| 1 | Representative Bean offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (2) of section 456.013, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 456.013 Department; general licensing provisions.-- |
| 8 | (2) Before the issuance of any license, the department |
| 9 | shall charge an initial license fee as determined by the |
| 10 | applicable board or, if there is no such board exists, by rule |
| 11 | of the department. Upon receipt of the appropriate license fee, |
| 12 | the department shall issue a license to any person certified by |
| 13 | the appropriate board, or its designee, as having met the |
| 14 | licensure requirements imposed by law or rule. The license shall |
| 15 | consist of a wallet-size identification card and a wall card |
| 16 | measuring 6 1/2 inches by 5 inches. In addition to the two-part |
| 17 | license, the department, at the time of initial licensure, shall |
| 18 | issue a wall certificate suitable for conspicuous display, which |
| 19 | shall be no smaller than 8 1/2 inches by 14 inches. The licensee |
| 20 | shall surrender to the department the wallet-size identification |
| 21 | card and, the wall card, and the wall certificate, if one has |
| 22 | been issued by the department, if the licensee's license was |
| 23 | issued 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 |
| 26 | subsection (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, |
| 30 | shall approve by rule the use of one or more national |
| 31 | examinations which the department has certified as meeting |
| 32 | requirements of national examinations and generally accepted |
| 33 | testing standards pursuant to department rules. |
| 34 | 1. Providers of examinations seeking certification by the |
| 35 | department shall pay the actual costs incurred by the department |
| 36 | in making a determination regarding the certification. The name |
| 37 | and number of a candidate may be provided to a national |
| 38 | contractor for the limited purpose of preparing the grade tape |
| 39 | and information to be returned to the board or department; or, |
| 40 | to the extent otherwise specified by rule, the candidate may |
| 41 | apply directly to the vendor of the national examination and |
| 42 | supply test score information to the department. The department |
| 43 | may delegate to the board the duty to provide and administer the |
| 44 | examination. Any national examination approved by a board, or |
| 45 | the department when there is no board, prior to October 1, 1997, |
| 46 | is deemed certified under this paragraph. |
| 47 | 2. The board, or the department when there is no board, |
| 48 | shall approve and begin administering a national examination no |
| 49 | later than December 31, 2001. Neither the board nor the |
| 50 | department may administer a state-developed written examination |
| 51 | if a national examination has been certified by the department |
| 52 | after December 31, 2001, notwithstanding any other provision of |
| 53 | law. The examination may be administered electronically if |
| 54 | adequate security measures are used, as determined by rule of |
| 55 | the department. |
| 56 | 3. The board, or the department when there is no board, |
| 57 | may administer a state-developed practical or clinical |
| 58 | examination, as required by the applicable practice act, if all |
| 59 | costs of development, purchase, validation, administration, |
| 60 | review, and defense are paid by the examination candidate prior |
| 61 | to the administration of the examination. If a national |
| 62 | practical or clinical examination is available and certified by |
| 63 | the department pursuant to this section, the board, or the |
| 64 | department when there is no board, may administer the national |
| 65 | examination. |
| 66 | 4. It is the intent of the Legislature to reduce the costs |
| 67 | associated with state examinations and to encourage the use of |
| 68 | national examinations whenever possible. |
| 69 | (2) For each examination developed by the department or a |
| 70 | contracted vendor, the board, or the department when there is no |
| 71 | board, shall adopt rules providing for reexamination of any |
| 72 | applicants who failed an examination developed by the department |
| 73 | or a contracted vendor. If both a written and a practical |
| 74 | examination are given, an applicant shall be required to retake |
| 75 | only the portion of the examination on which the applicant |
| 76 | failed to achieve a passing grade, if the applicant successfully |
| 77 | passes that portion within a reasonable time, as determined by |
| 78 | rule of the board, or the department when there is no board, of |
