HB 1387

1	A bill to be entitled
2	An act relating to health profession education; amending
3	s. 456.013, F.S.; exempting certain licensees under ch.
4	458, F.S., relating to medical practice, from continuing
5	education requirements; amending s. 456.031, F.S.;
6	revising requirements for instruction on domestic
7	violence; removing alternative continuing education
8	provisions; removing requirements of certain boards to
9	report compliance with continuing education provisions;
10	amending s. 456.033, F.S.; revising requirements for
11	instruction on HIV and AIDS for certain licensees;
12	amending s. 464.013, F.S.; exempting certain licensees
13	under ch. 464, F.S., relating to nursing, from continuing
14	education requirements; amending s. 464.019, F.S.;
15	limiting the authority of the Board of Nursing to adopt
16	rules relating to nursing program faculty qualifications;
17	amending ss. 458.319 and 459.008, F.S.; removing
18	alternative continuing education provisions, to conform;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (6) of section 456.013, Florida
24	Statutes, is amended to read:
25	456.013  Department; general licensing provisions.--
26	(6)  As a condition of renewal of a license, the Board of
27	Medicine, the Board of Osteopathic Medicine, the Board of
28	Chiropractic Medicine, and the Board of Podiatric Medicine shall
29	each require licensees which they respectively regulate to
30	periodically demonstrate their professional competency by
31	completing at least 40 hours of continuing education every 2
32	years. A licensee under chapter 458 who provides proof of
33	current specialty board certification by a credentialing agency
34	approved by the Board of Medicine shall be exempt from this
35	requirement provided the licensee is actively engaged in
36	maintaining his or her certification. The boards may require by
37	rule that up to 1 hour of the required 40 or more hours be in
38	the area of risk management or cost containment. This provision
39	shall not be construed to limit the number of hours that a
40	licensee may obtain in risk management or cost containment to be
41	credited toward satisfying the 40 or more required hours. This
42	provision shall not be construed to require the boards to impose
43	any requirement on licensees except for the completion of at
44	least 40 hours of continuing education every 2 years. Each of
45	such boards shall determine whether any specific continuing
46	education requirements not otherwise mandated by law shall be
47	mandated and shall approve criteria for, and the content of, any
48	continuing education mandated by such board. Notwithstanding any
49	other provision of law, the board, or the department when there
50	is no board, may approve by rule alternative methods of
51	obtaining continuing education credits in risk management. The
52	alternative methods may include attending a board meeting at
53	which another licensee is disciplined, serving as a volunteer
54	expert witness for the department in a disciplinary case, or
55	serving as a member of a probable cause panel following the
56	expiration of a board member's term. Other boards within the
57	Division of Medical Quality Assurance, or the department if
58	there is no board, may adopt rules granting continuing education
59	hours in risk management for attending a board meeting at which
60	another licensee is disciplined, for serving as a volunteer
61	expert witness for the department in a disciplinary case, or for
62	serving as a member of a probable cause panel following the
63	expiration of a board member's term.
64	Section 2.  Section 456.031, Florida Statutes, is amended
65	to read:
66	456.031  Requirement for instruction on domestic
67	violence.--
68	(1)(a)  The appropriate board shall require each person
69	licensed or certified under chapter 458, chapter 459, part I of
70	chapter 464, chapter 466, chapter 467, chapter 490, or chapter
71	491 to complete a 1-hour continuing education course, approved
72	by the board, on domestic violence, as defined in s. 741.28, no
73	later than upon first renewal as part of biennial relicensure or
74	recertification. The course shall consist of information on the
75	number of patients in that professional's practice who are
76	likely to be victims of domestic violence and the number who are
77	likely to be perpetrators of domestic violence, screening
78	procedures for determining whether a patient has any history of
79	being either a victim or a perpetrator of domestic violence, and
80	instruction on how to provide such patients with information on,
81	or how to refer such patients to, resources in the local
82	community, such as domestic violence centers and other advocacy
83	groups, that provide legal aid, shelter, victim counseling,
84	batterer counseling, or child protection services.
85	(b)  Each such licensee or certificateholder shall submit
86	confirmation of having completed such course, on a form provided
87	by the board, when submitting fees for first each biennial
88	renewal.
89	(c)  The board may approve additional equivalent courses
90	that may be used to satisfy the requirements of paragraph (a).
