HB 7141

1	A bill to be entitled
2	An act relating to the licensure of health care providers;
3	creating pts. I, II, III, and IV of ch. 408, F.S.;
4	creating s. 408.801, F.S.; providing a short title;
5	providing legislative findings and purpose; creating s.
6	408.802, F.S.; providing applicability; creating s.
7	408.803, F.S.; providing definitions; creating s. 408.804,
8	F.S.; requiring providers to have and display a license;
9	providing limitations; creating s. 408.805, F.S.;
10	establishing license fees and conditions for assessment
11	thereof; providing a method for calculating annual
12	adjustment of fees; providing for inspection fees;
13	providing that fees are nonrefundable; creating s.
14	408.806, F.S.; providing a license application process;
15	requiring specified information to be included on the
16	application; requiring payment of late fees under certain
17	circumstances; requiring inspections; providing an
18	exception; authorizing the Agency for Health Care
19	Administration to establish procedures and rules for
20	electronic transmission of required information; creating
21	s. 408.807, F.S.; providing procedures for change of
22	ownership; requiring the transferor to notify the agency
23	in writing within a specified time period; providing for
24	duties and liability of the transferor; providing for
25	maintenance of certain records; creating s. 408.808, F.S.;
26	providing license categories and requirements therefor;
27	creating s. 408.809, F.S.; requiring background screening
28	of specified employees; providing for submission of proof
29	of compliance, under certain circumstances; providing
30	conditions for granting provisional and standard licenses;
31	providing an exception to screening requirements; creating
32	s. 408.810, F.S.; providing minimum licensure
33	requirements; providing procedures for discontinuance of
34	operation and surrender of license; requiring forwarding
35	of client records; requiring publication of a notice of
36	discontinuance of operation of a provider; providing for
37	statewide toll-free telephone numbers for reporting
38	complaints and abusive, neglectful, and exploitative
39	practices; requiring proof of legal right to occupy
40	property, proof of insurance, and proof of financial
41	viability, under certain circumstances; requiring
42	disclosure of information relating to financial
43	instability; providing a penalty; prohibiting the agency
44	from licensing a health care provider that does not have a
45	certificate of need or an exemption; creating s. 408.811,
46	F.S.; providing for inspections and investigations to
47	determine compliance; providing that inspection reports
48	are public records; requiring retention of records for a
49	specified period of time; creating s. 408.812, F.S.;
50	prohibiting certain unlicensed activity by a provider;
51	requiring unlicensed providers to cease activity;
52	providing penalties; requiring reporting of unlicensed
53	providers; creating s. 408.813, F.S.; authorizing the
54	agency to impose administrative fines; creating s.
55	408.814, F.S.; providing conditions for the agency to
56	impose a moratorium or emergency suspension on a provider;
57	requiring notice; creating s. 408.815, F.S.; providing
58	grounds for denial or revocation of a license or change-
59	of-ownership application; providing conditions to continue
60	operation; exempting renewal applications from provisions
61	requiring the agency to approve or deny an application
62	within a specified period of time, under certain
63	circumstances; creating s. 408.816, F.S.; authorizing the
64	agency to institute injunction proceedings, under certain
65	circumstances; creating s. 408.817, F.S.; providing basis
66	for review of administrative proceedings challenging
67	agency licensure enforcement action; creating s. 408.818,
68	F.S.; requiring fees and fines related to health care
69	licensing to be deposited into the Health Care Trust Fund;
70	creating s. 408.819, F.S.; authorizing the agency to adopt
71	rules; providing a timeframe for compliance; creating s.
72	408.820, F.S.; providing exemptions from specified
73	requirements of pt. II of ch. 408, F.S.; amending s.
