifying provisions

10         prohibiting actions that constitute patient

11         brokering; amending s. 817.567, F.S., relating

12         to making false claims of a degree or title;

13         correcting a reference; amending s. 1009.992,

14         F.S., relating to the Florida Higher Education

15         Loan Authority Act; correcting a reference;

16         amending s. 468.711, F.S.; deleting the

17         requirement that continuing education for

18         athletic trainers include first aid; amending

19         s. 468.723, F.S.; revising exemptions from

20         licensure requirements; amending s. 1012.46,

21         F.S.; providing that a first responder for a

22         school district may not represent himself or

23         herself as an athletic trainer; providing for

24         reactivation of a license to practice medicine

25         by certain retired practitioners; providing

26         conditions on such reactivation; providing for

27         a fee; providing powers, including rulemaking

28         powers, of the Board of Medicine; providing for

29         future review and expiration; amending s.

30         466.0135, F.S.; providing additional

31         requirements for continuing education for


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    CS for CS for SB 2170                          First Engrossed



 1         dentists; amending s. 480.034, F.S.; exempting

 2         certain massage therapists from premises

 3         licensure; amending s. 400.9905, F.S.;

 4         providing that certain entities providing

 5         oncology or radiation therapy services are

 6         exempt from the licensure requirements of part

 7         XIII of ch. 400, F.S.; providing legislative

 8         intent with respect to such exemption;

 9         providing for retroactive application;

10         repealing ss. 456.033, 456.034, 458.313,

11         458.3147, 458.316, 458.3165, 458.317,

12         468.711(3), and 480.044(1)(h), F.S., relating

13         to instruction concerning HIV and AIDS,

14         licensure by endorsement of physicians, medical

15         school eligibility, public health and public

16         psychiatry certificates, limited licenses, and

17         examination fees; amending s. 466.006, F.S.;

18         allowing certain dental students to take the

19         examinations required to practice dentistry in

20         this state under specified conditions;

21         providing a prerequisite to licensure of such

22         students; creating s. 466.0065, F.S.; allowing

23         certain dental students to take regional

24         licensure examinations under specified

25         conditions; restricting the applicability of

26         examination results to licensing in other

27         jurisdictions; requiring approval by the Board

28         of Dentistry and providing prerequisites to

29         such approval; amending s. 456.048, F.S.;

30         requiring the Board of Medicine and the Board

31         of Osteopathic Medicine to require medical


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    CS for CS for SB 2170                          First Engrossed



 1         malpractice insurance or proof of financial

 2         responsibility as a condition of licensure or

 3         licensure renewal for licensed anesthesiologist

 4         assistants; amending ss. 458.331, 459.015,

 5         F.S.; revising grounds for which a physician

 6         may be disciplined for failing to provide

 7         adequate supervision; creating ss. 458.3475,

 8         459.023, F.S.; providing definitions; providing

 9         performance standards for anesthesiologist

10         assistants and supervising anesthesiologists;

11         providing for the approval of training programs

12         and for services authorized to be performed by

13         trainees; providing licensing procedures;

14         providing for fees; providing for additional

15         membership, powers, and duties of the Board of

16         Medicine and the Board of Osteopathic Medicine;

17         providing penalties; providing for disciplinary

18         actions; providing for the adoption of rules;

19         prescribing liability; providing for the

20         allocation of fees; amending s. 400.506, F.S.;

21         revising duties of nurse registries with

22         respect to advising patients and their families

23         or representatives with respect to home visits;

24         revising requirements for plans of treatment;

25         amending s. 400.487, F.S.; revising home health

26         agency service agreements and treatment orders;

27         providing a short title; requiring the Agency

28         for Workforce Innovation to establish a pilot

29         program for delivery of certified geriatric

30         specialty nursing education; specifying

31         eligibility requirements for certified nursing


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    CS for CS for SB 2170                          First Engrossed



 1         assistants to obtain certified geriatric

 2         specialty nursing education; specifying

 3         requirements for the education of certified

 4         nursing assistants to prepare for certification

 5         as a certified geriatric specialist; creating a

 6         Certified Geriatric Specialty Nursing

 7         Initiative Steering Committee; providing for

 8         the composition of and manner of appointment to

 9         the Certified Geriatric Specialty Nursing

10         Initiative Steering Committee; providing

11         responsibilities of the steering committee;

12         providing for reimbursement for per diem and

13         travel expenses; requiring the Agency for

14         Workforce Innovation to conduct or contract for

15         an evaluation of the pilot program for delivery

16         of certified geriatric specialty nursing

17         education; requiring the evaluation to include

18         recommendations regarding the expansion of the

19         delivery of certified geriatric specialty

20         nursing education in nursing homes; requiring

21         the Agency for Workforce Innovation to report

22         to the Governor and Legislature regarding the

23         status and evaluation of the pilot program;

24         creating s. 464.0125, F.S.; providing

25         definitions; providing requirements for persons

26         to become certified geriatric specialists;

27         specifying fees; providing for articulation of

28         geriatric specialty nursing coursework and

29         practical nursing coursework; providing

30         practice standards and grounds for which

31         certified geriatric specialists may be subject


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    CS for CS for SB 2170                          First Engrossed



 1         to discipline by the Board of Nursing; creating

 2         restrictions on the use of professional nursing

 3         titles; prohibiting the use of certain

 4         professional titles; providing penalties;

 5         authorizing approved nursing programs to

 6         provide education for the preparation of

 7         certified geriatric specialists without further

 8         board approval; authorizing certified geriatric

 9         specialists to supervise the activities of

10         others in nursing home facilities according to

11         rules by the Board of Nursing; revising

12         terminology relating to nursing to conform to

13         the certification of geriatric specialists;

14         amending s. 381.00315, F.S.; revising

15         requirements for the reactivation of the

16         licenses of specified health care practitioners

17         in the event of a public health emergency to

18         include certified geriatric specialists;

19         amending s. 400.021, F.S.; including services

20         provided by a certified geriatric specialist

21         within the definition of nursing service;

22         amending s. 400.23, F.S.; specifying that

23         certified geriatric specialists shall be

24         considered licensed nursing staff; authorizing

25         licensed practical nurses to supervise the

26         activities of certified geriatric specialists

27         in nursing home facilities according to rules

28         adopted by the Board of Nursing; amending s.

29         409.908, F.S.; revising the methodology for

30         reimbursement of Medicaid program providers to

31         include services of certified geriatric


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    CS for CS for SB 2170                          First Engrossed



 1         specialists; amending s. 1009.65, F.S.;

 2         revising eligibility for the Medical Education

 3         Reimbursement and Loan Repayment Program to

 4         include certified geriatric specialists;

 5         amending s. 1009.66, F.S.; revising eligibility

 6         requirements for the Nursing Student Loan

 7         Forgiveness Program to include certified

 8         geriatric specialists; providing an

 9         appropriation; amending s. 400.9905, F.S.;

10         revising the definitions of "clinic" and

11         "medical director" and defining "mobile clinic"

12         and "portable equipment provider" for purposes

13         of the Health Care Clinic Act; providing that

14         certain entities providing oncology or

15         radiation therapy services are exempt from the

16         licensure requirements of part XIII of ch. 400,

17         F.S.; providing legislative intent with respect

18         to such exemption; providing for retroactive

19         application; amending s. 400.991, F.S.;

20         requiring each mobile clinic to obtain a health

21         care clinic license; requiring a portable

22         equipment provider to obtain a health care

23         clinic license for a single office and

24         exempting such a provider from submitting

25         certain information to the Agency for Health

26         Care Administration; revising the date by which

27         an initial application for a health care clinic

28         license must be filed with the agency; revising

29         the definition of "applicant"; amending s.

30         400.9935, F.S.; providing that an exemption

31         from licensure is not transferable; providing


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    CS for CS for SB 2170                          First Engrossed



 1         that the agency may charge a fee of applicants

 2         for certificates of exemption; providing that

 3         the agency may deny an application or revoke a

 4         license under certain circumstances; amending

 5         s. 400.995, F.S.; providing that the agency may

 6         deny, revoke, or suspend specified licenses and

 7         impose fines for certain violations; providing

 8         that a temporary license expires after a notice

 9         of intent to deny an application is issued by

10         the agency; providing that persons or entities

11         made exempt under the act and which have paid

12         the clinic licensure fee to the agency are

13         entitled to a partial refund from the agency;

14         providing that certain persons or entities are

15         not in violation of part XIII of ch. 400, F.S.,

16         due to failure to apply for a clinic license by

17         a specified date; providing that certain

18         payments may not be denied to such persons or

19         entities for failure to apply for or obtain a

20         clinic license before a specified date;

21         providing effective dates.

22  

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

24  

25         Section 1.  Present subsection (2) of section 381.005,

26  Florida Statutes, is redesignated as subsection (3), and a new

27  subsection (2) is added to that section, to read:

28         381.005  Primary and preventive health services.--

29         (2)  Between October 1, or earlier if the vaccination

30  is available, and February 1 of every year, subject to the

31  availability of an adequate supply of the necessary vaccine,


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    CS for CS for SB 2170                          First Engrossed



 1  each hospital licensed under chapter 395 shall implement a

 2  program to offer immunizations against the influenza virus and

 3  pneumococcal bacteria to all patients 65 years of age or

 4  older, in accordance with the recommendations of the Advisory

 5  Committee on Immunization Practices of the United States

 6  Centers for Disease Control and Prevention and subject to the

 7  clinical judgment of the responsible practitioner.

 8         Section 2.  Subsections (9), (10), and (11) are added

 9  to section 395.003, Florida Statutes, to read:

10         395.003  Licensure; issuance, renewal, denial,

11  modification, suspension, and revocation.--

12         (9)  A hospital may not be licensed or relicensed if:

13         (a)  The diagnosis-related groups for 65 percent or

14  more of the discharges from the hospital, in the most recent

15  year for which data is available to the Agency for Health Care

16  Administration pursuant to s. 408.061, are for diagnosis,

17  care, and treatment of patients who have:

18         1.  Cardiac-related diseases and disorders classified

19  as diagnosis-related groups 103-145, 478-479, 514-518, or

20  525-527;

21         2.  Orthopedic-related diseases and disorders

22  classified as diagnosis-related groups 209-256, 471, 491,

23  496-503, or 519-520;

24         3.  Cancer-related diseases and disorders classified as

25  diagnosis-related groups 64, 82, 172, 173, 199, 200, 203,

26  257-260, 274, 275, 303, 306, 307, 318, 319, 338, 344, 346,

27  347, 363, 366, 367, 400-414, 473, or 492; or

28         4.  Any combination of the above discharges.

29         (b)  The hospital restricts its medical and surgical

30  services to primarily or exclusively cardiac, orthopedic,

31  surgical, or oncology specialties.


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    CS for CS for SB 2170                          First Engrossed



 1         (10)  A hospital licensed as of June 1, 2004, shall be

 2  exempt from subsection (9) as long as the hospital maintains

 3  the same ownership, facility street address, and range of

 4  services that were in existence on June 1, 2004. Any transfer

 5  of beds, or other agreements that result in the establishment

 6  of a hospital or hospital services within the intent of this

 7  section, shall be subject to subsection (9). Unless the

 8  hospital is otherwise exempt under subsection (9), the agency

 9  shall deny or revoke the license of a hospital that violates

10  any of the criteria set forth in that subsection.

11         (11)  The agency may adopt rules implementing the

12  licensure requirements set forth in subsection (9). Within 14

13  days after rendering its decision on a license application or

14  revocation, the agency shall publish its proposed decision in

15  the Florida Administrative Weekly. Within 21 days after

16  publication of the agency's decision, any authorized person

17  may file a request for an administrative hearing. In

18  administrative proceedings challenging the approval, denial,

19  or revocation of a license pursuant to subsection (9), the

20  hearing must be based on the facts and law existing at the

21  time of the agency's proposed agency action. Existing

22  hospitals may initiate or intervene in an administrative

23  hearing to approve, deny, or revoke licensure under subsection

24  (9) based upon a showing that an established program will be

25  substantially affected by the issuance or renewal of a license

26  to a hospital within the same district or service area.

27         Section 3.  Subsection (1) of section 395.003, Florida

28  Statutes, is amended to read:

29         395.003  Licensure; issuance, renewal, denial,

30  modification, suspension, and revocation.--

31  


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    CS for CS for SB 2170                          First Engrossed



 1         (1)(a)  A No person may not shall establish, conduct,

 2  or maintain a hospital, ambulatory surgical center, or mobile

 3  surgical facility in this state without first obtaining a

 4  license under this part.

 5         (b)1.  It is unlawful for a any person to use or

 6  advertise to the public, in any way or by any medium

 7  whatsoever, any facility as a "hospital," "ambulatory surgical

 8  center," or "mobile surgical facility" unless such facility

 9  has first secured a license under the provisions of this part.

10         2.  Nothing in This part does not apply applies to

11  veterinary hospitals or to commercial business establishments

12  using the word "hospital," "ambulatory surgical center," or

13  "mobile surgical facility" as a part of a trade name if no

14  treatment of human beings is performed on the premises of such

15  establishments.

16         3.  By December 31, 2004, the agency shall submit a

17  report to the President of the Senate and the Speaker of the

18  House of Representatives recommending whether it is in the

19  public interest to allow a hospital to license or operate an

20  emergency department located off the premises of the hospital.

21  If the agency finds it to be in the public interest, the

22  report shall also recommend licensure criteria for such

23  medical facilities, including criteria related to quality of

24  care and, if deemed necessary, the elimination of the

25  possibility of confusion related to the service capabilities

26  of such facility in comparison to the service capabilities of

27  an emergency department located on the premises of the

28  hospital. Until July 1, 2005, additional emergency departments

29  located off the premises of licensed hospitals may not be

30  authorized by the agency.

31  


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    CS for CS for SB 2170                          First Engrossed



 1         Section 4.  Subsection (4) of section 395.0193, Florida

 2  Statutes, is amended to read:

 3         395.0193  Licensed facilities; peer review;

 4  disciplinary powers; agency or partnership with physicians.--

 5         (4)  Pursuant to ss. 458.337 and 459.016, any

 6  disciplinary actions taken under subsection (3) shall be

 7  reported in writing to the Division of Medical Health Quality

 8  Assurance of the Department of Health agency within 30 working

 9  days after its initial occurrence, regardless of the pendency

10  of appeals to the governing board of the hospital. The

11  notification shall identify the disciplined practitioner, the

12  action taken, and the reason for such action. All final

13  disciplinary actions taken under subsection (3), if different

14  from those which were reported to the division agency within

15  30 days after the initial occurrence, shall be reported within

16  10 working days to the Division of Medical Health Quality

17  Assurance of the department agency in writing and shall

18  specify the disciplinary action taken and the specific grounds

19  therefor. The division shall review each report and determine

20  whether it potentially involved conduct by the licensee that

21  is subject to disciplinary action, in which case s. 456.073

22  shall apply. The reports are not subject to inspection under

23  s. 119.07(1) even if the division's investigation results in a

24  finding of probable cause.

25         Section 5.  Subsection (7) of section 395.0197, Florida

26  Statutes, is amended to read:

27         395.0197  Internal risk management.--

28         (7)  Any of the following adverse incidents, whether

29  occurring in the licensed facility or arising from health care

30  prior to admission in the licensed facility, shall be reported

31  


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    CS for CS for SB 2170                          First Engrossed



 1  by the facility to the agency within 15 calendar days after

 2  its occurrence:

 3         (a)  The death of a patient;

 4         (b)  Brain or spinal damage to a patient;

 5         (c)  The performance of a surgical procedure on the

 6  wrong patient;

 7         (d)  The performance of a wrong-site surgical

 8  procedure;

 9         (e)  The performance of a wrong surgical procedure;

10         (f)  The performance of a surgical procedure that is

11  medically unnecessary or otherwise unrelated to the patient's

12  diagnosis or medical condition;

13         (g)  The surgical repair of damage resulting to a

14  patient from a planned surgical procedure, where the damage is

15  not a recognized specific risk, as disclosed to the patient

16  and documented through the informed-consent process; or

17         (h)  The performance of procedures to remove unplanned

18  foreign objects remaining from a surgical procedure.

19  

20  The agency may grant extensions to this reporting requirement

21  for more than 15 days upon justification submitted in writing

22  by the facility administrator to the agency. The agency may

23  require an additional, final report. These reports shall not

24  be available to the public under pursuant to s. 119.07(1) or

25  any other law providing access to public records, nor be

26  discoverable or admissible in any civil or administrative

27  action, except in disciplinary proceedings by the agency or

28  the appropriate regulatory board, nor shall they be available

29  to the public as part of the record of investigation for and

30  prosecution in disciplinary proceedings made available to the

31  public by the agency or the appropriate regulatory board.


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    CS for CS for SB 2170                          First Engrossed



 1  However, the agency or the appropriate regulatory board shall

 2  make available, upon written request by a health care

 3  professional against whom probable cause has been found, any

 4  such records that which form the basis of the determination of

 5  probable cause. The agency may investigate, as it deems

 6  appropriate, any such incident and prescribe measures that

 7  must or may be taken in response to the incident. The agency

 8  shall forward a copy of the report of review each incident to

 9  the Division of Medical Quality Assurance in the Department of

10  Health to and determine whether it potentially involved

11  conduct by the health care professional who is subject to

12  disciplinary action, in which case the provisions of s.

13  456.073 shall apply.

14         Section 6.  Paragraphs (a) and (e) of subsection (4) of

15  section 395.3025, Florida Statutes, are amended, paragraph (l)

16  is added to that subsection, and paragraph (b) of subsection

17  (7) of that section, is amended, to read:

18         395.3025  Patient and personnel records; copies;

19  examination.--

20         (4)  Patient records are confidential and must not be

21  disclosed without the consent of the person to whom they

22  pertain, but appropriate disclosure may be made without such

23  consent to:

24         (a)  Licensed Facility personnel and all other licensed

25  health care practitioners attending physicians for use in

26  connection with the treatment of the patient.

27         (e)  The Department of Health agency upon subpoena

28  issued pursuant to s. 456.071, but the records obtained

29  thereby must be used solely for the purpose of the department

30  agency and the appropriate professional board in its

31  investigation, prosecution, and appeal of disciplinary


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    CS for CS for SB 2170                          First Engrossed



 1  proceedings. The administrator or records custodian in a

 2  facility licensed under this chapter shall certify that a true

 3  and complete copy of the records requested under a subpoena or

 4  the release of a patient have been provided to the department

 5  or otherwise identify those documents that have not been

 6  provided. If the department agency requests copies of the

 7  records, the facility may charge the department the reasonable

 8  costs of reproducing the records shall charge no more than its

 9  actual copying costs, including reasonable staff time. The

10  records must be sealed and must not be available to the public

11  pursuant to s. 119.07(1) or any other statute providing access

12  to records, nor may they be available to the public as part of

13  the record of investigation for and prosecution in

14  disciplinary proceedings made available to the public by the

15  department agency or the appropriate regulatory board.

16  However, the department agency must make available, upon

17  written request by a practitioner against whom probable cause

18  has been found, any such records that form the basis of the

19  determination of probable cause.

20         1.  Reasonable costs of reproducing copies of written

21  or typed documents or reports may not be more than:

22         a.  For the first 25 pages, $1 per page.

23         b.  For each page in excess of 25 pages, 25 cents.

24         2.  Reasonable costs of reproducing X rays and other

25  special kinds of records are the actual costs. The term

26  "actual costs" means the cost of the material and supplies

27  used to duplicate the record, as well as the labor costs

28  associated with the duplication.

29         (l)  Researchers or facility personnel for research

30  purposes if the facility or researchers demonstrate compliance

31  with the requirements of 45 C.F.R. s. 164.512(i).


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    CS for CS for SB 2170                          First Engrossed



 1         (7)

 2         (b)  Absent a specific written release or authorization

 3  permitting utilization of patient information for solicitation

 4  or marketing the sale of goods or services, any use of such

 5  that information for that purpose those purposes is

 6  prohibited. As used in this paragraph, the term "marketing"

 7  has the same meaning as set forth in 45 C.F.R. s. 164.501.

 8         Section 7.  Paragraph (b) of subsection (2) of section

 9  395.7015, Florida Statutes, is amended to read:

10         395.7015  Annual assessment on health care entities.--

11         (2)  There is imposed an annual assessment against

12  certain health care entities as described in this section:

13         (b)  For the purpose of this section, "health care

14  entities" include the following:

15         1.  Ambulatory surgical centers and mobile surgical

16  facilities licensed under s. 395.003. This subsection shall

17  only apply to mobile surgical facilities operating under

18  contracts entered into on or after July 1, 1998.

19         2.  Clinical laboratories licensed under s. 483.091,

20  excluding any hospital laboratory defined under s. 483.041(6),

21  any clinical laboratory operated by the state or a political

22  subdivision of the state, any clinical laboratory which

23  qualifies as an exempt organization under s. 501(c)(3) of the

24  Internal Revenue Code of 1986, as amended, and which receives

25  70 percent or more of its gross revenues from services to

26  charity patients or Medicaid patients, and any blood, plasma,

27  or tissue bank procuring, storing, or distributing blood,

28  plasma, or tissue either for future manufacture or research or

29  distributed on a nonprofit basis, and further excluding any

30  clinical laboratory which is wholly owned and operated by 6 or

31  fewer physicians who are licensed under pursuant to chapter


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    CS for CS for SB 2170                          First Engrossed



 1  458 or chapter 459 and who practice in the same group

 2  practice, and at which no clinical laboratory work is

 3  performed for patients referred by any health care provider

 4  who is not a member of the same group.

 5         3.  Diagnostic-imaging centers that are freestanding

 6  outpatient facilities that provide specialized services for

 7  the identification or determination of a disease through

 8  examination and also provide sophisticated radiological

 9  services, and in which services are rendered by a physician

10  licensed by the Board of Medicine under s. 458.311, s.

11  458.313, or s. 458.315 s. 458.317, or by an osteopathic

12  physician licensed by the Board of Osteopathic Medicine under

13  s. 459.006, s. 459.007, or s. 459.0075.  For purposes of this

14  paragraph, "sophisticated radiological services" means the

15  following:  magnetic resonance imaging; nuclear medicine;

16  angiography; arteriography; computed tomography; positron

17  emission tomography; digital vascular imaging; bronchography;

18  lymphangiography; splenography; ultrasound, excluding

19  ultrasound providers that are part of a private physician's

20  office practice or when ultrasound is provided by two or more

21  physicians licensed under chapter 458 or chapter 459 who are

22  members of the same professional association and who practice

23  in the same medical specialties; and such other sophisticated

24  radiological services, excluding mammography, as adopted in

25  rule by the board.

26         Section 8.  Subsection (10) of section 400.141, Florida

27  Statutes, is amended to read:

28         400.141  Administration and management of nursing home

29  facilities.--Every licensed facility shall comply with all

30  applicable standards and rules of the agency and shall:

31  


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    CS for CS for SB 2170                          First Engrossed



 1         (10)  Keep full records of resident admissions and

 2  discharges; medical and general health status, including

 3  medical records, personal and social history, and identity and

 4  address of next of kin or other persons who may have

 5  responsibility for the affairs of the residents; and

 6  individual resident care plans including, but not limited to,

 7  prescribed services, service frequency and duration, and

 8  service goals.  The records shall be open to inspection by the

 9  agency. A certified true and complete copy of the records

10  shall be provided to the Department of Health upon subpoena

11  issued under s. 456.057 or s. 456.071. The provisions of

12  chapter 456 apply to the records obtained under this section.

13  

14  Facilities that have been awarded a Gold Seal under the

15  program established in s. 400.235 may develop a plan to

16  provide certified nursing assistant training as prescribed by

17  federal regulations and state rules and may apply to the

18  agency for approval of their program.

19         Section 9.  Subsection (3) is added to section 400.145,

20  Florida Statutes, to read:

21         400.145  Records of care and treatment of resident;

22  copies to be furnished.--

23         (3)  The administrator or records custodian in a

24  facility licensed under this chapter shall certify that a true

25  and complete copy of the records requested pursuant to a

26  subpoena or patient release have been provided to the

27  Department of Health or otherwise identify those documents

28  that have not been provided. The department may be charged a

29  reasonable fee, in accordance with subsection (1), for copies

30  of written or typed documents or reports provided to the

31  department.


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    CS for CS for SB 2170                          First Engrossed



 1         Section 10.  Subsections (7) and (8) of section

 2  400.147, Florida Statutes, are amended to read:

 3         400.147  Internal risk management and quality assurance

 4  program.--

 5         (7)  The facility shall initiate an investigation and

 6  shall notify the agency within 1 business day after the risk

 7  manager or his or her designee has received a report under

 8  pursuant to paragraph (1)(d). The notification must be made in

 9  writing and be provided electronically, by facsimile device or

10  overnight mail delivery. The notification must include

11  information regarding the identity of the affected resident,

12  the type of adverse incident, the initiation of an

13  investigation by the facility, and whether the events causing

14  or resulting in the adverse incident represent a potential

15  risk to any other resident. The notification is confidential

16  as provided by law and is not discoverable or admissible in

17  any civil or administrative action, except in disciplinary

18  proceedings by the agency, the Department of Health, or the

19  appropriate regulatory board. The agency may investigate, as

20  it deems appropriate, any such incident and prescribe measures

21  that must or may be taken in response to the incident. The

22  Department of Health agency shall review each incident and

23  determine whether it potentially involved conduct by the

24  health care professional who is subject to disciplinary

25  action, in which case the provisions of s. 456.073 shall

26  apply.

27         (8)(a)  Each facility shall complete the investigation

28  and submit an adverse incident report to the agency for each

29  adverse incident within 15 calendar days after its occurrence.

30  If, after a complete investigation, the risk manager

31  determines that the incident was not an adverse incident as


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    CS for CS for SB 2170                          First Engrossed



 1  defined in subsection (5), the facility shall include this

 2  information in the report. The agency shall develop a form for

 3  reporting this information.

 4         (b)  A copy of the report submitted The information

 5  reported to the agency under pursuant to paragraph (a) which

 6  relates to health care practitioners as defined in s.

 7  456.001(4) shall be forwarded by the agency to the Division of

 8  Medical Quality Assurance of the Department of Health for

 9  review persons licensed under chapter 458, chapter 459,

10  chapter 461, or chapter 466 shall be reviewed by the agency.

11  The division agency shall determine whether any of the

12  incidents potentially involved conduct by a health care

13  professional who is subject to disciplinary action, in which

14  case the provisions of s. 456.073 shall apply.

15         (c)  The report submitted to the agency must also

16  contain the name of the risk manager of the facility.

17         (d)  The adverse incident report is confidential as

18  provided by law and is not discoverable or admissible in any

19  civil or administrative action, except in disciplinary

20  proceedings by the agency or the appropriate regulatory board.

21         Section 11.  Subsection (1) and (4) of section 400.211,

22  Florida Statutes, are amended to read:

23         400.211  Persons employed as nursing assistants;

24  certification requirement.--

25         (1)  To serve as a nursing assistant in any nursing

26  home, a person must be certified as a nursing assistant under

27  part II of chapter 464, unless the person is a registered

28  nurse, a or practical nurse, or a certified geriatric

29  specialist certified or licensed in accordance with part I of

30  chapter 464 or an applicant for such licensure who is

31  


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    CS for CS for SB 2170                          First Engrossed



 1  permitted to practice nursing in accordance with rules adopted

 2  by the Board of Nursing pursuant to part I of chapter 464.

 3         (4)  When employed by a nursing home facility for a

 4  12-month period or longer, a nursing assistant, to maintain

 5  certification, shall submit to a performance review every 12

 6  months and must receive regular inservice education based on

 7  the outcome of such reviews. The inservice training must:

 8         (a)  Be sufficient to ensure the continuing competence

 9  of nursing assistants, must be at least 12 18 hours per year,

10  and may include hours accrued under s. 464.203(7) s.

11  464.203(8);

12         (b)  Include, at a minimum:

13         1.  Techniques for assisting with eating and proper

14  feeding;

15         2.  Principles of adequate nutrition and hydration;

16         3.  Techniques for assisting and responding to the

17  cognitively impaired resident or the resident with difficult

18  behaviors;

19         4.  Techniques for caring for the resident at the

20  end-of-life; and

21         5.  Recognizing changes that place a resident at risk

22  for pressure ulcers and falls; and

23         (c)  Address areas of weakness as determined in nursing

24  assistant performance reviews and may address the special

25  needs of residents as determined by the nursing home facility

26  staff.

27  

28  Costs associated with this training may not be reimbursed from

29  additional Medicaid funding through interim rate adjustments.

30         Section 12.  Subsection (4) of section 400.211, Florida

31  Statutes, is amended to read:


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    CS for CS for SB 2170                          First Engrossed



 1         400.211  Persons employed as nursing assistants;

 2  certification requirement.--

 3         (4)  When employed by a nursing home facility for a

 4  12-month period or longer, a nursing assistant, to maintain

 5  certification, shall submit to a performance review every 12

 6  months and must receive regular inservice education based on

 7  the outcome of these such reviews. The inservice training

 8  must:

 9         (a)  Be sufficient to ensure the continuing competence

10  of nursing assistants, must be at least 12 18 hours per year,

11  and may include hours accrued under s. 464.203(7) s.

12  464.203(8);

13         (b)  Include, at a minimum:

14         1.  Techniques for assisting with eating and proper

15  feeding;

16         2.  Principles of adequate nutrition and hydration;

17         3.  Techniques for assisting and responding to the

18  cognitively impaired resident or the resident with difficult

19  behaviors;

20         4.  Techniques for caring for the resident at the

21  end-of-life; and

22         5.  Recognizing changes that place a resident at risk

23  for pressure ulcers and falls; and

24         (c)  Address areas of weakness as determined in nursing

25  assistant performance reviews and may address the special

26  needs of residents as determined by the nursing home facility

27  staff.

28  

29  Costs associated with this training may not be reimbursed from

30  additional Medicaid funding through interim rate adjustments.

31  


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    CS for CS for SB 2170                          First Engrossed



 1         Section 13.  Subsection (5) of section 400.215, Florida

 2  Statutes, is amended to read:

 3         400.215  Personnel screening requirement.--

 4         (5)  Any provision of law to the contrary

 5  notwithstanding, persons who have been screened and qualified

 6  as required by this section or s. 464.203 and who have not

 7  been unemployed for more than 180 days thereafter, and who

 8  under penalty of perjury attest to not having been convicted

 9  of a disqualifying offense since the completion of such

10  screening, shall not be required to be rescreened. For

11  purposes of this subsection, screened and qualified under s.

12  464.203 means that the person subject to such screening at the

13  time of certification by the Board of Nursing does not have

14  any disqualifying offense under chapter 435 or has received an

15  exemption from any disqualification under chapter 435 from the

16  Board of Nursing. An employer may obtain, under pursuant to s.

17  435.10, written verification of qualifying screening results

18  from the previous employer or other entity which caused the

19  such screening to be performed.

20         Section 14.  Subsection (7) of section 400.423, Florida

21  Statutes, is amended to read:

22         400.423  Internal risk management and quality assurance

23  program; adverse incidents and reporting requirements.--

24         (7)  A copy of the report submitted The information

25  reported to the agency under pursuant to subsection (3) which

26  relates to health care practitioners as defined in s.

27  456.001(4) shall be forwarded by the agency to the Division of

28  Medical Quality Assurance of the Department of Health for

29  review persons licensed under chapter 458, chapter 459,

30  chapter 461, chapter 464, or chapter 465 shall be reviewed by

31  the agency. The Department of Health agency shall determine


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    CS for CS for SB 2170                          First Engrossed



 1  whether any of the incidents potentially involved conduct by a

 2  health care professional who is subject to disciplinary

 3  action, in which case the provisions of s. 456.073 apply. The

 4  agency may investigate, as it deems appropriate, any such

 5  incident and prescribe measures that must or may be taken in

 6  response to the incident. The Department of Health agency

 7  shall review each incident and determine whether it

 8  potentially involved conduct by a health care professional who

 9  is subject to disciplinary action, in which case the

10  provisions of s. 456.073 apply.

11         Section 15.  Section 400.455, Florida Statutes, is

12  created to read:

13         400.455  Certified copy of subpoenaed records.--Upon a

14  subpoena issued by the Department of Health pursuant to s.

15  456.057 or s. 456.071, a certified true and complete copy of

16  the requested records shall be provided. The department may be

17  charged a reasonable fee for copies of all documents provided

18  to the department under this section. The provisions of

19  chapter 456 apply to the records obtained under this section.

20         Section 16.  Paragraph (m) of subsection (1) of section

21  440.13, Florida Statutes, is amended to read:

22         440.13  Medical services and supplies; penalty for

23  violations; limitations.--

24         (1)  DEFINITIONS.--As used in this section, the term:

25         (m)  "Medicine" means a drug prescribed by an

26  authorized health care provider and includes only generic

27  drugs or single-source patented drugs for which there is no

28  generic equivalent, unless the authorized health care provider

29  writes or states that the brand-name drug as defined in s.

30  465.025 is medically necessary, or is a drug appearing on the

31  schedule of drugs created pursuant to s. 465.025(5)


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    CS for CS for SB 2170                          First Engrossed



 1  465.025(6), or is available at a cost lower than its generic

 2  equivalent.

 3         Section 17.  Section 456.005, Florida Statutes, is

 4  amended to read:

 5         456.005  Long-range policy planning; plans, reports,

 6  and recommendations.--To facilitate efficient and

 7  cost-effective regulation, the department and the board, where

 8  appropriate, shall develop and implement a long-range policy

 9  planning and monitoring process to include recommendations

10  specific to each profession. The Such process shall include

11  estimates of revenues, expenditures, cash balances, and

12  performance statistics for each profession. The period covered

13  shall not be less than 5 years. The department, with input

14  from the boards and licensees, shall develop the long-range

15  plan and must obtain the approval of the secretary. The

16  department shall monitor compliance with the approved

17  long-range plan and, with input from the boards, shall

18  annually update the plans for approval by the secretary. The

19  department shall provide concise management reports to the

20  boards quarterly.  As part of the review process, the

21  department shall evaluate:

22         (1)  Whether the department, including the boards and

23  the various functions performed by the department, is

24  operating efficiently and effectively and if there is a need

25  for a board or council to assist in cost-effective regulation.

26         (2)  How and why the various professions are regulated.

27         (3)  Whether there is a need to continue regulation,

28  and to what degree.

29         (4)  Whether or not consumer protection is adequate,

30  and how it can be improved.

31  


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    CS for CS for SB 2170                          First Engrossed



 1         (5)  Whether there is consistency between the various

 2  practice acts.

 3         (6)  Whether unlicensed activity is adequately

 4  enforced.

 5  

 6  The Such plans should include conclusions and recommendations

 7  on these and other issues as appropriate.  The Such plans

 8  shall be provided to the Governor and the Legislature by

 9  November 1 of each year.

10         Section 18.  Subsection (5) of section 456.011, Florida

11  Statutes, is amended to read:

12         (Substantial rewording of subsection. See

13         s. 456.011(5), F.S., for present text.)

