Amendment
Bill No. 0699
Amendment No. 871967
CHAMBER ACTION
Senate House
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1Representative(s) Negron offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 456.031, Florida Statutes, is amended
6to read:
7     456.031  Requirement for instruction on domestic
8violence.--
9     (1)(a)  The appropriate board shall require each person
10licensed or certified under chapter 458, chapter 459, part I of
11chapter 464, chapter 466, chapter 467, chapter 490, or chapter
12491 to complete a 1-hour continuing education course, approved
13by the board, on domestic violence, as defined in s. 741.28, as
14part of every third biennial relicensure or recertification. The
15course shall consist of information on the number of patients in
16that professional's practice who are likely to be victims of
17domestic violence and the number who are likely to be
18perpetrators of domestic violence, screening procedures for
19determining whether a patient has any history of being either a
20victim or a perpetrator of domestic violence, and instruction on
21how to provide such patients with information on, or how to
22refer such patients to, resources in the local community, such
23as domestic violence centers and other advocacy groups, that
24provide legal aid, shelter, victim counseling, batterer
25counseling, or child protection services.
26     (b)  Each such licensee or certificateholder shall submit
27confirmation of having completed such course, on a form provided
28by the board, when submitting fees for every third each biennial
29renewal.
30     (c)  The board may approve additional equivalent courses
31that may be used to satisfy the requirements of paragraph (a).
32Each licensing board that requires a licensee to complete an
33educational course pursuant to this subsection may include the
34hour required for completion of the course in the total hours of
35continuing education required by law for such profession unless
36the continuing education requirements for such profession
37consist of fewer than 30 hours biennially.
38     (d)  Any person holding two or more licenses subject to the
39provisions of this subsection shall be permitted to show proof
40of having taken one board-approved course on domestic violence,
41for purposes of relicensure or recertification for additional
42licenses.
43     (e)  Failure to comply with the requirements of this
44subsection shall constitute grounds for disciplinary action
45under each respective practice act and under s. 456.072(1)(k).
46In addition to discipline by the board, the licensee shall be
47required to complete such course.
48     (2)  The board shall also require, as a condition of
49granting a license under any chapter specified in paragraph
50(1)(a), that each applicant for initial licensure under the
51appropriate chapter complete an educational course acceptable to
52the board on domestic violence which is substantially equivalent
53to the course required in subsection (1). An applicant who has
54not taken such course at the time of licensure shall, upon
55submission of an affidavit showing good cause, be allowed 6
56months to complete such requirement.
57     (3)(a)  In lieu of completing a course as required in
58subsection (1), a licensee or certificateholder may complete a
59course in end-of-life care and palliative health care, if the
60licensee or certificateholder has completed an approved domestic
61violence course in the immediately preceding biennium.
62     (b)  In lieu of completing a course as required by
63subsection (1), a person licensed under chapter 466 who has
64completed an approved domestic-violence education course in the
65immediately preceding 2 years may complete a course approved by
66the Board of Dentistry.
67     (2)(4)  Each board may adopt rules to carry out the
68provisions of this section.
69     (5)  Each board shall report to the President of the
70Senate, the Speaker of the House of Representatives, and the
71chairs of the appropriate substantive committees of the
72Legislature by March 1 of each year as to the implementation of
73and compliance with the requirements of this section.
74     Section 2.  Section 456.033, Florida Statutes, is amended
75to read:
76     456.033  Requirement for instruction for certain licensees
77on HIV and AIDS.--
78     (1)  The appropriate board shall require each person
79licensed or certified under chapter 457; chapter 458; chapter
80459; chapter 460; chapter 461; chapter 463; part I of chapter
81464; chapter 465; chapter 466; part II, part III, part V, or
82part X of chapter 468; or chapter 486 to complete a continuing
83education educational course, approved by the board, on human
84immunodeficiency virus and acquired immune deficiency syndrome
85as part of biennial relicensure or recertification. The course
86shall consist of education on the modes of transmission,
87infection control procedures, clinical management, and
88prevention of human immunodeficiency virus and acquired immune
89deficiency syndrome. Such course shall include information on
90current Florida law on acquired immune deficiency syndrome and
91its impact on testing, confidentiality of test results,
92treatment of patients, and any protocols and procedures
93applicable to human immunodeficiency virus counseling and
94testing, reporting, the offering of HIV testing to pregnant
95women, and partner notification issues pursuant to ss. 381.004
96and 384.25.
