HB 1897

1
A bill to be entitled
2An act relating to the regulation of health care
3professionals; amending s. 456.013, F.S.; deleting the
4requirement that the Department of Health issue wall
5certificates; requiring licensees with licenses issued in
6error to surrender certain documents to the department;
7amending s. 456.017, F.S.; specifying that a state-
8developed test is not permitted if a national examination
9has been certified by the department; clarifying the
10limitation on who may challenge the validity of an
11examination; permitting the department to post examination
12scores on the Internet; amending s. 456.025, F.S.;
13deleting an obsolete provision; amending s. 456.036, F.S.;
14providing for a retired license status and providing a fee
15for such status; authorizing the department to reexamine
16certain licensees under certain circumstances; providing
17requirements for retired status licensees to reactivate
18their licenses; amending s. 464.201, F.S.; defining
19"practice of a certified nursing assistant"; amending s.
20464.202, F.S.; requiring the Board of Nursing to adopt
21rules to specify the scope of practice for certified
22nursing assistants; amending s. 464.203, F.S.; providing
23for the renewal of nursing assistant certification;
24providing for a fee; reducing the hours of inservice
25training required of certified nursing assistants;
26requiring certification as a nursing assistant to be
27renewed and authorizing a fee for such renewal; requiring
28the department to adopt rules regarding such renewal;
29providing that certificates not renewed by a specified
30date are void; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsection (2) of section 456.013, Florida
35Statutes, is amended to read:
36     456.013  Department; general licensing provisions.--
37     (2)  Before the issuance of any license, the department
38shall charge an initial license fee as determined by the
39applicable board or, if there is no such board exists, by rule
40of the department. Upon receipt of the appropriate license fee,
41the department shall issue a license to any person certified by
42the appropriate board, or its designee, as having met the
43licensure requirements imposed by law or rule. The license shall
44consist of a wallet-size identification card and a wall card
45measuring 6 1/2 inches by 5 inches. In addition to the two-part
46license, the department, at the time of initial licensure, shall
47issue a wall certificate suitable for conspicuous display, which
48shall be no smaller than 8 1/2 inches by 14 inches. The licensee
49shall surrender to the department the wallet-size identification
50card and, the wall card, and the wall certificate, if one has
51been issued by the department, if the licensee's license was
52issued in error or is revoked.
53     Section 2.  Paragraph (c) of subsection (1) and subsection
54(2) of section 456.017, Florida Statutes, are amended, and
55subsection (7) is added to said section, to read:
56     456.017  Examinations.--
57     (1)
58     (c)1.  The board, or the department when there is no board,
59shall approve by rule the use of one or more national
60examinations which the department has certified as meeting
61requirements of national examinations and generally accepted
62testing standards pursuant to department rules.
63     1.  Providers of examinations seeking certification by the
64department shall pay the actual costs incurred by the department
65in making a determination regarding the certification. The name
66and number of a candidate may be provided to a national
67contractor for the limited purpose of preparing the grade tape
68and information to be returned to the board or department; or,
69to the extent otherwise specified by rule, the candidate may
70apply directly to the vendor of the national examination and
71supply test score information to the department. The department
72may delegate to the board the duty to provide and administer the
73examination. Any national examination approved by a board, or
74the department when there is no board, prior to October 1, 1997,
75is deemed certified under this paragraph.
76     2.  The board, or the department when there is no board,
77shall approve and begin administering a national examination no
78later than December 31, 2001. Neither the board nor the
79department may administer a state-developed written examination
80if a national examination has been certified by the department
81after December 31, 2001, notwithstanding any other provision of
82law. The examination may be administered electronically if
83adequate security measures are used, as determined by rule of
84the department.
85     3.  The board, or the department when there is no board,
86may administer a state-developed practical or clinical
87examination, as required by the applicable practice act, if all
88costs of development, purchase, validation, administration,
89review, and defense are paid by the examination candidate prior
90to the administration of the examination. If a national
91practical or clinical examination is available and certified by
92the department pursuant to this section, the board, or the
93department when there is no board, may administer the national
94examination.
95     4.  It is the intent of the Legislature to reduce the costs
96associated with state examinations and to encourage the use of
97national examinations whenever possible.