14         456.011  Boards; organization; meetings; compensation

15  and travel expenses.--

16         (5)  Notwithstanding chapter 120, when two or more

17  boards have identified a conflict in the interpretation or

18  application of the respective practice acts of the boards, the

19  following administrative remedies shall be employed:

20         (a)  One board or the secretary shall request that the

21  boards establish a special committee to resolve the conflict.

22  The special committee shall consist of two members designated

23  by each board, who may be members of the designating board or

24  other experts designated by the board, and three additional

25  persons appointed by the secretary who are not members of

26  either profession and who do not have an interest in either

27  profession. The committee shall, by majority vote, make any

28  recommendations that the committee finds necessary, including,

29  but not limited to, recommended rules to resolve the

30  differences.

31  


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 1         (b)  Matters that cannot be resolved through the

 2  special committee may be resolved by the department through

 3  informal mediation by the department or agent of the

 4  department. If the committee agrees to a mediated resolution,

 5  the mediator shall notify the department of the terms of the

 6  resolution. The committee shall be provided the opportunity to

 7  record with the department an acknowledgement of satisfaction

 8  of the terms of mediation within 60 days after the mediator's

 9  notification to the department. A mediated settlement reached

10  by the special committee shall be binding on the applicable

11  boards.

12         (c)  If the boards elect not to resolve a conflict

13  through the means established in paragraph (a) or paragraph

14  (b), the secretary may resolve the differences by recommending

15  rules for adoption by the appropriate board or, in the case of

16  a declaratory statement, by providing a proposed order which

17  may resolve the matter if adopted by the appropriate board.

18         (d)  For any administrative remedy specified in this

19  subsection, the department shall provide legal representation.

20         Section 19.  Subsection (3) of section 456.012 is

21  amended to read:

22         456.012  Board rules; final agency action;

23  challenges.--

24         (3)  No board created within the department shall have

25  standing to challenge a rule, or proposed rule, or declaratory

26  statement of another board. However, if there is a dispute

27  between boards concerning a rule, or proposed rule, or

28  declaratory statement, the boards may avail themselves of the

29  provisions of s. 456.011(5).

30         Section 20.  Section 456.013, Florida Statutes, is

31  amended to read:


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 1         456.013  Department; general licensing provisions.--

 2         (1)(a)  Any person desiring to be licensed in a

 3  profession within the jurisdiction of the department shall

 4  apply to the department in writing to take the licensure

 5  examination.  The application shall be made on a form prepared

 6  and furnished by the department. The application form must be

 7  available on the World Wide Web and the department may accept

 8  electronically submitted applications beginning July 1, 2001.

 9  The application shall require the social security number of

10  the applicant, except as provided in paragraph (b). The form

11  shall be supplemented as needed to reflect any material change

12  in any circumstance or condition stated in the application

13  which takes place between the initial filing of the

14  application and the final grant or denial of the license and

15  which might affect the decision of the department. If an

16  application is submitted electronically, the department may

17  require supplemental materials, including an original

18  signature of the applicant and verification of credentials, to

19  be submitted in a nonelectronic format. An incomplete

20  application shall expire 1 year after initial filing. In order

21  to further the economic development goals of the state, and

22  notwithstanding any law to the contrary, the department may

23  enter into an agreement with the county tax collector for the

24  purpose of appointing the county tax collector as the

25  department's agent to accept applications for licenses and

26  applications for renewals of licenses. The agreement must

27  specify the time within which the tax collector must forward

28  any applications and accompanying application fees to the

29  department.

30         (b)  If an applicant has not been issued a social

31  security number by the Federal Government at the time of


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    CS for CS for SB 2170                          First Engrossed



 1  application because the applicant is not a citizen or resident

 2  of this country, the department may process the application

 3  using a unique personal identification number. If the such an

 4  applicant is otherwise eligible for licensure, the board, or

 5  the department when there is no board, may issue a temporary

 6  license, as established by rule of the board, or the

 7  department if there is no board, to the applicant, which shall

 8  expire 90 30 days after issuance unless a social security

 9  number is obtained and submitted in writing to the department.

10  Upon receipt of the applicant's social security number, the

11  department shall issue a new license, which shall expire at

12  the end of the current biennium.

13         (2)  The board, or the department if there is no board,

14  may adopt a rule allowing an applicant for licensure to

15  complete the coursework requirements for licensure by

16  successfully completing the required courses as a student or

17  by teaching the required graduate course as an instructor or

18  professor in an accredited institution.

19         (3)(2)  Before the issuance of any license, the

20  department shall charge an initial license fee as determined

21  by the applicable board or, if no such board exists, by rule

22  of the department. Upon receipt of the appropriate license

23  fee, the department shall issue a license to any person

24  certified by the appropriate board, or its designee, as having

25  met the licensure requirements imposed by law or rule. The

26  license shall consist of a wallet-size identification card and

27  a wall card measuring 6 1/2  inches by 5 inches. In addition

28  to the two-part license, the department, at the time of

29  initial licensure if specified by the board or, if there is no

30  board, by department rule, and if the board has a positive

31  cash balance, shall issue a wall certificate suitable for


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    CS for CS for SB 2170                          First Engrossed



 1  conspicuous display, which shall be no smaller than 8 1/2

 2  inches by 14 inches. The licensee shall surrender to the

 3  department the wallet-size identification card, the wall card,

 4  and the wall certificate, if one has been issued by the

 5  department, if the licensee's license was issued in error and

 6  is revoked.

 7         (4)(3)(a)  The board, or the department when there is

 8  no board, may refuse to issue an initial license to any

 9  applicant who is under investigation or prosecution in any

10  jurisdiction for an action that would constitute a violation

11  of this chapter or the professional practice acts administered

12  by the department and the boards, until such time as the

13  investigation or prosecution is complete, and the time period

14  in which the licensure application must be granted or denied

15  shall be tolled until 15 days after the receipt of the final

16  results of the investigation or prosecution.

17         (b)  If an applicant has been convicted of a felony

18  related to the practice or ability to practice any health care

19  profession, the board, or the department when there is no

20  board, may require the applicant to prove that his or her

21  civil rights have been restored.

22         (c)  In considering applications for licensure, the

23  board, or the department when there is no board, may require a

24  personal appearance of the applicant. If the applicant is

25  required to appear, the time period in which a licensure

26  application must be granted or denied shall be tolled until

27  such time as the applicant appears. However, if the applicant

28  fails to appear before the board at either of the next two

29  regularly scheduled board meetings, or fails to appear before

30  the department within 30 days if there is no board, the

31  application for licensure shall be denied.


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 1         (5)(4)  When any administrative law judge conducts a

 2  hearing under pursuant to the provisions of chapter 120 with

 3  respect to the issuance of a license by the department, the

 4  administrative law judge shall submit his or her recommended

 5  order to the appropriate board, which shall thereupon issue a

 6  final order.  The applicant for licensure may appeal the final

 7  order of the board in accordance with the provisions of

 8  chapter 120.

 9         (6)(5)  A privilege against civil liability is hereby

10  granted to any witness for any information furnished by the

11  witness in any proceeding under pursuant to this section,

12  unless the witness acted in bad faith or with malice in

13  providing such information.

14         (7)(6)  As a condition of renewal of a license, the

15  Board of Medicine, the Board of Osteopathic Medicine, the

16  Board of Chiropractic Medicine, and the Board of Podiatric

17  Medicine shall each require licensees which they respectively

18  regulate to periodically demonstrate their professional

19  competency by completing at least 40 hours of continuing

20  education every 2 years. The boards may require by rule that

21  up to 1 hour of the required 40 or more hours be in the area

22  of risk management or cost containment. This provision shall

23  not be construed to limit the number of hours that a licensee

24  may obtain in risk management or cost containment to be

25  credited toward satisfying the 40 or more required hours. This

26  provision shall not be construed to require the boards to

27  impose any requirement on licensees except for the completion

28  of at least 40 hours of continuing education every 2 years.

29  Each of such boards shall determine whether any specific

30  continuing education requirements not otherwise mandated by

31  law shall be mandated and shall approve criteria for, and the


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    CS for CS for SB 2170                          First Engrossed



 1  content of, any continuing education mandated by such board.

 2  Notwithstanding any other provision of law, the board, or the

 3  department when there is no board, may approve by rule

 4  alternative methods of obtaining continuing education credits

 5  in risk management. The alternative methods may include

 6  attending a board meeting at which another licensee is

 7  disciplined, serving as a volunteer expert witness for the

 8  department in a disciplinary case, or serving as a member of a

 9  probable cause panel following the expiration of a board

10  member's term. Other boards within the Division of Medical

11  Quality Assurance, or the department if there is no board, may

12  adopt rules granting continuing education hours in risk

13  management for attending a board meeting at which another

14  licensee is disciplined, for serving as a volunteer expert

15  witness for the department in a disciplinary case, or for

16  serving as a member of a probable cause panel following the

17  expiration of a board member's term.

18         (8)(7)  The boards, or the department when there is no

19  board, shall require the completion of a 2-hour course

20  relating to prevention of medical errors as part of the

21  licensure and renewal process. The 2-hour course shall count

22  towards the total number of continuing education hours

23  required for the profession. The course shall be approved by

24  the board or department, as appropriate, and shall include a

25  study of root-cause analysis, error reduction and prevention,

26  and patient safety. In addition, the course approved by the

27  Board of Medicine and the Board of Osteopathic Medicine shall

28  include information relating to the five most misdiagnosed

29  conditions during the previous biennium, as determined by the

30  board. If the course is being offered by a facility licensed

31  pursuant to chapter 395 for its employees, the board may


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    CS for CS for SB 2170                          First Engrossed



 1  approve up to 1 hour of the 2-hour course to be specifically

 2  related to error reduction and prevention methods used in that

 3  facility.

 4         (9)(8)  The respective boards within the jurisdiction

 5  of the department, or the department when there is no board,

 6  may adopt rules to provide for the use of approved

 7  videocassette courses, not to exceed 5 hours per subject, to

 8  fulfill the continuing education requirements of the

 9  professions they regulate. Such rules shall provide for prior

10  approval of the board, or the department when there is no

11  board, of the criteria for and content of such courses and

12  shall provide for a videocassette course validation form to be

13  signed by the vendor and the licensee and submitted to the

14  department, along with the license renewal application, for

15  continuing education credit.

16         (10)(9)  Any board that currently requires continuing

17  education for renewal of a license, or the department if there

18  is no board, shall adopt rules to establish the criteria for

19  continuing education courses.  The rules may provide that up

20  to a maximum of 25 percent of the required continuing

21  education hours can be fulfilled by the performance of pro

22  bono services to the indigent or to underserved populations or

23  in areas of critical need within the state where the licensee

24  practices. The board, or the department if there is no board,

25  must require that any pro bono services be approved in advance

26  in order to receive credit for continuing education under this

27  subsection. The standard for determining indigency shall be

28  that recognized by the Federal Poverty Income Guidelines

29  produced by the United States Department of Health and Human

30  Services.  The rules may provide for approval by the board, or

31  the department if there is no board, that a part of the


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    CS for CS for SB 2170                          First Engrossed



 1  continuing education hours can be fulfilled by performing

 2  research in critical need areas or for training leading to

 3  advanced professional certification.  The board, or the

 4  department if there is no board, may make rules to define

 5  underserved and critical need areas.  The department shall

 6  adopt rules for administering continuing education

 7  requirements adopted by the boards or the department if there

 8  is no board.

 9         (11)(10)  Notwithstanding any law to the contrary, an

10  elected official who is licensed under a practice act

11  administered by the Division of Medical Quality Assurance may

12  hold employment for compensation with any public agency

13  concurrent with such public service. The Such dual service

14  must be disclosed according to any disclosure required by

15  applicable law.

16         (12)(11)  In any instance in which a licensee or

17  applicant to the department is required to be in compliance

18  with a particular provision by, on, or before a certain date,

19  and if that date occurs on a Saturday, Sunday, or a legal

20  holiday, then the licensee or applicant is deemed to be in

21  compliance with the specific date requirement if the required

22  action occurs on the first succeeding day which is not a

23  Saturday, Sunday, or legal holiday.

24         (13)(12)  Pursuant to the federal Personal

25  Responsibility and Work Opportunity Reconciliation Act of

26  1996, each party is required to provide his or her social

27  security number in accordance with this section.  Disclosure

28  of social security numbers obtained through this requirement

29  shall be limited to the purpose of administration of the Title

30  IV-D program for child support enforcement.

31  


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    CS for CS for SB 2170                          First Engrossed



 1         Section 21.  Paragraph (a) of subsection (4) of section

 2  381.00593, Florida Statutes, is amended to read:

 3         381.00593  Public school volunteer health care

 4  practitioner program.--

 5         (4)(a)  Notwithstanding any provision of chapter 458,

 6  chapter 459, chapter 460, chapter 461, chapter 463, part I of

 7  chapter 464, chapter 465, chapter 466, chapter 467, part I of

 8  chapter 468, or chapter 486 to the contrary, any health care

 9  practitioner who participates in the program established in

10  this section and thereby agrees to provide his or her

11  services, without compensation, in a public school for at

12  least 80 hours a year for each school year during the biennial

13  licensure period, or, if the health care practitioner is

14  retired, for at least 400 hours a year for each school year

15  during the licensure period, upon providing sufficient proof

16  from the applicable school district that the health care

17  practitioner has completed the such hours at the time of

18  license renewal under procedures specified by the Department

19  of Health, shall be eligible for the following:

20         1.  Waiver of the biennial license renewal fee for an

21  active license; and

22         2.  Fulfillment of a maximum of 25 percent of the

23  continuing education hours required for license renewal, under

24  pursuant to s. 456.013(7) s. 456.013(9).

25  

26  The school district may establish a schedule for health care

27  practitioners who participate in the program.

28         Section 22.  Subsection (2) of section 456.017, Florida

29  Statutes, is amended, and subsection (7) is added to that

30  section, to read:

31         456.017  Examinations.--


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    CS for CS for SB 2170                          First Engrossed



 1         (2)  For each examination developed by the department

 2  or a contracted vendor, the board, or the department when

 3  there is no board, shall adopt rules providing for

 4  reexamination of any applicants who failed an examination

 5  developed by the department or a contracted vendor. If both a

 6  written and a practical examination are given, an applicant

 7  shall be required to retake only the portion of the

 8  examination on which the applicant failed to achieve a passing

 9  grade, if the applicant successfully passes that portion

10  within a reasonable time, as determined by rule of the board,

11  or the department when there is no board, of passing the other

12  portion. Except for national examinations approved and

13  administered under pursuant to this section, the department

14  shall provide procedures for applicants who fail an

15  examination developed by the department or a contracted vendor

16  to review their examination questions, answers, papers,

17  grades, and grading key for the questions the candidate

18  answered incorrectly or, if not feasible, the parts of the

19  examination failed. Applicants shall bear the actual cost for

20  the department to provide examination review under pursuant to

21  this subsection. An applicant may waive in writing the

22  confidentiality of the applicant's examination grades.

23  Notwithstanding any other provisions, only candidates who fail

24  an examination with a score that is by less than 10 percent

25  below the minimum score required to pass the examination shall

26  be entitled to challenge the validity of the examination at

27  hearing.

28         (7)  The department may post examination scores

29  electronically on the Internet in lieu of mailing the scores

30  to each applicant. Such electronic posting of the examination

31  scores meets the requirements of chapter 120 if the department


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    CS for CS for SB 2170                          First Engrossed



 1  also posts with the examination scores a notification of

 2  rights as set forth in chapter 120. The date of receipt for

 3  purposes of chapter 120 is the date the examination scores are

 4  posted electronically. The department shall also notify the

 5  examinee when scores are posted electronically of the

 6  availability of a post-examination review, if applicable.

 7         Section 23.  Section 456.0195, Florida Statutes, is

 8  created to read:

 9         456.0195  Continuing education; instruction on domestic

10  violence; instruction on HIV and AIDS; instruction on

11  prevention of medical errors.--

12         (1)  The purpose of this section is to encourage health

13  care practitioners, as defined in s. 456.001, to complete

14  continuing education courses in specified subject areas as a

15  condition of license renewal, as applicable to the area of

16  practice. The boards, or the department when there is no

17  board, may require the completion of courses, including, but

18  not limited to, the following subject areas, as defined by

19  board or department rule:

20         (a)  Domestic violence as defined in s. 741.28. The

21  course shall include information on the number of patients in

22  that professional's practice who are likely to be victims of

23  domestic violence and the number who are likely to be

24  perpetrators of domestic violence; screening procedures for

25  determining whether a patient has any history of being a

26  victim or perpetrator of domestic violence; and instruction on

27  how to provide such patients with information on, or how to

28  refer such patients to, resources in the local community, such

29  as domestic violence centers and other advocacy groups that

30  provide legal aid, shelter, victim counseling, batterer

31  counseling, or child protection services.


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    CS for CS for SB 2170                          First Engrossed



 1         (b)  Human immunodeficiency virus and acquired immune

 2  deficiency syndrome. The course shall consist of education on

 3  the modes of transmission, infection-control procedures,

 4  clinical management, and prevention of human immunodeficiency

 5  virus and acquired immune deficiency syndrome. The course

 6  shall include information on current state law concerning

 7  acquired immune deficiency syndrome and its impact on testing;

 8  confidentiality of test results; treatment of patients; any

 9  protocols and procedures applicable to human immunodeficiency

10  virus counseling, testing, and reporting; the offering of HIV

11  testing to pregnant women; and partner-notification issues

12  under ss. 381.004 and 384.25.

13         (3)  Courses completed in the subject areas specified

14  in subsection (1) shall count towards the total number of

15  continuing education hours required for license renewal for

16  the profession.

17         (4)  Any person holding two or more licenses subject to

18  this section shall be required to complete only the

19  requirement for one license.

20         (5)  Failure to comply with courses required by the

21  boards, or the department if there is no board, constitutes

22  grounds for disciplinary action under each respective practice

23  act and under s. 456.072(1)(k).

24         Section 24.  Subsections (4), (7), and (9) of section

25  456.025, Florida Statutes, are amended to read:

26         456.025  Fees; receipts; disposition.--

27         (4)  Each board, or the department if there is no

28  board, may charge a fee not to exceed $25, as determined by

29  rule, for the issuance of a wall certificate pursuant to s.

30  456.013(3) s. 456.013(2) requested by a licensee who was

31  


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    CS for CS for SB 2170                          First Engrossed



 1  licensed prior to July 1, 1998, or for the issuance of a

 2  duplicate wall certificate requested by any licensee.

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

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

 5  anyone seeking approval to provide continuing education

 6  courses or programs and shall establish by rule a biennial

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

 8  of such courses. The fees collected from continuing education

 9  providers shall be used for the purposes of reviewing course

10  provider applications, monitoring the integrity of the courses

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

12  not granting or renewing a providership, and developing and

13  maintaining an electronic continuing education tracking

14  system. The department shall implement an electronic

15  continuing education tracking system for each new biennial

16  renewal cycle for which electronic renewals are implemented

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

18  system into the licensure and renewal system. All approved

19  continuing education providers shall provide information on

20  course attendance to the department necessary to implement the

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

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

23  be submitted.

24         (9)  The department shall provide a condensed

25  management report of revenues and expenditures, performance

26  measures, and recommendations, if needed, to each board at

27  least once each quarter budgets, finances, performance

28  statistics, and recommendations to each board at least once a

29  quarter. The department shall identify and include in such

30  presentations any changes, or projected changes, made to the

31  board's budget since the last presentation.


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    CS for CS for SB 2170                          First Engrossed



 1         Section 25.  Section 456.0251, Florida Statutes, is

 2  created to read:

 3         456.0251  Continuing education.--

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

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

 6  board, shall establish by rule procedures for approval of

 7  continuing education providers and continuing education

 8  courses for renewal of licenses. Except for those continuing

 9  education courses whose subjects are prescribed by law, each

10  board, or the department if there is no board, may limit by

11  rule the subject matter for approved continuing education

12  courses to courses addressing the scope of practice of each

13  respective health care profession.

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

15  continuing education credits required for licensure during a

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

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

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

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

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

21  proof of completion of some approved hours of continuing

22  education are required to be submitted with the request for

23  extension as a prerequisite for granting the request.

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

25  of continuing education hours within a license renewal

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

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

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

29  requirement that at least the deficit hours are completed

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

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


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    CS for CS for SB 2170                          First Engrossed



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

 2  continuing education hour which was not completed within the

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

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

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

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

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

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

 9  the requisite number of hours for license renewal.

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

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

12  biennium the percentage of licensees regulated by that board

13  who have not timely complied with the continuing education

14  requirements during the previous license renewal biennium for

15  which auditing of licensees regulated by that board are

16  completed. Each board shall direct the department the

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

18  audited during the next license renewal biennium. In addition

19  to the percentage of licensees audited as directed by the

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

21  deficient during any of the two license renewal bienniums.

22         Section 26.  Section 456.031, Florida Statutes, is

23  amended to read:

24         456.031  Requirement for instruction on domestic

25  violence.--

26         (1)(a)  The appropriate board shall require each person

27  licensed or certified under chapter 458, chapter 459, part I

28  of chapter 464, chapter 466, chapter 467, chapter 490, or

29  chapter 491 to complete a 1-hour continuing education course,

30  approved by the board, on domestic violence, as defined in s.

31  741.28, as part of initial licensure, biennial relicensure, or


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    CS for CS for SB 2170                          First Engrossed



 1  recertification. The course shall consist of a skills-based

 2  curriculum that includes practice protocols for identifying

 3  and treating a victim of domestic violence, consistent with

 4  the profession and instructions on practical applications. As

 5  used in this section, the term "skills-based curriculum" means

 6  a curriculum that details methods of practical applications to

 7  improve responses to domestic violence victims through

 8  culturally competent methods of routine screening, assessment,

 9  intervention, and health-records documentation. Each licensee

10  must complete continuing education on domestic violence as

11  prescribed by board rule. Initial applicants for licensure

12  shall be allowed 1 year following the date of licensure to

13  complete the required course. information on the number of

14  patients in that professional's practice who are likely to be

15  victims of domestic violence and the number who are likely to

16  be perpetrators of domestic violence, screening procedures for

17  determining whether a patient has any history of being either

18  a victim or a perpetrator of domestic violence, and

19  instruction on how to provide such patients with information

20  on, or how to refer such patients to, resources in the local

21  community, such as domestic violence centers and other

22  advocacy groups, that provide legal aid, shelter, victim

23  counseling, batterer counseling, or child protection services.

24         (b)  Each such licensee or certificateholder shall

25  submit confirmation of having completed such course, on a form

26  provided by the board, when submitting fees for each biennial

27  renewal.

28         (c)  The board may approve additional equivalent

29  courses that may be used to satisfy the requirements of

30  paragraph (a).  Each licensing board that requires a licensee

31  to complete an educational course pursuant to this subsection


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 1  may include the hour required for completion of the course in

 2  the total hours of continuing education required by law for

 3  such profession unless the continuing education requirements

 4  for such profession consist of fewer than 30 hours biennially.

 5         (b)(d)  Any person holding two or more licenses subject

 6  to the provisions of this subsection shall be permitted to

 7  show proof of having taken one board-approved course on

 8  domestic violence, for purposes of initial licensure,

 9  relicensure, or recertification for additional licenses.

10         (e)  Failure to comply with the requirements of this

11  subsection shall constitute grounds for disciplinary action

12  under each respective practice act and under s. 456.072(1)(k).

13  In addition to discipline by the board, the licensee shall be

14  required to complete such course.

15         (2)  The board shall also require, as a condition of

16  granting a license under any chapter specified in paragraph

17  (1)(a), that each applicant for initial licensure under the

18  appropriate chapter complete an educational course acceptable

19  to the board on domestic violence which is substantially

20  equivalent to the course required in subsection (1).  An

21  applicant who has not taken such course at the time of

22  licensure shall, upon submission of an affidavit showing good

23  cause, be allowed 6 months to complete such requirement.

24         (3)(a)  In lieu of completing a course as required in

25  subsection (1), a licensee or certificateholder may complete a

26  course in end-of-life care and palliative health care, if the

27  licensee or certificateholder has completed an approved

28  domestic violence course in the immediately preceding

29  biennium.

30         (b)  In lieu of completing a course as required by

31  subsection (1), a person licensed under chapter 466 who has


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 1  completed an approved domestic-violence education course in

 2  the immediately preceding 2 years may complete a course

 3  approved by the Board of Dentistry.

 4         (2)(4)  Each board may adopt rules to carry out the

 5  provisions of this section.

 6         (5)  Each board shall report to the President of the

 7  Senate, the Speaker of the House of Representatives, and the

 8  chairs of the appropriate substantive committees of the

 9  Legislature by March 1 of each year as to the implementation

10  of and compliance with the requirements of this section.

11         Section 27.  Subsection (13) of section 456.036,

12  Florida Statutes, is amended to read:

13         456.036  Licenses; active and inactive status;

14  delinquency.--

15         (13)  The board, or the department when there is no

16  board, may adopt rules under pursuant to ss. 120.536(1) and

17  120.54 as necessary to administer implement this section. The

18  rules may require the display of a license.

19         Section 28.  Section 456.037, Florida Statutes, is

20  amended to read:

21         456.037  Business establishments; requirements for

22  active status licenses; delinquency; discipline;

23  applicability; display of license.--

24         (1)  A business establishment regulated by the Division

25  of Medical Quality Assurance under pursuant to this chapter

26  may provide regulated services only if the business

27  establishment has an active status license. A business

28  establishment that provides regulated services without an

29  active status license is in violation of this section and s.

30  456.072, and the board, or the department if there is no

31  board, may impose discipline on the business establishment.


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 1         (2)  A business establishment must apply with a

 2  complete application, as defined by rule of the board, or the

 3  department if there is no board, to renew an active status

 4  license before the license expires. If a business

 5  establishment fails to renew before the license expires, the

 6  license becomes delinquent, except as otherwise provided in

 7  statute, in the license cycle following expiration.

 8         (3)  A delinquent business establishment must apply

 9  with a complete application, as defined by rule of the board,

10  or the department if there is no board, for active status

11  within 6 months after becoming delinquent. Failure of a

12  delinquent business establishment to renew the license within

13  the 6 months after the expiration date of the license renders

14  the license null without any further action by the board or

15  the department. Any subsequent licensure shall be as a result

16  of applying for and meeting all requirements imposed on a

17  business establishment for new licensure.

18         (4)  The status or a change in status of a business

19  establishment license does not alter in any way the right of

20  the board, or of the department if there is no board, to

21  impose discipline or to enforce discipline previously imposed

22  on a business establishment for acts or omissions committed by

23  the business establishment while holding a license, whether

24  active or null.

25         (5)  This section applies to any business establishment

26  registered, permitted, or licensed by the department to do

27  business. Business establishments include, but are not limited

28  to, dental laboratories, electrology facilities, massage

29  establishments, and pharmacies.

30         (6)  The board, or the department if there is no board,

31  may require the display of a license by rule.


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 1         Section 29.  Paragraph (a) of subsection (4) of section

 2  456.039, Florida Statutes, is amended to read:

 3         456.039  Designated health care professionals;

 4  information required for licensure.--

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

 6  a set of fingerprints to the Department of Health in

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

 8  458.313, s. 459.0055, s. 460.406, or s. 461.006.

 9         Section 30.  Present subsections (16) through (19) of

10  section 456.057, Florida Statutes, are redesignated as

11  subsections (17) through (20), respectively, and a new

12  subsection (16) is added to that section to read:

13         456.057  Ownership and control of patient records;

14  report or copies of records to be furnished.--

15         (16)  A health care practitioner or records owner

16  furnishing copies of reports or records or making the reports

17  or records available for digital scanning pursuant to this

18  section may charge the department the reasonable costs of

19  reproducing the records.

20         (a)  Reasonable costs of reproducing copies of written

21  or typed documents or reports may not be more than:

22         1.  For the first 25 pages, $1 per page.

23         2.  For each page in excess of 25 pages, 25 cents.

24         (b)  Reasonable costs of reproducing X rays and other

25  special kinds of records are the actual costs. The term

26  "actual costs" means the cost of the material and supplies

27  used to duplicate the record, as well as the labor costs

28  associated with the duplication.

29         Section 31.  Subsection (3) of section 456.063, Florida

30  Statutes, is amended to read:

31  


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 1         456.063  Sexual misconduct; disqualification for

 2  license, certificate, or registration.--

 3         (3)  Licensed health care practitioners shall report

 4  allegations of sexual misconduct to the department, regardless

 5  of the practice setting in which the alleged sexual misconduct

 6  occurred. Each board, or the department if there is no board,

 7  may adopt rules to administer the requirements for reporting

 8  allegations of sexual misconduct, including rules to determine

 9  the sufficiency of allegations.

10         Section 32.  Paragraphs (aa) and (bb) of subsection (1)

11  of section 456.072, Florida Statutes, are amended, paragraphs

12  (ff), and (gg) are added to that subsection, and subsection

13  (7) is added to that section, to read:

14         456.072  Grounds for discipline; penalties;

15  enforcement.--

16         (1)  The following acts shall constitute grounds for

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

18  be taken:

19         (aa)  Performing or attempting to perform health care

20  services on the wrong patient, a wrong-site procedure, a wrong

21  procedure, or an unauthorized procedure or a procedure that is

22  medically unnecessary or otherwise unrelated to the patient's

23  diagnosis or medical condition. For the purposes of this

24  paragraph, performing or attempting to perform health care

25  services includes invasive actions taken in furtherance of the

26  preparation of the patient, but does not include those

27  preparations that are noninvasive.

28         (bb)  Leaving a foreign body in a patient, such as a

29  sponge, clamp, forceps, surgical needle, or other

30  paraphernalia commonly used in surgical, examination, or other

31  diagnostic procedures, unless leaving the foreign body is


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 1  medically indicated and documented in the patient record. For

 2  the purposes of this paragraph, it shall be legally presumed

 3  that retention of a foreign body is not in the best interest

 4  of the patient and is not within the standard of care of the

 5  profession, unless medically indicated and documented in the

 6  patient record regardless of the intent of the professional.

 7         (ff)  Prescribing, administering, dispensing, or

 8  distributing a legend drug, including a controlled substance,

 9  when the practitioner knows or reasonably should know that the

10  receiving patient has not established a valid professional

11  relationship with the prescribing practitioner. A medical

12  questionnaire completed by Internet, telephone, electronic

13  transfer, or mail does not establish a valid professional

14  relationship.

15         (gg)  Being terminated from an impaired practitioner

16  program that is overseen by an impaired practitioner

17  consultant as described in s. 456.076 for failure to comply

18  with the terms of the monitoring or treatment contract entered

19  into by the licensee without good cause.

20         (7)  In addition to any other discipline imposed by

21  final order and entered on or after July 1, 2004, under this

22  section, or discipline imposed through final order and entered

23  on or after July 1, 2004, for violation of any practice act,

24  the board, or the department when there is no board, shall

25  assess a nonrefundable fee to defray the costs of monitoring

26  the licensee's compliance with the order in the amount of $25

27  per month for each month or portion of a month set forth in

28  the final order to complete the length of term of the

29  probation, suspension, or practice restrictions imposed by the

30  final order. The assessment shall be included in the terms of

31  the final order. The board, or the department if there is no


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 1  board, may elect to assess the same fee to offset other costs

 2  of monitoring compliance with the terms imposed by a final

 3  order that does not include probation, suspension, or practice

 4  restrictions.

 5         Section 33.  Subsection (1) of section 456.073, Florida

 6  Statutes, is amended to read:

 7         456.073  Disciplinary proceedings.--Disciplinary

 8  proceedings for each board shall be within the jurisdiction of

 9  the department.

10         (1)  The department, for the boards under its

11  jurisdiction, shall cause to be investigated any complaint

12  that is filed before it if the complaint is in writing, signed

13  by the complainant, and legally sufficient. A complaint filed

14  by a state prisoner against a health care practitioner

15  employed by or otherwise providing health care services within

16  a facility of the Department of Corrections is not legally

17  sufficient unless there is a showing that the prisoner

18  complainant has exhausted all available administrative

19  remedies within the state correctional system before filing

20  the complaint. However, if the Department of Health determines

21  after a preliminary inquiry of a state prisoner's complaint

22  that the practitioner may present a serious threat to the

23  health and safety of any individual who is not a state

24  prisoner, the Department of Health may determine legal

25  sufficiency and proceed with discipline. The Department of

26  Health shall be notified within 15 days after the Department

27  of Corrections disciplines or allows a health care

28  practitioner to resign for an offense related to the practice

29  of his or her profession. A complaint is legally sufficient if

30  it contains ultimate facts that show that a violation of this

31  chapter, of any of the practice acts relating to the


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 1  professions regulated by the department, or of any rule

 2  adopted by the department or a regulatory board in the

 3  department has occurred. In order to determine legal

 4  sufficiency, the department may require supporting information

 5  or documentation. The department may investigate, and the

 6  department or the appropriate board may take appropriate final

 7  action on, a complaint even though the original complainant

 8  withdraws it or otherwise indicates a desire not to cause the

 9  complaint to be investigated or prosecuted to completion. The

10  department may investigate an anonymous complaint if the

11  complaint is in writing and is legally sufficient, if the

12  alleged violation of law or rules is substantial, and if the

13  department has reason to believe, after preliminary inquiry,

14  that the violations alleged in the complaint are true. The

15  department may investigate a complaint made by a confidential

16  informant if the complaint is legally sufficient, if the

17  alleged violation of law or rule is substantial, and if the

18  department has reason to believe, after preliminary inquiry,

19  that the allegations of the complainant are true. The

20  department may initiate an investigation if it has reasonable

21  cause to believe that a licensee or a group of licensees has

22  violated a Florida statute, a rule of the department, or a

23  rule of a board. Notwithstanding subsection (13), the

24  department may investigate information filed under pursuant to

25  s. 456.041(4) relating to liability actions with respect to

26  practitioners licensed under chapter 458 or chapter 459 which

27  have been reported under s. 456.049 or s. 627.912 within the

28  previous 6 years for any paid claim that exceeds $50,000.

29  Except as provided in ss. 458.331(9), 459.015(9), 460.413(5),

30  and 461.013(6), When an investigation of any subject is

31  undertaken, the department shall promptly furnish to the


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 1  subject or the subject's attorney a copy of the complaint or

 2  document that resulted in the initiation of the investigation.

 3  The subject may submit a written response to the information

 4  contained in the such complaint or document within 30 20 days

 5  after service to the subject of the complaint or document. The

 6  subject's written response shall be considered by the probable

 7  cause panel. The right to respond does not prohibit the

 8  issuance of a summary emergency order if necessary to protect

 9  the public. However, if the secretary, or the secretary's

10  designee, and the chair of the respective board or the chair

11  of its probable cause panel agree in writing that the such

12  notification would be detrimental to the investigation, the

13  department may withhold notification. The department may

14  conduct an investigation without notification to any subject

15  if the act under investigation is a criminal offense.

