Senate Bill sb0410e1

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    CS for SB 410                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of Health;

  3         amending s. 456.013, F.S.; eliminating a

  4         requirement that the department issue wall

  5         certificates; amending s. 456.017, F.S.;

  6         prohibiting the use of a state-developed

  7         examination if a national examination has been

  8         certified by the department; revising the

  9         criteria under which an applicant may challenge

10         the validity of an examination; authorizing the

11         department to post examination scores on the

12         Internet in lieu of mailing the scores to each

13         applicant; amending s. 456.036, F.S.; providing

14         for a retired-status license; providing a fee

15         for changing to retired status at the time of

16         license renewal; requiring an additional fee if

17         retired status is chosen at any time other than

18         at the time of license renewal; authorizing

19         each board or the department to reexamine a

20         licensee who has been retired or inactive for a

21         specified period in order to assess the

22         licensee's competency; amending s. 464.201,

23         F.S.; defining the phrase "practice of a

24         certified nursing assistant"; amending s.

25         464.202, F.S.; requiring the Board of Nursing

26         to adopt rules specifying the scope of practice

27         and level of supervision required for certified

28         nursing assistants; amending s. 464.203, F.S.;

29         requiring the biennial renewal of certification

30         as a nursing assistant; reducing the number of

31         required hours of inservice training for


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    CS for SB 410                                  First Engrossed



 1         certified nursing assistants; providing a fee

 2         for certification renewal; amending s. 456.041,

 3         F.S.; requiring that information relating to

 4         liability and disciplinary actions be included

 5         in the practitioner profile; providing an

 6         effective date.

 7  

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

 9  

10         Section 1.  Subsection (2) of section 456.013, Florida

11  Statutes, is amended to read:

12         456.013  Department; general licensing provisions.--

13         (2)  Before the issuance of any license, the department

14  shall charge an initial license fee as determined by the

15  applicable board or, if there is no such board exists, by rule

16  of the department. Upon receipt of the appropriate license

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

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

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

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

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

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

23  initial licensure, shall issue a wall certificate suitable for

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

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

26  department the wallet-size identification card and, the wall

27  card, and the wall certificate, if one has been issued by the

28  department, if the licensee's license is issued in error or is

29  revoked.

30  

31  


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    CS for SB 410                                  First Engrossed



 1         Section 2.  Paragraph (c) of subsection (1) and

 2  subsection (2) of section 456.017, Florida Statutes, are

 3  amended, and subsection (7) is added to that section, to read:

 4         456.017  Examinations.--

 5         (1)

 6         (c)1.  The board, or the department when there is no

 7  board, shall approve by rule the use of one or more national

 8  examinations that which the department has certified as

 9  meeting requirements of national examinations and generally

10  accepted testing standards pursuant to department rules.

11         1.  Providers of examinations seeking certification by

12  the department shall pay the actual costs incurred by the

13  department in making a determination regarding the

14  certification.  The name and number of a candidate may be

15  provided to a national contractor for the limited purpose of

16  preparing the grade tape and information to be returned to the

17  board or department; or, to the extent otherwise specified by

18  rule, the candidate may apply directly to the vendor of the

19  national examination and supply test score information to the

20  department. The department may delegate to the board the duty

21  to provide and administer the examination.  Any national

22  examination approved by a board, or the department when there

23  is no board, prior to October 1, 1997, is deemed certified

24  under this paragraph.

25         2.  The board, or the department when there is no

26  board, shall approve and begin administering a national

27  examination no later than December 31, 2001. Neither the board

28  nor the department may administer a state-developed written

29  examination if a national examination has been certified by

30  the department after December 31, 2001, notwithstanding any

31  other provision of law. The examination may be administered


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    CS for SB 410                                  First Engrossed



 1  electronically if adequate security measures are used, as

 2  determined by rule of the department.

 3         3.  The board, or the department when there is no

 4  board, may administer a state-developed practical or clinical

 5  examination, as required by the applicable practice act, if

 6  all costs of development, purchase, validation,

 7  administration, review, and defense are paid by the

 8  examination candidate prior to the administration of the

 9  examination. If a national practical or clinical examination

10  is available and certified by the department pursuant to this

11  section, the board, or the department when there is no board,

12  may administer the national examination.

13         4.  It is the intent of the Legislature to reduce the

14  costs associated with state examinations and to encourage the

15  use of national examinations whenever possible.

16         (2)  For each examination developed by the department

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

18  there is no board, shall adopt rules providing for

19  reexamination of any applicants who failed an examination

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

21  written and a practical examination are given, an applicant

22  shall be required to retake only the portion of the

23  examination on which the applicant failed to achieve a passing

24  grade, if the applicant successfully passes that portion

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

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

27  portion. Except for national examinations approved and

28  administered pursuant to this section, the department shall

29  provide procedures for applicants who fail an examination

30  developed by the department or a contracted vendor to review

31  their examination questions, answers, papers, grades, and


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    CS for SB 410                                  First Engrossed



 1  grading key for the questions the candidate answered

 2  incorrectly or, if not feasible, the parts of the examination

 3  failed. Applicants shall bear the actual cost for the

 4  department to provide examination review pursuant to this

 5  subsection. An applicant may waive in writing the

 6  confidentiality of the applicant's examination grades.

