Amendment
Bill No. 0410
Amendment No. 047605
CHAMBER ACTION
Senate House
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1Representative Bean offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (2) of section 456.013, Florida
6Statutes, is amended to read:
7     456.013  Department; general licensing provisions.--
8     (2)  Before the issuance of any license, the department
9shall charge an initial license fee as determined by the
10applicable board or, if there is no such board exists, by rule
11of the department. Upon receipt of the appropriate license fee,
12the department shall issue a license to any person certified by
13the appropriate board, or its designee, as having met the
14licensure requirements imposed by law or rule. The license shall
15consist of a wallet-size identification card and a wall card
16measuring 6 1/2 inches by 5 inches. In addition to the two-part
17license, the department, at the time of initial licensure, shall
18issue a wall certificate suitable for conspicuous display, which
19shall be no smaller than 8 1/2 inches by 14 inches. The licensee
20shall surrender to the department the wallet-size identification
21card and, the wall card, and the wall certificate, if one has
22been issued by the department, if the licensee's license was
23issued in error or is revoked.
24     Section 2.  Paragraph (c) of subsection (1) and subsection
25(2) of section 456.017, Florida Statutes, are amended, and
26subsection (7) is added to said section, to read:
27     456.017  Examinations.--
28     (1)
29     (c)1.  The board, or the department when there is no board,
30shall approve by rule the use of one or more national
31examinations which the department has certified as meeting
32requirements of national examinations and generally accepted
33testing standards pursuant to department rules.
34     1.  Providers of examinations seeking certification by the
35department shall pay the actual costs incurred by the department
36in making a determination regarding the certification. The name
37and number of a candidate may be provided to a national
38contractor for the limited purpose of preparing the grade tape
39and information to be returned to the board or department; or,
40to the extent otherwise specified by rule, the candidate may
41apply directly to the vendor of the national examination and
42supply test score information to the department. The department
43may delegate to the board the duty to provide and administer the
44examination. Any national examination approved by a board, or
45the department when there is no board, prior to October 1, 1997,
46is deemed certified under this paragraph.
47     2.  The board, or the department when there is no board,
48shall approve and begin administering a national examination no
49later than December 31, 2001. Neither the board nor the
50department may administer a state-developed written examination
51if a national examination has been certified by the department
52after December 31, 2001, notwithstanding any other provision of
53law. The examination may be administered electronically if
54adequate security measures are used, as determined by rule of
55the department.
56     3.  The board, or the department when there is no board,
57may administer a state-developed practical or clinical
58examination, as required by the applicable practice act, if all
59costs of development, purchase, validation, administration,
60review, and defense are paid by the examination candidate prior
61to the administration of the examination. If a national
62practical or clinical examination is available and certified by
63the department pursuant to this section, the board, or the
64department when there is no board, may administer the national
65examination.
66     4.  It is the intent of the Legislature to reduce the costs
67associated with state examinations and to encourage the use of
68national examinations whenever possible.
69     (2)  For each examination developed by the department or a
70contracted vendor, the board, or the department when there is no
71board, shall adopt rules providing for reexamination of any
72applicants who failed an examination developed by the department
73or a contracted vendor. If both a written and a practical
74examination are given, an applicant shall be required to retake
75only the portion of the examination on which the applicant
76failed to achieve a passing grade, if the applicant successfully
77passes that portion within a reasonable time, as determined by
78rule of the board, or the department when there is no board, of
79passing the other portion. Except for national examinations
80approved and administered pursuant to this section, the
81department shall provide procedures for applicants who fail an
82examination developed by the department or a contracted vendor
83to review their examination questions, answers, papers, grades,
84and grading key for the questions the candidate answered
85incorrectly or, if not feasible, the parts of the examination
86failed. Applicants shall bear the actual cost for the department
87to provide examination review pursuant to this subsection. An
88applicant may waive in writing the confidentiality of the
89applicant's examination grades. Notwithstanding any other
90provisions, only candidates who fail an examination with a score
91that is by less than 10 percent below the minimum score required
92to pass the examination shall be entitled to challenge the
93validity of the examination at hearing.
94     (7)  The department may post examination scores
95electronically on the Internet in lieu of mailing the scores to
96each applicant. Such electronic posting of the examination
97scores meets the requirements of chapter 120 if the department
98also posts with the examination scores a notification of rights
99as set forth in chapter 120. The date of receipt for purposes of
100chapter 120 shall be the date the examination scores are posted
101electronically. The department shall also notify the examinee
102when scores are posted electronically of the availability of a
103postexamination review, if applicable.