97     (2)  Each such licensee or certificateholder shall submit
98confirmation of having completed the said course required under
99subsection (1), on a form as provided by the board, when
100submitting fees for each biennial renewal.
101     (3)  The board shall have the authority to approve
102additional equivalent courses that may be used to satisfy the
103requirements in subsection (1). Each licensing board that
104requires a licensee to complete an educational course pursuant
105to this section may count the hours required for completion of
106the course included in the total continuing educational
107requirements as required by law.
108     (4)  Any person holding two or more licenses subject to the
109provisions of this section shall be permitted to show proof of
110having taken one board-approved course on human immunodeficiency
111virus and acquired immune deficiency syndrome, for purposes of
112relicensure or recertification for additional licenses.
113     (5)  Failure to comply with the above requirements shall
114constitute grounds for disciplinary action under each respective
115licensing chapter and s. 456.072(1)(e). In addition to
116discipline by the board, the licensee shall be required to
117complete the course.
118     (6)  The board regulating licensees under chapter 460 shall
119require as a condition of granting a license under the chapters
120and parts specified in subsection (1) that an applicant making
121initial application for licensure to complete an educational
122course acceptable to the board on human immunodeficiency virus
123and acquired immune deficiency syndrome. An applicant under
124chapter 460 who has not taken a course at the time of licensure
125shall, upon an affidavit showing good cause, be allowed 6 months
126to complete this requirement.
127     (7)  The board shall have the authority to adopt rules to
128carry out the provisions of this section.
129     (8)  The following requirements apply to each person
130licensed or certified under chapter 457; chapter 458; chapter
131459; chapter 461; chapter 463; part I of chapter 464; chapter
132465; chapter 466; part II, part III, part V, or part X of
133chapter 468; or chapter 486:
134     (a)  Each person shall be required by the appropriate board
135to complete a continuing education course described in
136subsection (1) no later than upon first renewal.
137     (b)  Each person shall submit confirmation described in
138subsection (2) when submitting fees for first renewal.
139     (c)  Each person shall be subject to subsections (3), (4),
140and (5).
141     (8)  The board shall report to the Legislature by March 1
142of each year as to the implementation and compliance with the
143requirements of this section.
144     (9)(a)  In lieu of completing a course as required in
145subsection (1), the licensee may complete a course in end-of-
146life care and palliative health care, so long as the licensee
147completed an approved AIDS/HIV course in the immediately
148preceding biennium.
149     (b)  In lieu of completing a course as required by
150subsection (1), a person licensed under chapter 466 who has
151completed an approved AIDS/HIV course in the immediately
152preceding 2 years may complete a course approved by the Board of
153Dentistry.
154     Section 3.  Paragraph (a) of subsection (1) of section
155456.041, Florida Statutes, is amended to read:
156     456.041  Practitioner profile; creation.--
157     (1)(a)  The Department of Health shall compile the
158information submitted pursuant to s. 456.039 into a practitioner
159profile of the applicant submitting the information, except that
160the Department of Health shall develop a format to compile
161uniformly any information submitted under s. 456.039(4)(b).
162Beginning July 1, 2001, the Department of Health may compile the
163information submitted pursuant to s. 456.0391 into a
164practitioner profile of the applicant submitting the
165information. The protocol submitted pursuant to s. 464.012(3)
166must be included in the practitioner profile of the applicant
167submitting the information to obtain certification as a advanced
168registered nurse practitioner.
169     Section 4.  Subsections (4) and (5) of section 458.319,
170Florida Statutes, are amended to read:
171     458.319  Renewal of license.--
172     (4)  Notwithstanding the provisions of s. 456.033, a
173physician may complete continuing education on end-of-life care
174and palliative care in lieu of continuing education in AIDS/HIV,
175if that physician has completed the AIDS/HIV continuing
176education in the immediately preceding biennium.