16         Section 34.  Subsection (2) of section 457.105, Florida

17  Statutes, is amended, to read:

18         457.105  Licensure qualifications and fees.--

19         (2)  A person may become licensed to practice

20  acupuncture if the person applies to the department and:

21         (a)  Is 21 years of age or older, has good moral

22  character, and has the ability to communicate in English,

23  which is demonstrated by having passed the national written

24  examination in English or, if such examination was passed in a

25  foreign language, by also having passed a nationally

26  recognized English proficiency examination;

27         (b)  Effective July 31, 2001, has completed 60 college

28  credits from an accredited postsecondary institution as a

29  prerequisite to enrollment in and completion of an authorized

30  3-year course of study in acupuncture and oriental medicine,

31  and has completed a 3-year course of study in acupuncture and


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 1  oriental medicine, and effective July 31, 2001, a 4-year

 2  course of study in acupuncture and oriental medicine, which

 3  meets standards established by the board by rule, which

 4  standards include, but are not limited to, successful

 5  completion of academic courses in western anatomy, western

 6  physiology, western pathology, western biomedical terminology,

 7  first aid, and cardiopulmonary resuscitation (CPR). However,

 8  any person who enrolled in an authorized course of study in

 9  acupuncture before August 1, 1997, must have completed only a

10  2-year course of study which meets standards established by

11  the board by rule, which standards must include, but are not

12  limited to, successful completion of academic courses in

13  western anatomy, western physiology, and western pathology. In

14  addition, any person who enrolled in an authorized 3-year

15  course of study in acupuncture and oriental medicine prior to

16  July 31, 2001, must have completed 60 college credits from an

17  accredited postsecondary institution as a prerequisite to

18  enrollment in an authorized 3-year course of study in

19  acupuncture and oriental medicine and must have completed a

20  3-year course of study in acupuncture and oriental medicine

21  which meets standards established by the board by rule;

22         (c)  Has successfully completed a board-approved

23  national certification process, is actively licensed in a

24  state that has examination requirements that are substantially

25  equivalent to or more stringent than those of this state, or

26  passes the national an examination approved administered by

27  the board department, which examination tests the applicant's

28  competency and knowledge of the practice of acupuncture and

29  oriental medicine. At the request of any applicant, oriental

30  nomenclature for the points shall be used in the examination.

31  The examination shall include a practical examination of the


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 1  knowledge and skills required to practice modern and

 2  traditional acupuncture and oriental medicine, covering

 3  diagnostic and treatment techniques and procedures; and

 4         (d)  Pays the required fees set by the board by rule

 5  not to exceed the following amounts:

 6         1.  Examination fee: $500 plus the actual per applicant

 7  cost to the department for purchase of the written and

 8  practical portions of the examination from a national

 9  organization approved by the board.

10         2.  Application fee: $300.

11         3.  Reexamination fee: $500 plus the actual per

12  applicant cost to the department for purchase of the written

13  and practical portions of the examination from a national

14  organization approved by the board.

15         4.  Initial biennial licensure fee: $400, if licensed

16  in the first half of the biennium, and $200, if licensed in

17  the second half of the biennium.

18         Section 35.  Section 457.107, Florida Statutes, is

19  amended to read:

20         457.107  Renewal of licenses; continuing education.--

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

22  of the renewal application and the required fee set by the

23  board by rule, not to exceed $500.

24         (2)  The department shall adopt rules establishing a

25  procedure for the biennial renewal of licenses.

26         (3)  The board shall by rule prescribe continuing

27  education requirements, not to exceed 30 hours biennially, as

28  a condition for renewal of a license. All education programs

29  that contribute to the advancement, extension, or enhancement

30  of professional skills and knowledge related to the practice

31  of acupuncture, whether conducted by a nonprofit or


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 1  profitmaking entity, are eligible for approval. The continuing

 2  professional education requirements must be in acupuncture or

 3  oriental medicine subjects, including, but not limited to,

 4  anatomy, biological sciences, adjunctive therapies, sanitation

 5  and sterilization, emergency protocols, and diseases. The

 6  board may adopt rules establishing standards for the approval

 7  of providers of continuing education activities. The board

 8  shall have the authority to set a fee, not to exceed $100, for

 9  each continuing education provider. The licensee shall retain

10  in his or her records the certificates of completion of

11  continuing professional education requirements to prove

12  compliance with this subsection. The board may request the

13  such documentation without cause from applicants who are

14  selected at random. All national and state acupuncture and

15  oriental medicine organizations and acupuncture and oriental

16  medicine schools are approved to provide continuing

17  professional education in accordance with this subsection.

18         Section 36.  Paragraph (c) of subsection (1) of section

19  457.109, Florida Statutes, is amended to read:

20         457.109  Disciplinary actions; grounds; action by the

21  board.--

22         (1)  The following acts constitute grounds for denial

23  of a license or disciplinary action, as specified in s.

24  456.072(2):

25         (c)  Being convicted or found guilty, or entering a

26  plea of nolo contendere to, regardless of adjudication, in a

27  court of this state or other any jurisdiction of a crime that

28  which directly relates to the practice of acupuncture or to

29  the ability to practice acupuncture.  Any plea of nolo

30  contendere shall be considered a conviction for purposes of

31  this chapter.


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 1         Section 37.  Section 458.303, Florida Statutes, is

 2  amended to read:

 3         458.303  Provisions not applicable to other

 4  practitioners; exceptions, etc.--

 5         (1)  The provisions of ss. 458.301, 458.303, 458.305,

 6  458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,

 7  458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,

 8  458.343, 458.345, and 458.347 shall have no application to:

 9         (a)  Other duly licensed health care practitioners

10  acting within their scope of practice authorized by statute.

11         (b)  Any physician lawfully licensed in another state

12  or territory or foreign country, when meeting duly licensed

13  physicians of this state in consultation.

14         (c)  Commissioned medical officers of the Armed Forces

15  of the United States and of the Public Health Service of the

16  United States while on active duty and while acting within the

17  scope of their military or public health responsibilities.

18         (d)  Any person while actually serving without salary

19  or professional fees on the resident medical staff of a

20  hospital in this state, subject to the provisions of s.

21  458.321.

22         (e)  Any person furnishing medical assistance in case

23  of an emergency.

24         (f)  The domestic administration of recognized family

25  remedies.

26         (g)  The practice of the religious tenets of any church

27  in this state.

28         (h)  Any person or manufacturer who, without the use of

29  drugs or medicine, mechanically fits or sells lenses,

30  artificial eyes or limbs, or other apparatus or appliances or

31  is engaged in the mechanical examination of eyes for the


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 1  purpose of constructing or adjusting spectacles, eyeglasses,

 2  or lenses.

 3         (2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.

 4  458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.

 5  458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.

 6  458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347

 7  shall be construed to prohibit any service rendered by a

 8  registered nurse, or a licensed practical nurse, or a

 9  geriatric specialist certified under part I of chapter 464, if

10  such service is rendered under the direct supervision and

11  control of a licensed physician who provides specific

12  direction for any service to be performed and gives final

13  approval to all services performed.  Further, nothing in this

14  or any other chapter shall be construed to prohibit any

15  service rendered by a medical assistant in accordance with the

16  provisions of s. 458.3485.

17         Section 38.  Section 458.311, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 458.311, F.S., for present text.)

21         458.311  Licensure; requirements; fees.--

22         (1)  Any person desiring to be licensed as a physician

23  shall apply to the department on forms furnished by the

24  department. The department shall license each applicant who

25  the board certifies has met the provisions of this section.

26         (2)  Each applicant must demonstrate compliance with

27  the following:

28         (a)  Has completed the application form and remitted a

29  nonrefundable application fee not to exceed $500.

30         (b)  Is at least 21 years of age.

31         (c)  Is of good moral character.


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 1         (d)  Has not committed any act or offense in this or

 2  any other jurisdiction which would constitute the basis for

 3  disciplining a physician under s. 458.331.

 4         (e)  Has submitted to the department a set of

 5  fingerprints on a form and under procedures specified by the

 6  department, along with a payment in an amount equal to the

 7  costs incurred by the department for the criminal history

 8  check of the applicant.

 9         (f)  Has caused to be submitted to the department core

10  credentials verified by the Federation Credentials

11  Verification Service of the Federation of State Medical

12  Boards.

13         (g)  For an applicant holding a valid active license in

14  another state, has submitted evidence of the active licensed

15  practice of medicine in another jurisdiction for at least 2 of

16  the immediately preceding 4 years or evidence of successful

17  completion of either a board-approved postgraduate training

18  program within 2 years preceding the filing of an application

19  or a board-approved clinical competency examination within the

20  year preceding the filing of an application for licensure. For

21  purposes of this paragraph, the term "active licensed practice

22  of medicine" means that practice of medicine by physicians,

23  including those employed by any governmental entity in

24  community or public health, as defined by this chapter, those

25  designated as medical directors under s. 641.495(11) who are

26  practicing medicine, and those on the active teaching faculty

27  of an accredited medical school. If the applicant fails to

28  meet the requirements of this paragraph, the board may impose

29  conditions on the license, including, but not limited to,

30  supervision of practice.

31  


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 1         (3)  Each applicant must demonstrate that he or she has

 2  complied with one of the following:

 3         (a)  Is a graduate of an allopathic medical school or

 4  allopathic college recognized and approved by an accrediting

 5  agency recognized by the United States Department of Education

 6  or is a graduate of an allopathic medical school or allopathic

 7  college within a territorial jurisdiction of the United States

 8  recognized by the accrediting agency of the governmental body

 9  of that jurisdiction; or

10         (b)  Is a graduate of an allopathic international

11  medical school registered with the World Health Organization

12  and has had his or her medical credentials evaluated by the

13  Educational Commission for Foreign Medical Graduates, holds an

14  active, valid certificate issued by that commission, and has

15  passed the examination used by that commission. However, a

16  graduate of an international medical school need not present

17  the certificate issued by the Educational Commission for

18  Foreign Medical Graduates or pass the examination used by that

19  commission if the graduate has:

20         1.  Received a bachelor's degree from an accredited

21  United States college or university.

22         2.  Studied at a medical school which is recognized by

23  the World Health Organization.

24         3.  Completed all of the formal requirements of the

25  international medical school, except the internship or social

26  service requirements, and passed part I of the National Board

27  of Medical Examiners examination or the Educational Commission

28  for Foreign Medical Graduates examination equivalent.

29         4.  Completed an academic year of supervised clinical

30  training in a hospital affiliated with a medical school

31  approved by the Council on Medical Education of the American


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 1  Medical Association and, upon completion, passed part II of

 2  the National Board of Medical Examiners examination or the

 3  Educational Commission for Foreign Medical Graduates

 4  examination equivalent.

 5         (4)  Each applicant must demonstrate that he or she has

 6  completed a residency approved by the Accreditation Council

 7  for Graduate Medical Education (ACGME), as defined by board

 8  rule, of at least 2 years, or a fellowship of at least 2 years

 9  in one specialty area that is counted toward regular or

10  subspecialty certification by a board recognized and certified

11  by the American Board of Medical Specialties. However, each

12  applicant who meets the requirements of paragraph (3)(a) and

13  who completed his or her training prior to October 1, 2003,

14  must demonstrate completion of at least 1 year of an approved

15  residency.

16         (5)(a)  Each applicant must demonstrate that he or she

17  has complied with one of the following examination

18  requirements:

19         1.  Prior to January 1, 2000, has obtained a passing

20  score, as established by rule of the board, on the licensure

21  examination of the National Board of Medical Examiners (NBME),

22  the licensure examination of the Federation of State Medical

23  Boards of the United States, Inc. (FLEX), the United States

24  Medical Licensing Examination (USMLE), or a combination

25  thereof;

26         2.  On or after January 1, 2000, has obtained a passing

27  score on all three steps of the United States Medical

28  Licensing Examination (USMLE); or

29         3.  Has obtained a passing score on a state board

30  examination or the Canadian licensing examination (LLMCC) if

31  the applicant has a current active license in at least one


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 1  other jurisdiction of the United States or Canada and has

 2  practiced under the licensure continuously for the immediately

 3  preceding 10 years without encumbrance on the license.

 4         (b)  As prescribed by board rule, the board may require

 5  an applicant who does not pass any step of the national

 6  licensing examination after five attempts to complete

 7  additional remedial education or training.

 8         (c)  As prescribed by board rule, the board may require

 9  an applicant who does not pass all steps of the United States

10  Medical Licensing Examination (USMLE) within 7 years to

11  complete additional remedial education or training or to

12  retake the step of the examination which the applicant passed

13  first.

14         (6)  The department and the board shall ensure that

15  applicants for licensure meet the criteria of this section

16  through an investigative process.

17         (7)  The board may not certify to the department for

18  licensure any applicant who is under investigation in another

19  jurisdiction for an offense that would constitute a violation

20  of this chapter until the investigation is completed. Upon

21  completion of the investigation, the provisions of s. 458.331

22  shall apply. Furthermore, the department may not issue an

23  unrestricted license to any individual who has committed any

24  act or offense in any jurisdiction which would constitute the

25  basis for disciplining a physician under s. 458.331. When the

26  board finds that an individual has committed an act or offense

27  in any jurisdiction which would constitute the basis for

28  disciplining a physician under s. 458.331, the board may enter

29  an order imposing one or more of the terms set forth in s.

30  456.072(2).

31  


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 1         (8)  The board may adopt rules pursuant to ss.

 2  120.536(1) and 120.54 necessary to carry out the provisions of

 3  this section, which shall be applied on a uniform and

 4  consistent basis.

 5         (9)  When the board determines that any applicant for

 6  licensure has failed to meet, to the board's satisfaction,

 7  each of the appropriate requirements set forth in this

 8  section, it may enter an order requiring one or more of the

 9  following terms:

10         (a)  Refusal to certify to the department an

11  application for licensure, certification, or registration;

12         (b)  Certification to the department of an application

13  for licensure, certification, or registration with

14  restrictions on the scope of practice of the licensee; or

15         (c)  Certification to the department of an application

16  for licensure, certification, or registration with placement

17  of the physician on probation for a period of time and subject

18  to conditions specified by the board, including, but not

19  limited to, requiring the physician to submit to treatment,

20  attend continuing education courses, submit to reexamination,

21  or work under the supervision of another physician.

22         Section 39.  Subsection (5) of section 458.3124,

23  Florida Statutes, is amended to read:

24         458.3124  Restricted license; certain experienced

25  foreign-trained physicians.--

26         (5)  Notwithstanding s. 458.311(3) and (4) s.

27  458.311(1)(f), a person who successfully meets the

28  requirements of this section and who successfully passes Step

29  III of the United States Medical Licensing Examination is

30  eligible for full licensure as a physician.

31  


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 1         Section 40.  Section 458.315, Florida Statutes, is

 2  amended to read:

 3         (Substantial rewording of section. See

 4         s. 458.315, F.S., for present text.)

 5         458.315  Limited licenses.--

 6         (1)  Any person desiring to obtain a limited license

 7  shall apply to the department on forms furnished by the

 8  department. The department shall license each applicant who

 9  the board certifies:

10         (a)  Has submitted to the department, with an

11  application and fee not to exceed $300, a statement stating

12  that he or she has been licensed to practice medicine in any

13  jurisdiction or territory of the United States or Canada for

14  at least 2 years and intends to practice only pursuant to the

15  restrictions of a limited license granted under this section.

16  However, if the physician will use the limited license only

17  for noncompensated practice and submits a statement from the

18  employing agency or institution stating that he or she will

19  not receive compensation for any service involving the

20  practice of medicine, the application fee and all licensure

21  fees shall be waived.

22         (b)  Has submitted evidence of the active licensed

23  practice of medicine in any jurisdiction or territory of the

24  United States or Canada for at least 2 of the immediately

25  preceding 4 years. For purposes of this paragraph, the term

26  "active licensed practice of medicine" means that practice of

27  medicine by physicians, including those employed by any

28  government entity in community or public health, as defined by

29  this chapter, those designated as medical directors under s.

30  641.495(11) who are practicing medicine, and those on the

31  active teaching faculty of an accredited medical school. If it


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 1  has been more than 3 years since active practice was conducted

 2  by the applicant, a licensed physician approved by the board

 3  shall supervise the applicant for a period of 6 months after

 4  he or she is granted a limited license for practice, unless

 5  the board determines that a shorter period of supervision will

 6  be sufficient to ensure that the applicant is qualified for

 7  licensure. Procedures for such supervision shall be

 8  established by the board.

 9         (c)  Has submitted to the department a set of

10  fingerprints on a form and following procedures established by

11  the department for the criminal history check of the

12  applicant.

13         (d)  Has not committed any act or offense in this or

14  any other jurisdiction which would constitute the basis for

15  disciplining a physician under s. 458.331.

16         (2)  After approval of an application under this

17  section, a limited license may not be issued until the

18  applicant provides to the board an affidavit stating that

19  there have been no substantial changes in his or her status

20  since initial application.

21         (3)  The recipient of a limited license used for

22  noncompensated practice shall practice only in the employ of

23  programs or facilities that provide uncompensated health care

24  services by volunteer licensed health care professionals to

25  low-income persons whose family income does not exceed 150

26  percent of the federal poverty level or to uninsured persons.

27  These facilities include, but are not limited to, the

28  department, community and migrant health centers funded under

29  s. 330 of the Public Health Service Act, and volunteer health

30  care provider programs contracted with the department to

31  provide uncompensated care under s. 766.1115.


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 1         (4)  The recipient of a limited license used for

 2  compensated practice shall practice only in the employ of

 3  certain programs and facilities that provide health care

 4  services and that are located within federally designated

 5  primary care health professional shortage areas, unless

 6  otherwise approved by the Secretary of Health. These programs

 7  and facilities include, but are not limited to, the

 8  department, the Department of Corrections, county or municipal

 9  correctional facilities, the Department of Juvenile Justice,

10  the Department of Children and Family Services, and those

11  programs and facilities funded under s. 330 of the Public

12  Health Service Act.

13         (5)  The recipient of a limited license shall, within

14  30 days after accepting employment, notify the board of all

15  approved institutions in which the licensee practices and all

16  approved institutions in which the licensee's practice

17  privileges have been denied. Evidence of noncompensated

18  employment shall be required for the fee waiver under

19  paragraph (1)(a).

20         (6)  Upon renewal, a limited licenseholder shall, in

21  addition to complying with other applicable provisions of this

22  chapter, document compliance with the restrictions prescribed

23  in this section.

24         (7)  Any person holding an active or inactive license

25  to practice medicine in the state may convert that license to

26  a limited license for the purpose of providing volunteer,

27  uncompensated care for low-income residents of this state. The

28  licensee must submit a statement from the employing agency or

29  institution stating that he or she will not receive

30  compensation for any service involving the practice of

31  


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 1  medicine. All licensure fees, including neurological injury

 2  compensation assessments, shall be waived.

 3         (8)  This section does not limit in any way any policy

 4  by the board, otherwise authorized by law, to grant licenses

 5  to physicians duly licensed in other states under conditions

 6  less restrictive than the requirements of this section.

 7  Notwithstanding any other provision of this section, the board

 8  may refuse to authorize a physician otherwise qualified to

 9  practice in the employ of any agency or institution if the

10  agency or institution has caused or permitted violations of

11  the provisions of this chapter which it knew or should have

12  known were occurring.

13         Section 41.  Subsection (4) of section 458.319, Florida

14  Statutes, is amended to read:

15         458.319  Renewal of license.--

16         (4)  Notwithstanding the provisions of s. 456.033, A

17  physician may complete continuing education on end-of-life

18  care and palliative care in lieu of continuing education in

19  AIDS/HIV, if that physician has completed the AIDS/HIV

20  continuing education in the immediately preceding biennium.

21         Section 42.  Paragraph (c) of subsection (5) of section

22  458.320, Florida Statutes, is amended to read:

23         458.320  Financial responsibility.--

24         (5)  The requirements of subsections (1), (2), and (3)

25  do not apply to:

26         (c)  Any person holding a limited license pursuant to

27  s. 458.315 s. 458.317 and practicing under the scope of such

28  limited license.

29         Section 43.  Subsection (9) of section 458.331, Florida

30  Statutes, is amended to read:

31  


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 1         458.331  Grounds for disciplinary action; action by the

 2  board and department.--

 3         (9)  When an investigation of a physician is

 4  undertaken, the department shall promptly furnish to the

 5  physician or the physician's attorney a copy of the complaint

 6  or document which resulted in the initiation of the

 7  investigation. For purposes of this subsection, such documents

 8  include, but are not limited to: the pertinent portions of an

 9  annual report submitted to the department pursuant to s.

10  395.0197(6); a report of an adverse incident which is provided

11  to the department pursuant to s. 395.0197; a report of peer

12  review disciplinary action submitted to the department

13  pursuant to s. 395.0193(4) or s. 458.337, providing that the

14  investigations, proceedings, and records relating to such peer

15  review disciplinary action shall continue to retain their

16  privileged status even as to the licensee who is the subject

17  of the investigation, as provided by ss. 395.0193(8) and

18  458.337(3); a report of a closed claim submitted pursuant to

19  s. 627.912; a presuit notice submitted pursuant to s.

20  766.106(2); and a petition brought under the Florida

21  Birth-Related Neurological Injury Compensation Plan, pursuant

22  to s. 766.305(2). The physician may submit a written response

23  to the information contained in the complaint or document

24  which resulted in the initiation of the investigation within

25  30 45 days after service to the physician of the complaint or

26  document. The physician's written response shall be considered

27  by the probable cause panel.

28         Section 44.  Paragraph (c) of subsection (1) of section

29  458.345, Florida Statutes, is amended to read:

30  

31  


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 1         458.345  Registration of resident physicians, interns,

 2  and fellows; list of hospital employees; prescribing of

 3  medicinal drugs; penalty.--

 4         (1)  Any person desiring to practice as a resident

 5  physician, assistant resident physician, house physician,

 6  intern, or fellow in fellowship training which leads to

 7  subspecialty board certification in this state, or any person

 8  desiring to practice as a resident physician, assistant

 9  resident physician, house physician, intern, or fellow in

10  fellowship training in a teaching hospital in this state as

11  defined in s. 408.07(44) or s. 395.805(2), who does not hold a

12  valid, active license issued under this chapter shall apply to

13  the department to be registered and shall remit a fee not to

14  exceed $300 as set by the board.  The department shall

15  register any applicant the board certifies has met the

16  following requirements:

17         (c)  Is a graduate of a medical school or college as

18  specified in s. 458.311(3) s. 458.311(1)(f).

19         Section 45.  Subsection (7) of section 458.347, Florida

20  Statutes, is amended to read:

21         458.347  Physician assistants.--

22         (7)  PHYSICIAN ASSISTANT LICENSURE.--

23         (a)  Any person desiring to be licensed as a physician

24  assistant must apply to the department. The department shall

25  issue a license to any person certified by the council as

26  having met the following requirements:

27         1.  Is at least 18 years of age.

28         2.  Has satisfactorily passed a proficiency examination

29  by an acceptable score established by the National Commission

30  on Certification of Physician Assistants.  If an applicant

31  does not hold a current certificate issued by the National


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 1  Commission on Certification of Physician Assistants and has

 2  not actively practiced as a physician assistant within the

 3  immediately preceding 4 years, the applicant must retake and

 4  successfully complete the entry-level examination of the

 5  National Commission on Certification of Physician Assistants

 6  to be eligible for licensure.

 7         3.  Has completed the application form and remitted an

 8  application fee not to exceed $300 as set by the boards. An

 9  application for licensure made by a physician assistant must

10  include:

11         a.  A certificate of completion of a physician

12  assistant training program specified in subsection (6).

13         b.  A sworn statement of any prior felony convictions.

14         c.  A sworn statement of any previous revocation or

15  denial of licensure or certification in any state.

16         d.  Two letters of recommendation.

17         (b)1.  Notwithstanding subparagraph (a)2. and

18  sub-subparagraph (a)3.a., the department shall examine each

19  applicant who the Board of Medicine certifies:

20         a.  Has completed the application form and remitted a

21  nonrefundable application fee not to exceed $500 and an

22  examination fee not to exceed $300, plus the actual cost to

23  the department to provide the examination. The examination fee

24  is refundable if the applicant is found to be ineligible to

25  take the examination. The department shall not require the

26  applicant to pass a separate practical component of the

27  examination. For examinations given after July 1, 1998,

28  competencies measured through practical examinations shall be

29  incorporated into the written examination through a

30  multiple-choice format. The department shall translate the

31  examination into the native language of any applicant who


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 1  requests and agrees to pay all costs of such translation,

 2  provided that the translation request is filed with the board

 3  office no later than 9 months before the scheduled examination

 4  and the applicant remits translation fees as specified by the

 5  department no later than 6 months before the scheduled

 6  examination, and provided that the applicant demonstrates to

 7  the department the ability to communicate orally in basic

 8  English. If the applicant is unable to pay translation costs,

 9  the applicant may take the next available examination in

10  English if the applicant submits a request in writing by the

11  application deadline and if the applicant is otherwise

12  eligible under this section. To demonstrate the ability to

13  communicate orally in basic English, a passing score or grade

14  is required, as determined by the department or organization

15  that developed it, on the test for spoken English (TSE) by the

16  Educational Testing Service (ETS), the test of English as a

17  foreign language (TOEFL) by ETS, a high school or college

18  level English course, or the English examination for

19  citizenship, Immigration and Naturalization Service. A

20  notarized copy of an Educational Commission for Foreign

21  Medical Graduates (ECFMG) certificate may also be used to

22  demonstrate the ability to communicate in basic English; and

23         b.(I)  Is an unlicensed physician who graduated from a

24  foreign medical school listed with the World Health

25  Organization who has not previously taken and failed the

26  examination of the National Commission on Certification of

27  Physician Assistants and who has been certified by the Board

28  of Medicine as having met the requirements for licensure as a

29  medical doctor by examination as set forth in s. 458.311(1),

30  (3), (4), and (5), with the exception that the applicant is

31  not required to have completed an approved residency of at


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 1  least 1 year and the applicant is not required to have passed

 2  the licensing examination specified under s. 458.311 or hold a

 3  valid, active certificate issued by the Educational Commission

 4  for Foreign Medical Graduates; was eligible and made initial

 5  application for certification as a physician assistant in this

 6  state between July 1, 1990, and June 30, 1991; and was a

 7  resident of this state on July 1, 1990, or was licensed or

 8  certified in any state in the United States as a physician

 9  assistant on July 1, 1990; or

10         (II)  Completed all coursework requirements of the

11  Master of Medical Science Physician Assistant Program offered

12  through the Florida College of Physician's Assistants prior to

13  its closure in August of 1996. Prior to taking the

14  examination, such applicant must successfully complete any

15  clinical rotations that were not completed under such program

16  prior to its termination and any additional clinical rotations

17  with an appropriate physician assistant preceptor, not to

18  exceed 6 months, that are determined necessary by the council.

19  The boards shall determine, based on recommendations from the

20  council, the facilities under which such incomplete or

21  additional clinical rotations may be completed and shall also

22  determine what constitutes successful completion thereof,

23  provided such requirements are comparable to those established

24  by accredited physician assistant programs. This

25  sub-sub-subparagraph is repealed July 1, 2001.

26         2.  The department may grant temporary licensure to an

27  applicant who meets the requirements of subparagraph 1.

28  Between meetings of the council, the department may grant

29  temporary licensure to practice based on the completion of all

30  temporary licensure requirements. All such administratively

31  issued licenses shall be reviewed and acted on at the next


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 1  regular meeting of the council. A temporary license expires 30

 2  days after receipt and notice of scores to the licenseholder

 3  from the first available examination specified in subparagraph

 4  1. following licensure by the department. An applicant who

 5  fails the proficiency examination is no longer temporarily

 6  licensed, but may apply for a one-time extension of temporary

 7  licensure after reapplying for the next available examination.

 8  Extended licensure shall expire upon failure of the

 9  licenseholder to sit for the next available examination or

10  upon receipt and notice of scores to the licenseholder from

11  such examination.

12         3.  Notwithstanding any other provision of law, the

13  examination specified pursuant to subparagraph 1. shall be

14  administered by the department only five times. Applicants

15  certified by the board for examination shall receive at least

16  6 months' notice of eligibility prior to the administration of

17  the initial examination. Subsequent examinations shall be

18  administered at 1-year intervals following the reporting of

19  the scores of the first and subsequent examinations. For the

20  purposes of this paragraph, the department may develop,

21  contract for the development of, purchase, or approve an

22  examination that adequately measures an applicant's ability to

23  practice with reasonable skill and safety. The minimum passing

24  score on the examination shall be established by the

25  department, with the advice of the board. Those applicants

26  failing to pass that examination or any subsequent examination

27  shall receive notice of the administration of the next

28  examination with the notice of scores following such

29  examination. Any applicant who passes the examination and

30  meets the requirements of this section shall be licensed as a

31  physician assistant with all rights defined thereby.


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 1         (b)(c)  The license must be renewed biennially.  Each

 2  renewal must include:

 3         1.  A renewal fee not to exceed $500 as set by the

 4  boards.

 5         2.  A sworn statement of no felony convictions in the

 6  previous 2 years.

 7         (c)(d)  Each licensed physician assistant shall

 8  biennially complete 100 hours of continuing medical education

 9  or shall hold a current certificate issued by the National

10  Commission on Certification of Physician Assistants.

11         (d)(e)  Upon employment as a physician assistant, a

12  licensed physician assistant must notify the department in

13  writing within 30 days after such employment or after any

14  subsequent changes in the supervising physician. The

15  notification must include the full name, Florida medical

16  license number, specialty, and address of the supervising

17  physician.

18         (e)(f)  Notwithstanding subparagraph (a)2., the

19  department may grant a temporary license to a recent graduate

20  of an approved program, as specified in subsection (6), who

21  expects to take the first examination administered by the

22  National Commission on Certification of Physician Assistants

23  available for registration after the applicant's graduation, a

24  temporary license. The temporary license shall expire 1 year

25  after the date of graduation 30 days after receipt of scores

26  of the proficiency examination administered by the National

27  Commission on Certification of Physician Assistants.  Between

28  meetings of the council, the department may grant a temporary

29  license to practice under this subsection based on the

30  completion of all temporary licensure requirements.  All such

31  administratively issued licenses shall be reviewed and acted


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 1  on at the next regular meeting of the council. The recent

 2  graduate may be licensed prior to employment, but must comply

 3  with paragraph (d) (e). An applicant who has passed the

 4  National Commission on Certification of Physician Assistants

 5  proficiency examination may be granted permanent licensure. An

 6  applicant failing the proficiency examination is no longer

 7  temporarily licensed, but may reapply for a 1-year extension

 8  of temporary licensure.  An applicant may not be granted more

 9  than two temporary licenses and may not be licensed as a

10  physician assistant until he or she passes the examination

11  administered by the National Commission on Certification of

12  Physician Assistants. As prescribed by board rule, the council

13  may require an applicant who does not pass the national

14  licensing examination after five or more attempts to complete

15  additional remedial education or training. The council shall

16  prescribe the additional requirements in a manner that permits

17  the applicant to complete the requirements and be reexamined

18  within 2 years after the date the applicant petitions the

19  council to retake the examination a sixth or subsequent time.

20         (f)(g)  The Board of Medicine may impose any of the

21  penalties authorized under ss. 456.072 and 458.331(2) upon a

22  physician assistant if the physician assistant or the

23  supervising physician has been found guilty of or is being

24  investigated for any act that constitutes a violation of this

25  chapter or chapter 456.

26         Section 46.  Subsections (4) and (5) of section

27  459.008, Florida Statutes, are amended to read:

28         459.008  Renewal of licenses and certificates.--

29         (4)  The board shall, by rule, prescribe continuing

30  education programs and courses, not to exceed 40 hours

31  biennially, as a condition for renewal of a license. The Such


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 1  programs and courses must build on the basic educational

 2  requirements for licensure as an osteopathic physician and

 3  must be approved by the board. The board may mandate by rule

 4  specific continuing medical education requirements, and may

 5  approve by rule alternative methods of obtaining continuing

 6  education credits, including, but not limited to, attending a

 7  board meeting at which another licensee is disciplined,

 8  serving as a volunteer expert witness for the department in a

 9  disciplinary case, or serving as a member of a probable cause

10  panel following the expiration of a board member's term.

11         (5)  Notwithstanding the provisions of s. 456.033, An

12  osteopathic physician may complete continuing education on

13  end-of-life and palliative care in lieu of continuing

14  education in AIDS/HIV, if that physician has completed the

15  AIDS/HIV continuing education in the immediately preceding

16  biennium.

17         Section 47.  Subsection (9) of section 459.015, Florida

18  Statutes, is amended to read:

19         459.015  Grounds for disciplinary action; action by the

20  board and department.--

21         (9)  When an investigation of an osteopathic physician

22  is undertaken, the department shall promptly furnish to the

23  osteopathic physician or his or her attorney a copy of the

24  complaint or document which resulted in the initiation of the

25  investigation. For purposes of this subsection, such documents

26  include, but are not limited to:  the pertinent portions of an

27  annual report submitted to the department pursuant to s.

28  395.0197(6); a report of an adverse incident which is provided

29  to the department pursuant to s. 395.0197; a report of peer

30  review disciplinary action submitted to the department

31  pursuant to s. 395.0193(4) or s. 459.016, provided that the


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 1  investigations, proceedings, and records relating to such peer

 2  review disciplinary action shall continue to retain their

 3  privileged status even as to the licensee who is the subject

 4  of the investigation, as provided by ss. 395.0193(8) and

 5  459.016(3); a report of a closed claim submitted pursuant to

 6  s. 627.912; a presuit notice submitted pursuant to s.

 7  766.106(2); and a petition brought under the Florida

 8  Birth-Related Neurological Injury Compensation Plan, pursuant

 9  to s. 766.305(2).  The osteopathic physician may submit a

10  written response to the information contained in the complaint

11  or document which resulted in the initiation of the

12  investigation within 30 45 days after service to the

13  osteopathic physician of the complaint or document. The

14  osteopathic physician's written response shall be considered

15  by the probable cause panel.

16         Section 48.  Subsections (1) and (2) of section

17  459.021, Florida Statutes, are amended to read:

18         459.021  Registration of resident physicians, interns,

19  and fellows; list of hospital employees; penalty.--

20         (1)  Any person who holds a degree of Doctor of

21  Osteopathic Medicine from a college of osteopathic medicine

22  recognized and approved by the American Osteopathic

23  Association who desires to practice as a resident physician,

24  assistant resident physician, house physician, intern, or

25  fellow in fellowship training which leads to subspecialty

26  board certification in this state, or any person desiring to

27  practice as a resident physician, assistant resident

28  physician, house physician, intern, or fellow in fellowship

29  training in a teaching hospital in this state as defined in s.

30  408.07(44) or s. 395.805(2), who does not hold an active

31  license issued under this chapter shall apply to the


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 1  department to be registered, on an application provided by the

 2  department, within 30 days prior to of commencing such a

 3  training program and shall remit a fee not to exceed $300 as

 4  set by the board.

 5         (2)  Any person required to be registered under this

 6  section shall renew such registration annually and shall remit

 7  a renewal fee not to exceed $300 as set by the board.  Such

 8  registration shall be terminated upon the registrant's receipt

 9  of an active license issued under this chapter.  No person

10  shall be registered under this section for an aggregate of

11  more than 5 years, unless additional years are approved by the

12  board.