104     Section 3.  Subsections (5) through (11) of section
105456.025, Florida Statutes, are renumbered as subsections (4)
106through (10), respectively, and present subsection (4) of said
107section is amended to read:
108     456.025  Fees; receipts; disposition.--
109     (4)  Each board, or the department if there is no board,
110may charge a fee not to exceed $25, as determined by rule, for
111the issuance of a wall certificate pursuant to s. 456.013(2)
112requested by a licensee who was licensed prior to July 1, 1998,
113or for the issuance of a duplicate wall certificate requested by
114any licensee.
115     Section 4.  Subsections (1), (2), and (4) of section
116456.036, Florida Statutes, are amended, subsections (10), (12),
117and (13) are renumbered as subsections (11), (14), and (15),
118respectively, present subsection (11) is renumbered as
119subsection (13) and amended, and new subsections (10) and (12)
120are added to said section, to read:
121     456.036  Licenses; active, and inactive, and retired
122status; delinquency.--
123     (1)  A licensee may practice a profession only if the
124licensee has an active status license. A licensee who practices
125a profession with an inactive status, retired status, or
126delinquent without an active status license is in violation of
127this section and s. 456.072, and the board, or the department if
128there is no board, may impose discipline on the licensee.
129     (2)  Each board, or the department if there is no board,
130shall permit a licensee to choose, at the time of licensure
131renewal, an active, or inactive, or retired status.
132     (4)  Notwithstanding any other provision of law to the
133contrary, a licensee may change licensure status at any time.
134     (a)  Active status licensees choosing inactive status at
135the time of license renewal must pay the inactive status renewal
136fee, and, if applicable, the delinquency fee and the fee to
137change licensure status. Active status licensees choosing
138inactive status at any other time than at the time of license
139renewal must pay the fee to change licensure status.
140     (b)  Active status or inactive status licensees choosing
141retired status at the time of license renewal must pay the
142retired status fee, not to exceed $50, as established by rule of
143the board, or the department if there is no board. Active status
144or inactive status licensees choosing retired status at any
145other time than at the time of license renewal must pay the
146retired status fee plus the fee to change licensure status.
147     (c)(b)  An inactive status licensee may change to active
148status at any time, if the licensee meets all requirements for
149active status. Inactive status licensees choosing active status
150at the time of license renewal must pay the active status
151renewal fee, any applicable reactivation fees as set by the
152board, or the department if there is no board, and, if
153applicable, the delinquency fee and the fee to change licensure
154status. Inactive status licensees choosing active status at any
155other time than at the time of license renewal must pay the
156difference between the inactive status renewal fee and the
157active status renewal fee, if any exists, any applicable
158reactivation fees as set by the board, or the department if
159there is no board, and the fee to change licensure status.
160     (10)  Each board, or the department if there is no board,
161may by rule impose reasonable conditions, including full
162reexamination to assess current competency, necessary to ensure
163that a licensee who has been on retired status for more than 5
164years or a licensee from another state who has not been in
165active practice within the past 5 years and who applies for
166active status is able to practice with the care and skill
167sufficient to protect the health, safety, and welfare of the
168public. Reactivation requirements may differ depending on the
169length of time licensees are retired.
170     (12)  Before reactivation, a retired status licensee must
171meet the same continuing education requirements, if any, and pay
172any renewal fees imposed on active status licensees for all
173biennial licensure periods in which the licensee was in retired
174status.
175     (13)(11)  The status or a change in status of a licensee
176does not alter in any way the right of the board, or of the
177department if there is no board, to impose discipline or to
178enforce discipline previously imposed on a licensee for acts or
179omissions committed by the licensee while holding a license,
180whether active, inactive, retired, or delinquent.
181     Section 5.  Subsection (5) of section 464.201, Florida
182Statutes, is renumbered as subsection (6), and a new subsection
183(5) is added to said section to read:
184     464.201  Definitions.--As used in this part, the term:
185     (5)  "Practice of a certified nursing assistant" means the
186provision of care and assistance with tasks relating to the
187activities of daily living. Such tasks are those associated with
188personal care, maintaining mobility, nutrition and hydration,
189toileting and elimination, assistive devices, safety and
190cleanliness, data gathering, reporting abnormal signs and
191symptoms, postmortem care, patient socialization and reality
192orientation, end-of-life care, cardiopulmonary resuscitation and
193emergency care, residents' or patients' rights, documentation of
194nursing assistant services, and other tasks that a certified
195nursing assistant may perform after training beyond that
196required for initial certification and upon validation of
197competence in that skill by the registered nurse. This
198subsection does not restrict the ability of any person who is
199otherwise trained and educated from performing such tasks.