177     (4)(a)(5)(a)  Notwithstanding any provision of this chapter
178or chapter 456, the requirements for the biennial renewal of the
179license of any licensee who is a member of the Legislature shall
180stand continued and extended without the requirement of any
181filing by such a licensee of any notice or application for
182renewal with the board or the department and such licensee's
183license shall be an active status license under this chapter,
184throughout the period that the licensee is a member of the
185Legislature and for a period of 60 days after the licensee
186ceases to be a member of the Legislature.
187     (b)  At any time during the licensee's legislative term of
188office and during the period of 60 days after the licensee
189ceases to be a member of the Legislature, the licensee may file
190a completed renewal application that shall consist solely of:
191     1.  A license renewal fee of $250 for each year the
192licensee's license renewal has been continued and extended
193pursuant to the terms of this subsection since the last
194otherwise regularly scheduled biennial renewal year and each
195year during which the renewed license shall be effective until
196the next regularly scheduled biennial renewal date;
197     2.  Documentation of the completion by the licensee of 10
198hours of continuing medical education credits for each year from
199the effective date of the last renewed license for the licensee
200until the year in which the application is filed; and
201     3.  The information from the licensee expressly required in
202s. 456.039(1)(a)1.-8. and (b), and (4)(a), (b), and (c).
203     (c)  The department and board may not impose any additional
204requirements for the renewal of such licenses and, not later
205than 20 days after receipt of a completed application as
206specified in paragraph (b), shall renew the active status
207license of the licensee, effective on and retroactive to the
208last previous renewal date of the licensee's license. This Said
209license renewal shall be valid until the next regularly
210scheduled biennial renewal date for such said license, and
211thereafter shall be subject to the biennial requirements for
212renewal in this chapter and chapter 456.
213     Section 5.  Subsections (4), (5), and (6) are added to
214section 458.348, Florida Statutes, to read:
215     458.348  Formal supervisory relationships, standing orders,
216and established protocols; notice; standards.--
217     (4)  SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE
218SETTINGS.--A physician who supervises an advanced registered
219nurse practitioner or physician assistant at a medical office
220other than the physician's primary practice location, where the
221advanced registered nurse practitioner or physician assistant is
222not under the onsite supervision of a supervising physician,
223must comply with the standards set forth in this subsection. For
224the purpose of this subsection, a physician's "primary practice
225location" means the address reflected on the physician's profile
226published pursuant to s. 456.041.
227     (a)  A physician who is engaged in providing primary health
228care services may not supervise more than four offices in
229addition to the physician's primary practice location. For the
230purpose of this subsection, "primary health care" means health
231care services that are commonly provided to patients without
232referral from another practitioner, including obstetrical and
233gynecological services, and excludes practices providing
234primarily dermatologic and skin care services, which include
235aesthetic skin care services.
236     (b)  A physician who is engaged in providing specialty
237health care services may not supervise more than two offices in
238addition to the physician's primary practice location. For the
239purpose of this subsection, "specialty health care" means health
240care services that are commonly provided to patients with a
241referral from another practitioner and excludes practices
242providing primarily dermatologic and skin care services, which
243include aesthetic skin care services.
244     (c)  A physician who supervises an advanced registered
245nurse practitioner or physician assistant at a medical office
246other than the physician's primary practice location, where the
247advanced registered nurse practitioner or physician assistant is
248not under the onsite supervision of a supervising physician and
249the services offered at the office are primarily dermatologic or
250skin care services, which include aesthetic skin care services
251other than plastic surgery, must comply with the standards
252listed in subparagraphs 1.-4. Notwithstanding s.
253458.347(4)(e)8., a physician supervising a physician assistant
254pursuant to this paragraph may not be required to review and
255cosign charts or medical records prepared by such physician
256assistant.
257     1.  The physician shall submit to the board the addresses
258of all offices where he or she is supervising an advanced
259registered nurse practitioner or a physician's assistant which
260are not the physician's primary practice location.
261     2.  The physician must be board-certified or board-eligible
262in dermatology or plastic surgery as recognized by the board
263pursuant to s. 458.3312.
264     3.  All such offices that are not the physician's primary
265place of practice must be within 25 miles of the physician's
266primary place of practice or in a county that is contiguous to
267the county of the physician's primary place of practice.