13         Section 49.  Paragraphs (c) and (d) of subsection (1)

14  of section 460.406, Florida Statutes, are amended and

15  subsection (5) is added to that section to read:

16         460.406  Licensure by examination.--

17         (1)  Any person desiring to be licensed as a

18  chiropractic physician shall apply to the department to take

19  the licensure examination. There shall be an application fee

20  set by the board not to exceed $100 which shall be

21  nonrefundable.  There shall also be an examination fee not to

22  exceed $500 plus the actual per applicant cost to the

23  department for purchase of portions of the examination from

24  the National Board of Chiropractic Examiners or a similar

25  national organization, which may be refundable if the

26  applicant is found ineligible to take the examination.  The

27  department shall examine each applicant who the board

28  certifies has:

29         (c)  Submitted proof satisfactory to the department

30  that he or she is within 6 months of graduating from or is a

31  graduate of a chiropractic college which is accredited by or


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 1  has status with the Council on Chiropractic Education or its

 2  predecessor agency. However, any applicant who is a graduate

 3  of a chiropractic college that was initially accredited by the

 4  Council on Chiropractic Education in 1995, who graduated from

 5  such college within the 4 years immediately preceding such

 6  accreditation, and who is otherwise qualified shall be

 7  eligible to take the examination.  No application for a

 8  license to practice chiropractic medicine shall be denied

 9  solely because the applicant is a graduate of a chiropractic

10  college that subscribes to one philosophy of chiropractic

11  medicine as distinguished from another.

12         (d)1.  For an applicant who has matriculated in a

13  chiropractic college prior to July 2, 1990, completed at least

14  2 years of residence college work, consisting of a minimum of

15  one-half the work acceptable for a bachelor's degree granted

16  on the basis of a 4-year period of study, in a college or

17  university accredited by an accrediting agency recognized and

18  approved by the United States Department of Education.

19  However, before prior to being certified by the board to sit

20  for the examination, each applicant who has matriculated in a

21  chiropractic college after July 1, 1990, shall have been

22  granted a bachelor's degree, based upon 4 academic years of

23  study, by a college or university accredited by a regional

24  accrediting agency which is a member of the Council for Higher

25  Education Accreditation, the United States Department of

26  Education, or a successor organization Commission on

27  Recognition of Postsecondary Accreditation.

28         2.  Effective July 1, 2000, completed, before prior to

29  matriculation in a chiropractic college, at least 3 years of

30  residence college work, consisting of a minimum of 90 semester

31  hours leading to a bachelor's degree in a liberal arts college


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 1  or university accredited by an accrediting agency recognized

 2  and approved by the United States Department of Education.

 3  However, before prior to being certified by the board to sit

 4  for the examination, each applicant who has matriculated in a

 5  chiropractic college after July 1, 2000, shall have been

 6  granted a bachelor's degree from an institution holding

 7  accreditation for that degree from a regional accrediting

 8  agency which is recognized by the United States Department of

 9  Education.  The applicant's chiropractic degree must consist

10  of credits earned in the chiropractic program and may not

11  include academic credit for courses from the bachelor's

12  degree.

13         (5)  A student in a school or college of chiropractic

14  accredited by the Council on Chiropractic Education, or its

15  successors, in the final 6 months prior to his or her

16  scheduled graduation, may file an application under subsection

17  (1), take all examinations required for licensure, submit a

18  set of fingerprints and pay all fees required for

19  licensure.  A chiropractic student who takes and successfully

20  passes the licensure examinations and who otherwise meets all

21  requirements for licensure as a chiropractic physician during

22  the student's final 6 months of study must graduate and supply

23  proof of graduation to the department before being certified

24  for licensure under s. 460.406.

25         Section 50.  Subsection (5) of section 460.413, Florida

26  Statutes, is amended to read:

27         460.413  Grounds for disciplinary action; action by

28  board or department.--

29         (5)  When an investigation of a chiropractic physician

30  is undertaken, the department shall promptly furnish to the

31  chiropractic physician or her or his attorney a copy of the


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 1  complaint or document which resulted in the initiation of the

 2  investigation. The chiropractic physician may submit a written

 3  response to the information contained in such complaint or

 4  document within 30 45 days after service to the chiropractic

 5  physician of the complaint or document.  The chiropractic

 6  physician's written response shall be considered by the

 7  probable cause panel.

 8         Section 51.  Subsection (6) of section 461.013, Florida

 9  Statutes, is amended to read:

10         461.013  Grounds for disciplinary action; action by the

11  board; investigations by department.--

12         (6)  When an investigation of a podiatric physician is

13  undertaken, the department shall promptly furnish to the

14  podiatric physician or her or his attorney a copy of the

15  complaint or document which resulted in the initiation of the

16  investigation.  The podiatric physician may submit a written

17  response to the information contained in such complaint or

18  document within 30 45 days after service to the podiatric

19  physician of the complaint or document.  The podiatric

20  physician's written response shall be considered by the

21  probable cause panel.

22         Section 52.  Subsection (4) of section 461.014, Florida

23  Statutes, is amended to read:

24         461.014  Residency.--The board shall encourage and

25  develop podiatric residency programs in hospitals in this

26  state and shall establish such programs by the promulgation of

27  rules, subject to the following conditions:

28         (4)  Every hospital having a residency program shall

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

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

31  other information as is required by the board.


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 1         Section 53.  Paragraph (b) of subsection (1) of section

 2  463.006, Florida Statutes, is amended to read:

 3         463.006  Licensure and certification by examination.--

 4         (1)  Any person desiring to be a licensed practitioner

 5  pursuant to this chapter shall apply to the department to take

 6  the licensure and certification examinations. The department

 7  shall examine each applicant who the board determines has:

 8         (b)  Submitted proof satisfactory to the department

 9  that she or he:

10         1.  Is at least 18 years of age.

11         2.  Has graduated from an accredited school or college

12  of optometry approved by rule of the board.

13         3.  Is of good moral character.

14         4.  Has successfully completed at least 110 hours of

15  transcript-quality coursework and clinical training in general

16  and ocular pharmacology as determined by the board, at an

17  institution that:

18         a.  Has facilities for both didactic and clinical

19  instructions in pharmacology.; and

20         b.  Is accredited by a regional or professional

21  accrediting organization that is recognized and approved by

22  the Council for Higher Education Commission on Recognition of

23  Postsecondary Accreditation or the United States Department of

24  Education, or a successor organization.

25         5.  Has completed at least 1 year of supervised

26  experience in differential diagnosis of eye disease or

27  disorders as part of the optometric training or in a clinical

28  setting as part of the optometric experience.

29         Section 54.  Subsection (1) of section 464.009, Florida

30  Statutes, is amended and reenacted to read:

31         464.009  Licensure by endorsement.--


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 1         (1)  The department shall issue the appropriate license

 2  by endorsement to practice professional or practical nursing

 3  to an applicant who, upon applying to the department and

 4  remitting a fee set by the board not to exceed $100,

 5  demonstrates to the board that he or she:

 6         (a)  Holds a valid license to practice professional or

 7  practical nursing in another state or territory of the United

 8  States, provided that, when the applicant secured his or her

 9  original license, the requirements for licensure were

10  substantially equivalent to or more stringent than those

11  existing in Florida at that time;

12         (b)  Meets the qualifications for licensure in s.

13  464.008 and has successfully completed a state, regional, or

14  national examination which is substantially equivalent to or

15  more stringent than the examination given by the department;

16  or

17         (c)  Has actively practiced nursing in another state,

18  jurisdiction, or territory of the United States for 2 of the

19  preceding 3 years without having his or her license acted

20  against by the licensing authority of any jurisdiction.

21  Applicants who become licensed under pursuant to this

22  paragraph must complete within 6 months after licensure a

23  Florida laws and rules course that is approved by the board.

24  Once the department has received the results of the national

25  criminal history check and has determined that the applicant

26  has no criminal history, the appropriate license by

27  endorsement shall be issued to the applicant. This paragraph

28  is repealed July 1, 2004, unless reenacted by the Legislature.

29         Section 55.  Paragraph (a) of subsection (4) of section

30  464.0205, Florida Statutes, is amended to read:

31         464.0205  Retired volunteer nurse certificate.--


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 1         (4)  A retired volunteer nurse receiving certification

 2  from the board shall:

 3         (a)  Work under the direct supervision of the director

 4  of a county health department, a physician working under a

 5  limited license issued pursuant to s. 458.315 s. 458.317 or s.

 6  459.0075, a physician licensed under chapter 458 or chapter

 7  459, an advanced registered nurse practitioner certified under

 8  s. 464.012, or a registered nurse licensed under s. 464.008 or

 9  s. 464.009.

10         Section 56.  Subsection (6) is added to section

11  464.201, Florida Statutes, to read:

12         464.201  Definitions.--As used in this part, the term:

13         (6)  "Practice of a certified nursing assistant" means

14  providing care and assisting persons with tasks relating to

15  the activities of daily living. Such tasks are those

16  associated with personal care, maintaining mobility, nutrition

17  and hydration, toileting and elimination, assistive devices,

18  safety and cleanliness, data gathering, reporting abnormal

19  signs and symptoms, postmortem care, patient socialization and

20  reality orientation, end-of-life care, CPR and emergency care,

21  notification of residents' or patients' rights, documentation

22  of nursing assistant services, and other tasks that a

23  certified nurse assistant may perform after training beyond

24  that required for initial certification and upon validation of

25  competence in that skill by a registered nurse. This

26  subsection does not restrict the ability of any person who is

27  otherwise trained and educated from performing such tasks.

28         Section 57.  Section 464.202, Florida Statutes, is

29  amended to read:

30         464.202  Duties and powers of the board.--The board

31  shall maintain, or contract with or approve another entity to


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 1  maintain, a state registry of certified nursing assistants.

 2  The registry must consist of the name of each certified

 3  nursing assistant in this state; other identifying information

 4  defined by board rule; certification status; the effective

 5  date of certification; other information required by state or

 6  federal law; information regarding any crime or any abuse,

 7  neglect, or exploitation as provided under chapter 435; and

 8  any disciplinary action taken against the certified nursing

 9  assistant. The registry shall be accessible to the public, the

10  certificateholder, employers, and other state agencies. The

11  board shall adopt by rule testing procedures for use in

12  certifying nursing assistants and shall adopt rules regulating

13  the practice of certified nursing assistants which specify the

14  scope of practice authorized and level of supervision required

15  for the practice of certified nursing assistants to enforce

16  this part. The board may contract with or approve another

17  entity or organization to provide the examination services,

18  including the development and administration of examinations.

19  The board shall require that the contract provider offer

20  certified nursing assistant applications via the Internet, and

21  may require the contract provider to accept certified nursing

22  assistant applications for processing via the Internet.  The

23  board shall require the contract provider to provide the

24  preliminary results of the certified nursing examination on

25  the date the test is administered. The provider shall pay all

26  reasonable costs and expenses incurred by the board in

27  evaluating the provider's application and performance during

28  the delivery of services, including examination services and

29  procedures for maintaining the certified nursing assistant

30  registry.

31  


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 1         Section 58.  Subsections (1), (5), and (7) of section

 2  464.203, Florida Statutes, are amended, and subsections (8),

 3  (9), and (10) are added to that section, to read:

 4         464.203  Certified nursing assistants; certification

 5  requirement.--

 6         (1)  The board shall issue a certificate to practice as

 7  a certified nursing assistant to any person who demonstrates a

 8  minimum competency to read and write and successfully passes

 9  the required background Level I or Level II screening in

10  subsection (9) pursuant to s. 400.215 and who meets one of the

11  following requirements:

12         (a)  Has successfully completed an approved training

13  program and achieved a minimum score, established by rule of

14  the board, on the nursing assistant competency examination,

15  which consists of a written portion and skills-demonstration

16  portion approved by the board and administered at a site and

17  by personnel approved by the department.

18         (b)  Has achieved a minimum score, established by rule

19  of the board, on the nursing assistant competency examination,

20  which consists of a written portion and skills-demonstration

21  portion, approved by the board and administered at a site and

22  by personnel approved by the department and:

23         1.  Has a high school diploma, or its equivalent; or

24         2.  Is at least 18 years of age.

25         (c)  Is currently certified in another state; is listed

26  on that state's certified nursing assistant registry; and has

27  not been found to have committed abuse, neglect, or

28  exploitation in that state.

29         (d)  Has completed the curriculum developed under the

30  Enterprise Florida Jobs and Education Partnership Grant and

31  achieved a minimum score, established by rule of the board, on


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 1  the nursing assistant competency examination, which consists

 2  of a written portion and skills-demonstration portion,

 3  approved by the board and administered at a site and by

 4  personnel approved by the department.

 5         (5)  Certification as a nursing assistant, in

 6  accordance with this part, may be renewed continues in effect

 7  until such time as the nursing assistant allows a period of 24

 8  consecutive months to pass during which period the nursing

 9  assistant fails to perform any nursing-related services for

10  monetary compensation. When a nursing assistant fails to

11  perform any nursing-related services for monetary compensation

12  for a period of 24 consecutive months, the nursing assistant

13  must complete a new training and competency evaluation program

14  or a new competency evaluation program.

15         (7)  A certified nursing assistant shall complete 12 18

16  hours of inservice training during each calendar year. The

17  certified nursing assistant shall be responsible for

18  maintaining documentation demonstrating compliance with these

19  provisions. The Council on Certified Nursing Assistants, in

20  accordance with s. 464.2085(2)(b), shall propose rules to

21  implement this subsection.

22         (8)  The department shall renew a certificate upon

23  receipt of the renewal application and imposition of a fee of

24  $20 which may be increased to not more than $50 biennially.

25  The department shall adopt rules establishing a procedure for

26  the biennial renewal of certificates. Any certificate not

27  renewed by July 1, 2006, shall be void.

28         (9)  For purposes of this section, background screening

29  shall include:

30         (a)  A determination whether the person seeking the

31  certificate has committed any act that would constitute


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 1  grounds for disciplinary sanctions as provided in s.

 2  464.204(1); and

 3         (b)1.  For persons who have continuously resided in

 4  this state for the 5 years immediately preceding the date of

 5  screening, level 1 screening as set forth in chapter 435; or

 6         2.  For persons who have not continuously resided in

 7  this state for the 5 years immediately preceding the date of

 8  screening, level 2 screening as set forth in chapter 435.

 9         (10)  Beginning January 1, 2005, the Department of

10  Health and the Agency for Health Care Administration shall,

11  after certification of an applicant, post information relating

12  to background screening on the agency's background-screening

13  database, which shall be available only to employers and

14  prospective employers, who, as a condition of employment, are

15  required by law to conduct a background check for the

16  employment of certified nursing assistants.

17         Section 59.  Paragraph (b) of subsection (1) of section

18  464.204, Florida Statutes, is amended to read:

19         464.204  Denial, suspension, or revocation of

20  certification; disciplinary actions.--

21         (1)  The following acts constitute grounds for which

22  the board may impose disciplinary sanctions as specified in

23  subsection (2):

24         (b)  Intentionally Violating any provision of this

25  chapter, chapter 456, or the rules adopted by the board.

26         Section 60.  Subsection (2) of section 465.0075,

27  Florida Statutes, is amended to read:

28         465.0075  Licensure by endorsement; requirements;

29  fee.--

30         (2)  An applicant licensed in another state for a

31  period in excess of 2 years from the date of application for


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 1  licensure in this state shall submit a total of at least 30

 2  hours of board-approved continuing education for the 24 months

 3  2 calendar years immediately preceding application.

 4         Section 61.  Subsections (2) and (4) of section

 5  465.022, Florida Statutes, are amended to read:

 6         465.022  Pharmacies; general requirements; fees.--

 7         (2)  A pharmacy permit shall be issued only to a person

 8  who is at least 18 years of age and of good moral character,

 9  to a partnership whose partners are at least 18 years of age

10  and of good moral character, or to a corporation that which is

11  registered pursuant to chapter 607 or chapter 617 whose

12  officers, directors, and shareholders with an ownership

13  interest of 5 percent or more are at least 18 years of age and

14  of good moral character.

15         (4)(a)  An application for a pharmacy permit must

16  include a set of fingerprints from each person with an

17  ownership interest of 5 percent or more and from any person

18  who, directly or indirectly, manages, oversees, or controls

19  the operation of the applicant, including officers and

20  directors of a corporation.  For corporations with over $100

21  million of assets in Florida, the department may, as an

22  alternative, require a set of the fingerprints of up to five

23  corporate officers who are involved in the management and

24  operation of the pharmacy.  A requirement that fingerprints of

25  a corporate officer be submitted may be satisfied when those

26  fingerprints are on file with a state agency and available to

27  the department.  The application must be accompanied by

28  payment of the costs incurred by the department for the

29  criminal history checks.

30         (b)  The department shall submit the fingerprints

31  provided by the applicant to the Department of Law Enforcement


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 1  for a statewide criminal history check and the Department of

 2  Law Enforcement shall forward the fingerprints to the Federal

 3  Bureau of Investigation for a national criminal history check.

 4         (c)  After the application has been filed with the

 5  board and the permit fee provided in this section has been

 6  received, the board shall cause the application to be fully

 7  investigated, both as to the qualifications of the applicant

 8  and the prescription department manager or consultant

 9  pharmacist designated to be in charge and as to the premises

10  and location described in the application.

11         Section 62.  Section 465.023, Florida Statutes, is

12  amended to read:

13         465.023  Pharmacy permittee; disciplinary action.--

14         (1)  The department or the board may deny a pharmacy

15  permit application or revoke or suspend the permit of any

16  pharmacy permittee, and may fine, place on probation, or

17  otherwise discipline any pharmacy permittee when the applicant

18  for a pharmacy permit, pharmacy permittee, or any officer,

19  director, or agent of an applicant or permittee who has:

20         (a)  Obtained a permit by misrepresentation or fraud or

21  through an error of the department or the board;

22         (b)  Attempted to procure, or has procured, a permit

23  for any other person by making, or causing to be made, any

24  false representation;

25         (c)  Violated any of the requirements of this chapter

26  or any of the rules of the Board of Pharmacy; of chapter 499,

27  known as the "Florida Drug and Cosmetic Act"; of 21 U.S.C. ss.

28  301-392, known as the "Federal Food, Drug, and Cosmetic Act";

29  of 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug

30  Abuse Prevention and Control Act; or of chapter 893; or

31  


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 1         (d)  Been convicted or found guilty, regardless of

 2  adjudication, of a felony or any other crime involving moral

 3  turpitude in any of the courts of this state, of any other

 4  state, or of the United States;.

 5         (e)  Been convicted or disciplined by a regulatory

 6  agency of the Federal Government or a regulatory agency of

 7  another state for any offense that would constitute a

 8  violation of this chapter; or

 9         (f)  Been convicted of, found guilty of, or entered a

10  plea of guilty or nolo contendere to, regardless of

11  adjudication, a crime in any jurisdiction which relates to the

12  practice of, or the ability to practice, the profession of

13  pharmacy.

14         (2)  If a pharmacy permit is revoked or suspended, the

15  owner, manager, or proprietor shall cease to operate the

16  establishment as a pharmacy as of the effective date of the

17  such suspension or revocation.  In the event of a such

18  revocation or suspension, the owner, manager, or proprietor

19  shall remove from the premises all signs and symbols

20  identifying the premises as a pharmacy.  The period of the

21  such suspension shall be prescribed by the Board of Pharmacy,

22  but in no case shall it exceed 1 year.  In the event that the

23  permit is revoked, the person owning or operating the

24  establishment shall not be entitled to make application for a

25  permit to operate a pharmacy for a period of 1 year from the

26  date of the such revocation.  Upon the effective date of the

27  such revocation, the permittee shall advise the Board of

28  Pharmacy of the disposition of the medicinal drugs located on

29  the premises.  The Such disposition shall be subject to

30  continuing supervision and approval by the Board of Pharmacy.

31  


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 1         Section 63.  Subsections (2) and (5) of section

 2  465.025, Florida Statutes, are amended to read:

 3         465.025  Substitution of drugs.--

 4         (2)  A pharmacist who receives a prescription for a

 5  brand name drug shall, unless requested otherwise by the

 6  purchaser, substitute a less expensive, generically equivalent

 7  drug product that is:

 8         (a)  distributed by a business entity doing business,

 9  and subject to suit and service of legal process, in the

10  United States; and

11         (b)  Listed in the formulary of generic and brand name

12  drug products as provided in subsection (5) for the brand name

13  drug prescribed,

14  

15  unless the prescriber writes the words "MEDICALLY NECESSARY,"

16  in her or his own handwriting, on the face of a written

17  prescription; or unless, in the case of an electronically

18  transmitted prescription, the prescriber indicates in the

19  transmitted prescription that the brand name drug is medically

20  necessary; or unless, in the case of an oral prescription, the

21  prescriber expressly indicates to the pharmacist that the

22  brand name drug prescribed is medically necessary.

23         (5)  Each community pharmacy shall establish a

24  formulary of generic and brand name drug products which, if

25  selected as the drug product of choice, would not pose a

26  threat to the health and safety of patients receiving

27  prescription medication.  In compiling the list of generic and

28  brand name drug products for inclusion in the formulary, the

29  pharmacist shall rely on drug product research, testing,

30  information, and formularies compiled by other pharmacies, by

31  states, by the United States Department of Health, Education,


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 1  and Welfare, by the United States Department of Health and

 2  Human Services, or by any other source which the pharmacist

 3  deems reliable.  Each community pharmacy shall make such

 4  formulary available to the public, the Board of Pharmacy, or

 5  any physician requesting same.  This formulary shall be

 6  revised following each addition, deletion, or modification of

 7  said formulary.

 8         Section 64.  Section 465.0251, Florida Statutes, is

 9  amended to read:

10         465.0251  Generic drugs; removal from formulary under

11  specified circumstances.--

12         (1)  The Board of Pharmacy and the Board of Medicine

13  shall remove any generic named drug product from the formulary

14  established by s. 465.025(5) s. 465.025(6), if every

15  commercially marketed equivalent of that drug product is "A"

16  rated as therapeutically equivalent to a reference listed drug

17  or is a reference listed drug as referred to in "Approved Drug

18  Products with Therapeutic Equivalence Evaluations" (Orange

19  Book) published by the United States Food and Drug

20  Administration.

21         (2)  Nothing in This act does not shall alter or amend

22  s. 465.025 as to existing law providing for the authority of

23  physicians to prohibit generic drug substitution by writing

24  "medically necessary" on the prescription.

25         Section 65.  Section 465.026, Florida Statutes, is

26  amended to read:

27         465.026  Filling of certain prescriptions.--Nothing

28  contained in This chapter does not shall be construed to

29  prohibit a pharmacist licensed in this state from filling or

30  refilling a valid prescription which is on file in a pharmacy

31  located in this state or in another state and has been


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 1  transferred from one pharmacy to another by any means,

 2  including any electronic means, under the following

 3  conditions:

 4         (1)  Before Prior to dispensing any transferred

 5  prescription, the dispensing pharmacist must, either verbally

 6  or by any electronic means, do all of the following:

 7         (a)  Advise the patient that the prescription on file

 8  at the other pharmacy must be canceled before it may be filled

 9  or refilled.

10         (b)  Determine that the prescription is valid and on

11  file at the other pharmacy and that the prescription may be

12  filled or refilled, as requested, in accordance with the

13  prescriber's intent expressed on the prescription.

14         (c)  Notify the pharmacist or pharmacy where the

15  prescription is on file that the prescription must be

16  canceled.

17         (d)  Record in writing, or by any electronic means, the

18  prescription order, the name of the pharmacy at which the

19  prescription was on file, the prescription number, the name of

20  the drug and the original amount dispensed, the date of

21  original dispensing, and the number of remaining authorized

22  refills.

23         (e)  Obtain the consent of the prescriber to the

24  refilling of the prescription when the prescription, in the

25  dispensing pharmacist's professional judgment, so requires.

26  Any interference with the professional judgment of the

27  dispensing pharmacist by any pharmacist or pharmacy permittee,

28  or its agents or employees, shall be grounds for discipline.

29         (2)  Upon receipt of a prescription transfer request,

30  if the pharmacist is satisfied in her or his professional

31  judgment that the request is valid, or if the request has been


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 1  validated by any electronic means, the pharmacist or pharmacy

 2  must do all of the following:

 3         (a)  Transfer the information required by paragraph

 4  (1)(d) accurately and completely.

 5         (b)  Record on the prescription, or by any electronic

 6  means, the requesting pharmacy and pharmacist and the date of

 7  request.

 8         (c)  Cancel the prescription on file by electronic

 9  means or by recording the word "void" on the prescription

10  record. No further prescription information shall be given or

11  medication dispensed under pursuant to the original

12  prescription.

13         (3)  If a transferred prescription is not dispensed

14  within a reasonable time, the pharmacist shall, by any means,

15  so notify the transferring pharmacy. The Such notice shall

16  serve to revalidate the canceled prescription. The pharmacist

17  who has served such notice shall then cancel the prescription

18  in the same manner as set forth in paragraph (2)(c).

19         (4)  In the case of a prescription to be transferred

20  from or to a pharmacy located in another state, it shall be

21  the responsibility of the pharmacist or pharmacy located in

22  the State of Florida to verify, whether by electronic means or

23  otherwise, that the person or entity involved in the transfer

24  is a licensed pharmacist or pharmacy in the other state.

25         (5)  Electronic transfers of prescriptions are

26  permitted regardless of whether the transferor or transferee

27  pharmacy is open for business.

28         (6)  The transfer of a prescription for medicinal drugs

29  listed in Schedules III, IV, and V appearing in chapter 893

30  for the purpose of refill dispensing is permissible, subject

31  to the requirements of this section and federal law.


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 1  Compliance with federal law shall be deemed compliance with

 2  the requirements of this section.

 3         (7)  A community pharmacy licensed under this chapter

 4  which only receives and transfers prescriptions for dispensing

 5  by another pharmacy may transfer a prescription for a

 6  medicinal drug listed in Schedule II under chapter 893. The

 7  pharmacy receiving the prescription may ship, mail, or deliver

 8  in any manner the dispensed Schedule II medicinal drug into

 9  this state under the following conditions:

10         (a)  The pharmacy receiving and dispensing the

11  transferred prescription maintains at all times a valid,

12  unexpired license, permit, or registration to operate the

13  pharmacy in compliance with the laws of the state in which the

14  pharmacy is located and from which the medicinal drugs are

15  dispensed;

16         (b)  The community pharmacy and the receiving pharmacy

17  are owned and operated by the same person and share a

18  centralized database; and

19         (c)  The community pharmacy assures compliance with

20  federal law and subsections (1)-(5).

21         Section 66.  Present subsection (4) of section

22  465.0265, Florida Statutes, is redesignated as subsection (8),

23  and a new subsection (4) and subsections (5), (6), and (7) are

24  added to that section, to read:

25         465.0265  Centralized prescription filling.--

26         (4)  A pharmacy that performs centralized prescription

27  filling services may not mail or otherwise deliver a filled

28  prescription directly to a patient or individual practitioner

29  if the prescription was filled on behalf of another. The

30  filled prescription must be transported to the originating

31  pharmacy for dispensing.


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 1         (5)  A pharmacy that provides centralized prescription

 2  filling services may prepare prescriptions on behalf of other

 3  pharmacies only if it has a contractual agreement to provide

 4  these services or it shares a common owner. Each pharmacy that

 5  performs centralized prescription filling services shall keep

 6  a list of pharmacies for which it has agreed to provide these

 7  services and must verify the Drug Enforcement Administration

 8  registration of any pharmacy for which it is filling

 9  prescriptions before sending or receiving a prescription for a

10  controlled substance.

11         (6)  Each pharmacy shall keep a list of pharmacies that

12  fill prescriptions on its behalf and verify that those

13  pharmacies are registered with the Drug Enforcement

14  Administration.

15         (7)  A pharmacy that provides centralized prescription

16  filling services must comply with the same security

17  requirements applicable to pharmacies, including the general

18  requirement to maintain effective controls and procedures to

19  guard against theft and diversion of controlled substances.

20         Section 67.  Paragraph (a) of subsection (3) of section

21  466.007, Florida Statutes, is amended to read:

22         466.007  Examination of dental hygienists.--

23         (3)  A graduate of a dental college or school shall be

24  entitled to take the examinations required in this section to

25  practice dental hygiene in this state if, in addition to the

26  requirements specified in subsection (2), the graduate meets

27  the following requirements:

28         (a)  Submits the following credentials for review by

29  the board:

30         1.  Transcripts totaling of predental education and

31  dental education totaling 5 academic years of postsecondary


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 1  education, including 4 academic years of postsecondary dental

 2  education; and

 3         2.  A dental school diploma which is comparable to a

 4  D.D.S. or D.M.D.

 5  

 6  Such credentials shall be submitted in a manner provided by

 7  rule of the board.  The board shall approve those credentials

 8  which comply with this paragraph and with rules of the board

 9  adopted under pursuant to this paragraph.  The provisions of

10  this paragraph notwithstanding, an applicant of a foreign

11  dental college or school not accredited in accordance with s.

12  466.006(2)(b) who cannot produce the credentials required by

13  this paragraph, as a result of political or other conditions

14  in the country in which the applicant received his or her

15  education, may seek the board's approval of his or her

16  educational background by submitting, in lieu of the

17  credentials required in this paragraph, such other reasonable

18  and reliable evidence as may be set forth by board rule.  The

19  board shall not accept such other evidence until it has made a

20  reasonable attempt to obtain the credentials required by this

21  paragraph from the educational institutions the applicant is

22  alleged to have attended, unless the board is otherwise

23  satisfied that such credentials cannot be obtained.

24         Section 68.  Section 466.021, Florida Statutes, is

25  amended to read:

26         466.021  Employment of unlicensed persons by dentist;

27  penalty.--Every duly licensed dentist who uses the services of

28  any unlicensed person for the purpose of constructing,

29  altering, repairing, or duplicating any denture, partial

30  denture, bridge splint, or orthodontic or prosthetic appliance

31  shall be required to furnish such unlicensed person with a


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 1  written work order in such form as prescribed by rule of the

 2  board. This form shall be dated and signed by such dentist and

 3  shall include the patient's name or number with sufficient

 4  descriptive information to clearly identify the case for each

 5  separate and individual piece of work. A copy of such work

 6  order shall be retained in a permanent file in the dentist's

 7  office for a period of 4 2 years, and the original work order

 8  shall be retained in a permanent file for a period of 4 2

 9  years by such unlicensed person in her or his place of

10  business. Such permanent file of work orders to be kept by

11  such dentist or by such unlicensed person shall be open to

12  inspection at any reasonable time by the department or its

13  duly constituted agent. Failure of the dentist to keep such

14  permanent records of such work orders shall subject the

15  dentist to suspension or revocation of her or his license to

16  practice dentistry. Failure of such unlicensed person to have

17  in her or his possession a work order as required by this

18  section shall be admissible evidence of a violation of this

19  chapter and shall constitute a misdemeanor of the second

20  degree, punishable as provided in s. 775.082 or s. 775.083.

21  Nothing in this section shall preclude a registered dental

22  laboratory from working for another registered dental

23  laboratory, provided that such work is performed pursuant to

24  written authorization, in a form to be prescribed by rule of

25  the board, which evidences that the originating laboratory has

26  obtained a valid work order and which sets forth the work to

27  be performed. Furthermore, nothing in this section does not

28  shall preclude a registered laboratory from providing its

29  services to dentists licensed and practicing in another state,

30  provided that such work is requested or otherwise authorized

31  in written form which clearly identifies the name and address


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 1  of the requesting dentist and which sets forth the work to be

 2  performed.

 3         Section 69.  Subsection (8) of section 467.009, Florida

 4  Statutes, is amended to read:

 5         467.009  Midwifery programs; education and training

 6  requirements.--

 7         (8)  Nonpublic educational institutions that conduct

 8  approved midwifery programs shall be accredited by an

 9  accrediting agency recognized and approved by the Council for

10  Higher Education Accreditation, the United States Department

11  of Education, or a successor organization, a member of the

12  Commission on Recognition of Postsecondary Accreditation and

13  shall be licensed by the Commission for Independent State

14  Board of Nonpublic Career Education.

15         Section 70.  Section 467.013, Florida Statutes, is

16  amended to read:

17         467.013  Inactive status.--A licensee may request that

18  his or her license be placed in an inactive status by making

19  application to the department pursuant to department rule and

20  paying a fee.

21         (1)  An inactive license may be renewed for one

22  additional biennium upon application to the department and

23  payment of the applicable biennium renewal fee. The department

24  shall establish by rule procedures and fees for applying to

25  place a license on inactive status, renewing an inactive

26  license, and reactivating an inactive license. The fee for any

27  of these procedures may not exceed the biennial renewal fee

28  established by the department.

29         (2)  Any license that is not renewed by the end of the

30  biennium established by the department automatically reverts

31  to involuntary inactive status unless the licensee has applied


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 1  for voluntary inactive status. Such license may be reactivated

 2  only if the licensee meets the requirements for reactivating

 3  the license established by department rule.

 4         (3)  A midwife who desires to reactivate an inactive

 5  license shall apply to the department, complete the

 6  reactivation application, remit the applicable fees, and

 7  submit proof of compliance with the requirements for

 8  continuing education established by department rule.

 9         (4)  Each licensed midwife whose license has been

10  placed on inactive status for more than 1 year must complete

11  continuing education hours as a condition of reactivating the

12  inactive license.

13         (5)  The licensee shall submit to the department

14  evidence of participation in 10 hours of continuing education,

15  approved by the department and clinically related to the

16  practice of midwifery, for each year of the biennium in which

17  the license was inactive. This requirement is in addition to

18  submitting evidence of completing the continuing education

19  required for the most recent biennium in which the licensee

20  held an active license.

21         Section 71.  Section 467.0135, Florida Statutes, is

22  amended to read:

23         467.0135  Fees.--The department shall establish fees

24  for application, examination, initial licensure, renewal of

25  active status licensure, licensure by endorsement, inactive

26  status, delinquent status, and reactivation of an inactive

27  status license. The appropriate fee must be paid at the time

28  of application and is payable to the Department of Health, in

29  accordance with rules adopted by the department. A fee is

30  nonrefundable, unless otherwise provided by rule. A fee may

31  not exceed:


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 1         (1)  Five hundred dollars for examination.

 2         (1)(2)  Five hundred dollars for initial licensure.

 3         (2)(3)  Five hundred dollars for renewal of an active

 4  status license licensure.

 5         (3)(4)  Two hundred dollars for application, which fee

 6  is nonrefundable.

 7         (4)(5)  Five hundred dollars for renewal reactivation

 8  of an inactive status license.

 9         (5)(6)  Five hundred dollars for licensure by

10  endorsement.

11  

12  A fee for inactive status, reactivation of an inactive status

13  license, or delinquency may not exceed the fee established by

14  the department for biennial renewal of an active license. All

15  fees collected under this section shall be deposited in the

16  Medical Quality Assurance Trust Fund.

17         Section 72.  Subsection (1) of section 467.017, Florida

18  Statutes, is amended to read:

19         467.017  Emergency care plan; immunity.--

20         (1)  Every licensed midwife shall develop a written

21  plan for the appropriate delivery of emergency care.  A copy

22  of the plan shall accompany any application for license

23  issuance and must be made available upon request of the

24  department or renewal.  The plan shall address the following:

25         (a)  Consultation with other health care providers.

26         (b)  Emergency transfer.