 7  Notwithstanding any other provisions, only candidates who fail

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

 9  below the minimum score required to pass the examination shall

10  be entitled to challenge the validity of the examination at

11  hearing.

12         (7)  The department may post examination scores

13  electronically on the Internet in lieu of mailing the scores

14  to each applicant. The electronic posting of the examination

15  scores meets the requirements of chapter 120 if the department

16  also posts along with the examination scores a notification of

17  the rights set forth in chapter 120. The date of receipt for

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

19  posted electronically. The department shall also notify the

20  applicant when scores are posted electronically of the

21  availability of post-examination review, if applicable.

22         Section 3.  Subsections (1), (2), (4), (10), (11),

23  (12), and (13) of section 456.036, Florida Statutes, are

24  amended to read:

25         456.036  Licenses; active and inactive status;

26  delinquency.--

27         (1)  A licensee may practice a profession only if the

28  licensee has an active status license. A licensee who

29  practices a profession with an inactive status license, a

30  retired status license, or a delinquent without an active

31  status license is in violation of this section and s. 456.072,


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    CS for SB 410                                  First Engrossed



 1  and the board, or the department if there is no board, may

 2  impose discipline on the licensee.

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

 4  board, shall permit a licensee to choose, at the time of

 5  licensure renewal, an active, or inactive, or retired status.

 6         (4)  Notwithstanding any other provision of law to the

 7  contrary, a licensee may change licensure status at any time.

 8         (a)  Active status licensees choosing inactive status

 9  at the time of license renewal must pay the inactive status

10  renewal fee, and, if applicable, the delinquency fee and the

11  fee to change licensure status. Active status licensees

12  choosing inactive status at any other time than at the time of

13  license renewal must pay the fee to change licensure status.

14         (b)  An active status licensee or an inactive status

15  licensee who chooses retired status at the time of license

16  renewal must pay the retired-status fee, which may not exceed

17  $50 as established by rule of the board or the department if

18  there is no board. An active status licensee or inactive

19  status licensee who chooses retired status at any time other

20  than at the time of license renewal must pay the

21  retired-status fee plus a change-of-status fee.

22         (c)(b)  An inactive status licensee may change to

23  active status at any time, if the licensee meets all

24  requirements for active status. Inactive status licensees

25  choosing active status at the time of license renewal must pay

26  the active status renewal fee, any applicable reactivation

27  fees as set by the board, or the department if there is no

28  board, and, if applicable, the delinquency fee and the fee to

29  change licensure status. Inactive status licensees choosing

30  active status at any other time than at the time of license

31  renewal must pay the difference between the inactive status


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    CS for SB 410                                  First Engrossed



 1  renewal fee and the active status renewal fee, if any exists,

 2  any applicable reactivation fees as set by the board, or the

 3  department if there is no board, and the fee to change

 4  licensure status.

 5         (10)  Each board, or the department if there is no

 6  board, may by rule impose reasonable conditions, including

 7  full reexamination to assess current competency, in order to

 8  ensure that a licensee who has been on retired status for more

 9  than 5 years, or a licensee from another state who has not

10  been in active practice within the past 5 years, and who

11  applies for active status is able to practice with the care

12  and skill sufficient to protect the health, safety, and

13  welfare of the public. Requirements for reactivation of a

14  license may differ depending on the length of time a licensee

15  has been retired.

16         (11)(10)  Before reactivation, an inactive status

17  licensee or a delinquent licensee who was inactive prior to

18  becoming delinquent must meet the same continuing education

19  requirements, if any, imposed on an active status licensee for

20  all biennial licensure periods in which the licensee was

21  inactive or delinquent.

22         (12)  Before the license of a retired status licensee

23  is reactivated, the licensee must meet the same requirements

24  for continuing education, if any, and pay any renewal fees

25  imposed on an active status licensee for all biennial

26  licensure periods during which the licensee was on retired

27  status.

28         (13)(11)  The status or a change in status of a

29  licensee does not alter in any way the right of the board, or

30  of the department if there is no board, to impose discipline

31  or to enforce discipline previously imposed on a licensee for


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 1  acts or omissions committed by the licensee while holding a

 2  license, whether active, inactive, retired, or delinquent.

 3         (14)(12)  This section does not apply to a business

 4  establishment registered, permitted, or licensed by the

 5  department to do business.

 6         (15)(13)  The board, or the department when there is no

 7  board, may adopt rules pursuant to ss. 120.536(1) and 120.54

 8  as necessary to implement this section.