268However, the distance between any of the offices may not exceed
26975 miles.
270     4.  The physician may supervise only one office other than
271the physician's primary place of practice except that until July
2721, 2011, the physician may supervise up to two medical offices
273other than the physician's primary place of practice if the
274addresses of the offices are submitted to the board before July
2751, 2006. Effective July 1, 2011, the physician may supervise
276only one office other than the physician's primary place of
277practice, regardless of when the addresses of the offices were
278submitted to the board.
279     (d)  A physician who supervises an office in addition to
280the physician's primary practice location must conspicuously
281post in each of the physician's offices a current schedule of
282the regular hours when the physician is present in that office
283and the hours when the office is open while the physician is not
284present.
285     (e)  This subsection does not apply to health care services
286provided in facilities licensed under chapter 395 or in
287conjunction with a college of medicine, a college of nursing, an
288accredited graduate medical program, or a nursing education
289program; offices where the only service being performed is hair
290removal by an advanced registered nurse practitioner or
291physician assistant; not-for-profit, family-planning clinics
292that are not licensed pursuant to chapter 390; rural and
293federally qualified health centers; health care services
294provided in a nursing home licensed under part II of chapter
295400, an assisted living facility licensed under part III of
296chapter 400, a continuing care facility licensed under chapter
297651, or a retirement community consisting of independent living
298units and a licensed nursing home or assisted living facility;
299anesthesia services provided in accordance with law; health care
300services provided in a designated rural health clinic; health
301care services provided to persons enrolled in a program designed
302to maintain elderly persons and persons with disabilities in a
303home or community-based setting; university primary care student
304health centers; school health clinics; or health care services
305provided in federal, state, or local government facilities.
306     (5)  REQUIREMENTS FOR NOTICE AND REVIEW.--Upon initial
307referral of a patient by another practitioner, the physician
308receiving the referral must ensure that the patient is informed
309of the type of license held by the physician and the type of
310license held by any other practitioner who will be providing
311services to the patient. When scheduling the initial examination
312or consultation following such referral, the patient may decide
313to see the physician or any other licensed practitioner
314supervised by the physician and, before the initial examination
315or consultation, shall sign a form indicating the patient's
316choice of practitioner. The supervising physician must review
317the medical record of the initial examination or consultation
318and ensure that a written report of the initial examination or
319consultation is furnished to the referring practitioner within
32010 business days following the completion of the initial
321examination or consultation.
322     (6)  LIMITATION ON RULEMAKING.--This section is self-
323self-executing and does not require or provide authority for
324additional rulemaking.
325     Section 6.  Subsection (5) of section 459.008, Florida
326Statutes, is repealed.
327     Section 7.  Section 459.025, Florida Statutes, is created
328to read:
329     459.025  Formal supervisory relationships, standing orders,
330and established protocols; notice; standards.--
331     (1)  NOTICE.--
332     (a)  When an osteopathic physician enters into a formal
333supervisory relationship or standing orders with an emergency
334medical technician or paramedic licensed pursuant to s. 401.27,
335which relationship or orders contemplate the performance of
336medical acts, or when an osteopathic physician enters into an
337established protocol with an advanced registered nurse
338practitioner, which protocol contemplates the performance of
339medical acts identified and approved by the joint committee
340pursuant to s. 464.003(3)(c) or acts set forth in s. 464.012(3)
341and (4), the osteopathic physician shall submit notice to the
342board. The notice must contain a statement in substantially the
343following form:
344     I, (name and professional license number of osteopathic
345physician), of (address of osteopathic physician) have hereby
346entered into a formal supervisory relationship, standing orders,
347or an established protocol with (number of persons) emergency
348medical technician(s), (number of persons) paramedic(s), or
349(number of persons) advanced registered nurse practitioner(s).
350     (b)  Notice shall be filed within 30 days after entering
351into the relationship, orders, or protocol. Notice also shall be
352provided within 30 days after the osteopathic physician has
353terminated any such relationship, orders, or protocol.
354     (2)  PROTOCOLS REQUIRING DIRECT SUPERVISION.--All protocols
355relating to electrolysis or electrology using laser or
356light-based hair removal or reduction by persons other than
357osteopathic physicians licensed under this chapter or chapter
358458 shall require the person performing such service to be
359appropriately trained and to work only under the direct
360supervision and responsibility of an osteopathic physician
361licensed under this chapter or chapter 458.