27         (c)  Access to neonatal intensive care units and

28  obstetrical units or other patient care areas.

29         Section 73.  Paragraph (b) of subsection (2) and

30  paragraph (b) of subsection (3) of section 468.1155, Florida

31  Statutes, are amended to read:


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 1         468.1155  Provisional license; requirements.--

 2         (2)  The department shall issue a provisional license

 3  to practice speech-language pathology to each applicant who

 4  the board certifies has:

 5         (b)  Received a master's degree or is currently

 6  enrolled in a doctoral degree program with a major emphasis in

 7  speech-language pathology from an institution of higher

 8  learning which is, or at the time the applicant was enrolled

 9  and graduated was, accredited by an accrediting agency

10  recognized by the Council for Higher Education Accreditation,

11  the United States Department of Education, or a successor

12  organization, or from an institution which is a member in good

13  standing with the Association of Universities and Colleges of

14  Canada.  An applicant who graduated from or is currently

15  enrolled in a program at a university or college outside the

16  United States or Canada must present documentation of the

17  determination of equivalency to standards established by the

18  Council for Higher Education Accreditation in order to

19  qualify.  The applicant must have completed 60 semester hours

20  that include:

21         1.  Fundamental information applicable to the normal

22  development and use of speech, hearing, and language;

23  information about training in management of speech, hearing,

24  and language disorders; and information supplementary to these

25  fields.

26         2.  Six semester hours in audiology.

27         3.  Thirty of the required 60 semester hours in courses

28  acceptable toward a graduate degree by the college or

29  university in which these courses were taken, of which 24

30  semester hours must be in speech-language pathology.

31  


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 1         (3)  The department shall issue a provisional license

 2  to practice audiology to each applicant who the board

 3  certifies has:

 4         (b)  Received a master's degree or is currently

 5  enrolled in a doctoral degree program with a major emphasis in

 6  audiology from an institution of higher learning which is, or

 7  at the time the applicant was enrolled and graduated was,

 8  accredited by an accrediting agency recognized by the Council

 9  for Higher Education Accreditation, the United States

10  Department of Education, or a successor organization, or from

11  an institution which is a member in good standing with the

12  Association of Universities and Colleges of Canada. An

13  applicant who graduated from or is currently enrolled in a

14  program at a university or college outside the United States

15  or Canada must present documentation of the determination of

16  equivalency to standards established by the Council for Higher

17  Education Accreditation in order to qualify.  The applicant

18  must have completed 60 semester hours that include:

19         1.  Fundamental information applicable to the normal

20  development and use of speech, hearing, and language;

21  information about training in management of speech, hearing,

22  and language disorders; and information supplementary to these

23  fields.

24         2.  Six semester hours in speech-language pathology.

25         3.  Thirty of the required 60 semester hours in courses

26  acceptable toward a graduate degree by the college or

27  university in which these courses were taken, of which 24

28  semester hours must be in audiology.

29         Section 74.  Section 468.352, Florida Statutes, is

30  amended to read:

31         (Substantial rewording of section. See


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 1         s. 468.352, F.S., for present text.)

 2         468.352  Definitions.--As used in this part, the term:

 3         (1)  "Board" means the Board of Respiratory Care.

 4         (2)  "Certified respiratory therapist" means any person

 5  licensed pursuant to this part who is certified by the

 6  National Board for Respiratory Care or its successor; who is

 7  employed to deliver respiratory care services, under the order

 8  of a physician licensed under chapter 458 or chapter 459, in

 9  accordance with protocols established by a hospital or other

10  health care provider or the board; and who functions in

11  situations of unsupervised patient contact requiring

12  individual judgment.

13         (3)  "Critical care" means care given to a patient in

14  any setting involving a life-threatening emergency.

15         (4)  "Department" means the Department of Health.

16         (5)  "Direct supervision" means practicing under the

17  direction of a licensed, registered, or certified respiratory

18  therapist who is physically on the premises and readily

19  available, as defined by the board.

20         (6)  "Physician supervision" means supervision and

21  control by a physician licensed under chapter 458 or chapter

22  459 who assumes the legal liability for the services rendered

23  by the personnel employed in his or her office. Except in the

24  case of an emergency, physician supervision requires the easy

25  availability of the physician within the office or the

26  physical presence of the physician for consultation and

27  direction of the actions of the persons who deliver

28  respiratory care services.

29         (7)  "Practice of respiratory care" or "respiratory

30  therapy" means the allied health specialty associated with the

31  cardiopulmonary system that is practiced under the orders of a


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 1  physician licensed under chapter 458 or chapter 459 and in

 2  accordance with protocols, policies, and procedures

 3  established by a hospital or other health care provider or the

 4  board, including the assessment, diagnostic evaluation,

 5  treatment, management, control, rehabilitation, education, and

 6  care of patients in all care settings.

 7         (8)  "Registered respiratory therapist" means any

 8  person licensed under this part who is registered by the

 9  National Board for Respiratory Care or its successor, and who

10  is employed to deliver respiratory care services under the

11  order of a physician licensed under chapter 458 or chapter

12  459, in accordance with protocols established by a hospital or

13  other health care provider or the board, and who functions in

14  situations of unsupervised patient contact requiring

15  individual judgment.

16         (9)  "Respiratory care practitioner" means any person

17  licensed under this part who is employed to deliver

18  respiratory care services, under direct supervision, pursuant

19  to the order of a physician licensed under chapter 458 or

20  chapter 459.

21         (10)  "Respiratory care services" includes:

22         (a)  Evaluation and disease management.

23         (b)  Diagnostic and therapeutic use of respiratory

24  equipment, devices, or medical gas.

25         (c)  Administration of drugs, as duly ordered or

26  prescribed by a physician licensed under chapter 458 or

27  chapter 459 and in accordance with protocols, policies, and

28  procedures established by a hospital or other health care

29  provider or the board.

30         (d)  Initiation, management, and maintenance of

31  equipment to assist and support ventilation and respiration.


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 1         (e)  Diagnostic procedures, research, and therapeutic

 2  treatment and procedures, including measurement of ventilatory

 3  volumes, pressures, and flows; specimen collection and

 4  analysis of blood for gas transport and acid/base

 5  determinations; pulmonary-function testing; and other related

 6  physiological monitoring of cardiopulmonary systems.

 7         (f)  Cardiopulmonary rehabilitation.

 8         (g)  Cardiopulmonary resuscitation, advanced cardiac

 9  life support, neonatal resuscitation, and pediatric advanced

10  life support, or equivalent functions.

11         (h)  Insertion and maintenance of artificial airways

12  and intravascular catheters.

13         (i)  Education of patients, families, the public, or

14  other health care providers, including disease process and

15  management programs and smoking prevention and cessation

16  programs.

17         (j)  Initiation and management of hyperbaric oxygen.

18         Section 75.  Section 468.355, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 468.355, F.S., for present text.)

22         468.355  Licensure requirements.--To be eligible for

23  licensure by the board, an applicant must be an active

24  "Certified Respiratory Therapist" or an active "Registered

25  Respiratory Therapist" as designated by the National Board for

26  Respiratory Care, or its successor.

27         Section 76.  Section 468.368, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section. See

30         s. 468.368, F.S., for present text.)

31  


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 1         468.368  Exemptions.--This part may not be construed to

 2  prevent or restrict the practice, service, or activities of:

 3         (1)  Any person licensed in this state by any other law

 4  from engaging in the profession or occupation for which he or

 5  she is licensed.

 6         (2)  Any legally qualified person in the state or

 7  another state or territory who is employed by the United

 8  States Government or any agency thereof while such person is

 9  discharging his or her official duties.

10         (3)  A friend or family member who is providing

11  respiratory care services to an ill person and who does not

12  represent himself or herself to be a respiratory care

13  practitioner or respiratory therapist.

14         (4)  An individual providing respiratory care services

15  in an emergency who does not represent himself or herself as a

16  respiratory care practitioner or respiratory therapist.

17         (5)  Any individual employed to deliver, assemble, set

18  up, or test equipment for use in a home, upon the order of a

19  physician licensed under chapter 458 or chapter 459. This

20  subsection does not, however, authorize the practice of

21  respiratory care without a license.

22         (6)  Any individual certified or registered as a

23  pulmonary function technologist who is credentialed by the

24  National Board for Respiratory Care for performing

25  cardiopulmonary diagnostic studies.

26         (7)  Any student who is enrolled in an accredited

27  respiratory care program approved by the board, while

28  performing respiratory care as an integral part of a required

29  course.

30         (8)  The delivery of incidental respiratory care to

31  noninstitutionalized persons by surrogate family members who


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 1  do not represent themselves as registered or certified

 2  respiratory care therapists.

 3         (9)  Any individual credentialed by the Underseas

 4  Hyperbaric Society in hyperbaric medicine or its equivalent as

 5  determined by the board, while performing related duties. This

 6  subsection does not, however, authorize the practice of

 7  respiratory care without a license.

 8         Section 77.  Effective January 1, 2005, sections

 9  468.356 and 468.357, Florida Statutes, are repealed.

10         Section 78.  Subsection (2) of section 468.509, Florida

11  Statutes, is amended to read:

12         468.509  Dietitian/nutritionist; requirements for

13  licensure.--

14         (2)  The agency shall examine any applicant who the

15  board certifies has completed the application form and

16  remitted the application and examination fees specified in s.

17  468.508 and who:

18         (a)1.  Possesses a baccalaureate or postbaccalaureate

19  degree with a major course of study in human nutrition, food

20  and nutrition, dietetics, or food management, or an equivalent

21  major course of study, from a school or program accredited, at

22  the time of the applicant's graduation, by the appropriate

23  accrediting agency recognized by the Council for Higher

24  Education Commission on Recognition of Postsecondary

25  Accreditation, or and the United States Department of

26  Education, or a successor organization; and

27         2.  Has completed a preprofessional experience

28  component of not less than 900 hours or has education or

29  experience determined to be equivalent by the board; or

30         (b)1.  Has an academic degree, from a foreign country,

31  that has been validated by an accrediting agency approved by


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 1  the United States Department of Education as equivalent to the

 2  baccalaureate or postbaccalaureate degree conferred by a

 3  regionally accredited college or university in the United

 4  States;

 5         2.  Has completed a major course of study in human

 6  nutrition, food and nutrition, dietetics, or food management;

 7  and

 8         3.  Has completed a preprofessional experience

 9  component of not less than 900 hours or has education or

10  experience determined to be equivalent by the board.

11         Section 79.  Section 468.707, Florida Statutes, is

12  amended to read:

13         468.707  Licensure by examination; requirements.--

14         (1)  Any person desiring to be licensed as an athletic

15  trainer shall apply to the department on a form approved by

16  the department.

17         (1)(a)  The department shall license each applicant

18  who:

19         (a)1.  Has completed the application form and remitted

20  the required fees.

21         (b)2.  Is at least 21 years of age.

22         (c)3.  Has obtained a baccalaureate degree from a

23  college or university accredited by an accrediting agency

24  recognized and approved by the United States Department of

25  Education, or the Council for Higher Education Commission on

26  Recognition of Postsecondary Accreditation, or a successor

27  organization, or approved by the board.

28         (d)4.  Has completed coursework from a college or

29  university accredited by an accrediting agency recognized and

30  approved by the United States Department of Education, or the

31  Council for Higher Education Commission on Recognition of


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 1  Postsecondary Accreditation, or a successor organization, or

 2  approved by the board, in each of the following areas, as

 3  provided by rule: health, human anatomy,

 4  kinesiology/biomechanics, human physiology, physiology of

 5  exercise, basic athletic training, and advanced athletic

 6  training.

 7         (e)5.  Has current certification in standard first aid

 8  and cardiovascular pulmonary resuscitation from the American

 9  Red Cross or an equivalent certification as determined by the

10  board.

11         (f)6.  Has, within 2 of the preceding 5 years, attained

12  a minimum of 800 hours of athletic training experience under

13  the direct supervision of a licensed athletic trainer or an

14  athletic trainer certified by the National Athletic Trainers'

15  Association or a comparable national athletic standards

16  organization.

17         (g)7.  Has passed an examination administered or

18  approved by the board.

19         (2)(b)  The department shall also license each

20  applicant who:

21         (a)1.  Has completed the application form and remitted

22  the required fees no later than October 1, 1996.

23         (b)2.  Is at least 21 years of age.

24         (c)3.  Has current certification in standard first aid

25  and cardiovascular pulmonary resuscitation from the American

26  Red Cross or an equivalent certification as determined by the

27  board.

28         (d)1.4.a.  Has practiced athletic training for at least

29  3 of the 5 years preceding application; or

30  

31  


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 1         2.b.  Is currently certified by the National Athletic

 2  Trainers' Association or a comparable national athletic

 3  standards organization.

 4         (2)  Pursuant to the requirements of s. 456.034, each

 5  applicant shall complete a continuing education course on

 6  human immunodeficiency virus and acquired immune deficiency

 7  syndrome as part of initial licensure.

 8         Section 80.  Section 480.041, Florida Statutes, is

 9  amended to read:

10         480.041  Massage therapists; qualifications; licensure;

11  endorsement.--

12         (1)  Any person is qualified for licensure as a massage

13  therapist under this act who:

14         (a)  Has completed an application form and submitted

15  the appropriate fee to the department, is at least 18 years of

16  age, or has received a high school diploma or graduate

17  equivalency diploma, and demonstrates good moral character;

18         (b)  Has completed a course of study at a

19  board-approved massage school or has completed an

20  apprenticeship program that meets standards adopted by the

21  board; and

22         (c)  Has received a passing grade on a board-approved

23  national an examination certified administered by the

24  department.

25         (2)  Every person desiring to be examined for licensure

26  as a massage therapist shall apply to the department in

27  writing upon forms prepared and furnished by the department.

28  Such Applicants for licensure shall be subject to the

29  provisions of s. 480.046(1). Applicants may take an

30  examination administered by the department only upon meeting

31  the requirements of this section as determined by the board.


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 1         (3)  Upon an applicant's passing the examination and

 2  paying the initial licensure fee, the department shall issue

 3  to the applicant a license, valid until the next scheduled

 4  renewal date, to practice massage.

 5         (3)(4)  The board shall adopt rules:

 6         (a)  Establishing a minimum training program for

 7  apprentices.

 8         (b)  Providing for educational standards, examination,

 9  and certification for the practice of colonic irrigation, as

10  defined in s. 480.033(6), by massage therapists.

11         (c)  Specifying licensing procedures for practitioners

12  desiring to be licensed in this state who hold an active

13  license and have practiced in any other state, territory, or

14  jurisdiction of the United States or any foreign national

15  jurisdiction which has licensing standards substantially

16  similar to, equivalent to, or more stringent than the

17  standards of this state.

18         (4)  Notwithstanding s. 456.017(1)(c)2., the department

19  shall adopt rules for the administration of a state-developed

20  written examination for the practice of colonic irrigation,

21  and that examination must be administered until a national

22  examination is certified by the department.

23         Section 81.  Subsection (9) of section 486.021, Florida

24  Statutes, is amended to read:

25         486.021  Definitions.--In this chapter, unless the

26  context otherwise requires, the term:

27         (9)  "Direct supervision" means supervision by a

28  physical therapist who is licensed pursuant to this chapter.

29  Except in a case of emergency, direct supervision requires the

30  physical presence of the licensed physical therapist for

31  consultation and direction of the actions of a physical


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 1  therapist or physical therapist assistant who is practicing

 2  under a temporary permit and who is a candidate for licensure

 3  by examination.

 4         Section 82.  Section 486.031, Florida Statutes, is

 5  amended to read:

 6         486.031  Physical therapist; licensing

 7  requirements.--To be eligible for licensing as a physical

 8  therapist, an applicant must:

 9         (1)  Be at least 18 years old.;

10         (2)  Be of good moral character.; and

11         (3)(a)  Have been graduated from a school of physical

12  therapy which has been approved for the educational

13  preparation of physical therapists by an the appropriate

14  accrediting agency recognized by the Council for Higher

15  Education Commission on Recognition of Postsecondary

16  Accreditation or the United States Department of Education, or

17  a successor organization, at the time of her or his graduation

18  and have passed, to the satisfaction of the board, the

19  American Registry Examination prior to 1971 or a national

20  examination approved by the board to determine her or his

21  fitness for practice as a physical therapist as hereinafter

22  provided;

23         (b)  Have received a diploma from a program in physical

24  therapy in a foreign country and have educational credentials

25  deemed equivalent to those required for the educational

26  preparation of physical therapists in this country, as

27  recognized by the appropriate agency as identified by the

28  board, and have passed to the satisfaction of the board an

29  examination to determine her or his fitness for practice as a

30  physical therapist as hereinafter provided; or

31  


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 1         (c)  Be entitled to licensure without examination as

 2  provided in s. 486.081.

 3         Section 83.  Section 486.051, Florida Statutes, is

 4  amended to read:

 5         486.051  Physical therapist; examination of

 6  applicant.--The examinations of an applicant for licensing as

 7  a physical therapist shall be in accordance with rules adopted

 8  by the board, to test the applicant's qualifications and shall

 9  include the taking of tests a test by the applicant.  If an

10  applicant fails to pass the examination in three attempts, the

11  applicant shall not be eligible for reexamination unless she

12  or he completes additional educational or training

13  requirements prescribed by the board.  An applicant who has

14  completed the additional educational or training requirements

15  prescribed by the board may take the examination on two more

16  occasions.  If the applicant has failed to pass the

17  examination after five attempts, she or he is no longer

18  eligible to take the examination.

19         Section 84.  Section 486.081, Florida Statutes, is

20  amended to read:

21         486.081  Physical therapist; issuance of license by

22  endorsement without examination to a person licensed in

23  another jurisdiction passing examination of another authorized

24  examining board; fee.--

25         (1)  The board may cause a license to be issued through

26  the department by endorsement without examination to any

27  applicant who presents evidence satisfactory to the board,

28  under oath, of having passed the American Registry Examination

29  prior to 1971 or of licensure in another jurisdiction an

30  examination in physical therapy before a similar lawfully

31  authorized examining board of another state, the District of


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 1  Columbia, a territory, or a foreign country, if the standards

 2  for licensure in physical therapy in such other jurisdiction

 3  state, district, territory, or foreign country are determined

 4  by the board to be as high as those of this state, as

 5  established by rules adopted pursuant to this chapter. Any

 6  person who holds a license pursuant to this section may use

 7  the words "physical therapist" or "physiotherapist," or the

 8  letters "P.T.," in connection with her or his name or place of

 9  business to denote her or his licensure hereunder.

10         (2)  At the time of making application for licensure by

11  endorsement under without examination pursuant to the terms of

12  this section, the applicant shall pay to the department a fee

13  not to exceed $175 as fixed by the board, no part of which

14  will be returned.

15         (3)  If an applicant seeking reentry into the

16  profession has not been in active practice within the last 3

17  years, the applicant shall, before applying for licensure,

18  submit to the board documentation of competence to practice as

19  required by rule of the board.

20         Section 85.  Section 486.102, Florida Statutes, is

21  amended to read:

22         486.102  Physical therapist assistant; licensing

23  requirements.--To be eligible for licensing by the board as a

24  physical therapist assistant, an applicant must:

25         (1)  Be at least 18 years old.;

26         (2)  Be of good moral character.; and

27         (3)(a)  Have been graduated from a school giving a

28  course of not less than 2 years for physical therapist

29  assistants, which has been approved for the educational

30  preparation of physical therapist assistants by the

31  appropriate accrediting agency recognized by the Council for


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 1  Higher Education Commission on Recognition of Postsecondary

 2  Accreditation or the United States Department of Education, or

 3  a successor organization, or which is approved by the board,

 4  at the time of the applicant's her or his graduation. An

 5  applicant must and have passed to the satisfaction of the

 6  board an examination to determine the applicant's eligibility

 7  for licensure to her or his fitness for practice as a physical

 8  therapist assistant as hereinafter provided;

 9         (b)  Be a graduate of a physical therapy assistant

10  program Have been graduated from a school giving a course for

11  physical therapist assistants in a foreign country and have

12  educational credentials deemed equivalent to those required

13  for the educational preparation of physical therapist

14  assistants in this country, as recognized by the appropriate

15  agency as identified by the board, and passed to the

16  satisfaction of the board an examination to determine the

17  applicant's eligibility for licensure to her or his fitness

18  for practice as a physical therapist assistant as hereinafter

19  provided; or

20         (c)  Be entitled to licensure by endorsement without

21  examination as provided in s. 486.107.

22         Section 86.  Section 486.104, Florida Statutes, is

23  amended to read:

24         486.104  Physical therapist assistant; examination of

25  applicant.--The examination of an applicant for licensing as a

26  physical therapist assistant shall be in accordance with rules

27  adopted by the board, to test the applicant's qualifications

28  and shall include the taking of tests a test by the applicant.

29  If an applicant fails to pass the examination in three

30  attempts, the applicant shall not be eligible for

31  reexamination unless she or he completes additional


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 1  educational or training requirements prescribed by the board.

 2  An applicant who has completed the additional educational or

 3  training requirements prescribed by the board may take the

 4  examination on two more occasions.  If the applicant has

 5  failed to pass the examination after five attempts, she or he

 6  is no longer eligible to take the examination.

 7         Section 87.  Section 486.107, Florida Statutes, is

 8  amended to read:

 9         486.107  Physical therapist assistant; issuance of

10  license by endorsement without examination to person licensed

11  in another jurisdiction; fee.--

12         (1)  The board may cause a license to be issued through

13  the department by endorsement without examination to any

14  applicant who presents evidence to the board, under oath, of

15  licensure in another jurisdiction state, the District of

16  Columbia, or a territory, if the standards for registering as

17  a physical therapist assistant or licensing of a physical

18  therapist assistant, as the case may be, in such other

19  jurisdiction state are determined by the board to be as high

20  as those of this state, as established by rules adopted

21  pursuant to this chapter. Any person who holds a license

22  pursuant to this section may use the words "physical therapist

23  assistant," or the letters "P.T.A.," in connection with her or

24  his name to denote licensure hereunder.

25         (2)  At the time of making application for licensing by

26  endorsement without examination pursuant to the terms of this

27  section, the applicant shall pay to the department a fee not

28  to exceed $175 as fixed by the board, no part of which will be

29  returned.

30         (3)  An applicant seeking reentry into the profession

31  who has not been in active practice within the last 3 years


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 1  shall, prior to applying for licensure, submit to the board

 2  documentation of competence to practice as required by rule of

 3  the board.

 4         Section 88.  Subsection (2) of section 486.109, Florida

 5  Statutes, is amended to read:

 6         486.109  Continuing education.--

 7         (2)  The board shall accept approve only those courses

 8  sponsored by a college or university which provides a

 9  curriculum for professional education of training physical

10  therapists or physical therapist assistants which is

11  accredited by, or has status with an accrediting agency

12  approved by, the United States Department of Education as

13  determined by board rule, or courses sponsored or approved by

14  the Florida Physical Therapy Association or the American

15  Physical Therapy Association.

16         Section 89.  Subsection (2) of section 486.161, Florida

17  Statutes, is amended to read:

18         486.161  Exemptions.--

19         (2)  No provision of this chapter shall be construed to

20  prohibit:

21         (a)  Any student who is enrolled in a school or course

22  of physical therapy approved by the board from performing such

23  acts of physical therapy as are incidental to her or his

24  course of study.; or

25         (b)  Any physical therapist from another state from

26  performing physical therapy incidental to a course of study

27  when taking or giving a postgraduate course or other course of

28  study in this state, provided such physical therapist is

29  licensed in another jurisdiction or holds an appointment on

30  the faculty of a school approved for training physical

31  therapists or physical therapist assistants.


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 1         (c)  Any physical therapist who is licensed in another

 2  jurisdiction of the United States or credentialed in another

 3  country from performing physical therapy if that person, by

 4  contract or employment, is providing physical therapy to

 5  individuals affiliated with or employed by an established

 6  athletic team, athletic organization, or performing arts

 7  company temporarily practicing, competing, or performing in

 8  this state for not more than 60 days in a calendar year.

 9         Section 90.  Section 486.172, Florida Statutes, is

10  amended to read:

11         486.172  Application of s. 456.021.--The provisions of

12  s. 456.021, relating to the qualification of immigrants for

13  examination to practice a licensed profession or occupation,

14  shall also be applicable to the provisions of this chapter.

15         Section 91.  Paragraph (b) of subsection (2) of section

16  490.005, Florida Statutes, is amended to read:

17         490.005  Licensure by examination.--

18         (2)  Any person desiring to be licensed as a school

19  psychologist shall apply to the department to take the

20  licensure examination.  The department shall license each

21  applicant who the department certifies has:

22         (b)  Submitted satisfactory proof to the department

23  that the applicant:

24         1.  Has received a doctorate, specialist, or equivalent

25  degree from a program primarily psychological in nature and

26  has completed 60 semester hours or 90 quarter hours of

27  graduate study, in areas related to school psychology as

28  defined by rule of the department, from a college or

29  university which at the time the applicant was enrolled and

30  graduated was accredited by an accrediting agency recognized

31  and approved by the Council for Higher Education


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 1  Accreditation, the United States Department of Education, or a

 2  successor organization, Commission on Recognition of

 3  Postsecondary Accreditation or from an institution that which

 4  is publicly recognized as a member in good standing with the

 5  Association of Universities and Colleges of Canada.

 6         2.  Has had a minimum of 3 years of experience in

 7  school psychology, 2 years of which must be supervised by an

 8  individual who is a licensed school psychologist or who has

 9  otherwise qualified as a school psychologist supervisor, by

10  education and experience, as set forth by rule of the

11  department.  A doctoral internship may be applied toward the

12  supervision requirement.

13         3.  Has passed an examination provided by the

14  department.

15         Section 92.  Paragraph (a) of subsection (2) of section

16  490.014, Florida Statutes, is amended to read:

17         490.014  Exemptions.--

18         (2)  No person shall be required to be licensed or

19  provisionally licensed under this chapter who:

20         (a)  Is a salaried employee of a government agency or

21  of a private provider contracting with the governmental agency

22  for the performance of the same essential services previously

23  provided by the governmental agency; developmental services

24  program, mental health, alcohol, or drug abuse facility

25  operating pursuant to chapter 393, chapter 394, or chapter

26  397; subsidized child care program, subsidized child care case

27  management program, or child care resource and referral

28  program operating pursuant to chapter 402; child-placing or

29  child-caring agency licensed pursuant to chapter 409; domestic

30  violence center certified pursuant to chapter 39; accredited

31  academic institution; or research institution, if such


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 1  employee is performing duties for which he or she was trained

 2  and hired solely within the confines of such agency, facility,

 3  or institution, so long as the employee is not held out to the

 4  public as a psychologist pursuant to s. 490.012(1)(a).

 5         Section 93.  Subsections (1), (3), and (4) of section

 6  491.005, Florida Statutes, are amended to read:

 7         491.005  Licensure by examination.--

 8         (1)  CLINICAL SOCIAL WORK.--Upon verification of

 9  documentation and payment of a fee not to exceed $200, as set

10  by board rule, plus the actual per applicant cost to the

11  department for purchase of the examination from the American

12  Association of State Social Worker's Boards or a similar

13  national organization, the department shall issue a license as

14  a clinical social worker to an applicant who the board

15  certifies:

16         (a)  Has made application therefor and paid the

17  appropriate fee.

18         (b)1.  Has received a doctoral degree in social work

19  from a graduate school of social work which at the time the

20  applicant graduated was accredited by an accrediting agency

21  recognized by the United States Department of Education or has

22  received a master's degree in social work from a graduate

23  school of social work which at the time the applicant

24  graduated:

25         a.  Was accredited by the Council on Social Work

26  Education;

27         b.  Was accredited by the Canadian Association of

28  Schools of Social Work; or

29         c.  Has been determined to have been a program

30  equivalent to programs approved by the Council on Social Work

31  Education by the Foreign Equivalency Determination Service of


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 1  the Council on Social Work Education.  An applicant who

 2  graduated from a program at a university or college outside of

 3  the United States or Canada must present documentation of the

 4  equivalency determination from the council in order to

 5  qualify.

 6         2.  The applicant's graduate program must have

 7  emphasized direct clinical patient or client health care

 8  services, including, but not limited to, coursework in

 9  clinical social work, psychiatric social work, medical social

10  work, social casework, psychotherapy, or group therapy.  The

11  applicant's graduate program must have included all of the

12  following coursework:

13         a.  A supervised field placement which was part of the

14  applicant's advanced concentration in direct practice, during

15  which the applicant provided clinical services directly to

16  clients.

17         b.  Completion of 24 semester hours or 32 quarter hours

18  in theory of human behavior and practice methods as courses in

19  clinically oriented services, including a minimum of one

20  course in psychopathology, and no more than one course in

21  research, taken in a school of social work accredited or

22  approved pursuant to subparagraph 1.

23         3.  If the course title which appears on the

24  applicant's transcript does not clearly identify the content

25  of the coursework, the applicant shall be required to provide

26  additional documentation, including, but not limited to, a

27  syllabus or catalog description published for the course.

28         (c)  Has had not less than 2 years of clinical social

29  work experience, which took place subsequent to completion of

30  a graduate degree in social work at an institution meeting the

31  accreditation requirements of this section, under the


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 1  supervision of a licensed clinical social worker or the

 2  equivalent who is a qualified supervisor as determined by the

 3  board. An individual who intends to practice in Florida to

 4  satisfy clinical experience requirements must register

 5  pursuant to s. 491.0045 prior to commencing practice.  If the

 6  applicant's graduate program was not a program which

 7  emphasized direct clinical patient or client health care

 8  services as described in subparagraph (b)2., the supervised

 9  experience requirement must take place after the applicant has

10  completed a minimum of 15 semester hours or 22 quarter hours

11  of the coursework required.  A doctoral internship may be

12  applied toward the clinical social work experience

13  requirement. The clinical experience requirement may be met by

14  work performed on or off the premises of the supervising

15  clinical social worker, or the equivalent, if all work is

16  performed under the direct supervision of provided the

17  off-premises work is not the independent private practice

18  rendering of clinical social work that does not have a

19  licensed mental health professional, as determined by the

20  board, on the premises at the same time the intern is

21  providing services.

22         (d)  Has passed a theory and practice examination

23  approved provided by the board department for this purpose,

24  which may be taken only following completion of the

25  requirement for clinical experience.

26         (e)  Has demonstrated, in a manner designated by rule

27  of the board, knowledge of the laws and rules governing the

28  practice of clinical social work, marriage and family therapy,

29  and mental health counseling.

30         (f)  Has satisfied all requirements for coursework in

31  this section by successfully completing the required course as


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 1  a student or by teaching the required graduate course as an

 2  instructor or professor in an accredited institution.

 3         (3)  MARRIAGE AND FAMILY THERAPY.--Upon verification of

 4  documentation and payment of a fee not to exceed $200, as set

 5  by board rule, plus the actual cost to the department for the

 6  purchase of the examination from the Association of Marital

 7  and Family Therapy Regulatory Board, or similar national

 8  organization, the department shall issue a license as a

 9  marriage and family therapist to an applicant who the board

10  certifies:

11         (a)  Has made application therefor and paid the

12  appropriate fee.

13         (b)1.  Has a minimum of a master's degree with major

14  emphasis in marriage and family therapy, or a closely related

15  field, and has completed all of the following requirements:

16         a.  Thirty-six semester hours or 48 quarter hours of

17  graduate coursework, which must include a minimum of 3

18  semester hours or 4 quarter hours of graduate-level course

19  credits in each of the following nine areas: dynamics of

20  marriage and family systems; marriage therapy and counseling

21  theory and techniques; family therapy and counseling theory

22  and techniques; individual human development theories

23  throughout the life cycle; personality theory or general

24  counseling theory and techniques; psychopathology; human

25  sexuality theory and counseling techniques; psychosocial

26  theory; and substance abuse theory and counseling techniques.

27  Courses in research, evaluation, appraisal, assessment, or

28  testing theories and procedures; thesis or dissertation work;

29  or practicums, internships, or fieldwork may not be applied

30  toward this requirement.

31  


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 1         b.  A minimum of one graduate-level course of 3

 2  semester hours or 4 quarter hours in legal, ethical, and

 3  professional standards issues in the practice of marriage and

 4  family therapy or a course determined by the board to be

 5  equivalent.

 6         c.  A minimum of one graduate-level course of 3

 7  semester hours or 4 quarter hours in diagnosis, appraisal,

 8  assessment, and testing for individual or interpersonal

 9  disorder or dysfunction; and a minimum of one 3-semester-hour

10  or 4-quarter-hour graduate-level course in behavioral research

11  which focuses on the interpretation and application of

12  research data as it applies to clinical practice.  Credit for

13  thesis or dissertation work, practicums, internships, or

14  fieldwork may not be applied toward this requirement.

15         d.  A minimum of one supervised clinical practicum,

16  internship, or field experience in a marriage and family

17  counseling setting, during which the student provided 180

18  direct client contact hours of marriage and family therapy

19  services under the supervision of an individual who met the

20  requirements for supervision under paragraph (c). This

21  requirement may be met by a supervised practice experience

22  which took place outside the academic arena, but which is

23  certified as equivalent to a graduate-level practicum or

24  internship program which required a minimum of 180 direct

25  client contact hours of marriage and family therapy services

26  currently offered within an academic program of a college or

27  university accredited by an accrediting agency approved by the

28  United States Department of Education, or an institution which

29  is publicly recognized as a member in good standing with the

30  Association of Universities and Colleges of Canada or a

31  training institution accredited by the Commission on


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 1  Accreditation for Marriage and Family Therapy Education

 2  recognized by the United States Department of Education.

 3  Certification shall be required from an official of such

 4  college, university, or training institution.

 5         2.  If the course title which appears on the

 6  applicant's transcript does not clearly identify the content

 7  of the coursework, the applicant shall be required to provide

 8  additional documentation, including, but not limited to, a

 9  syllabus or catalog description published for the course.