| 79 | passing the other portion. Except for national examinations |
| 80 | approved and administered pursuant to this section, the |
| 81 | department shall provide procedures for applicants who fail an |
| 82 | examination developed by the department or a contracted vendor |
| 83 | to review their examination questions, answers, papers, grades, |
| 84 | and grading key for the questions the candidate answered |
| 85 | incorrectly or, if not feasible, the parts of the examination |
| 86 | failed. Applicants shall bear the actual cost for the department |
| 87 | to provide examination review pursuant to this subsection. An |
| 88 | applicant may waive in writing the confidentiality of the |
| 89 | applicant's examination grades. Notwithstanding any other |
| 90 | provisions, only candidates who fail an examination with a score |
| 91 | that is by less than 10 percent below the minimum score required |
| 92 | to pass the examination shall be entitled to challenge the |
| 93 | validity of the examination at hearing. |
| 94 | (7) The department may post examination scores |
| 95 | electronically on the Internet in lieu of mailing the scores to |
| 96 | each applicant. Such electronic posting of the examination |
| 97 | scores meets the requirements of chapter 120 if the department |
| 98 | also posts with the examination scores a notification of rights |
| 99 | as set forth in chapter 120. The date of receipt for purposes of |
| 100 | chapter 120 shall be the date the examination scores are posted |
| 101 | electronically. The department shall also notify the examinee |
| 102 | when scores are posted electronically of the availability of a |
| 103 | postexamination review, if applicable. |
| 104 | Section 3. Subsections (5) through (11) of section |
| 105 | 456.025, Florida Statutes, are renumbered as subsections (4) |
| 106 | through (10), respectively, and present subsection (4) of said |
| 107 | section is amended to read: |
| 108 | 456.025 Fees; receipts; disposition.-- |
| 109 | (4) Each board, or the department if there is no board, |
| 110 | may charge a fee not to exceed $25, as determined by rule, for |
| 111 | the issuance of a wall certificate pursuant to s. 456.013(2) |
| 112 | requested by a licensee who was licensed prior to July 1, 1998, |
| 113 | or for the issuance of a duplicate wall certificate requested by |
| 114 | any licensee. |
| 115 | Section 4. Subsections (1), (2), and (4) of section |
| 116 | 456.036, Florida Statutes, are amended, subsections (10), (12), |
| 117 | and (13) are renumbered as subsections (11), (14), and (15), |
| 118 | respectively, present subsection (11) is renumbered as |
| 119 | subsection (13) and amended, and new subsections (10) and (12) |
| 120 | are added to said section, to read: |
| 121 | 456.036 Licenses; active, and inactive, and retired |
| 122 | status; delinquency.-- |
| 123 | (1) A licensee may practice a profession only if the |
| 124 | licensee has an active status license. A licensee who practices |
| 125 | a profession with an inactive status, retired status, or |
| 126 | delinquent without an active status license is in violation of |
| 127 | this section and s. 456.072, and the board, or the department if |
| 128 | there is no board, may impose discipline on the licensee. |
| 129 | (2) Each board, or the department if there is no board, |
| 130 | shall permit a licensee to choose, at the time of licensure |
| 131 | renewal, an active, or inactive, or retired status. |
| 132 | (4) Notwithstanding any other provision of law to the |
| 133 | contrary, a licensee may change licensure status at any time. |
| 134 | (a) Active status licensees choosing inactive status at |
| 135 | the time of license renewal must pay the inactive status renewal |
| 136 | fee, and, if applicable, the delinquency fee and the fee to |
| 137 | change licensure status. Active status licensees choosing |
| 138 | inactive status at any other time than at the time of license |
| 139 | renewal must pay the fee to change licensure status. |
| 140 | (b) Active status or inactive status licensees choosing |
| 141 | retired status at the time of license renewal must pay the |
| 142 | retired status fee, not to exceed $50, as established by rule of |
| 143 | the board, or the department if there is no board. Active status |
| 144 | or inactive status licensees choosing retired status at any |
| 145 | other time than at the time of license renewal must pay the |
| 146 | retired status fee plus the fee to change licensure status. |
| 147 | (c)(b) An inactive status licensee may change to active |
| 148 | status at any time, if the licensee meets all requirements for |
