HB 1453

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

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