10  

11  The required master's degree must have been received in an

12  institution of higher education which at the time the

13  applicant graduated was:  fully accredited by a regional

14  accrediting body recognized by the Council for Higher

15  Education Accreditation, the United States Department of

16  Education, or a successor organization Commission on

17  Recognition of Postsecondary Accreditation; publicly

18  recognized as a member in good standing with the Association

19  of Universities and Colleges of Canada; or an institution of

20  higher education located outside the United States and Canada,

21  which at the time the applicant was enrolled and at the time

22  the applicant graduated maintained a standard of training

23  substantially equivalent to the standards of training of those

24  institutions in the United States which are accredited by a

25  regional accrediting body recognized by the Council for Higher

26  Education Accreditation, the United States Department of

27  Education, or a successor organization Commission on

28  Recognition of Postsecondary Accreditation. The Such foreign

29  education and training must have been received in an

30  institution or program of higher education officially

31  recognized by the government of the country in which it is


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 1  located as an institution or program to train students to

 2  practice as professional marriage and family therapists or

 3  psychotherapists.  The burden of establishing that the

 4  requirements of this provision have been met shall be upon the

 5  applicant, and the board shall require documentation, such as,

 6  but not limited to, an evaluation by a foreign equivalency

 7  determination service, as evidence that the applicant's

 8  graduate degree program and education were equivalent to an

 9  accredited program in this country.  An applicant with a

10  master's degree from a program which did not emphasize

11  marriage and family therapy may complete the coursework

12  requirement in a training institution fully accredited by the

13  Commission on Accreditation for Marriage and Family Therapy

14  Education recognized by the United States Department of

15  Education.

16         (c)  Has had not less than 2 years of clinical

17  experience during which 50 percent of the applicant's clients

18  were receiving marriage and family therapy services, which

19  must be at the post-master's level under the supervision of a

20  licensed marriage and family therapist with at least 5 years

21  of experience, or the equivalent, who is a qualified

22  supervisor as determined by the board.  An individual who

23  intends to practice in Florida to satisfy the clinical

24  experience requirements must register pursuant to s. 491.0045

25  prior to commencing practice.  If a graduate has a master's

26  degree with a major emphasis in marriage and family therapy or

27  a closely related field that did not include all the

28  coursework required under sub-subparagraphs (b)1.a.-c., credit

29  for the post-master's level clinical experience shall not

30  commence until the applicant has completed a minimum of 10 of

31  the courses required under sub-subparagraphs (b)1.a.-c., as


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 1  determined by the board, and at least 6 semester hours or 9

 2  quarter hours of the course credits must have been completed

 3  in the area of marriage and family systems, theories, or

 4  techniques. Within the 3 years of required experience, the

 5  applicant shall provide direct individual, group, or family

 6  therapy and counseling, to include the following categories of

 7  cases:  unmarried dyads, married couples, separating and

 8  divorcing couples, and family groups including children.  A

 9  doctoral internship may be applied toward the clinical

10  experience requirement.  The clinical experience requirement

11  may be met by work performed on or off the premises of the

12  supervising marriage and family therapist, or the equivalent,

13  if all work is performed under the direct supervision of

14  provided the off-premises work is not the independent private

15  practice rendering of marriage and family therapy services

16  that does not have a licensed mental health professional, as

17  determined by the board, on the premises at the same time the

18  intern is providing services.

19         (d)  Has passed a theory and practice examination

20  approved provided by the board department for this purpose,

21  which may be taken only following completion of the

22  requirement for clinical experience.

23         (e)  Has demonstrated, in a manner designated by rule

24  of the board, knowledge of the laws and rules governing the

25  practice of clinical social work, marriage and family therapy,

26  and mental health counseling.

27         (f)  For the purposes of dual licensure, the department

28  shall license as a marriage and family therapist any person

29  who meets the requirements of s. 491.0057. Fees for dual

30  licensure shall not exceed those stated in this subsection.

31  


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 1         (g)  Has satisfied all requirements for coursework in

 2  this section by successfully completing the required course as

 3  a student or by teaching the required graduate course as an

 4  instructor or professor in an accredited institution.

 5         (4)  MENTAL HEALTH COUNSELING.--Upon verification of

 6  documentation and payment of a fee not to exceed $200, as set

 7  by board rule, plus the actual per applicant cost to the

 8  department for purchase of the examination from the

 9  Professional Examination Service for the National Academy of

10  Certified Clinical Mental Health Counselors or a similar

11  national organization, the department shall issue a license as

12  a mental health counselor to an applicant who the board

13  certifies:

14         (a)  Has made application therefor and paid the

15  appropriate fee.

16         (b)1.  Has a minimum of an earned master's degree from

17  a mental health counseling program accredited by the Council

18  for the Accreditation of Counseling and Related Educational

19  Programs that consists of at least 60 semester hours or 80

20  quarter hours of clinical and didactic instruction, including

21  a course in human sexuality and a course in substance abuse.

22  If the master's degree is earned from a program related to the

23  practice of mental health counseling that is not accredited by

24  the Council for the Accreditation of Counseling and Related

25  Educational Programs, then the coursework and practicum,

26  internship, or fieldwork must consist of at least 60 semester

27  hours or 80 quarter hours and meet the following requirements:

28         a.  Thirty-three semester hours or 44 quarter hours of

29  graduate coursework, which must include a minimum of 3

30  semester hours or 4 quarter hours of graduate-level coursework

31  in each of the following 11 content areas: counseling theories


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 1  and practice; human growth and development; diagnosis and

 2  treatment of psychopathology; human sexuality; group theories

 3  and practice; individual evaluation and assessment; career and

 4  lifestyle assessment; research and program evaluation; social

 5  and cultural foundations; counseling in community settings;

 6  and substance abuse. Courses in research, thesis or

 7  dissertation work, practicums, internships, or fieldwork may

 8  not be applied toward this requirement.

 9         b.  A minimum of 3 semester hours or 4 quarter hours of

10  graduate-level coursework in legal, ethical, and professional

11  standards issues in the practice of mental health counseling,

12  which includes goals, objectives, and practices of

13  professional counseling organizations, codes of ethics, legal

14  considerations, standards of preparation, certifications and

15  licensing, and the role identity and professional obligations

16  of mental health counselors. Courses in research, thesis or

17  dissertation work, practicums, internships, or fieldwork may

18  not be applied toward this requirement.

19         c.  The equivalent, as determined by the board, of at

20  least 1,000 hours of university-sponsored supervised clinical

21  practicum, internship, or field experience as required in the

22  accrediting standards of the Council for Accreditation of

23  Counseling and Related Educational Programs for mental health

24  counseling programs. This experience may not be used to

25  satisfy the post-master's clinical experience requirement.

26         2.  If the course title which appears on the

27  applicant's transcript does not clearly identify the content

28  of the coursework, the applicant shall be required to provide

29  additional documentation, including, but not limited to, a

30  syllabus or catalog description published for the course.

31  


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 1  Education and training in mental health counseling must have

 2  been received in an institution of higher education which at

 3  the time the applicant graduated was: fully accredited by a

 4  regional accrediting body recognized by the Council for Higher

 5  Education Accreditation, the United States Department of

 6  Education, or a successor organization Commission on

 7  Recognition of Postsecondary Accreditation; publicly

 8  recognized as a member in good standing with the Association

 9  of Universities and Colleges of Canada; or an institution of

10  higher education located outside the United States and Canada,

11  which at the time the applicant was enrolled and at the time

12  the applicant graduated maintained a standard of training

13  substantially equivalent to the standards of training of those

14  institutions in the United States which are accredited by a

15  regional accrediting body recognized by the Council for Higher

16  Education Accreditation, the United States Department of

17  Education, or a successor organization Commission on

18  Recognition of Postsecondary Accreditation. Such foreign

19  education and training must have been received in an

20  institution or program of higher education officially

21  recognized by the government of the country in which it is

22  located as an institution or program to train students to

23  practice as mental health counselors. The burden of

24  establishing that the requirements of this provision have been

25  met shall be upon the applicant, and the board shall require

26  documentation, such as, but not limited to, an evaluation by a

27  foreign equivalency determination service, as evidence that

28  the applicant's graduate degree program and education were

29  equivalent to an accredited program in this country.

30         (c)  Has had not less than 2 years of clinical

31  experience in mental health counseling, which must be at the


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 1  post-master's level under the supervision of a licensed mental

 2  health counselor or the equivalent who is a qualified

 3  supervisor as determined by the board. An individual who

 4  intends to practice in Florida to satisfy the clinical

 5  experience requirements must register pursuant to s. 491.0045

 6  prior to commencing practice. If a graduate has a master's

 7  degree with a major related to the practice of mental health

 8  counseling that did not include all the coursework required

 9  under sub-subparagraphs (b)1.a.-b., credit for the

10  post-master's level clinical experience shall not commence

11  until the applicant has completed a minimum of seven of the

12  courses required under sub-subparagraphs (b)1.a.-b., as

13  determined by the board, one of which must be a course in

14  psychopathology or abnormal psychology. A doctoral internship

15  may be applied toward the clinical experience requirement. The

16  clinical experience requirement may be met by work performed

17  on or off the premises of the supervising mental health

18  counselor, or the equivalent, if all work is performed under

19  the direct supervision of provided the off-premises work is

20  not the independent private practice rendering of services

21  that does not have a licensed mental health professional, as

22  determined by the board, on the premises at the same time the

23  intern is providing services.

24         (d)  Has passed a theory and practice examination

25  approved provided by the board department for this purpose,

26  which may be taken only following completion of the

27  requirement for clinical experience.

28         (e)  Has demonstrated, in a manner designated by rule

29  of the board, knowledge of the laws and rules governing the

30  practice of clinical social work, marriage and family therapy,

31  and mental health counseling.


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 1         (f)  Has satisfied all requirements for coursework in

 2  this section by successfully completing the required course as

 3  a student or by teaching the required graduate course as an

 4  instructor or professor in an accredited institution.

 5         Section 94.  Paragraph (b) of subsection (1) of section

 6  491.006, Florida Statutes, is amended to read:

 7         491.006  Licensure or certification by endorsement.--

 8         (1)  The department shall license or grant a

 9  certificate to a person in a profession regulated by this

10  chapter who, upon applying to the department and remitting the

11  appropriate fee, demonstrates to the board that he or she:

12         (b)1.  Holds an active valid license to practice and

13  has actively practiced the profession for which licensure is

14  applied in another state for 3 of the last 5 years immediately

15  preceding licensure.

16         2.  Meets the education requirements of this chapter

17  for the profession for which licensure is applied.

18         3.  Has passed a substantially equivalent licensing

19  examination in another state or has passed the licensure

20  examination in this state in the profession for which the

21  applicant seeks licensure.

22         4.  Holds a license in good standing, is not under

23  investigation for an act that would constitute a violation of

24  this chapter, and has not been found to have committed any act

25  that would constitute a violation of this chapter. The fees

26  paid by any applicant for certification as a master social

27  worker under this section are nonrefundable.

28  

29  An applicant for licensure by endorsement as a mental health

30  counselor who has completed the two years of post-master's

31  clinical experience prior to completing the required course in


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 1  psychopathology or abnormal psychology and who has been

 2  licensed in another state for 5 of the last 6 years without

 3  being subject to disciplinary action, may be licensed by the

 4  board upon successful completion of the required course in

 5  psychopathology or abnormal psychology.

 6         Section 95.  Subsection (2) of section 491.009, Florida

 7  Statutes, is amended to read:

 8         491.009  Discipline.--

 9         (2)  The department, in the case of a certified master

10  social worker, or, in the case of psychologists, the board,

11  may enter an order denying licensure or imposing any of the

12  penalties in s. 456.072(2) against any applicant for licensure

13  or licensee who is found guilty of violating any provision of

14  subsection (1) of this section or who is found guilty of

15  violating any provision of s. 456.072(1).

16         Section 96.  Paragraph (a) of subsection (4) of section

17  491.014, Florida Statutes, is amended to read:

18         491.014  Exemptions.--

19         (4)  No person shall be required to be licensed,

20  provisionally licensed, registered, or certified under this

21  chapter who:

22         (a)  Is a salaried employee of a government agency or

23  of a private provider contracting with a governmental agency

24  for the performance of the same essential services previously

25  provided by the governmental agency; developmental services

26  program, mental health, alcohol, or drug abuse facility

27  operating pursuant to chapter 393, chapter 394, or chapter

28  397; subsidized child care program, subsidized child care case

29  management program, or child care resource and referral

30  program operating pursuant to chapter 402; child-placing or

31  child-caring agency licensed pursuant to chapter 409; domestic


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 1  violence center certified pursuant to chapter 39; accredited

 2  academic institution; or research institution, if such

 3  employee is performing duties for which he or she was trained

 4  and hired solely within the confines of such agency, facility,

 5  or institution, so long as the employee is not held out to the

 6  public as a clinical social worker, mental health counselor,

 7  or marriage and family therapist.

 8         Section 97.  Section 491.0145, Florida Statutes, is

 9  amended to read:

10         491.0145  Certified master social worker.--The

11  department may not adopt any rules that would cause any person

12  who was not licensed as a certified master social worker in

13  accordance with this chapter on January 1, 1990, to become

14  licensed. The department may certify an applicant for a

15  designation as a certified master social worker upon the

16  following conditions:

17         (1)  The applicant completes an application to be

18  provided by the department and pays a nonrefundable fee not to

19  exceed $250 to be established by rule of the department. The

20  completed application must be received by the department at

21  least 60 days before the date of the examination in order for

22  the applicant to qualify to take the scheduled exam.

23         (2)  The applicant submits proof satisfactory to the

24  department that the applicant has received a doctoral degree

25  in social work, or a master's degree with a major emphasis or

26  specialty in clinical practice or administration, including,

27  but not limited to, agency administration and supervision,

28  program planning and evaluation, staff development, research,

29  community organization, community services, social planning,

30  and human service advocacy.  Doctoral degrees must have been

31  received from a graduate school of social work which at the


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 1  time the applicant was enrolled and graduated was accredited

 2  by an accrediting agency approved by the United States

 3  Department of Education.  Master's degrees must have been

 4  received from a graduate school of social work which at the

 5  time the applicant was enrolled and graduated was accredited

 6  by the Council on Social Work Education or the Canadian

 7  Association of Schools of Social Work or by one that meets

 8  comparable standards.

 9         (3)  The applicant has had at least 3 years'

10  experience, as defined by rule, including, but not limited to,

11  clinical services or administrative activities as defined in

12  subsection (2), 2 years of which must be at the post-master's

13  level under the supervision of a person who meets the

14  education and experience requirements for certification as a

15  certified master social worker, as defined by rule, or

16  licensure as a clinical social worker under this chapter.  A

17  doctoral internship may be applied toward the supervision

18  requirement.

19         (4)  Any person who holds a master's degree in social

20  work from institutions outside the United States may apply to

21  the department for certification if the academic training in

22  social work has been evaluated as equivalent to a degree from

23  a school accredited by the Council on Social Work Education.

24  Any such person shall submit a copy of the academic training

25  from the Foreign Equivalency Determination Service of the

26  Council on Social Work Education.

27         (5)  The applicant has passed an examination required

28  by the department for this purpose. The nonrefundable fee for

29  such examination may not exceed $250 as set by department

30  rule.

31  


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 1         (6)  Nothing in this chapter shall be construed to

 2  authorize a certified master social worker to provide clinical

 3  social work services.

 4         Section 98.  Section 491.0146, Florida Statutes, is

 5  created to read:

 6         491.0146  Saving clause.--All licenses to practice as a

 7  certified master social worker issued under this chapter and

 8  valid on October 1, 2002, shall remain in full force and

 9  effect.

10         Section 99.  Subsection (3) of section 491.0147,

11  Florida Statutes, is amended to read:

12         491.0147  Confidentiality and privileged

13  communications.--Any communication between any person licensed

14  or certified under this chapter and her or his patient or

15  client shall be confidential.  This secrecy may be waived

16  under the following conditions:

17         (3)(a)  When there is a clear and immediate probability

18  of physical harm to the patient or client, to other

19  individuals, or to society and the person licensed or

20  certified under this chapter communicates the information only

21  to the potential victim, appropriate family member, or law

22  enforcement or other appropriate authorities.

23         (b)  There shall be no civil or criminal liability

24  arising from the disclosure of otherwise confidential

25  communications by a person licensed or certified under this

26  chapter when the disclosure is made under paragraph (a).

27         Section 100.  Paragraph (b) of subsection (4) of

28  section 766.314, Florida Statutes, is amended to read:

29         766.314  Assessments; plan of operation.--

30  

31  


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 1         (4)  The following persons and entities shall pay into

 2  the association an initial assessment in accordance with the

 3  plan of operation:

 4         (b)1.  On or before October 15, 1988, all physicians

 5  licensed pursuant to chapter 458 or chapter 459 as of October

 6  1, 1988, other than participating physicians, shall be

 7  assessed an initial assessment of $250, which must be paid no

 8  later than December 1, 1988.

 9         2.  Any such physician who becomes licensed after

10  September 30, 1988, and before January 1, 1989, shall pay into

11  the association an initial assessment of $250 upon licensure.

12         3.  Any such physician who becomes licensed on or after

13  January 1, 1989, shall pay an initial assessment equal to the

14  most recent assessment made pursuant to this paragraph,

15  paragraph (5)(a), or paragraph (7)(b).

16         4.  However, if the physician is a physician specified

17  in this subparagraph, the assessment is not applicable:

18         a.  A resident physician, assistant resident physician,

19  or intern in an approved postgraduate training program, as

20  defined by the Board of Medicine or the Board of Osteopathic

21  Medicine by rule;

22         b.  A retired physician who has withdrawn from the

23  practice of medicine but who maintains an active license as

24  evidenced by an affidavit filed with the Department of Health.

25  Prior to reentering the practice of medicine in this state, a

26  retired physician as herein defined must notify the Board of

27  Medicine or the Board of Osteopathic Medicine and pay the

28  appropriate assessments pursuant to this section;

29         c.  A physician who holds a limited license pursuant to

30  s. 458.315 s. 458.317 and who is not being compensated for

31  medical services;


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 1         d.  A physician who is employed full time by the United

 2  States Department of Veterans Affairs and whose practice is

 3  confined to United States Department of Veterans Affairs

 4  hospitals; or

 5         e.  A physician who is a member of the Armed Forces of

 6  the United States and who meets the requirements of s.

 7  456.024.

 8         f.  A physician who is employed full time by the State

 9  of Florida and whose practice is confined to state-owned

10  correctional institutions, a county health department, or

11  state-owned mental health or developmental services

12  facilities, or who is employed full time by the Department of

13  Health.

14         Section 101.  Paragraph (a) of subsection (2) of

15  section 817.505, Florida Statutes, is amended to read:

16         817.505  Patient brokering prohibited; exceptions;

17  penalties.--

18         (2)  For the purposes of this section, the term:

19         (a)  "Health care provider or health care facility"

20  means any person or entity licensed, certified, or registered

21  with the Department of Health or the Agency for Health Care

22  Administration; any person or entity that has contracted with

23  the Agency for Health Care Administration to provide goods or

24  services to Medicaid recipients as provided under s. 409.907;

25  a county health department established under part I of chapter

26  154; any community service provider contracting with the

27  Department of Children and Family Services to furnish alcohol,

28  drug abuse, or mental health services under part IV of chapter

29  394; any substance abuse service provider licensed under

30  chapter 397; or any federally supported primary care program

31  such as a migrant or community health center authorized under


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 1  ss. 329 and 330 of the United States Public Health Services

 2  Act.

 3         Section 102.  Subsection (1) of section 817.567,

 4  Florida Statutes, is amended to read:

 5         817.567  Making false claims of academic degree or

 6  title.--

 7         (1)  No person in the state may claim, either orally or

 8  in writing, to possess an academic degree, as defined in s.

 9  1005.02, or the title associated with said degree, unless the

10  person has, in fact, been awarded said degree from an

11  institution that is:

12         (a)  Accredited by a regional or professional

13  accrediting agency recognized by the United States Department

14  of Education, or the Council for Higher Education Commission

15  on Recognition of Postsecondary Accreditation, or a successor

16  organization;

17         (b)  Provided, operated, and supported by a state

18  government or any of its political subdivisions or by the

19  Federal Government;

20         (c)  A school, institute, college, or university

21  chartered outside the United States, the academic degree from

22  which has been validated by an accrediting agency approved by

23  the United States Department of Education as equivalent to the

24  baccalaureate or postbaccalaureate degree conferred by a

25  regionally accredited college or university in the United

26  States;

27         (d)  Licensed by the State Board of Independent

28  Colleges and Universities pursuant to ss. 1005.01-1005.38 or

29  exempt from licensure pursuant to s. 246.085; or

30         (e)  A religious seminary, institute, college, or

31  university which offers only educational programs that prepare


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 1  students for a religious vocation, career, occupation,

 2  profession, or lifework, and the nomenclature of whose

 3  certificates, diplomas, or degrees clearly identifies the

 4  religious character of the educational program.

 5         Section 103.  Subsection (13) of section 1009.992,

 6  Florida Statutes, is amended to read:

 7         1009.992  Definitions.--As used in this act:

 8         (13)  "Institution" means any college or university

 9  which, by virtue of law or charter, is accredited by and holds

10  membership in the Council for Higher Education Commission on

11  Recognition of Postsecondary Accreditation or a successor

12  organization; which grants baccalaureate or associate degrees;

13  which is not a pervasively sectarian institution; and which

14  does not discriminate in the admission of students on the

15  basis of race, color, religion, sex, or creed.

16         Section 104.  Subsection (2) of section 468.711,

17  Florida Statutes, is amended to read:

18         468.711  Renewal of license; continuing education.--

19         (2)  The board may, by rule, prescribe continuing

20  education requirements, not to exceed 24 hours biennially.

21  The criteria for continuing education shall be approved by the

22  board and shall include 4 hours in standard first aid and

23  cardiovascular pulmonary resuscitation from the American Red

24  Cross or equivalent training as determined by the board.

25         Section 105.  Section 468.723, Florida Statutes, is

26  amended to read:

27         468.723  Exemptions.--Nothing in this part shall be

28  construed as preventing or restricting:

29         (1)  The professional practice of a licensee of the

30  department who is acting within the scope of such practice.

31  


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 1         (2)  A student athletic trainer acting under the direct

 2  supervision of a licensed athletic trainer.

 3         (3)  A person employed as a teacher apprentice trainer

 4  I, a teacher apprentice trainer II, or a teacher athletic

 5  trainer under s. 1012.46.

 6         (3)(4)  A person from administering standard first aid

 7  treatment to an athlete.

 8         (4)(5)  A person licensed under chapter 548, provided

 9  such person is acting within the scope of such license.

10         (5)(6)  A person providing personal training

11  instruction for exercise, aerobics, or weightlifting, if the

12  person does not represent himself or herself as able to

13  provide "athletic trainer" services and if any recognition or

14  treatment of injuries is limited to the provision of first

15  aid.

16         Section 106.  Section 1012.46, Florida Statutes, is

17  amended to read:

18         1012.46  Athletic trainers.--

19         (1)  School districts may establish and implement an

20  athletic injuries prevention and treatment program. Central to

21  this program should be the employment and availability of

22  persons trained in the prevention and treatment of physical

23  injuries which may occur during athletic activities. The

24  program should reflect opportunities for progressive

25  advancement and compensation in employment as provided in

26  subsection (2) and meet certain other minimum standards

27  developed by the Department of Education. The goal of the

28  Legislature is to have school districts employ and have

29  available a full-time teacher athletic trainer in each high

30  school in the state.

31  


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 1         (2)  To the extent practicable, a school district

 2  program should include the following employment classification

 3  and advancement scheme:

 4         (a)  First responder.--To qualify as a first responder,

 5  a person must possess a professional, temporary, part-time,

 6  adjunct, or substitute certificate pursuant to s. 1012.56, be

 7  certified in cardiopulmonary resuscitation, first aid, and

 8  have 15 semester hours in courses such as care and prevention

 9  of athletic injuries, anatomy, physiology, nutrition,

10  counseling, and other similar courses approved by the

11  Commissioner of Education. This person may only administer

12  first aid and similar care and may not hold himself or herself

13  out to the school district or public as an athletic trainer

14  pursuant to part XIII of chapter 468.

15         (b)  Teacher Athletic trainer.--To qualify as an a

16  teacher athletic trainer, a person must be licensed as

17  required by part XIII of chapter 468 and may be used by the

18  school district as possess a professional, temporary,

19  part-time, adjunct, or substitute teacher provided such person

20  holds a certificate pursuant to s. 1012.35, s. 1012.56 or s.

21  1012.57, and be licensed as required by part XIII of chapter

22  468.

23         Section 107.  Reactivation of license for clinical

24  research purposes.--

25         (1)  Any person who was licensed to practice medicine

26  in this state, who left the practice of medicine for purposes

27  of retirement, and who, at the time of retirement, was in good

28  standing with the Board of Medicine may apply to have his or

29  her license reinstated, without examination, solely for the

30  purpose of providing medical services to patients in a

31  clinical research setting. Such person must not have been out


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 1  of the practice of medicine for more than 15 years at the time

 2  he or she applies for reactivation under this section.

 3         (2)  The board shall, by rule, set the reactivation

 4  fee, not to exceed $300.

 5         (3)  This section shall apply only to persons who meet

 6  all of the following criteria:

 7         (a)  The person must be not less than 85 years of age

 8  on July 1, 2004.

 9         (b)  The person must be providing medical services as

10  part of a clinical study that has been reviewed and approved

11  by a federal, state, or local institutional review board.

12         (4)  This section expires June 30, 2005, unless

13  reviewed and saved from repeal through reenactment by the

14  Legislature.

15         Section 108.  Subsection (1) of section 466.0135,

16  Florida Statutes, is amended to read:

17         466.0135  Continuing education; dentists.--

18         (1)  In addition to the other requirements for renewal

19  set out in this chapter, each licensed dentist shall be

20  required to complete biennially not less than 30 hours of

21  continuing professional education in dental subjects. Programs

22  of continuing education shall be programs of learning that

23  contribute directly to the dental education of the dentist and

24  may include, but shall not be limited to, attendance at

25  lectures, study clubs, college postgraduate courses, or

26  scientific sessions of conventions; and research, graduate

27  study, teaching, or service as a clinician. Programs of

28  continuing education shall be acceptable when adhering to the

29  following general guidelines:

30  

31  


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 1         (a)  The aim of continuing education for dentists is to

 2  improve all phases of dental health care delivery to the

 3  public.

 4         (b)  Continuing education courses shall address one or

 5  more of the following areas of professional development,

 6  including, but not limited to:

 7         1.  Basic medical and scientific subjects, including,

 8  but not limited to, biology, physiology, pathology,

 9  biochemistry, and pharmacology;

10         2.  Clinical and technological subjects, including, but

11  not limited to, clinical techniques and procedures, materials,

12  and equipment; and

13         3.  Subjects pertinent to oral health and safety.

14         (c)  In addition to courses described under paragraph

15  (b), the board may authorize up to 2 hours' credit for a

16  course on practice management which includes, but is not

17  limited to, principles of ethical practice management,

18  provider substance abuse, effective communications with

19  patients, time management, and burnout prevention.

20         (d)(c)  Continuing education credits shall be earned at

21  the rate of one-half credit hour per 25-30 contact minutes of

22  instruction and one credit hour per 50-60 contact minutes of

23  instruction.

24         Section 109.  Subsection (5) is added to section

25  480.034, Florida Statutes, to read:

26         480.034  Exemptions.--

27         (5)  The establishment licensure requirements of this

28  act do not apply to massage therapists licensed under this

29  chapter or to the office of a health care practitioner

30  licensed under chapter 457, chapter 458, chapter 459, chapter

31  460, chapter 461, chapter 466, or chapter 486, if massage


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 1  therapy provided by a massage therapist at the office is only

 2  provided to the patients of the health care practitioner.

 3         Section 110.  Paragraph (h) is added to subsection (3)

 4  of section 400.9905, Florida Statutes, to read:

 5         400.9905  Definitions.--

 6         (3)  "Clinic" means an entity at which health care

 7  services are provided to individuals and which tenders charges

 8  for reimbursement for such services. For purposes of this

 9  part, the term does not include and the licensure requirements

10  of this part do not apply to:

11         (h)  Entities that provide only oncology or radiation

12  therapy services by physicians licensed under chapter 458 or

13  459.

14         Section 111.  The amendment made by this act to section

15  400.9905(3), Florida Statutes, is intended to clarify the

16  legislative intent of this provision as it existed at the time

17  the provision initially took effect as section 456.0375(1)(b),

18  Florida Statutes, and section 400.9905(3)(h), Florida

19  Statutes, as created by this act, shall operate retroactively

20  to October 1, 2001.

21         Section 112.  Paragraph (c) of subsection (10) and

22  paragraph (a) of subsection (17) of section 400.506, Florida

23  Statutes, are amended to read:

24         400.506  Licensure of nurse registries; requirements;

25  penalties.--

26         (10)

27         (c)  A nurse registry shall, at the time of contracting

28  for services through the nurse registry, advise the patient,

29  the patient's family, or a person acting on behalf of the

30  patient of the availability of registered nurses to make

31  visits to the patient's home at an additional cost. A


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 1  registered nurse shall make monthly visits to the patient's

 2  home to assess the patient's condition and quality of care

 3  being provided by the certified nursing assistant or home

 4  health aide.  Any condition that which in the professional

 5  judgment of the nurse requires further medical attention shall

 6  be reported to the attending physician and the nurse registry.

 7  The assessment shall become a part of the patient's file with

 8  the nurse registry and may be reviewed by the agency during

 9  their survey procedure.

10         (17)  All persons referred for contract in private

11  residences by a nurse registry must comply with the following

12  requirements for a plan of treatment:

13         (a)  When, in accordance with the privileges and

14  restrictions imposed upon a nurse under part I of chapter 464,

15  the delivery of care to a patient is under the direction or

16  supervision of a physician or when a physician is responsible

17  for the medical care of the patient, a medical plan of

18  treatment must be established for each patient receiving care

19  or treatment provided by a licensed nurse in the home.  The

20  original medical plan of treatment must be timely signed by

21  the physician, physician's assistant, or advanced registered

22  nurse practitioner, acting within his or her respective scope

23  of practice, and reviewed by him or her in consultation with

24  the licensed nurse at least every 2 months.  Any additional

25  order or change in orders must be obtained from the physician,

26  physician's assistant, or advanced registered nurse

27  practitioner and reduced to writing and timely signed by the

28  physician, physician's assistant, or advanced registered nurse

29  practitioner.  The delivery of care under a medical plan of

30  treatment must be substantiated by the appropriate nursing

31  


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 1  notes or documentation made by the nurse in compliance with

 2  nursing practices established under part I of chapter 464.

 3         Section 113.  Sections 456.033, 456.034, 458.313,

 4  458.3147, 458.316, 458.3165, 458.317, subsection (3) of

 5  section 468.711, and paragraph (h) of subsection (1) of

 6  section 480.044, Florida Statutes, are repealed.

 7         Section 114.  Subsection (2) of section 466.006,

 8  Florida Statutes, is amended to read:

 9         466.006  Examination of dentists.--

10         (2)  An applicant shall be entitled to take the

11  examinations required in this section to practice dentistry in

12  this state if the applicant:

13         (a)  Is 18 years of age or older.

14         (b)1.  Is a graduate of a dental school accredited by

15  the Commission on Accreditation of the American Dental

16  Association or its successor agency, if any, or any other

17  nationally recognized accrediting agency; or.

18         2.  Is a dental student in the final year of a program

19  at such an accredited school who has completed all the

20  coursework necessary to prepare the student to perform the

21  clinical and diagnostic procedures required to pass the

22  examinations. With respect to a dental student in the final

23  year of a program at a dental school, a passing score on the

24  examinations is valid for 180 days after the date the

25  examinations were completed. A dental school student who takes

26  the licensure examinations during the student's final year of

27  an approved dental school must have graduated before being

28  certified for licensure pursuant to s. 466.011.

29         (c)  Has successfully completed the National Board of

30  Dental Examiners dental examination within 10 years of the

31  date of application.


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 1         Section 115.  Section 466.0065, Florida Statutes, is

 2  created to read:

 3         466.0065  Regional licensure examinations.--

 4         (1)  It is the intent of the Legislature that schools

 5  of dentistry be allowed to offer regional licensure

 6  examinations to dental students who are in the final year of a

 7  program at an approved dental school for the sole purpose of

 8  facilitating the student's licensing in other jurisdictions.

 9  This section does not allow a person to be licensed as a

10  dentist in this state without taking the examinations as set

11  forth in s. 466.006, nor does this section mean that regional

12  examinations administered under this section may be

13  substituted for complying with testing requirements under s.

14  466.006.

15         (2)  Each school of dentistry in this state which is

16  accredited by the Commission on Accreditation of the American

17  Dental Association or its successor agency may, upon written

18  approval by the Board of Dentistry, offer regional licensure

19  examinations only to dental students in the final year of a

20  program at an approved dental school, if the board has

21  approved the hosting school's written plan to comply with the

22  following conditions:

23         (a)  A member of the regional examination body's board

24  of directors or equivalent thereof must be a member of the

25  American Association of Dental Examiners.

26         (b)  The student must have successfully passed parts I

27  and II of the National Board of Dental Examiners examination

28  within 2 years before taking the regional examination.

29         (c)  The student must possess medical malpractice

30  insurance in amounts not less than the amounts required to

31  take the Florida licensure examinations.


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 1         (d)  At least one of the examination monitors must be a

 2  dentist licensed in this state who has completed all necessary

 3  standardization exercises required by the regional examination

 4  body. Recruitment of examination monitors is the

 5  responsibility of the regional examination body.

 6         (e)  Adequate arrangements, as defined by the regional

 7  examination body and as otherwise required by law, must be

 8  made, when necessary, for patients who require followup care

 9  as a result of procedures performed during the clinical

10  portion of the regional examination. The regional examination

11  body must inform patients in writing of their right to

12  followup care in advance of any procedures performed by a

13  student.

14         (f)  The board chair or the chair's designee must be

15  allowed to observe testing while it is in progress.

16         (g)  Each student, upon being deemed eligible by the

17  dental school to apply to the regional examination body to

18  take the regional examination, must receive written disclosure

19  in at least 12-point boldface type that states: "This

20  examination does not meet the licensure requirements of

21  chapter 466, Florida Statutes, for licensure in the State of

22  Florida. Persons wishing to practice dentistry in Florida must

23  pass the Florida licensure examinations."

24         (h)  The student must be enrolled as a dental student

25  in the student's final year of a program at an approved dental

26  school that is accredited by the Commission on Accreditation

27  of the American Dental Association or its successor agency.

28         (i)  The student must have completed all coursework

29  deemed necessary by the dental school to prepare the student

30  to perform all clinical and diagnostic procedures required to

31  pass the regional examination.


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 1         (j)  The student's academic record must not include any

 2  evidence suggesting that the student poses an unreasonable

 3  risk to any live patients who are required for the clinical

 4  portion of the regional examination. In order to protect the

 5  health and safety of the public, the dental school may request

 6  additional information and documents pertaining to the

 7  candidate's mental and physical health in order to fully

 8  assess the candidate's fitness to engage in exercises

 9  involving a live patient.

10         (3)  A student who takes the examination pursuant to

11  this section, a dental school that submits a plan pursuant to

12  this section, or a regional examination body that a dental

13  school proposes to host under this section does not have

14  standing to assert that a state agency has taken action for

15  which a hearing may be sought under ss. 120.569 and 120.57.

16         Section 116.  Section 456.048, Florida Statutes, is

17  amended to read:

18         456.048  Financial responsibility requirements for

19  certain health care practitioners.--

20         (1)  As a prerequisite for licensure or license

21  renewal, the Board of Acupuncture, the Board of Chiropractic

22  Medicine, the Board of Podiatric Medicine, and the Board of

23  Dentistry shall, by rule, require that all health care

24  practitioners licensed under the respective board, and the

25  Board of Medicine and the Board of Osteopathic Medicine shall,

26  by rule, require that all anesthesiologist assistants licensed

27  pursuant to s. 458.3475 or s. 459.023, and the Board of

28  Nursing shall, by rule, require that advanced registered nurse

29  practitioners certified under s. 464.012, and the department

30  shall, by rule, require that midwives maintain medical

31  malpractice insurance or provide proof of financial


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 1  responsibility in an amount and in a manner determined by the

 2  board or department to be sufficient to cover claims arising

 3  out of the rendering of or failure to render professional care

 4  and services in this state.