362     (3)  SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE
363SETTINGS.--An osteopathic physician who supervises an advanced
364registered nurse practitioner or physician assistant at a
365medical office other than the osteopathic physician's primary
366practice location, where the advanced registered nurse
367practitioner or physician assistant is not under the onsite
368supervision of a supervising osteopathic physician, must comply
369with the standards set forth in this subsection. For the purpose
370of this subsection, an osteopathic physician's "primary practice
371location" means the address reflected on the physician's profile
372published pursuant to s. 456.041.
373     (a)  An osteopathic physician who is engaged in providing
374primary health care services may not supervise more than four
375offices in addition to the osteopathic physician's primary
376practice location. For the purpose of this subsection, "primary
377health care" means health care services that are commonly
378provided to patients without referral from another practitioner,
379including obstetrical and gynecological services, and excludes
380practices providing primarily dermatologic and skin care
381services, which include aesthetic skin care services.
382     (b)  An osteopathic physician who is engaged in providing
383specialty health care services may not supervise more than two
384offices in addition to the osteopathic physician's primary
385practice location. For the purpose of this subsection,
386"specialty health care" means health care services that are
387commonly provided to patients with a referral from another
388practitioner and excludes practices providing primarily
389dermatologic and skin care services, which include aesthetic
390skin care services.
391     (c)  An osteopathic physician who supervises an advanced
392registered nurse practitioner or physician assistant at a
393medical office other than the osteopathic physician's primary
394practice location, where the advanced registered nurse
395practitioner or physician assistant is not under the onsite
396supervision of a supervising osteopathic physician and the
397services offered at the office are primarily dermatologic or
398skin care services, which include aesthetic skin care services
399other than plastic surgery, must comply with the standards
400listed in subparagraphs 1.-4. Notwithstanding s.
401459.022(4)(e)8., an osteopathic physician supervising a
402physician assistant pursuant to this paragraph may not be
403required to review and cosign charts or medical records prepared
404by such physician assistant.
405     1.  The osteopathic physician shall submit to the Board of
406Osteopathic Medicine the addresses of all offices where he or
407she is supervising or has a protocol with an advanced registered
408nurse practitioner or a physician's assistant which are not the
409osteopathic physician's primary practice location.
410     2.  The osteopathic physician must be board-certified or
411board-eligible in dermatology or plastic surgery as recognized
412by the Board of Osteopathic Medicine pursuant to s. 459.0152.
413     3.  All such offices that are not the osteopathic
414physician's primary place of practice must be within 25 miles of
415the osteopathic physician's primary place of practice or in a
416county that is contiguous to the county of the osteopathic
417physician's primary place of practice. However, the distance
418between any of the offices may not exceed 75 miles.
419     4.  The osteopathic physician may supervise only one office
420other than the osteopathic physician's primary place of practice
421except that until July 1, 2011, the osteopathic physician may
422supervise up to two medical offices other than the osteopathic
423physician's primary place of practice if the addresses of the
424offices are submitted to the Board of Osteopathic Medicine
425before July 1, 2006. Effective July 1, 2011, the osteopathic
426physician may supervise only one office other than the
427osteopathic physician's primary place of practice, regardless of
428when the addresses of the offices were submitted to the Board of
429Osteopathic Medicine.
430     (d)  An osteopathic physician who supervises an office in
431addition to the osteopathic physician's primary practice
432location must conspicuously post in each of the osteopathic
433physician's offices a current schedule of the regular hours when
434the osteopathic physician is present in that office and the
435hours when the office is open while the osteopathic physician is
436not present.