| 149 | active status. Inactive status licensees choosing active status |
| 150 | at the time of license renewal must pay the active status |
| 151 | renewal fee, any applicable reactivation fees as set by the |
| 152 | board, or the department if there is no board, and, if |
| 153 | applicable, the delinquency fee and the fee to change licensure |
| 154 | status. Inactive status licensees choosing active status at any |
| 155 | other time than at the time of license renewal must pay the |
| 156 | difference between the inactive status renewal fee and the |
| 157 | active status renewal fee, if any exists, any applicable |
| 158 | reactivation fees as set by the board, or the department if |
| 159 | there is no board, and the fee to change licensure status. |
| 160 | (10) Each board, or the department if there is no board, |
| 161 | may by rule impose reasonable conditions, including full |
| 162 | reexamination to assess current competency, necessary to ensure |
| 163 | that a licensee who has been on retired status for more than 5 |
| 164 | years or a licensee from another state who has not been in |
| 165 | active practice within the past 5 years and who applies for |
| 166 | active status is able to practice with the care and skill |
| 167 | sufficient to protect the health, safety, and welfare of the |
| 168 | public. Reactivation requirements may differ depending on the |
| 169 | length of time licensees are retired. |
| 170 | (12) Before reactivation, a retired status licensee must |
| 171 | meet the same continuing education requirements, if any, and pay |
| 172 | any renewal fees imposed on active status licensees for all |
| 173 | biennial licensure periods in which the licensee was in retired |
| 174 | status. |
| 175 | (13)(11) The status or a change in status of a licensee |
| 176 | does not alter in any way the right of the board, or of the |
| 177 | department if there is no board, to impose discipline or to |
| 178 | enforce discipline previously imposed on a licensee for acts or |
| 179 | omissions committed by the licensee while holding a license, |
| 180 | whether active, inactive, retired, or delinquent. |
| 181 | Section 5. Subsection (5) of section 464.201, Florida |
| 182 | Statutes, 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 |
| 186 | provision of care and assistance with tasks relating to the |
| 187 | activities of daily living. Such tasks are those associated with |
| 188 | personal care, maintaining mobility, nutrition and hydration, |
| 189 | toileting and elimination, assistive devices, safety and |
| 190 | cleanliness, data gathering, reporting abnormal signs and |
| 191 | symptoms, postmortem care, patient socialization and reality |
| 192 | orientation, end-of-life care, cardiopulmonary resuscitation and |
| 193 | emergency care, residents' or patients' rights, documentation of |
| 194 | nursing assistant services, and other tasks that a certified |
| 195 | nursing assistant may perform after training beyond that |
| 196 | required for initial certification and upon validation of |
| 197 | competence in that skill by the registered nurse. This |
| 198 | subsection does not restrict the ability of any person who is |
| 199 | otherwise trained and educated from performing such tasks. |
| 200 | Section 6. Section 464.202, Florida Statutes, is amended |
| 201 | to read: |
| 202 | 464.202 Duties and powers of the board.--The board shall |
| 203 | maintain, or contract with or approve another entity to |
| 204 | maintain, a state registry of certified nursing assistants. The |
| 205 | registry must consist of the name of each certified nursing |
| 206 | assistant in this state; other identifying information defined |
| 207 | by board rule; certification status; the effective date of |
| 208 | certification; other information required by state or federal |
| 209 | law; information regarding any crime or any abuse, neglect, or |
| 210 | exploitation as provided under chapter 435; and any disciplinary |
| 211 | action taken against the certified nursing assistant. The |
| 212 | registry shall be accessible to the public, the |
| 213 | certificateholder, employers, and other state agencies. The |
| 214 | board shall adopt by rule testing procedures for use in |
| 215 | certifying nursing assistants and shall adopt rules regulating |
| 216 | the practice of certified nursing assistants that specify the |
| 217 | scope of practice authorized and the level of supervision |
| 218 | required for the practice of certified nursing assistants to |
| 219 | enforce this part. The board may contract with or approve |
| 220 | another entity or organization to provide the examination |