 5         (2)  The board or department may grant exemptions upon

 6  application by practitioners meeting any of the following

 7  criteria:

 8         (a)  Any person licensed under chapter 457, s.

 9  458.3475, s. 459.023, chapter 460, chapter 461, s. 464.012,

10  chapter 466, or chapter 467 who practices exclusively as an

11  officer, employee, or agent of the Federal Government or of

12  the state or its agencies or its subdivisions.  For the

13  purposes of this subsection, an agent of the state, its

14  agencies, or its subdivisions is a person who is eligible for

15  coverage under any self-insurance or insurance program

16  authorized by the provisions of s. 768.28(15) or who is a

17  volunteer under s. 110.501(1).

18         (b)  Any person whose license or certification has

19  become inactive under chapter 457, s. 458.3475, s. 459.023,

20  chapter 460, chapter 461, part I of chapter 464, chapter 466,

21  or chapter 467 and who is not practicing in this state.  Any

22  person applying for reactivation of a license must show either

23  that such licensee maintained tail insurance coverage which

24  provided liability coverage for incidents that occurred on or

25  after October 1, 1993, or the initial date of licensure in

26  this state, whichever is later, and incidents that occurred

27  before the date on which the license became inactive; or such

28  licensee must submit an affidavit stating that such licensee

29  has no unsatisfied medical malpractice judgments or

30  settlements at the time of application for reactivation.

31  


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 1         (c)  Any person holding a limited license pursuant to

 2  s. 456.015, and practicing under the scope of such limited

 3  license.

 4         (d)  Any person licensed or certified under chapter

 5  457, s. 458.3475, s. 459.023, chapter 460, chapter 461, s.

 6  464.012, chapter 466, or chapter 467 who practices only in

 7  conjunction with his or her teaching duties at an accredited

 8  school or in its main teaching hospitals. Such person may

 9  engage in the practice of medicine to the extent that such

10  practice is incidental to and a necessary part of duties in

11  connection with the teaching position in the school.

12         (e)  Any person holding an active license or

13  certification under chapter 457, s. 458.3475, s. 459.023,

14  chapter 460, chapter 461, s. 464.012, chapter 466, or chapter

15  467 who is not practicing in this state.  If such person

16  initiates or resumes practice in this state, he or she must

17  notify the department of such activity.

18         (f)  Any person who can demonstrate to the board or

19  department that he or she has no malpractice exposure in the

20  state.

21         (3)  Notwithstanding the provisions of this section,

22  the financial responsibility requirements of ss. 458.320 and

23  459.0085 shall continue to apply to practitioners licensed

24  under those chapters, except for anesthesiologist assistants

25  licensed pursuant to s. 458.3475 or s. 459.023 who must meet

26  the requirements of this section.

27         Section 117.  Paragraph (dd) of subsection (1) of

28  section 458.331, Florida Statutes, is amended to read:

29         458.331  Grounds for disciplinary action; action by the

30  board and department.--

31  


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 1         (1)  The following acts constitute grounds for denial

 2  of a license or disciplinary action, as specified in s.

 3  456.072(2):

 4         (dd)  Failing to supervise adequately the activities of

 5  those physician assistants, paramedics, emergency medical

 6  technicians, or advanced registered nurse practitioners, or

 7  anesthesiologist assistants acting under the supervision of

 8  the physician.

 9         Section 118.  Section 458.3475, Florida Statutes, is

10  created to read:

11         458.3475  Anesthesiologist assistants.--

12         (1)  DEFINITIONS.--As used in this section, the term:

13         (a)  "Anesthesiologist" means an allopathic physician

14  who holds an active, unrestricted license; who has

15  successfully completed an anesthesiology training program

16  approved by the Accreditation Council on Graduate Medical

17  Education or its equivalent; and who is certified by the

18  American Board of Anesthesiology, is eligible to take that

19  board's examination, or is certified by the Board of

20  Certification in Anesthesiology affiliated with the American

21  Association of Physician Specialists.

22         (b)  "Anesthesiologist assistant" means a graduate of

23  an approved program who is licensed to perform medical

24  services delegated and directly supervised by a supervising

25  anesthesiologist.

26         (c)  "Anesthesiology" means the practice of medicine

27  that specializes in the relief of pain during and after

28  surgical procedures and childbirth, during certain chronic

29  disease processes, and during resuscitation and critical care

30  of patients in the operating room and intensive care

31  environments.


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 1         (d)  "Approved program" means a program for the

 2  education and training of anesthesiologist assistants which

 3  has been approved by the boards as provided in subsection (5).

 4         (e)  "Boards" means the Board of Medicine and the Board

 5  of Osteopathic Medicine.

 6         (f)  "Continuing medical education" means courses

 7  recognized and approved by the boards, the American Academy of

 8  Physician Assistants, the American Medical Association, the

 9  American Osteopathic Association, the American Academy of

10  Anesthesiologist Assistants, the American Society of

11  Anesthesiologists, or the Accreditation Council on Continuing

12  Medical Education.

13         (g)  "Direct supervision" means the on-site, personal

14  supervision by an anesthesiologist who is present in the

15  office when the procedure is being performed in that office,

16  or is present in the surgical or obstetrical suite when the

17  procedure is being performed in that surgical or obstetrical

18  suite and who is in all instances immediately available to

19  provide assistance and direction to the anesthesiologist

20  assistant while anesthesia services are being performed.

21         (h)  "Proficiency examination" means an entry-level

22  examination approved by the boards, including examinations

23  administered by the National Commission on Certification of

24  Anesthesiologist Assistants.

25         (i)  "Trainee" means a person who is currently enrolled

26  in an approved program.

27         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

28         (a)  An anesthesiologist who directly supervises an

29  anesthesiologist assistant must be qualified in the medical

30  areas in which the anesthesiologist assistant performs and is

31  liable for the performance of the anesthesiologist assistant.


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 1  An anesthesiologist may only supervise two anesthesiologist

 2  assistants at the same time. The board may, by rule, allow an

 3  anesthesiologist to supervise up to four anesthesiologist

 4  assistants, after July 1, 2008.

 5         (b)  An anesthesiologist or group of anesthesiologists

 6  must, upon establishing a supervisory relationship with an

 7  anesthesiologist assistant, file with the board a written

 8  protocol that includes, at a minimum:

 9         1.  The name, address, and license number of the

10  anesthesiologist assistant.

11         2.  The name, address, license number, and federal Drug

12  Enforcement Administration number of each physician who will

13  be supervising the anesthesiologist assistant.

14         3.  The address of the anesthesiologist assistant's

15  primary practice location and the address of any other

16  locations where the anesthesiologist assistant may practice.

17         4.  The date the protocol was developed and the dates

18  of all revisions.

19         5.  The signatures of the anesthesiologist assistant

20  and all supervising physicians.

21         6.  The duties and functions of the anesthesiologist

22  assistant.

23         7.  The conditions or procedures that require the

24  personal provision of care by an anesthesiologist.

25         8.  The procedures to be followed in the event of an

26  anesthetic emergency.

27  

28  The protocol must be on file with the board before the

29  anesthesiologist assistant may practice with the

30  anesthesiologist or group. An anesthesiologist assistant may

31  not practice unless a written protocol has been filed for that


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 1  anesthesiologist assistant in accordance with this paragraph,

 2  and the anesthesiologist assistant may only practice under the

 3  direct supervision of an anesthesiologist who has signed the

 4  protocol. The protocol must be updated biennially.

 5         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

 6         (a)  An anesthesiologist assistant may assist an

 7  anesthesiologist in developing and implementing an anesthesia

 8  care plan for a patient. In providing assistance to an

 9  anesthesiologist, an anesthesiologist assistant may perform

10  duties established by rule by the board in any of the

11  following functions that are included in the anesthesiologist

12  assistant's protocol while under the direct supervision of an

13  anesthesiologist:

14         1.  Obtain a comprehensive patient history and present

15  the history to the supervising anesthesiologist.

16         2.  Pretest and calibrate anesthesia delivery systems

17  and monitor, obtain, and interpret information from the

18  systems and monitors.

19         3.  Assist the supervising anesthesiologist with the

20  implementation of medically accepted monitoring techniques.

21         4.  Establish basic and advanced airway interventions,

22  including intubation of the trachea and performing ventilatory

23  support.

24         5.  Administer intermittent vasoactive drugs and start

25  and adjust vasoactive infusions.

26         6.  Administer anesthetic drugs, adjuvant drugs, and

27  accessory drugs.

28         7.  Assist the supervising anesthesiologist with the

29  performance of epidural anesthetic procedures and spinal

30  anesthetic procedures.

31  


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 1         8.  Administer blood, blood products, and supportive

 2  fluids.

 3         9.  Support life functions during anesthesia health

 4  care, including induction and intubation procedures, the use

 5  of appropriate mechanical supportive devices, and the

 6  management of fluid, electrolyte, and blood component

 7  balances.

 8         10.  Recognize and take appropriate corrective action

 9  for abnormal patient responses to anesthesia, adjunctive

10  medication, or other forms of therapy.

11         11.  Participate in management of the patient while in

12  the postanesthesia recovery area, including the administration

13  of any supporting fluids or drugs.

14         12.  Place special peripheral and central venous and

15  arterial lines for blood sampling and monitoring as

16  appropriate.

17         (b)  Nothing in this section or chapter prevents

18  third-party payors from reimbursing employers of

19  anesthesiologist assistants for covered services rendered by

20  such anesthesiologist assistants.

21         (c)  An anesthesiologist assistant must clearly convey

22  to the patient that he or she is an anesthesiologist

23  assistant.

24         (d)  An anesthesiologist assistant may perform

25  anesthesia tasks and services within the framework of a

26  written practice protocol developed between the supervising

27  anesthesiologist and the anesthesiologist assistant.

28         (e)  An anesthesiologist assistant may not prescribe,

29  order, or compound any controlled substance, legend drug, or

30  medical device, nor may an anesthesiologist assistant dispense

31  sample drugs to patients.  Nothing in this paragraph prohibits


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 1  an anesthesiologist assistant from administering legend drugs

 2  or controlled substances; intravenous drugs, fluids, or blood

 3  products; or inhalation or other anesthetic agents to patients

 4  which are ordered by the supervising anesthesiologist and

 5  administered while under the direct supervision of the

 6  supervising anesthesiologist.

 7         (4)  PERFORMANCE BY TRAINEES.--The practice of a

 8  trainee is exempt from the requirements of this chapter while

 9  the trainee is performing assigned tasks as a trainee in

10  conjunction with an approved program. Before providing

11  anesthesia services, including the administration of

12  anesthesia in conjunction with the requirements of an approved

13  program, the trainee must clearly convey to the patient that

14  he or she is a trainee.

15         (5)  PROGRAM APPROVAL.--The boards shall approve

16  programs for the education and training of anesthesiologist

17  assistants which meet standards established by board rules.

18  The boards may recommend only those anesthesiologist assistant

19  training programs that hold full accreditation or provisional

20  accreditation from the Commission on Accreditation of Allied

21  Health Education Programs.

22         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

23         (a)  Any person desiring to be licensed as an

24  anesthesiologist assistant must apply to the department. The

25  department shall issue a license to any person certified by

26  the board to:

27         1.  Be at least 18 years of age.

28         2.  Have satisfactorily passed a proficiency

29  examination with a score established by the National

30  Commission on Certification of Anesthesiologist Assistants.

31         3.  Be certified in advanced cardiac life support.


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 1         4.  Have completed the application form and remitted an

 2  application fee, not to exceed $1,000, as set by the boards.

 3  An application must include:

 4         a.  A certificate of completion of an approved graduate

 5  level program.

 6         b.  A sworn statement of any prior felony convictions.

 7         c.  A sworn statement of any prior discipline or denial

 8  of licensure or certification in any state.

 9         d.  Two letters of recommendation from

10  anesthesiologists.

11         (b)  A license must be renewed biennially. Each renewal

12  must include:

13         1.  A renewal fee, not to exceed $1,000, as set by the

14  boards.

15         2.  A sworn statement of no felony convictions in the

16  immediately preceding 2 years.

17         (c)  Each licensed anesthesiologist assistant must

18  biennially complete 40 hours of continuing medical education

19  or hold a current certificate issued by the National

20  Commission on Certification of Anesthesiologist Assistants or

21  its successor.

22         (d)  An anesthesiologist assistant must notify the

23  department in writing within 30 days after obtaining

24  employment that requires a license under this chapter and

25  after any subsequent change in his or her supervising

26  anesthesiologist. The notification must include the full name,

27  license number, specialty, and address of the supervising

28  anesthesiologist. Submission of a copy of the required

29  protocol by the anesthesiologist assistant satisfies this

30  requirement.

31  


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 1         (e)  The Board of Medicine may impose upon an

 2  anesthesiologist assistant any penalty specified in s. 456.072

 3  or s. 458.331(2) if the anesthesiologist assistant or the

 4  supervising anesthesiologist is found guilty of or is

 5  investigated for an act that constitutes a violation of this

 6  chapter or chapter 456.

 7         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

 8  ADVISE THE BOARD.--

 9         (a)  The chairman of the board may appoint an

10  anesthesiologist and an anesthesiologist assistant to advise

11  the board as to the adoption of rules for the licensure of

12  anesthesiologist assistants. The board may use a committee

13  structure that is most practicable in order to receive any

14  recommendations to the board regarding rules and all matters

15  relating to anesthesiologist assistants, including, but not

16  limited to, recommendations to improve safety in the clinical

17  practices of licensed anesthesiologist assistants.

18         (b)  In addition to its other duties and

19  responsibilities as prescribed by law, the board shall:

20         1.  Recommend to the department the licensure of

21  anesthesiologist assistants.

22         2.  Develop all rules regulating the use of

23  anesthesiologist assistants by qualified anesthesiologists

24  under this chapter and chapter 459, except for rules relating

25  to the formulary developed under s. 458.347(4)(f). The board

26  shall also develop rules to ensure that the continuity of

27  supervision is maintained in each practice setting. The boards

28  shall consider adopting a proposed rule at the regularly

29  scheduled meeting immediately following the submission of the

30  proposed rule. A proposed rule may not be adopted by either

31  board unless both boards have accepted and approved the


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 1  identical language contained in the proposed rule. The

 2  language of all proposed rules must be approved by both boards

 3  pursuant to each respective board's guidelines and standards

 4  regarding the adoption of proposed rules.

 5         3.  Address concerns and problems of practicing

 6  anesthesiologist assistants to improve safety in the clinical

 7  practices of licensed anesthesiologist assistants.

 8         (c)  When the board finds that an applicant for

 9  licensure has failed to meet, to the board's satisfaction,

10  each of the requirements for licensure set forth in this

11  section, the board may enter an order to:

12         1.  Refuse to certify the applicant for licensure;

13         2.  Approve the applicant for licensure with

14  restrictions on the scope of practice or license; or

15         3.  Approve the applicant for conditional licensure.

16  Such conditions may include placement of the licensee on

17  probation for a period of time and subject to such conditions

18  as the board specifies, including, but not limited to,

19  requiring the licensee to undergo treatment, to attend

20  continuing education courses, or to take corrective action.

21         (8)  PENALTY.--A person who falsely holds himself or

22  herself out as an anesthesiologist assistant commits a felony

23  of the third degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084.

25         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

26  LICENSURE.--The boards may deny, suspend, or revoke the

27  license of an anesthesiologist assistant who the board

28  determines has violated any provision of this section or

29  chapter or any rule adopted pursuant thereto.

30         (10)  RULES.--The boards shall adopt rules to

31  administer this section.


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 1         (11)  LIABILITY.--A supervising anesthesiologist is

 2  liable for any act or omission of an anesthesiologist

 3  assistant acting under the anesthesiologist's supervision and

 4  control and shall comply with the financial responsibility

 5  requirements of this chapter and chapter 456, as applicable.

 6         (12)  FEES.--The department shall allocate the fees

 7  collected under this section to the board.

 8         Section 119.  Paragraph (hh) of subsection (1) of

 9  section 459.015, Florida Statutes, is amended to read:

10         459.015  Grounds for disciplinary action; action by the

11  board and department.--

12         (1)  The following acts constitute grounds for denial

13  of a license or disciplinary action, as specified in s.

14  456.072(2):

15         (hh)  Failing to supervise adequately the activities of

16  those physician assistants, paramedics, emergency medical

17  technicians, advanced registered nurse practitioners,

18  anesthesiologist assistants, or other persons acting under the

19  supervision of the osteopathic physician.

20         Section 120.  Section 459.023, Florida Statutes, is

21  created to read:

22         459.023  Anesthesiologist assistants.--

23         (1)  DEFINITIONS.--As used in this section, the term:

24         (a)  "Anesthesiologist" means an osteopathic physician

25  who holds an active, unrestricted license; who has

26  successfully completed an anesthesiology training program

27  approved by the Accreditation Council on Graduate Medical

28  Education, or its equivalent, or the American Osteopathic

29  Association; and who is certified by the American Osteopathic

30  Board of Anesthesiology or is eligible to take that board's

31  examination, is certified by the American Board of


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 1  Anesthesiology or is eligible to take that board's

 2  examination, or is certified by the Board of Certification in

 3  Anesthesiology affiliated with the American Association of

 4  Physician Specialists.

 5         (b)  "Anesthesiologist assistant" means a graduate of

 6  an approved program who is licensed to perform medical

 7  services delegated and directly supervised by a supervising

 8  anesthesiologist.

 9         (c)  "Anesthesiology" means the practice of medicine

10  that specializes in the relief of pain during and after

11  surgical procedures and childbirth, during certain chronic

12  disease processes, and during resuscitation and critical care

13  of patients in the operating room and intensive care

14  environments.

15         (d)  "Approved program" means a program for the

16  education and training of anesthesiologist assistants which

17  has been approved by the boards as provided in subsection (5).

18         (e)  "Boards" means the Board of Medicine and the Board

19  of Osteopathic Medicine.

20         (f)  "Continuing medical education" means courses

21  recognized and approved by the boards, the American Academy of

22  Physician Assistants, the American Medical Association, the

23  American Osteopathic Association, the American Academy of

24  Anesthesiologist Assistants, the American Society of

25  Anesthesiologists, or the Accreditation Council on Continuing

26  Medical Education.

27         (g)  "Direct supervision" means the on-site, personal

28  supervision by an anesthesiologist who is present in the

29  office when the procedure is being performed in that office,

30  or is present in the surgical or obstetrical suite when the

31  procedure is being performed in that surgical or obstetrical


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 1  suite and who is in all instances immediately available to

 2  provide assistance and direction to the anesthesiologist

 3  assistant while anesthesia services are being performed.

 4         (h)  "Proficiency examination" means an entry-level

 5  examination approved by the boards, including examinations

 6  administered by the National Commission on Certification of

 7  Anesthesiologist Assistants.

 8         (i)  "Trainee" means a person who is currently enrolled

 9  in an approved program.

10         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

11         (a)  An anesthesiologist who directly supervises an

12  anesthesiologist assistant must be qualified in the medical

13  areas in which the anesthesiologist assistant performs and is

14  liable for the performance of the anesthesiologist assistant.

15  An anesthesiologist may only supervise two anesthesiologist

16  assistants at the same time. The board may, by rule, allow an

17  anesthesiologist to supervise up to four anesthesiologist

18  assistants, after July 1, 2008.

19         (b)  An anesthesiologist or group of anesthesiologists

20  must, upon establishing a supervisory relationship with an

21  anesthesiologist assistant, file with the board a written

22  protocol that includes, at a minimum:

23         1.  The name, address, and license number of the

24  anesthesiologist assistant.

25         2.  The name, address, license number, and federal Drug

26  Enforcement Administration number of each physician who will

27  be supervising the anesthesiologist assistant.

28         3.  The address of the anesthesiologist assistant's

29  primary practice location and the address of any other

30  locations where the anesthesiologist assistant may practice.

31  


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 1         4.  The date the protocol was developed and the dates

 2  of all revisions.

 3         5.  The signatures of the anesthesiologist assistant

 4  and all supervising physicians.

 5         6.  The duties and functions of the anesthesiologist

 6  assistant.

 7         7.  The conditions or procedures that require the

 8  personal provision of care by an anesthesiologist.

 9         8.  The procedures to be followed in the event of an

10  anesthetic emergency.

11  

12  The protocol must be on file with the board before the

13  anesthesiologist assistant may practice with the

14  anesthesiologist or group. An anesthesiologist assistant may

15  not practice unless a written protocol has been filed for that

16  anesthesiologist assistant in accordance with this paragraph,

17  and the anesthesiologist assistant may only practice under the

18  direct supervision of an anesthesiologist who has signed the

19  protocol. The protocol must be updated biennially.

20         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

21         (a)  An anesthesiologist assistant may assist an

22  anesthesiologist in developing and implementing an anesthesia

23  care plan for a patient. In providing assistance to an

24  anesthesiologist, an anesthesiologist assistant may perform

25  duties established by rule by the board in any of the

26  following functions that are included in the anesthesiologist

27  assistant's protocol while under the direct supervision of an

28  anesthesiologist:

29         1.  Obtain a comprehensive patient history and present

30  the history to the supervising anesthesiologist.

31  


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 1         2.  Pretest and calibrate anesthesia delivery systems

 2  and monitor, obtain, and interpret information from the

 3  systems and monitors.

 4         3.  Assist the supervising anesthesiologist with the

 5  implementation of medically accepted monitoring techniques.

 6         4.  Establish basic and advanced airway interventions,

 7  including intubation of the trachea and performing ventilatory

 8  support.

 9         5.  Administer intermittent vasoactive drugs and start

10  and adjust vasoactive infusions.

11         6.  Administer anesthetic drugs, adjuvant drugs, and

12  accessory drugs.

13         7.  Assist the supervising anesthesiologist with the

14  performance of epidural anesthetic procedures and spinal

15  anesthetic procedures.

16         8.  Administer blood, blood products, and supportive

17  fluids.

18         9.  Support life functions during anesthesia health

19  care, including induction and intubation procedures, the use

20  of appropriate mechanical supportive devices, and the

21  management of fluid, electrolyte, and blood component

22  balances.

23         10.  Recognize and take appropriate corrective action

24  for abnormal patient responses to anesthesia, adjunctive

25  medication, or other forms of therapy.

26         11.  Participate in management of the patient while in

27  the postanesthesia recovery area, including the administration

28  of any supporting fluids or drugs.

29         12.  Place special peripheral and central venous and

30  arterial lines for blood sampling and monitoring as

31  appropriate.


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 1         (b)  Nothing in this section or chapter prevents

 2  third-party payors from reimbursing employers of

 3  anesthesiologist assistants for covered services rendered by

 4  such anesthesiologist assistants.

 5         (c)  An anesthesiologist assistant must clearly convey

 6  to the patient that she or he is an anesthesiologist

 7  assistant.

 8         (d)  An anesthesiologist assistant may perform

 9  anesthesia tasks and services within the framework of a

10  written practice protocol developed between the supervising

11  anesthesiologist and the anesthesiologist assistant.

12         (e)  An anesthesiologist assistant may not prescribe,

13  order, or compound any controlled substance, legend drug, or

14  medical device, nor may an anesthesiologist assistant dispense

15  sample drugs to patients.  Nothing in this paragraph prohibits

16  an anesthesiologist assistant from administering legend drugs

17  or controlled substances; intravenous drugs, fluids, or blood

18  products; or inhalation or other anesthetic agents to patients

19  which are ordered by the supervising anesthesiologist and

20  administered while under the direct supervision of the

21  supervising anesthesiologist.

22         (4)  PERFORMANCE BY TRAINEES.--The practice of a

23  trainee is exempt from the requirements of this chapter while

24  the trainee is performing assigned tasks as a trainee in

25  conjunction with an approved program. Before providing

26  anesthesia services, including the administration of

27  anesthesia in conjunction with the requirements of an approved

28  program, the trainee must clearly convey to the patient that

29  he or she is a trainee.

30         (5)  PROGRAM APPROVAL.--The boards shall approve

31  programs for the education and training of anesthesiologist


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 1  assistants which meet standards established by board rules.

 2  The board may recommend only those anesthesiologist assistant

 3  training programs that hold full accreditation or provisional

 4  accreditation from the Commission on Accreditation of Allied

 5  Health Education Programs.

 6         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

 7         (a)  Any person desiring to be licensed as an

 8  anesthesiologist assistant must apply to the department. The

 9  department shall issue a license to any person certified by

10  the board to:

11         1.  Be at least 18 years of age.

12         2.  Have satisfactorily passed a proficiency

13  examination with a score established by the National

14  Commission on Certification of Anesthesiologist Assistants.

15         3.  Be certified in advanced cardiac life support.

16         4.  Have completed the application form and remitted an

17  application fee, not to exceed $1,000, as set by the boards.

18  An application must include:

19         a.  A certificate of completion of an approved graduate

20  level program.

21         b.  A sworn statement of any prior felony convictions.

22         c.  A sworn statement of any prior discipline or denial

23  of licensure or certification in any state.

24         d.  Two letters of recommendation from

25  anesthesiologists.

26         (b)  A license must be renewed biennially. Each renewal

27  must include:

28         1.  A renewal fee, not to exceed $1,000, as set by the

29  boards.

30         2.  A sworn statement of no felony convictions in the

31  immediately preceding 2 years.


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 1         (c)  Each licensed anesthesiologist assistant must

 2  biennially complete 40 hours of continuing medical education

 3  or hold a current certificate issued by the National

 4  Commission on Certification of Anesthesiologist Assistants or

 5  its successor.

 6         (d)  An anesthesiologist assistant must notify the

 7  department in writing within 30 days after obtaining

 8  employment that requires a license under this chapter and

 9  after any subsequent change in her or his supervising

10  anesthesiologist. The notification must include the full name,

11  license number, specialty, and address of the supervising

12  anesthesiologist. Submission of a copy of the required

13  protocol by the anesthesiologist assistant satisfies this

14  requirement.

15         (e)  The Board of Osteopathic Medicine may impose upon

16  an anesthesiologist assistant any penalty specified in s.

17  456.072 or s. 459.015(2) if the anesthesiologist assistant or

18  the supervising anesthesiologist is found guilty of or is

19  investigated for an act that constitutes a violation of this

20  chapter or chapter 456.

21         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

22  ADVISE THE BOARD.--

23         (a)  The chairman of the board may appoint an

24  anesthesiologist and an anesthesiologist assistant to advise

25  the board as to the adoption of rules for the licensure of

26  anesthesiologist assistants. The board may use a committee

27  structure that is most practicable in order to receive any

28  recommendations to the board regarding rules and all matters

29  relating to anesthesiologist assistants, including, but not

30  limited to, recommendations to improve safety in the clinical

31  practices of licensed anesthesiologist assistants.


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 1         (b)  In addition to its other duties and

 2  responsibilities as prescribed by law, the board shall:

 3         1.  Recommend to the department the licensure of

 4  anesthesiologist assistants.

 5         2.  Develop all rules regulating the use of

 6  anesthesiologist assistants by qualified anesthesiologists

 7  under this chapter and chapter 458, except for rules relating

 8  to the formulary developed under s. 458.347(4)(f). The board

 9  shall also develop rules to ensure that the continuity of

10  supervision is maintained in each practice setting. The boards

11  shall consider adopting a proposed rule at the regularly

12  scheduled meeting immediately following the submission of the

13  proposed rule. A proposed rule may not be adopted by either

14  board unless both boards have accepted and approved the

15  identical language contained in the proposed rule. The

16  language of all proposed rules must be approved by both boards

17  pursuant to each respective board's guidelines and standards

18  regarding the adoption of proposed rules.

19         3.  Address concerns and problems of practicing

20  anesthesiologist assistants to improve safety in the clinical

21  practices of licensed anesthesiologist assistants.

22         (c)  When the board finds that an applicant for

23  licensure has failed to meet, to the board's satisfaction,

24  each of the requirements for licensure set forth in this

25  section, the board may enter an order to:

26         1.  Refuse to certify the applicant for licensure;

27         2.  Approve the applicant for licensure with

28  restrictions on the scope of practice or license; or

29         3.  Approve the applicant for conditional licensure.

30  Such conditions may include placement of the licensee on

31  probation for a period of time and subject to such conditions


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 1  as the board specifies, including, but not limited to,

 2  requiring the licensee to undergo treatment, to attend

 3  continuing education courses, or to take corrective action.

 4         (8)  PENALTY.--A person who falsely holds herself or

 5  himself out as an anesthesiologist assistant commits a felony

 6  of the third degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084.

 8         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

 9  LICENSURE.--The boards may deny, suspend, or revoke the

10  license of an anesthesiologist assistant who the board

11  determines has violated any provision of this section or

12  chapter or any rule adopted pursuant thereto.

13         (10)  RULES.--The boards shall adopt rules to

14  administer this section.

15         (11)  LIABILITY.--A supervising anesthesiologist is

16  liable for any act or omission of an anesthesiologist

17  assistant acting under the anesthesiologist's supervision and

18  control and shall comply with the financial responsibility

19  requirements of this chapter and chapter 456, as applicable.

20         (12)  FEES.--The department shall allocate the fees

21  collected under this section to the board.

22         Section 121.  Subsections (1) and (2) of section

23  400.487, Florida Statutes, are amended to read:

24         400.487  Home health service agreements; physician's,

25  physician's assistant's, and advanced registered nurse

26  practitioner's treatment orders; patient assessment;

27  establishment and review of plan of care; provision of

28  services; orders not to resuscitate.--

29         (1)  Services provided by a home health agency must be

30  covered by an agreement between the home health agency and the

31  patient or the patient's legal representative specifying the


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 1  home health services to be provided, the rates or charges for

 2  services paid with private funds, and the sources method of

 3  payment, which may include Medicare, Medicaid, private

 4  insurance, personal funds, or a combination thereof. A home

 5  health agency providing skilled care must make an assessment

 6  of the patient's needs within 48 hours after the start of

 7  services.

 8         (2)  When required by the provisions of chapter 464;

 9  part I, part III, or part V of chapter 468; or chapter 486,

10  the attending physician, physician's assistant, or advanced

11  registered nurse practitioner, acting within his or her

12  respective scope of practice, shall for a patient who is to

13  receive skilled care must establish treatment orders for a

14  patient who is to receive skilled care. The treatment orders

15  must be signed by the physician, physician's assistant, or

16  advanced registered nurse practitioner before a claim for

17  payment for the skilled services is submitted by the home

18  health agency. If the claim is submitted to a managed care

19  organization, the treatment orders must be signed in the time

20  allowed under the provider agreement. The treatment orders

21  shall within 30 days after the start of care and must be

22  reviewed, as frequently as the patient's illness requires, by

23  the physician, physician's assistant, or advanced registered

24  nurse practitioner in consultation with the home health agency

25  personnel that provide services to the patient.

26         Section 122.  Sections 122-134 of this act may be cited

27  as the "Clara Ramsey Care of the Elderly Act."

28         Section 123.  Certified Geriatric Specialist

29  Preparation Pilot Program.--

30         (1)  The Agency for Workforce Innovation shall

31  establish a pilot program for delivery of geriatric nursing


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 1  education to certified nursing assistants who wish to become

 2  certified geriatric specialists. The agency shall select two

 3  pilot sites in nursing homes that have received the Gold Seal

 4  designation under section 400.235, Florida Statutes; have been

 5  designated as a teaching nursing home under section 430.80,

 6  Florida Statutes; or have not received a class I or class II

 7  deficiency within the 30 months preceding application for this

 8  program.

 9         (2)  To be eligible to receive geriatric nursing

10  education, a certified nursing assistant must have been

11  employed by a participating nursing home for at least 1 year

12  and must have received a high school diploma or its

13  equivalent.

14         (3)  The education shall be provided at the worksite

15  and in coordination with the certified nursing assistant's

16  work schedule.

17         (4)  Faculty shall provide the instruction under an

18  approved nursing program pursuant to section 464.019, Florida

19  Statutes.

20         (5)  The education must be designed to prepare the

21  certified nursing assistant to meet the requirements for

22  certification as a geriatric specialist. The didactic and

23  clinical education must include all portions of the practical

24  nursing curriculum pursuant to section 464.019, Florida

25  Statutes, except for pediatric and obstetric/maternal-child

26  education, and must include additional education in the care

27  of ill, injured, or infirm geriatric patients and the

28  maintenance of health, the prevention of injury, and the

29  provision of palliative care for geriatric patients.

30         Section 124.  Certified Geriatric Specialty Nursing

31  Initiative Steering Committee.--


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 1         (1)  In order to guide the implementation of the

 2  Certified Geriatric Specialist Preparation Pilot Program,

 3  there is created a Certified Geriatric Specialty Nursing

 4  Initiative Steering Committee. The steering committee shall be

 5  composed of the following members:

 6         (a)  The chair of the Board of Nursing or his or her

 7  designee;

 8         (b)  A representative of the Agency for Workforce

 9  Innovation, appointed by the Director of Workforce Innovation;

10         (c)  A representative of Workforce Florida, Inc.,

11  appointed by the chair of the Board of Directors of Workforce

12  Florida, Inc.;

13         (d)  A representative of the Department of Education,

14  appointed by the Commissioner of Education;

15         (e)  A representative of the Department of Health,

16  appointed by the Secretary of Health;

17         (f)  A representative of the Agency for Health Care

18  Administration, appointed by the Secretary of Health Care

19  Administration;

20         (g)  The Director of the Florida Center for Nursing;

21         (h)  A representative of the Department of Elderly

22  Affairs, appointed by the Secretary of Elderly Affairs; and

23         (i)  A representative of a Gold Seal nursing home that

24  is not one of the pilot program sites, appointed by the

25  Secretary of Health Care Administration.

26         (2)  The steering committee shall:

27         (a)  Provide consultation and guidance to the Agency

28  for Workforce Innovation on matters of policy during the

29  implementation of the pilot program; and

30         (b)  Provide oversight to the evaluation of the pilot

31  program.


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 1         (3)  Members of the steering committee are entitled to

 2  reimbursement for per diem and travel expenses under section

 3  112.061, Florida Statutes.

 4         (4)  The steering committee shall complete its

 5  activities by June 30, 2007, and the authorization for the

 6  steering committee ends on that date.

 7         Section 125.  Evaluation of the Certified Geriatric

 8  Specialist Preparation Pilot Program.--The Agency for

 9  Workforce Innovation, in consultation with the Certified

10  Geriatric Specialty Nursing Initiative Steering Committee,

11  shall conduct or contract for an evaluation of the pilot

12  program. The agency shall ensure that an evaluation report is

13  submitted to the Governor, the President of the Senate, and

14  the Speaker of the House of Representatives by January 1,

15  2007. The evaluation must address the experience and success

16  of the certified nursing assistants in the pilot program and

17  must contain recommendations regarding the expansion of the

18  delivery of geriatric nursing education in nursing homes.