98     (2)  For each examination developed by the department or a
99contracted vendor, the board, or the department when there is no
100board, shall adopt rules providing for reexamination of any
101applicants who failed an examination developed by the department
102or a contracted vendor. If both a written and a practical
103examination are given, an applicant shall be required to retake
104only the portion of the examination on which the applicant
105failed to achieve a passing grade, if the applicant successfully
106passes that portion within a reasonable time, as determined by
107rule of the board, or the department when there is no board, of
108passing the other portion. Except for national examinations
109approved and administered pursuant to this section, the
110department shall provide procedures for applicants who fail an
111examination developed by the department or a contracted vendor
112to review their examination questions, answers, papers, grades,
113and grading key for the questions the candidate answered
114incorrectly or, if not feasible, the parts of the examination
115failed. Applicants shall bear the actual cost for the department
116to provide examination review pursuant to this subsection. An
117applicant may waive in writing the confidentiality of the
118applicant's examination grades. Notwithstanding any other
119provisions, only candidates who fail an examination with a score
120that is by less than 10 percent below the minimum score required
121to pass the examination shall be entitled to challenge the
122validity of the examination at hearing.
123     (7)  The department may post examination scores
124electronically on the Internet in lieu of mailing the scores to
125each applicant. Such electronic posting of the examination
126scores meets the requirements of chapter 120 if the department
127also posts with the examination scores a notification of rights
128as set forth in chapter 120. The date of receipt for purposes of
129chapter 120 shall be the date the examination scores are posted
130electronically. The department shall also notify the examinee
131when scores are posted electronically of the availability of a
132postexamination review, if applicable.
133     Section 3.  Subsections (5) through (11) of section
134456.025, Florida Statutes, are renumbered as subsections (4)
135through (10), respectively, and present subsection (4) of said
136section is amended to read:
137     456.025  Fees; receipts; disposition.--
138     (4)  Each board, or the department if there is no board,
139may charge a fee not to exceed $25, as determined by rule, for
140the issuance of a wall certificate pursuant to s. 456.013(2)
141requested by a licensee who was licensed prior to July 1, 1998,
142or for the issuance of a duplicate wall certificate requested by
143any licensee.
144     Section 4.  Subsections (1), (2), and (4) of section
145456.036, Florida Statutes, are amended, subsections (10), (12),
146and (13) are renumbered as subsections (11), (14), and (15),
147respectively, present subsection (11) is renumbered as
148subsection (13) and amended, and new subsections (10) and (12)
149are added to said section, to read:
150     456.036  Licenses; active, and inactive, and retired
151status; delinquency.--
152     (1)  A licensee may practice a profession only if the
153licensee has an active status license. A licensee who practices
154a profession with an inactive status, retired status, or
155delinquent without an active status license is in violation of
156this section and s. 456.072, and the board, or the department if
157there is no board, may impose discipline on the licensee.
158     (2)  Each board, or the department if there is no board,
159shall permit a licensee to choose, at the time of licensure
160renewal, an active, or inactive, or retired status.
161     (4)  Notwithstanding any other provision of law to the
162contrary, a licensee may change licensure status at any time.
163     (a)  Active status licensees choosing inactive status at
164the time of license renewal must pay the inactive status renewal
165fee, and, if applicable, the delinquency fee and the fee to
166change licensure status. Active status licensees choosing
167inactive status at any other time than at the time of license
168renewal must pay the fee to change licensure status.
169     (b)  Active status or inactive status licensees choosing
170retired status at the time of license renewal must pay the
171retired status fee, not to exceed $50, as established by rule of
172the board, or the department if there is no board. Active status
173or inactive status licensees choosing retired status at any
174other time than at the time of license renewal must pay the
175retired status fee plus the fee to change licensure status.
176     (c)(b)  An inactive status licensee may change to active
177status at any time, if the licensee meets all requirements for
178active status. Inactive status licensees choosing active status
179at the time of license renewal must pay the active status
180renewal fee, any applicable reactivation fees as set by the
181board, or the department if there is no board, and, if
182applicable, the delinquency fee and the fee to change licensure
183status. Inactive status licensees choosing active status at any
184other time than at the time of license renewal must pay the
185difference between the inactive status renewal fee and the
186active status renewal fee, if any exists, any applicable
187reactivation fees as set by the board, or the department if
188there is no board, and the fee to change licensure status.
189     (10)  Each board, or the department if there is no board,
190may by rule impose reasonable conditions, including full
191reexamination to assess current competency, necessary to ensure
192that a licensee who has been on retired status for more than 5
193years or a licensee from another state who has not been in
194active practice within the past 5 years and who applies for
195active status is able to practice with the care and skill
196sufficient to protect the health, safety, and welfare of the
197public. Reactivation requirements may differ depending on the
198length of time licensees are retired.