437     (e)  This subsection does not apply to health care services
438provided in facilities licensed under chapter 395 or in
439conjunction with a college of medicine or college of nursing or
440an accredited graduate medical or nursing education program;
441offices where the only service being performed is hair removal
442by an advanced registered nurse practitioner or physician
443assistant; not-for-profit, family-planning clinics that are not
444licensed pursuant to chapter 390; rural and federally qualified
445health centers; health care services provided in a nursing home
446licensed under part II of chapter 400, an assisted living
447facility licensed under part III of chapter 400, a continuing
448care facility licensed under chapter 651, or a retirement
449community consisting of independent living units and either a
450licensed nursing home or assisted living facility; anesthesia
451services provided in accordance with law; health care services
452provided in a designated rural health clinic; health care
453services provided to persons enrolled in a program designed to
454maintain elderly persons and persons with disabilities in a home
455or community-based setting; university primary care student
456health centers; school health clinics; or health care services
457provided in federal, state, or local government facilities.
458     (4)  REQUIREMENTS FOR NOTICE AND REVIEW.--Upon initial
459referral of a patient by another practitioner, the osteopathic
460physician receiving the referral must ensure that the patient is
461informed of the type of license held by the osteopathic
462physician and the type of license held by any other practitioner
463who will be providing services to the patient. When scheduling
464the initial examination or consultation following such referral,
465the patient may decide to see the osteopathic physician or any
466other licensed practitioner supervised by the osteopathic
467physician and, before the initial examination or consultation,
468shall sign a form indicating the patient's choice of
469practitioner. The supervising osteopathic physician must review
470the medical record of the initial examination or consultation
471and ensure that a written report of the initial examination or
472consultation is furnished to the referring practitioner within
47310 business days following the completion of the initial
474examination or consultation.
475     (5)  LIMITATION ON RULEMAKING.--This section is self-
476self-executing and does not require or provide authority for
477additional rulemaking.
478     Section 8.  Subsection (3) of section 464.012, Florida
479Statutes, is amended to read:
480     464.012  Certification of advanced registered nurse
481practitioners; fees.--
482     (3)  An advanced registered nurse practitioner shall
483perform those functions authorized in this section within the
484framework of an established protocol that is filed with the
485board upon biennial license renewal and within 30 days after
486entering into a supervisory relationship with a physician or
487changes to the protocol. The board shall review the protocol to
488ensure compliance with applicable regulatory standards for
489protocols. The board shall refer to the department licensees
490submitting protocols that are not compliant with the regulatory
491standards for protocols. A practitioner currently licensed under
492chapter 458, chapter 459, or chapter 466 shall maintain
493supervision for directing the specific course of medical
494treatment.  Within the established framework, an advanced
495registered nurse practitioner may:
496     (a)  Monitor and alter drug therapies.
497     (b)  Initiate appropriate therapies for certain conditions.
498     (c)  Perform additional functions as may be determined by
499rule in accordance with s. 464.003(3)(c).
500     (d)  Order diagnostic tests and physical and occupational
501therapy.
502     Section 9.  This act shall take effect July 1, 2006.
503
504======= T I T L E  A M E N D M E N T ==========
505     Remove the entire title and insert:
506
A bill to be entitled
507An act relating to health care practitioners; amending s.
508456.031, F.S.; revising requirements for instruction of
509certain health care practitioners concerning domestic
510violence; amending s. 456.033, F.S.; revising requirements
511for instruction of certain health care practitioners
512concerning HIV and AIDS; amending s. 456.041, F.S.;
513requiring advanced registered nurse practitioners to
514submit protocols as part of practitioner profiles to the
515Department of Health; amending s. 458.319, F.S.;
516eliminating an option for medical physicians to complete
517continuing education courses in end-of-life care in lieu
518of continuing education in AIDS/HIV; amending s. 458.348,
519F.S.; providing requirements for the supervision of
520certain health care practitioners by physicians; providing
521that the section is self-executing; repealing s.
522459.008(5), F.S.; eliminating an option for osteopathic
523physicians to complete continuing education courses in
524end-of-life care in lieu of continuing education in
525AIDS/HIV; creating s. 459.025, F.S.; providing
526requirements for the supervision of certain health care
527practitioners by osteopathic physicians; requiring
528physicians or osteopathic physicians to supervise certain
529persons performing electrolysis using laser or light-based
530hair removal or reduction; providing that the section is
531self-executing; amending s. 464.012, F.S.; requiring
532certain advanced registered nurse practitioners to file
533protocols with the Board of Nursing; specifying
534requirements for the protocols; providing an effective
535date.


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