 9         Section 4.  Present subsection (5) of section 464.201,

10  Florida Statutes, is redesignated as subsection (6), and a new

11  subsection (5) is added to that section, to read:

12         464.201  Definitions.--As used in this part, the term:

13         (5)  "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, cardiopulmonary

21  resuscitation and emergency care, residents' or patients'

22  rights, documentation of nursing-assistant services, and other

23  tasks that a certified nurse assistant may perform after

24  training beyond that required for initial certification and

25  upon validation of competence in that skill by a registered

26  nurse. This subsection does not restrict the ability of any

27  person who is otherwise trained and educated from performing

28  such tasks.

29         Section 5.  Section 464.202, Florida Statutes, is

30  amended to read:

31  


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    CS for SB 410                                  First Engrossed



 1         464.202  Duties and powers of the board.--The board

 2  shall maintain, or contract with or approve another entity to

 3  maintain, a state registry of certified nursing assistants.

 4  The registry must consist of the name of each certified

 5  nursing assistant in this state; other identifying information

 6  defined by board rule; certification status; the effective

 7  date of certification; other information required by state or

 8  federal law; information regarding any crime or any abuse,

 9  neglect, or exploitation as provided under chapter 435; and

10  any disciplinary action taken against the certified nursing

11  assistant. The registry shall be accessible to the public, the

12  certificateholder, employers, and other state agencies. The

13  board shall adopt by rule testing procedures for use in

14  certifying nursing assistants and shall adopt rules regulating

15  the practice of certified nursing assistants and specifying

16  the scope of practice authorized and the level of supervision

17  required for the practice of certified nursing assistants to

18  enforce this part. The board may contract with or approve

19  another entity or organization to provide the examination

20  services, including the development and administration of

21  examinations. The board shall require that the contract

22  provider offer certified nursing assistant applications via

23  the Internet, and may require the contract provider to accept

24  certified nursing assistant applications for processing via

25  the Internet.  The board shall require the contract provider

26  to provide the preliminary results of the certified nursing

27  examination on the date the test is administered. The provider

28  shall pay all reasonable costs and expenses incurred by the

29  board in evaluating the provider's application and performance

30  during the delivery of services, including examination

31  


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    CS for SB 410                                  First Engrossed



 1  services and procedures for maintaining the certified nursing

 2  assistant registry.

 3         Section 6.  Subsections (5) and (7) of section 464.203,

 4  Florida Statutes, are amended, and subsection (8) is added to

 5  that section, to read:

 6         464.203  Certified nursing assistants; certification

 7  requirement.--

 8         (5)  Certification as a nursing assistant, in

 9  accordance with this part, may be renewed continues in effect

10  until such time as the nursing assistant allows a period of 24

11  consecutive months to pass during which period the nursing

12  assistant fails to perform any nursing-related services for

13  monetary compensation. When a nursing assistant fails to

14  perform any nursing-related services for monetary compensation

15  for a period of 24 consecutive months, the nursing assistant

16  must complete a new training and competency evaluation program

17  or a new competency evaluation program.

18         (7)  A certified nursing assistant shall complete 12 18

19  hours of inservice training during each calendar year. The

20  certified nursing assistant shall be responsible for

21  maintaining documentation demonstrating compliance with these

22  provisions. The Council on Certified Nursing Assistants, in

23  accordance with s. 464.2085(2)(b), shall propose rules to

24  implement this subsection.

25         (8)  The department shall renew a certificate upon

26  receipt of the renewal application and imposition of a fee of

27  not less than $20 and not more than $50 biennially. The

28  department shall adopt rules establishing a procedure for the

29  biennial renewal of certificates. Any certificate that is not

30  renewed by July 1, 2006, is void.

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    CS for SB 410                                  First Engrossed



 1         Section 7.  Subsection (1) of section 456.041, Florida

 2  Statutes, as amended by Committee Substitute for Senate Bill

 3  940 enacted in the 2005 Regular Session of the Legislature, is

 4  amended to read:

 5         456.041  Practitioner profile; creation.--

 6         (1)(a)  The Department of Health shall compile the

 7  information submitted pursuant to s. 456.039 into a

 8  practitioner profile of the applicant submitting the

 9  information, except that the Department of Health shall

10  develop a format to compile uniformly any information

11  submitted under s. 456.039(4)(b). Beginning July 1, 2001, the

12  Department of Health may compile the information submitted

13  pursuant to s. 456.0391 into a practitioner profile of the

14  applicant submitting the information.

15         (b)  Beginning July 1, 2005, the department shall

16  verify the information submitted by the applicant under s.

17  456.039 concerning disciplinary history and medical

18  malpractice claims at the time of initial licensure and

19  license renewal using the National Practitioner Data Bank. The

20  physician profiles shall reflect the disciplinary action and

21  medical malpractice claims as reported by the National

22  Practitioner Data Bank, and shall include information relating

23  to liability and disciplinary actions obtained as a result of

24  a search of the National Practitioner Data Bank.

25         (c)  Within 30 calendar days after receiving an update

26  of information required for the practitioner's profile, the

27  department shall update the practitioner's profile in

28  accordance with the requirements of subsection (7).

29         Section 8.  This act shall take effect July 1, 2005.

30  

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