199     (12)  Before reactivation, a retired status licensee must
200meet the same continuing education requirements, if any, and pay
201any renewal fees imposed on active status licensees for all
202biennial licensure periods in which the licensee was in retired
203status.
204     (13)(11)  The status or a change in status of a licensee
205does not alter in any way the right of the board, or of the
206department if there is no board, to impose discipline or to
207enforce discipline previously imposed on a licensee for acts or
208omissions committed by the licensee while holding a license,
209whether active, inactive, retired, or delinquent.
210     Section 5.  Subsection (5) of section 464.201, Florida
211Statutes, is renumbered as subsection (6), and a new subsection
212(5) is added to said section to read:
213     464.201  Definitions.--As used in this part, the term:
214     (5)  "Practice of a certified nursing assistant" means the
215provision of care and assistance with tasks relating to the
216activities of daily living. Such tasks are those associated with
217personal care, maintaining mobility, nutrition and hydration,
218toileting and elimination, assistive devices, safety and
219cleanliness, data gathering, reporting abnormal signs and
220symptoms, postmortem care, patient socialization and reality
221orientation, end-of-life care, cardiopulmonary resuscitation and
222emergency care, residents' or patients' rights, documentation of
223nursing assistant services, and other tasks that a certified
224nursing assistant may perform after training beyond that
225required for initial certification and upon validation of
226competence in that skill by the registered nurse. This
227subsection does not restrict the ability of any person who is
228otherwise trained and educated from performing such tasks.
229     Section 6.  Section 464.202, Florida Statutes, is amended
230to read:
231     464.202  Duties and powers of the board.--The board shall
232maintain, or contract with or approve another entity to
233maintain, a state registry of certified nursing assistants. The
234registry must consist of the name of each certified nursing
235assistant in this state; other identifying information defined
236by board rule; certification status; the effective date of
237certification; other information required by state or federal
238law; information regarding any crime or any abuse, neglect, or
239exploitation as provided under chapter 435; and any disciplinary
240action taken against the certified nursing assistant. The
241registry shall be accessible to the public, the
242certificateholder, employers, and other state agencies. The
243board shall adopt by rule testing procedures for use in
244certifying nursing assistants and shall adopt rules regulating
245the practice of certified nursing assistants that specify the
246scope of practice authorized and the level of supervision
247required for the practice of certified nursing assistants to
248enforce this part. The board may contract with or approve
249another entity or organization to provide the examination
250services, including the development and administration of
251examinations. The board shall require that the contract provider
252offer certified nursing assistant applications via the Internet,
253and may require the contract provider to accept certified
254nursing assistant applications for processing via the Internet.
255The board shall require the contract provider to provide the
256preliminary results of the certified nursing examination on the
257date the test is administered. The provider shall pay all
258reasonable costs and expenses incurred by the board in
259evaluating the provider's application and performance during the
260delivery of services, including examination services and
261procedures for maintaining the certified nursing assistant
262registry.
263     Section 7.  Subsections (5) and (7) of section 464.203,
264Florida Statutes, are amended, and subsection (8) is added to
265said section, to read:
266     464.203  Certified nursing assistants; certification
267requirement.--
268     (5)  Certification as a nursing assistant, in accordance
269with this part, may be renewed continues in effect until such
270time as the nursing assistant allows a period of 24 consecutive
271months to pass during which period the nursing assistant fails
272to perform any nursing-related services for monetary
273compensation. When a nursing assistant fails to perform any
274nursing-related services for monetary compensation for a period
275of 24 consecutive months, the nursing assistant must complete a
276new training and competency evaluation program or a new
277competency evaluation program.
278     (7)  A certified nursing assistant shall complete 12 18
279hours of inservice training during each calendar year. The
280certified nursing assistant shall be responsible for maintaining
281documentation demonstrating compliance with these provisions.
282The Council on Certified Nursing Assistants, in accordance with
283s. 464.2085(2)(b), shall propose rules to implement this
284subsection.
285     (8)  The department shall renew a certificate upon receipt
286of the renewal application and receipt of a fee. The department
287shall adopt rules establishing a procedure for the biennial
288renewal of certificates and the imposition of a fee of not less
289than $20 and not more than $50 biennially. Any certificate not
290renewed by July 1, 2006, is void.
291     Section 8.  This act shall take effect July 1, 2005.


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