200     Section 6.  Section 464.202, Florida Statutes, is amended
201to read:
202     464.202  Duties and powers of the board.--The board shall
203maintain, or contract with or approve another entity to
204maintain, a state registry of certified nursing assistants. The
205registry must consist of the name of each certified nursing
206assistant in this state; other identifying information defined
207by board rule; certification status; the effective date of
208certification; other information required by state or federal
209law; information regarding any crime or any abuse, neglect, or
210exploitation as provided under chapter 435; and any disciplinary
211action taken against the certified nursing assistant. The
212registry shall be accessible to the public, the
213certificateholder, employers, and other state agencies. The
214board shall adopt by rule testing procedures for use in
215certifying nursing assistants and shall adopt rules regulating
216the practice of certified nursing assistants that specify the
217scope of practice authorized and the level of supervision
218required for the practice of certified nursing assistants to
219enforce this part. The board may contract with or approve
220another entity or organization to provide the examination
221services, including the development and administration of
222examinations. The board shall require that the contract provider
223offer certified nursing assistant applications via the Internet,
224and may require the contract provider to accept certified
225nursing assistant applications for processing via the Internet.
226The board shall require the contract provider to provide the
227preliminary results of the certified nursing examination on the
228date the test is administered. The provider shall pay all
229reasonable costs and expenses incurred by the board in
230evaluating the provider's application and performance during the
231delivery of services, including examination services and
232procedures for maintaining the certified nursing assistant
233registry.
234     Section 7.  Subsections (5) and (7) of section 464.203,
235Florida Statutes, are amended, and subsection (8) is added to
236said section, to read:
237     464.203  Certified nursing assistants; certification
238requirement.--
239     (5)  Certification as a nursing assistant, in accordance
240with this part, may be renewed continues in effect until such
241time as the nursing assistant allows a period of 24 consecutive
242months to pass during which period the nursing assistant fails
243to perform any nursing-related services for monetary
244compensation. When a nursing assistant fails to perform any
245nursing-related services for monetary compensation for a period
246of 24 consecutive months, the nursing assistant must complete a
247new training and competency evaluation program or a new
248competency evaluation program.
249     (7)  A certified nursing assistant shall complete 12 18
250hours of inservice training during each calendar year. The
251certified nursing assistant shall be responsible for maintaining
252documentation demonstrating compliance with these provisions.
253The Council on Certified Nursing Assistants, in accordance with
254s. 464.2085(2)(b), shall propose rules to implement this
255subsection.
256     (8)  The department shall renew a certificate upon receipt
257of the renewal application and receipt of a fee. The department
258shall adopt rules establishing a procedure for the biennial
259renewal of certificates and the imposition of a fee of not less
260than $20 and not more than $50 biennially. Any certificate not
261renewed by July 1, 2006, is void.
262     Section 8.  This act shall take effect July 1, 2005.
263
264================= T I T L E  A M E N D M E N T =================
265     Remove the entire title and insert:
266
A bill to be entitled
267An act relating to the regulation of health care
268professionals; amending s. 456.013, F.S.; deleting the
269requirement that the Department of Health issue wall
270certificates; requiring licensees with licenses issued in
271error to surrender certain documents to the department;
272amending s. 456.017, F.S.; specifying that a state-
273developed test is not permitted if a national examination
274has been certified by the department; clarifying the
275limitation on who may challenge the validity of an
276examination; permitting the department to post examination
277scores on the Internet; amending s. 456.025, F.S.;
278deleting an obsolete provision; amending s. 456.036, F.S.;
279providing for a retired license status and providing a fee
280for such status; authorizing the department to reexamine
281certain licensees under certain circumstances; providing
282requirements for retired status licensees to reactivate
283their licenses; amending s. 464.201, F.S.; defining
284"practice of a certified nursing assistant"; amending s.
285464.202, F.S.; requiring the Board of Nursing to adopt
286rules to specify the scope of practice for certified
287nursing assistants; amending s. 464.203, F.S.; providing
288for the renewal of nursing assistant certification;
289providing for a fee; reducing the hours of inservice
290training required of certified nursing assistants;
291requiring certification as a nursing assistant to be
292renewed and authorizing a fee for such renewal; requiring
293the department to adopt rules regarding such renewal;
294providing that certificates not renewed by a specified
295date are void; providing an effective date.


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