19         Section 126.  Reports.--The Agency for Workforce

20  Innovation shall submit status reports and recommendations

21  regarding legislation necessary to further the implementation

22  of the pilot program to the Governor, the President of the

23  Senate, and the Speaker of the House of Representatives on

24  January 1, 2005, January 1, 2006, and January 1, 2007.

25         Section 127.  Section 464.0125, Florida Statutes, is

26  created to read:

27         464.0125  Certified geriatric specialists;

28  certification requirements.--

29         (1)  DEFINITIONS; RESPONSIBILITIES.--

30         (a)  As used in this section, the term:

31  


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 1         1.  "Certified geriatric specialist" means a person who

 2  meets the qualifications specified in this section and who is

 3  certified by the board to practice as a certified geriatric

 4  specialist.

 5         2.  "Geriatric patient" means any patient who is 60

 6  years of age or older.

 7         3.  "Practice of certified geriatric specialty nursing"

 8  means the performance of selected acts in facilities licensed

 9  under part II or part III of chapter 400, including the

10  administration of treatments and medications, in the care of

11  ill, injured, or infirm geriatric patients and the promotion

12  of wellness, maintenance of health, and prevention of illness

13  of geriatric patients under the direction of a registered

14  nurse, a licensed physician, a licensed osteopathic physician,

15  a licensed podiatric physician, or a licensed dentist. The

16  scope of practice of a certified geriatric specialist includes

17  the practice of practical nursing as defined in s. 464.003 for

18  geriatric patients only, except for any act in which

19  instruction and clinical knowledge of pediatric nursing or

20  obstetric/maternal-child nursing is required. A certified

21  geriatric specialist, while providing nursing services in

22  facilities licensed under part II or part III of chapter 400,

23  may supervise the activities of certified nursing assistants

24  and other unlicensed personnel providing services in such

25  facilities in accordance with rules adopted by the board.

26         (b)  The certified geriatric specialist shall be

27  responsible and accountable for making decisions that are

28  based upon the individual's educational preparation and

29  experience in performing certified geriatric specialty

30  nursing.

31         (2)  CERTIFICATION.--


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 1         (a)  Any certified nursing assistant desiring to be

 2  certified as a certified geriatric specialist must apply to

 3  the department and submit proof that he or she holds a current

 4  certificate as a certified nursing assistant under part II of

 5  this chapter and has satisfactorily completed the following

 6  requirements:

 7         1.  Is in good mental and physical health, is a

 8  recipient of a high school diploma or its equivalent; has

 9  completed the requirements for graduation from an approved

10  program for nursing or its equivalent, as determined by the

11  board, for the preparation of licensed practical nurses,

12  except for instruction and clinical knowledge of pediatric

13  nursing or obstetric/maternal-child nursing; and has completed

14  additional education in the care of ill, injured, or infirm

15  geriatric patients, the maintenance of health, the prevention

16  of injury, and the provision of palliative care for geriatric

17  patients. By September 1, 2004, the Board of Nursing shall

18  adopt rules establishing the core competencies for the

19  additional education in geriatric care. Any program that is

20  approved on July 1, 2004, by the board for the preparation of

21  registered nurses or licensed practical nurses may provide

22  education for the preparation of certified geriatric

23  specialists without further board approval.

24         2.  Has the ability to communicate in the English

25  language, which may be determined by an examination given by

26  the department.

27         3.  Has provided sufficient information, which must be

28  submitted by the department for a statewide criminal records

29  correspondence check through the Department of Law

30  Enforcement.

31  


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 1         (b)  Each applicant who meets the requirements of this

 2  subsection is, unless denied pursuant to s. 464.018, entitled

 3  to certification as a certified geriatric specialist. The

 4  board must certify, and the department must issue a

 5  certificate to practice as a certified geriatric specialist

 6  to, any certified nursing assistant who meets the

 7  qualifications set forth in this section. The board shall

 8  establish an application fee not to exceed $100 and a biennial

 9  renewal fee not to exceed $50. The board may adopt rules to

10  administer this section.

11         (c)  A person receiving certification under this

12  section shall:

13         1.  Work only within the confines of a facility

14  licensed under part II or part III of chapter 400.

15         2.  Care for geriatric patients only.

16         3.  Comply with the minimum standards of practice for

17  nurses and be subject to disciplinary action for violations of

18  s. 464.018.

19         (3)  ARTICULATION.--Any certified geriatric specialist

20  who completes the additional instruction and coursework in an

21  approved nursing program pursuant to s. 464.019 for the

22  preparation of practical nursing in the areas of pediatric

23  nursing and obstetric/maternal-child nursing is, unless denied

24  pursuant to s. 464.018, entitled to licensure as a licensed

25  practical nurse if the applicant otherwise meets the

26  requirements of s. 464.008.

27         (4)  TITLES AND ABBREVIATIONS; RESTRICTIONS;

28  PENALTIES.--

29         (a)  Only persons who hold certificates to practice as

30  certified geriatric specialists in this state or who are

31  performing services within the practice of certified geriatric


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 1  specialty nursing pursuant to the exception set forth in s.

 2  464.022(8) may use the title "Certified Geriatric Specialist"

 3  and the abbreviation "C.G.S."

 4         (b)  A person may not practice or advertise as, or

 5  assume the title of, certified geriatric specialist or use the

 6  abbreviation "C.G.S." or take any other action that would lead

 7  the public to believe that person is certified as such or is

 8  performing services within the practice of certified geriatric

 9  specialty nursing pursuant to the exception set forth in s.

10  464.022(8), unless that person is certified to practice as

11  such.

12         (c)  A violation of this subsection is a misdemeanor of

13  the first degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         (5)  VIOLATIONS AND PENALTIES.--Practicing certified

16  geriatric specialty nursing, as defined in this section,

17  without holding an active certificate to do so constitutes a

18  felony of the third degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.

20         Section 128.  Paragraph (b) of subsection (1) of

21  section 381.00315, Florida Statutes, is amended to read:

22         381.00315  Public health advisories; public health

23  emergencies.--The State Health Officer is responsible for

24  declaring public health emergencies and issuing public health

25  advisories.

26         (1)  As used in this section, the term:

27         (b)  "Public health emergency" means any occurrence, or

28  threat thereof, whether natural or man made, which results or

29  may result in substantial injury or harm to the public health

30  from infectious disease, chemical agents, nuclear agents,

31  biological toxins, or situations involving mass casualties or


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 1  natural disasters. Prior to declaring a public health

 2  emergency, the State Health Officer shall, to the extent

 3  possible, consult with the Governor and shall notify the Chief

 4  of Domestic Security Initiatives as created in s. 943.03. The

 5  declaration of a public health emergency shall continue until

 6  the State Health Officer finds that the threat or danger has

 7  been dealt with to the extent that the emergency conditions no

 8  longer exist and he or she terminates the declaration.

 9  However, a declaration of a public health emergency may not

10  continue for longer than 60 days unless the Governor concurs

11  in the renewal of the declaration. The State Health Officer,

12  upon declaration of a public health emergency, may take

13  actions that are necessary to protect the public health. Such

14  actions include, but are not limited to:

15         1.  Directing manufacturers of prescription drugs or

16  over-the-counter drugs who are permitted under chapter 499 and

17  wholesalers of prescription drugs located in this state who

18  are permitted under chapter 499 to give priority to the

19  shipping of specified drugs to pharmacies and health care

20  providers within geographic areas that have been identified by

21  the State Health Officer. The State Health Officer must

22  identify the drugs to be shipped. Manufacturers and

23  wholesalers located in the state must respond to the State

24  Health Officer's priority shipping directive before shipping

25  the specified drugs.

26         2.  Notwithstanding chapters 465 and 499 and rules

27  adopted thereunder, directing pharmacists employed by the

28  department to compound bulk prescription drugs and provide

29  these bulk prescription drugs to physicians and nurses of

30  county health departments or any qualified person authorized

31  


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 1  by the State Health Officer for administration to persons as

 2  part of a prophylactic or treatment regimen.

 3         3.  Notwithstanding s. 456.036, temporarily

 4  reactivating the inactive license of the following health care

 5  practitioners, when such practitioners are needed to respond

 6  to the public health emergency: physicians licensed under

 7  chapter 458 or chapter 459; physician assistants licensed

 8  under chapter 458 or chapter 459; certified geriatric

 9  specialists certified under part I of chapter 464; licensed

10  practical nurses, registered nurses, and advanced registered

11  nurse practitioners licensed under part I of chapter 464;

12  respiratory therapists licensed under part V of chapter 468;

13  and emergency medical technicians and paramedics certified

14  under part III of chapter 401. Only those health care

15  practitioners specified in this paragraph who possess an

16  unencumbered inactive license and who request that such

17  license be reactivated are eligible for reactivation. An

18  inactive license that is reactivated under this paragraph

19  shall return to inactive status when the public health

20  emergency ends or prior to the end of the public health

21  emergency if the State Health Officer determines that the

22  health care practitioner is no longer needed to provide

23  services during the public health emergency. Such licenses may

24  only be reactivated for a period not to exceed 90 days without

25  meeting the requirements of s. 456.036 or chapter 401, as

26  applicable.

27         4.  Ordering an individual to be examined, tested,

28  vaccinated, treated, or quarantined for communicable diseases

29  that have significant morbidity or mortality and present a

30  severe danger to public health. Individuals who are unable or

31  unwilling to be examined, tested, vaccinated, or treated for


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 1  reasons of health, religion, or conscience may be subjected to

 2  quarantine.

 3         a.  Examination, testing, vaccination, or treatment may

 4  be performed by any qualified person authorized by the State

 5  Health Officer.

 6         b.  If the individual poses a danger to the public

 7  health, the State Health Officer may subject the individual to

 8  quarantine. If there is no practical method to quarantine the

 9  individual, the State Health Officer may use any means

10  necessary to vaccinate or treat the individual.

11  

12  Any order of the State Health Officer given to effectuate this

13  paragraph shall be immediately enforceable by a law

14  enforcement officer under s. 381.0012.

15         Section 129.  Subsection (14) of section 400.021,

16  Florida Statutes, is amended to read:

17         400.021  Definitions.--When used in this part, unless

18  the context otherwise requires, the term:

19         (14)  "Nursing service" means such services or acts as

20  may be rendered, directly or indirectly, to and in behalf of a

21  person by individuals as defined in ss. s. 464.003 and

22  464.0125.

23         Section 130.  Paragraphs (a) and (c) of subsection (3)

24  of section 400.23, Florida Statutes, are amended to read:

25         400.23  Rules; evaluation and deficiencies; licensure

26  status.--

27         (3)(a)  The agency shall adopt rules providing for the

28  minimum staffing requirements for nursing homes. These

29  requirements shall include, for each nursing home facility, a

30  minimum certified nursing assistant staffing of 2.3 hours of

31  direct care per resident per day beginning January 1, 2002,


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 1  increasing to 2.6 hours of direct care per resident per day

 2  beginning January 1, 2003, and increasing to 2.9 hours of

 3  direct care per resident per day beginning May 1, 2004.

 4  Beginning January 1, 2002, no facility shall staff below one

 5  certified nursing assistant per 20 residents, and a minimum

 6  licensed nursing staffing of 1.0 hour of direct resident care

 7  per resident per day but never below one licensed nurse per 40

 8  residents. For purposes of computing nursing staffing minimums

 9  and ratios, certified geriatric specialists shall be

10  considered licensed nursing staff. Nursing assistants employed

11  never below one licensed nurse per 40 residents. Nursing

12  assistants employed under s. 400.211(2) may be included in

13  computing the staffing ratio for certified nursing assistants

14  only if they provide nursing assistance services to residents

15  on a full-time basis. Each nursing home must document

16  compliance with staffing standards as required under this

17  paragraph and post daily the names of staff on duty for the

18  benefit of facility residents and the public. The agency shall

19  recognize the use of licensed nurses for compliance with

20  minimum staffing requirements for certified nursing

21  assistants, provided that the facility otherwise meets the

22  minimum staffing requirements for licensed nurses and that the

23  licensed nurses so recognized are performing the duties of a

24  certified nursing assistant. Unless otherwise approved by the

25  agency, licensed nurses counted towards the minimum staffing

26  requirements for certified nursing assistants must exclusively

27  perform the duties of a certified nursing assistant for the

28  entire shift and shall not also be counted towards the minimum

29  staffing requirements for licensed nurses. If the agency

30  approved a facility's request to use a licensed nurse to

31  perform both licensed nursing and certified nursing assistant


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 1  duties, the facility must allocate the amount of staff time

 2  specifically spent on certified nursing assistant duties for

 3  the purpose of documenting compliance with minimum staffing

 4  requirements for certified and licensed nursing staff. In no

 5  event may the hours of a licensed nurse with dual job

 6  responsibilities be counted twice.

 7         (c)  Licensed practical nurses licensed under chapter

 8  464 who are providing nursing services in nursing home

 9  facilities under this part may supervise the activities of

10  other licensed practical nurses, certified geriatric

11  specialists, certified nursing assistants, and other

12  unlicensed personnel providing services in such facilities in

13  accordance with rules adopted by the Board of Nursing.

14         Section 131.  Paragraph (b) of subsection (2) of

15  section 409.908, Florida Statutes, is amended to read:

16         409.908  Reimbursement of Medicaid providers.--Subject

17  to specific appropriations, the agency shall reimburse

18  Medicaid providers, in accordance with state and federal law,

19  according to methodologies set forth in the rules of the

20  agency and in policy manuals and handbooks incorporated by

21  reference therein.  These methodologies may include fee

22  schedules, reimbursement methods based on cost reporting,

23  negotiated fees, competitive bidding pursuant to s. 287.057,

24  and other mechanisms the agency considers efficient and

25  effective for purchasing services or goods on behalf of

26  recipients. If a provider is reimbursed based on cost

27  reporting and submits a cost report late and that cost report

28  would have been used to set a lower reimbursement rate for a

29  rate semester, then the provider's rate for that semester

30  shall be retroactively calculated using the new cost report,

31  and full payment at the recalculated rate shall be affected


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 1  retroactively. Medicare-granted extensions for filing cost

 2  reports, if applicable, shall also apply to Medicaid cost

 3  reports. Payment for Medicaid compensable services made on

 4  behalf of Medicaid eligible persons is subject to the

 5  availability of moneys and any limitations or directions

 6  provided for in the General Appropriations Act or chapter 216.

 7  Further, nothing in this section shall be construed to prevent

 8  or limit the agency from adjusting fees, reimbursement rates,

 9  lengths of stay, number of visits, or number of services, or

10  making any other adjustments necessary to comply with the

11  availability of moneys and any limitations or directions

12  provided for in the General Appropriations Act, provided the

13  adjustment is consistent with legislative intent.

14         (2)

15         (b)  Subject to any limitations or directions provided

16  for in the General Appropriations Act, the agency shall

17  establish and implement a Florida Title XIX Long-Term Care

18  Reimbursement Plan (Medicaid) for nursing home care in order

19  to provide care and services in conformance with the

20  applicable state and federal laws, rules, regulations, and

21  quality and safety standards and to ensure that individuals

22  eligible for medical assistance have reasonable geographic

23  access to such care.

24         1.  Changes of ownership or of licensed operator do not

25  qualify for increases in reimbursement rates associated with

26  the change of ownership or of licensed operator. The agency

27  shall amend the Title XIX Long Term Care Reimbursement Plan to

28  provide that the initial nursing home reimbursement rates, for

29  the operating, patient care, and MAR components, associated

30  with related and unrelated party changes of ownership or

31  


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 1  licensed operator filed on or after September 1, 2001, are

 2  equivalent to the previous owner's reimbursement rate.

 3         2.  The agency shall amend the long-term care

 4  reimbursement plan and cost reporting system to create direct

 5  care and indirect care subcomponents of the patient care

 6  component of the per diem rate. These two subcomponents

 7  together shall equal the patient care component of the per

 8  diem rate. Separate cost-based ceilings shall be calculated

 9  for each patient care subcomponent. The direct care

10  subcomponent of the per diem rate shall be limited by the

11  cost-based class ceiling, and the indirect care subcomponent

12  shall be limited by the lower of the cost-based class ceiling,

13  by the target rate class ceiling, or by the individual

14  provider target. The agency shall adjust the patient care

15  component effective January 1, 2002. The cost to adjust the

16  direct care subcomponent shall be net of the total funds

17  previously allocated for the case mix add-on. The agency shall

18  make the required changes to the nursing home cost reporting

19  forms to implement this requirement effective January 1, 2002.

20         3.  The direct care subcomponent shall include salaries

21  and benefits of direct care staff providing nursing services

22  including registered nurses, licensed practical nurses,

23  certified geriatric specialists certified under part I of

24  chapter 464, and certified nursing assistants who deliver care

25  directly to residents in the nursing home facility. This

26  excludes nursing administration, MDS, and care plan

27  coordinators, staff development, and staffing coordinator.

28         4.  All other patient care costs shall be included in

29  the indirect care cost subcomponent of the patient care per

30  diem rate. There shall be no costs directly or indirectly

31  


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 1  allocated to the direct care subcomponent from a home office

 2  or management company.

 3         5.  On July 1 of each year, the agency shall report to

 4  the Legislature direct and indirect care costs, including

 5  average direct and indirect care costs per resident per

 6  facility and direct care and indirect care salaries and

 7  benefits per category of staff member per facility.

 8         6.  In order to offset the cost of general and

 9  professional liability insurance, the agency shall amend the

10  plan to allow for interim rate adjustments to reflect

11  increases in the cost of general or professional liability

12  insurance for nursing homes. This provision shall be

13  implemented to the extent existing appropriations are

14  available.

15  

16  It is the intent of the Legislature that the reimbursement

17  plan achieve the goal of providing access to health care for

18  nursing home residents who require large amounts of care while

19  encouraging diversion services as an alternative to nursing

20  home care for residents who can be served within the

21  community. The agency shall base the establishment of any

22  maximum rate of payment, whether overall or component, on the

23  available moneys as provided for in the General Appropriations

24  Act. The agency may base the maximum rate of payment on the

25  results of scientifically valid analysis and conclusions

26  derived from objective statistical data pertinent to the

27  particular maximum rate of payment.

28         Section 132.  Subsection (1) and paragraph (a) of

29  subsection (2) of section 1009.65, Florida Statutes, are

30  amended to read:

31  


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 1         1009.65  Medical Education Reimbursement and Loan

 2  Repayment Program.--

 3         (1)  To encourage qualified medical professionals to

 4  practice in underserved locations where there are shortages of

 5  such personnel, there is established the Medical Education

 6  Reimbursement and Loan Repayment Program. The function of the

 7  program is to make payments that offset loans and educational

 8  expenses incurred by students for studies leading to a medical

 9  or nursing degree, medical or nursing licensure, or advanced

10  registered nurse practitioner certification or physician

11  assistant licensure. The following licensed or certified

12  health care professionals are eligible to participate in this

13  program: medical doctors with primary care specialties,

14  doctors of osteopathic medicine with primary care specialties,

15  physician's assistants, certified geriatric specialists

16  certified under part I of chapter 464, licensed practical

17  nurses and registered nurses, and advanced registered nurse

18  practitioners with primary care specialties such as certified

19  nurse midwives. Primary care medical specialties for

20  physicians include obstetrics, gynecology, general and family

21  practice, internal medicine, pediatrics, and other specialties

22  which may be identified by the Department of Health.

23         (2)  From the funds available, the Department of Health

24  shall make payments to selected medical professionals as

25  follows:

26         (a)  Up to $4,000 per year for certified geriatric

27  specialists certified under part I of chapter 464, licensed

28  practical nurses, and registered nurses, up to $10,000 per

29  year for advanced registered nurse practitioners and

30  physician's assistants, and up to $20,000 per year for

31  physicians.  Penalties for noncompliance shall be the same as


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 1  those in the National Health Services Corps Loan Repayment

 2  Program. Educational expenses include costs for tuition,

 3  matriculation, registration, books, laboratory and other fees,

 4  other educational costs, and reasonable living expenses as

 5  determined by the Department of Health.

 6         Section 133.  Subsection (2) of section 1009.66,

 7  Florida Statutes, is amended to read:

 8         1009.66  Nursing Student Loan Forgiveness Program.--

 9         (2)  To be eligible, a candidate must have graduated

10  from an accredited or approved nursing program and have

11  received a Florida license as a licensed practical nurse, a

12  certified geriatric specialist certified under part I of

13  chapter 464, or a registered nurse or a Florida certificate as

14  an advanced registered nurse practitioner.

15         Section 134.  The sum of $157,017 is appropriated from

16  the General Revenue Fund to the Agency for Workforce

17  Innovation to support the work of the Certified Geriatric

18  Specialty Nursing Initiative Steering Committee, to administer

19  the pilot sites, to contract for an evaluation, and to the

20  extent that funds are available, and if necessary, to provide

21  nursing faculty, substitute certified nursing assistants for

22  those who are in clinical education, and technical support to

23  the pilot sites during the 2004-2005 fiscal year.

24         Section 135.  Subsections (3) and (4) of section

25  400.9905, Florida Statutes, are amended, and subsections (5)

26  and (6) are added to that section, to read:

27         400.9905  Definitions.--

28         (3)  "Clinic" means an entity at which health care

29  services are provided to individuals and which tenders charges

30  for reimbursement for such services, including a mobile clinic

31  and a portable equipment provider. For purposes of this part,


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 1  the term does not include and the licensure requirements of

 2  this part do not apply to:

 3         (a)  Entities licensed or registered by the state under

 4  chapter 395; or entities licensed or registered by the state

 5  and providing only health care services within the scope of

 6  services authorized under their respective licenses granted

 7  under ss. 383.30-383.335, chapter 390, chapter 394, chapter

 8  395, chapter 397, this chapter except part XIII, chapter 463,

 9  chapter 465, chapter 466, chapter 478, part I of chapter 483

10  480, chapter 484, or chapter 651, end-stage renal disease

11  providers authorized under 42 C.F.R. part 405, subpart U, or

12  providers certified under 42 C.F.R. part 485, subpart B or

13  subpart H, or any entity that provides neonatal or pediatric

14  hospital-based healthcare services by licensed practitioners

15  solely within a hospital licensed under chapter 395.

16         (b)  Entities that own, directly or indirectly,

17  entities licensed or registered by the state pursuant to

18  chapter 395; or entities that own, directly or indirectly,

19  entities licensed or registered by the state and providing

20  only health care services within the scope of services

21  authorized pursuant to their respective licenses granted under

22  ss. 383.30-383.335, chapter 390, chapter 394, chapter 395,

23  chapter 397, this chapter except part XIII, chapter 463,

24  chapter 465, chapter 466, chapter 478, part I of chapter 483

25  480, chapter 484, or chapter 651, end-stage renal disease

26  providers authorized under 42 C.F.R. part 405, subpart U, or

27  providers certified under 42 C.F.R. part 485, subpart B or

28  subpart H, or any entity that provides neonatal or pediatric

29  hospital-based healthcare services by licensed practitioners

30  solely within a hospital licensed under chapter 395.

31  


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 1         (c)  Entities that are owned, directly or indirectly,

 2  by an entity licensed or registered by the state pursuant to

 3  chapter 395; or entities that are owned, directly or

 4  indirectly, by an entity licensed or registered by the state

 5  and providing only health care services within the scope of

 6  services authorized pursuant to their respective licenses

 7  granted under ss. 383.30-383.335, chapter 390, chapter 394,

 8  chapter 395, chapter 397, this chapter except part XIII,

 9  chapter 463, chapter 465, chapter 466, chapter 478, part I of

10  chapter 483 480, chapter 484, or chapter 651, end-stage renal

11  disease providers authorized under 42 C.F.R. part 405, subpart

12  U, or providers certified under 42 C.F.R. part 485, subpart B

13  or subpart H, or any entity that provides neonatal or

14  pediatric hospital-based healthcare services by licensed

15  practitioners solely within a hospital licensed under chapter

16  395.

17         (d)  Entities that are under common ownership, directly

18  or indirectly, with an entity licensed or registered by the

19  state pursuant to chapter 395; or entities that are under

20  common ownership, directly or indirectly, with an entity

21  licensed or registered by the state and providing only health

22  care services within the scope of services authorized pursuant

23  to its respective license granted under ss. 383.30-383.335,

24  chapter 390, chapter 394, chapter 395, chapter 397, this

25  chapter except part XIII, chapter 463, chapter 465, chapter

26  466, chapter 478, part I of chapter 483 480, chapter 484, or

27  chapter 651, end-stage renal disease providers authorized

28  under 42 C.F.R. part 405, subpart U, or providers certified

29  under 42 C.F.R. part 485, subpart B or subpart H, or any

30  entity that provides neonatal or pediatric hospital-based

31  


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 1  services by licensed practitioners solely within a hospital

 2  licensed under chapter 395.

 3         (e)  An entity that is exempt from federal taxation

 4  under 26 U.S.C. s. 501(c)(3) or s. 501(c)(4), and any

 5  community college or university clinic, and any entity owned

 6  or operated by federal or state government, including

 7  agencies, subdivisions, or municipalities thereof.

 8         (f)  A sole proprietorship, group practice,

 9  partnership, or corporation that provides health care services

10  by physicians covered by s. 627.419, that is directly

11  supervised by one or more of such physicians, and that is

12  wholly owned by one or more of those physicians or by a

13  physician and the spouse, parent, child, or sibling of that

14  physician.

15         (g)(f)  A sole proprietorship, group practice,

16  partnership, or corporation that provides health care services

17  by licensed health care practitioners under chapter 457,

18  chapter 458, chapter 459, chapter 460, chapter 461, chapter

19  462, chapter 463, chapter 466, chapter 467, chapter 480,

20  chapter 484, chapter 486, chapter 490, chapter 491, or part I,

21  part III, part X, part XIII, or part XIV of chapter 468, or s.

22  464.012, which are wholly owned by one or more a licensed

23  health care practitioners practitioner, or the licensed health

24  care practitioners set forth in this paragraph practitioner

25  and the spouse, parent, or child, or sibling of a licensed

26  health care practitioner, so long as one of the owners who is

27  a licensed health care practitioner is supervising the

28  services performed therein and is legally responsible for the

29  entity's compliance with all federal and state laws. However,

30  a health care practitioner may not supervise services beyond

31  the scope of the practitioner's license, except that, for the


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 1  purposes of this part, a clinic owned by a licensee in s.

 2  456.053(3)(b) that provides only services authorized pursuant

 3  to s. 456.053(3)(b) may be supervised by a licensee specified

 4  in s. 456.053(3)(b).

 5         (h)(g)  Clinical facilities affiliated with an

 6  accredited medical school at which training is provided for

 7  medical students, residents, or fellows.

 8         (i)  Entities that provide only oncology or radiation

 9  therapy services by physicians licensed under chapter 458 or

10  459.

11         (4)  "Medical director" means a physician who is

12  employed or under contract with a clinic and who maintains a

13  full and unencumbered physician license in accordance with

14  chapter 458, chapter 459, chapter 460, or chapter 461.

15  However, if the clinic does not provide services pursuant to

16  the respective physician practice acts listed in this

17  subsection, it is limited to providing health care services

18  pursuant to chapter 457, chapter 484, chapter 486, chapter

19  490, or chapter 491 or part I, part III, part X, part XIII, or

20  part XIV of chapter 468, the clinic may appoint a

21  Florida-licensed health care practitioner who does not provide

22  services pursuant to the respective physician practice acts

23  listed in this subsection licensed under that chapter to serve

24  as a clinic director who is responsible for the clinic's

25  activities. A health care practitioner may not serve as the

26  clinic director if the services provided at the clinic are

27  beyond the scope of that practitioner's license, except that a

28  licensee specified in s. 456.053(3)(b) that provides only

29  services authorized pursuant to s. 456.053(3)(b) may serve as

30  clinic director of an entity providing services as specified

31  in s. 456.053(3)(b).


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 1         (5)  "Mobile clinic" means a movable or detached

 2  self-contained health care unit within or from which direct

 3  health care services are provided to individuals and that

 4  otherwise meets the definition of a clinic in subsection (3).

 5         (6)  "Portable equipment provider" means an entity that

 6  contracts with or employs persons to provide portable

 7  equipment to multiple locations performing treatment or

 8  diagnostic testing of individuals, that bills third-party

 9  payors for those services, and that otherwise meets the

10  definition of a clinic in subsection (3).

11         Section 136.  The creation of paragraph 400.9905(3)(i),

12  Florida Statutes, by this act is intended to clarify the

13  legislative intent of this provision as it existed at the time

14  the provision initially took effect as section 456.0375(1)(b),

15  Florida Statutes, and paragraph 400.9905(3)(i), Florida

16  Statutes, as created by this act, shall operate retroactively

17  to October 1, 2001. Nothing in this section shall be construed

18  as amending, modifying, limiting, or otherwise affecting in

19  any way the legislative intent, scope, terms, prohibition, or

20  requirements of section 456.053, Florida Statutes.

21         Section 137.  Subsections (1), (2), and (3) and

22  paragraphs (a) and (b) of subsection (7) of section 400.991,

23  Florida Statutes, are amended to read:

24         400.991  License requirements; background screenings;

25  prohibitions.--

26         (1)(a)  Each clinic, as defined in s. 400.9905, must be

27  licensed and shall at all times maintain a valid license with

28  the agency. Each clinic location shall be licensed separately

29  regardless of whether the clinic is operated under the same

30  business name or management as another clinic.

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 1         (b)  Each mobile clinic must obtain a separate health

 2  care clinic license and clinics must provide to the agency, at

 3  least quarterly, its their projected street location locations

 4  to enable the agency to locate and inspect such clinic

 5  clinics. A portable equipment provider must obtain a health

 6  care clinic license for a single administrative office and is

 7  not required to submit quarterly projected street locations.

 8         (2)  The initial clinic license application shall be

 9  filed with the agency by all clinics, as defined in s.

10  400.9905, on or before July March 1, 2004. A clinic license

11  must be renewed biennially.

12         (3)  Applicants that submit an application on or before

13  July March 1, 2004, which meets all requirements for initial

14  licensure as specified in this section shall receive a

15  temporary license until the completion of an initial

16  inspection verifying that the applicant meets all requirements

17  in rules authorized by s. 400.9925. However, a clinic engaged

18  in magnetic resonance imaging services may not receive a

19  temporary license unless it presents evidence satisfactory to

20  the agency that such clinic is making a good faith effort and

21  substantial progress in seeking accreditation required under

22  s. 400.9935.

23         (7)  Each applicant for licensure shall comply with the

24  following requirements:

25         (a)  As used in this subsection, the term "applicant"

26  means individuals owning or controlling, directly or

27  indirectly, 5 percent or more of an interest in a clinic; the

28  medical or clinic director, or a similarly titled person who

29  is responsible for the day-to-day operation of the licensed

30  clinic; the financial officer or similarly titled individual

31  who is responsible for the financial operation of the clinic;


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 1  and licensed health care practitioners medical providers at

 2  the clinic.

 3         (b)  Upon receipt of a completed, signed, and dated

 4  application, the agency shall require background screening of

 5  the applicant, in accordance with the level 2 standards for

 6  screening set forth in chapter 435. Proof of compliance with

 7  the level 2 background screening requirements of chapter 435

 8  which has been submitted within the previous 5 years in

 9  compliance with any other health care licensure requirements

10  of this state is acceptable in fulfillment of this paragraph.

11  Applicants who own less than 10 percent of a health care

12  clinic are not required to submit fingerprints under this

13  section.

14         Section 138.  Subsections (9) and (11) of section

15  400.9935, Florida Statutes, are amended to read:

16         400.9935  Clinic responsibilities.--

17         (9)  Any person or entity providing health care

18  services which is not a clinic, as defined under s. 400.9905,

19  may voluntarily apply for a certificate of exemption from

20  licensure under its exempt status with the agency on a form

21  that sets forth its name or names and addresses, a statement

22  of the reasons why it cannot be defined as a clinic, and other

23  information deemed necessary by the agency. An exemption is

24  not transferable. The agency may charge an applicant for a

25  certificate of exemption $100 or the actual cost, whichever is

26  less, for processing the certificate.

27         (11)(a)  Each clinic engaged in magnetic resonance

28  imaging services must be accredited by the Joint Commission on

29  Accreditation of Healthcare Organizations, the American

30  College of Radiology, or the Accreditation Association for

31  Ambulatory Health Care, within 1 year after licensure.


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 1  However, a clinic may request a single, 6-month extension if

 2  it provides evidence to the agency establishing that, for good

 3  cause shown, such clinic can not be accredited within 1 year

 4  after licensure, and that such accreditation will be completed

 5  within the 6-month extension. After obtaining accreditation as

 6  required by this subsection, each such clinic must maintain

 7  accreditation as a condition of renewal of its license.

 8         (b)  The agency may deny disallow the application or

 9  revoke the license of any entity formed for the purpose of

10  avoiding compliance with the accreditation provisions of this

11  subsection and whose principals were previously principals of

12  an entity that was unable to meet the accreditation

13  requirements within the specified timeframes. The agency may

14  adopt rules as to the accreditation of magnetic resonance

15  imaging clinics.

16         Section 139.  Subsections (1) and (3) of section

17  400.995, Florida Statutes, are amended, and subsection (10) is

18  added to said section, to read:

19         400.995  Agency administrative penalties.--

20         (1)  The agency may deny the application for a license

21  renewal, revoke or suspend the license, and impose

22  administrative fines penalties against clinics of up to $5,000

23  per violation for violations of the requirements of this part

24  or rules of the agency. In determining if a penalty is to be

25  imposed and in fixing the amount of the fine, the agency shall

26  consider the following factors:

27         (a)  The gravity of the violation, including the

28  probability that death or serious physical or emotional harm

29  to a patient will result or has resulted, the severity of the

30  action or potential harm, and the extent to which the

31  provisions of the applicable laws or rules were violated.


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 1         (b)  Actions taken by the owner, medical director, or

 2  clinic director to correct violations.

 3         (c)  Any previous violations.

 4         (d)  The financial benefit to the clinic of committing

 5  or continuing the violation.

 6         (3)  Any action taken to correct a violation shall be

 7  documented in writing by the owner, medical director, or

 8  clinic director of the clinic and verified through followup

 9  visits by agency personnel. The agency may impose a fine and,

10  in the case of an owner-operated clinic, revoke or deny a

11  clinic's license when a clinic medical director or clinic

12  director knowingly fraudulently misrepresents actions taken to

13  correct a violation.

14         (10)  If the agency issues a notice of intent to deny a

15  license application after a temporary license has been issued

16  pursuant to s. 400.991(3), the temporary license shall expire

17  on the date of the notice and may not be extended during any

18  proceeding for administrative or judicial review pursuant to

19  chapter 120.

20         Section 140.  The agency shall refund 90 percent of the

21  license application fee to applicants that submitted their

22  health care clinic licensure fees and applications but were

23  subsequently exempted from licensure by this act.

24         Section 141.  Any person or entity defined as a clinic

25  under section 400.9905, Florida Statutes, shall not be in

26  violation of part XIII of chapter 400, Florida Statutes, due

27  to failure to apply for a clinic license by March 1, 2004, as

28  previously required by section 400.991, Florida Statutes.

29  Payment to any such person or entity by an insurer or other

30  person liable for payment to such person or entity may not be

31  


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 1  denied on the grounds that the person or entity failed to

 2  apply for or obtain a clinic license before March 1, 2004.

 3         Section 142.  Except for this section and sections

 4  135-141, which shall take effect upon becoming a law, and

 5  except that section 136 shall apply retroactively to March 1,

 6  2004, this act shall take effect July 1, 2004.

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