91	Each licensing board that requires a licensee to complete an
92	educational course pursuant to this subsection may include the
93	hour required for completion of the course in the total hours of
94	continuing education required by law for such profession unless
95	the continuing education requirements for such profession
96	consist of fewer than 30 hours biennially.
97	(d)  Any person holding two or more licenses subject to the
98	provisions of this subsection shall be permitted to show proof
99	of having taken one board-approved course on domestic violence,
100	for purposes of relicensure or recertification for additional
101	licenses.
102	(e)  Failure to comply with the requirements of this
103	subsection shall constitute grounds for disciplinary action
104	under each respective practice act and under s. 456.072(1)(k).
105	In addition to discipline by the board, the licensee shall be
106	required to complete such course.
107	(2)  The board shall also require, as a condition of
108	granting a license under any chapter specified in paragraph
109	(1)(a), that each applicant for initial licensure under the
110	appropriate chapter complete an educational course acceptable to
111	the board on domestic violence which is substantially equivalent
112	to the course required in subsection (1). An applicant who has
113	not taken such course at the time of licensure shall, upon
114	submission of an affidavit showing good cause, be allowed 6
115	months to complete such requirement.
116	(3)(a)  In lieu of completing a course as required in
117	subsection (1), a licensee or certificateholder may complete a
118	course in end-of-life care and palliative health care, if the
119	licensee or certificateholder has completed an approved domestic
120	violence course in the immediately preceding biennium.
121	(b)  In lieu of completing a course as required by
122	subsection (1), a person licensed under chapter 466 who has
123	completed an approved domestic-violence education course in the
124	immediately preceding 2 years may complete a course approved by
125	the Board of Dentistry.
126	(2)(4)  Each board may adopt rules to carry out the
127	provisions of this section.
128	(5)  Each board shall report to the President of the
129	Senate, the Speaker of the House of Representatives, and the
130	chairs of the appropriate substantive committees of the
131	Legislature by March 1 of each year as to the implementation of
132	and compliance with the requirements of this section.
133	Section 3.  Section 456.033, Florida Statutes, is amended
134	to read:
135	456.033  Requirement for instruction for certain licensees
136	on HIV and AIDS.--
137	(1)  The appropriate board shall require each person
138	licensed or certified under chapter 457; chapter 458; chapter
139	459; chapter 460; chapter 461; chapter 463; part I of chapter
140	464; chapter 465; chapter 466; part II, part III, part V, or
141	part X of chapter 468; or chapter 486 to complete a continuing
142	education educational course, approved by the board, on human
143	immunodeficiency virus and acquired immune deficiency syndrome
144	as part of biennial relicensure or recertification. The course
145	shall consist of education on the modes of transmission,
146	infection control procedures, clinical management, and
147	prevention of human immunodeficiency virus and acquired immune
148	deficiency syndrome. Such course shall include information on
149	current Florida law on acquired immune deficiency syndrome and
150	its impact on testing, confidentiality of test results,
151	treatment of patients, and any protocols and procedures
152	applicable to human immunodeficiency virus counseling and
153	testing, reporting, the offering of HIV testing to pregnant
154	women, and partner notification issues pursuant to ss. 381.004
155	and 384.25.
156	(2)  Each such licensee or certificateholder shall submit
157	confirmation of having completed the said course required under
158	subsection (1), on a form as provided by the board, when
159	submitting fees for each biennial renewal.
160	(3)  The board shall have the authority to approve
161	additional equivalent courses that may be used to satisfy the
162	requirements in subsection (1). Each licensing board that
163	requires a licensee to complete an educational course pursuant
164	to this section may count the hours required for completion of
165	the course included in the total continuing educational
166	requirements as required by law.
167	(4)  Any person holding two or more licenses subject to the
168	provisions of this section shall be permitted to show proof of
169	having taken one board-approved course on human immunodeficiency
170	virus and acquired immune deficiency syndrome, for purposes of
171	relicensure or recertification for additional licenses.
172	(5)  Failure to comply with the above requirements shall
173	constitute grounds for disciplinary action under each respective
174	licensing chapter and s. 456.072(1)(e). In addition to
175	discipline by the board, the licensee shall be required to
176	complete the course.
177	(6)  The board shall require as a condition of granting a
178	license under the chapters and parts specified in subsection (1)
179	that an applicant making initial application for licensure
180	complete an educational course acceptable to the board on human
181	immunodeficiency virus and acquired immune deficiency syndrome.
182	An applicant who has not taken a course at the time of licensure
183	shall, upon an affidavit showing good cause, be allowed 6 months
184	to complete this requirement.