| 221 | services, including the development and administration of |
| 222 | examinations. The board shall require that the contract provider |
| 223 | offer certified nursing assistant applications via the Internet, |
| 224 | and may require the contract provider to accept certified |
| 225 | nursing assistant applications for processing via the Internet. |
| 226 | The board shall require the contract provider to provide the |
| 227 | preliminary results of the certified nursing examination on the |
| 228 | date the test is administered. The provider shall pay all |
| 229 | reasonable costs and expenses incurred by the board in |
| 230 | evaluating the provider's application and performance during the |
| 231 | delivery of services, including examination services and |
| 232 | procedures for maintaining the certified nursing assistant |
| 233 | registry. |
| 234 | Section 7. Subsections (5) and (7) of section 464.203, |
| 235 | Florida Statutes, are amended, and subsection (8) is added to |
| 236 | said section, to read: |
| 237 | 464.203 Certified nursing assistants; certification |
| 238 | requirement.-- |
| 239 | (5) Certification as a nursing assistant, in accordance |
| 240 | with this part, may be renewed continues in effect until such |
| 241 | time as the nursing assistant allows a period of 24 consecutive |
| 242 | months to pass during which period the nursing assistant fails |
| 243 | to perform any nursing-related services for monetary |
| 244 | compensation. When a nursing assistant fails to perform any |
| 245 | nursing-related services for monetary compensation for a period |
| 246 | of 24 consecutive months, the nursing assistant must complete a |
| 247 | new training and competency evaluation program or a new |
| 248 | competency evaluation program. |
| 249 | (7) A certified nursing assistant shall complete 12 18 |
| 250 | hours of inservice training during each calendar year. The |
| 251 | certified nursing assistant shall be responsible for maintaining |
| 252 | documentation demonstrating compliance with these provisions. |
| 253 | The Council on Certified Nursing Assistants, in accordance with |
| 254 | s. 464.2085(2)(b), shall propose rules to implement this |
| 255 | subsection. |
| 256 | (8) The department shall renew a certificate upon receipt |
| 257 | of the renewal application and receipt of a fee. The department |
| 258 | shall adopt rules establishing a procedure for the biennial |
| 259 | renewal of certificates and the imposition of a fee of not less |
| 260 | than $20 and not more than $50 biennially. Any certificate not |
| 261 | renewed by July 1, 2006, is void. |
| 262 | Section 8. This act shall take effect July 1, 2005. |
| 263 |
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| 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 |
| 267 | An act relating to the regulation of health care |
| 268 | professionals; amending s. 456.013, F.S.; deleting the |
| 269 | requirement that the Department of Health issue wall |
| 270 | certificates; requiring licensees with licenses issued in |
| 271 | error to surrender certain documents to the department; |
| 272 | amending s. 456.017, F.S.; specifying that a state- |
| 273 | developed test is not permitted if a national examination |
| 274 | has been certified by the department; clarifying the |
| 275 | limitation on who may challenge the validity of an |
| 276 | examination; permitting the department to post examination |
| 277 | scores on the Internet; amending s. 456.025, F.S.; |
| 278 | deleting an obsolete provision; amending s. 456.036, F.S.; |
| 279 | providing for a retired license status and providing a fee |
| 280 | for such status; authorizing the department to reexamine |
| 281 | certain licensees under certain circumstances; providing |
| 282 | requirements for retired status licensees to reactivate |
| 283 | their licenses; amending s. 464.201, F.S.; defining |
| 284 | "practice of a certified nursing assistant"; amending s. |
| 285 | 464.202, F.S.; requiring the Board of Nursing to adopt |
| 286 | rules to specify the scope of practice for certified |
| 287 | nursing assistants; amending s. 464.203, F.S.; providing |
| 288 | for the renewal of nursing assistant certification; |
| 289 | providing for a fee; reducing the hours of inservice |
| 290 | training required of certified nursing assistants; |
| 291 | requiring certification as a nursing assistant to be |
| 292 | renewed and authorizing a fee for such renewal; requiring |
| 293 | the department to adopt rules regarding such renewal; |
| 294 | providing that certificates not renewed by a specified |
| 295 | date are void; providing an effective date. |