185	(6)(7)  The board shall have the authority to adopt rules
186	to carry out the provisions of this section.
187	(8)  The board shall report to the Legislature by March 1
188	of each year as to the implementation and compliance with the
189	requirements of this section.
190	(9)(a)  In lieu of completing a course as required in
191	subsection (1), the licensee may complete a course in end-of-
192	life care and palliative health care, so long as the licensee
193	completed an approved AIDS/HIV course in the immediately
194	preceding biennium.
195	(b)  In lieu of completing a course as required by
196	subsection (1), a person licensed under chapter 466 who has
197	completed an approved AIDS/HIV course in the immediately
198	preceding 2 years may complete a course approved by the Board of
199	Dentistry.
200	(7)  The following requirements apply to each person
201	licensed or certified under chapter 457; chapter 458; chapter
202	459; chapter 461; chapter 463; part I of chapter 464; chapter
203	465; chapter 466; part II, part III, part V, or part X of
204	chapter 468; or chapter 486:
205	(a)  Each person shall be required by the appropriate board
206	to complete a continuing education course described in section
207	(1) no later than upon first renewal.
208	(b)  Each person shall submit confirmation described in
209	subsection (2) when submitting fees for first renewal.
210	(c)  Each person shall be subject to subsections (3), (4),
211	and (5).
212	Section 4.  Subsection (3) of section 464.013, Florida
213	Statutes, is amended to read:
214	464.013  Renewal of license or certificate.--
215	(3)  The board shall by rule prescribe continuing education
216	not to exceed 30 hours biennially as a condition for renewal of
217	a license or certificate. The criteria for programs shall be
218	approved by the board. A licensee who provides proof of current
219	specialty board certification by a credentialing agency approved
220	by the board shall be exempt from this requirement provided the
221	licensee is actively engaged in maintaining his or her
222	certification.
223	Section 5.  Paragraph (e) is added to subsection (2) of
224	section 464.019, Florida Statutes, and subsection (6) of that
225	section is amended, to read:
226	464.019  Approval of nursing programs.--
227	(2)
228	(e)  The board's authority to adopt rules relating to
229	faculty qualifications is subject to the following criteria:
230	1.  Each nursing faculty member must be currently licensed
231	to practice professional nursing in this state.
232	2.  Each clinical faculty member supervising a student
233	fulfilling clinical hour requirements must hold a license or
234	privilege to practice and meet requirements in the state of the
235	student's clinical site.
236	3.  Nursing faculty who teach in a program leading to
237	licensure as a practical nurse must:
238	a.  Have a minimum of a baccalaureate degree, with 40
239	percent of such faculty having a bachelor's degree in nursing.
240	All such faculty must be able to demonstrate a theoretical and
241	clinical competence for each assigned area of instruction.
242	b.  Have a total of 5 years of acute care experience, at
243	least 3 years of which must have occurred within the 3 years
244	immediately preceding the appointment.
245	(6)  Any nursing program that maintains accreditation
246	through a nursing accrediting body recognized by the United
247	States Department of Education shall be exempt from the rules of
248	the board except as provided in paragraphs paragraph (2)(b) and
249	(e), provided such exemption shall apply only to the extent the
250	program maintains a student pass rate on the National Clinical
251	Licensure Examination of not less than 10 percentage points
252	below the national average pass rate as reported annually by the
253	National Council of State Boards of Nursing.
254	Section 6.  Subsection (5) of section 458.319, Florida
255	Statutes, is renumbered as subsection (4), and present
256	subsection (4) of that section is amended to read:
257	458.319  Renewal of license.--
258	(4)  Notwithstanding the provisions of s. 456.033, a
259	physician may complete continuing education on end-of-life care
260	and palliative care in lieu of continuing education in AIDS/HIV,
261	if that physician has completed the AIDS/HIV continuing
262	education in the immediately preceding biennium.
263	Section 7.  Subsection (5) of section 459.008, Florida
264	Statutes, is amended to read:
265	459.008  Renewal of licenses and certificates.--
266	(5)  Notwithstanding the provisions of s. 456.033, an
267	osteopathic physician may complete continuing education on end-
268	of-life and palliative care in lieu of continuing education in
269	AIDS/HIV, if that physician has completed the AIDS/HIV
270	continuing education in the immediately preceding biennium.
271	Section 8.  This act shall take effect July 1, 2006.

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