74	400.801, F.S.; providing that the definition of homes for
75	special services applies to sites licensed by the agency
76	after a certain date; amending s. 400.9905, F.S.;
77	excluding certain entities from the definition of
78	"clinic"; amending s. 408.036, F.S.; exempting a nursing
79	home created by combining certain licensed beds from
80	requirements for obtaining a certificate of need from the
81	agency; providing for future repeal; amending s. 408.831,
82	F.S.; revising provisions relating to agency action to
83	deny, suspend, or revoke a license, registration,
84	certificate, or application; conforming cross-references;
85	providing for priority of application in case of conflict;
86	authorizing the agency to adjust annual licensure fees to
87	provide biennial licensure fees; requesting interim
88	assistance of the Division of Statutory Revision to
89	prepare conforming legislation for the 2007 Regular
90	Session; authorizing the agency to issue licenses for less
91	than a specified time period and providing conditions
92	therefor; providing an effective date.
93
94	Be It Enacted by the Legislature of the State of Florida:
95
96	Section 1.  Part I of chapter 408, Florida Statutes,
97	consisting of sections 408.031, 408.032, 408.033, 408.034,
98	408.035, 408.036, 408.0361, 408.037, 408.038, 408.039, 408.040,
99	408.041, 408.042, 408.043, 408.044, 408.045, 408.0455, 408.05,
100	408.061, 408.062, 408.063, 408.07, 408.08, 408.09, 408.10,
101	408.15, 408.16, 408.18, 408.185, 408.20, 408.301, 408.302,
102	408.40, 408.50, 408.70, 408.7056, 408.7057, and 408.7071,
103	Florida Statutes, is created and entitled "Health Facility and
104	Services Planning."
105	Section 2.  Part II of chapter 408, Florida Statutes,
106	consisting of sections 408.801, 408.802, 408.803, 408.804,
107	408.805, 408.806, 408.807, 408.808, 408.809, 408.810, 408.811,
108	408.812, 408.813, 408.814, 408.815, 408.816, 408.817, 408.818,
109	408.819, 408.820, and 408.831, Florida Statutes, is created and
110	entitled "Health Care Licensing: General Provisions."
111	Section 3.  Part III of chapter 408, Florida Statutes,
112	consisting of sections 408.90, 408.901, 408.902, 408.903,
113	408.904, 408.905, 408.906, 408.907, 408.908, and 408.909,
114	Florida Statutes, is created and entitled "Health Insurance
115	Access."
116	Section 4.  Part IV of chapter 408, Florida Statutes,
117	consisting of sections 408.911, 408.913, 408.914, 408.915,
118	408.916, 408.917, and 408.918, Florida Statutes, is created and
119	entitled "Health and Human Services Eligibility Access System."
120	Section 5.  Sections 408.801, 408.802, 408.803, 408.804,
121	408.805, 408.806, 408.807, 408.808, 408.809, 408.810, 408.811,
122	408.812, 408.813, 408.814, 408.815, 408.816, 408.817, 408.818,
123	408.819, and 408.820, Florida Statutes, are created to read:
124	408.801  Short title; purpose.--
125	(1)  This part may be cited as the "Health Care Licensing
126	Procedures Act."
127	(2)  The Legislature finds that there is unnecessary
128	duplication and variation in the requirements for licensure by
129	the agency. It is the intent of the Legislature to provide a
130	streamlined and consistent set of basic licensing requirements
131	for all such providers in order to minimize confusion,
132	standardize terminology, and include issues that are otherwise
133	not adequately addressed in the Florida Statutes pertaining to
134	specific providers.
135	408.802  Applicability.--The provisions of this part apply
136	to the provision of services that require licensure as defined
137	in this part and to the following entities licensed, registered,
138	or certified by the agency, as described in chapters 112, 383,
139	390, 394, 395, 400, 440, 483, and 765:
140	(1)  Laboratories authorized to perform testing under the
141	Drug-Free Workplace Act, as provided under ss. 112.0455 and
142	440.102.
143	(2)  Birth centers, as provided under chapter 383.
144	(3)  Abortion clinics, as provided under chapter 390.
145	(4)  Crisis stabilization units, as provided under parts I
146	and IV of chapter 394.
147	(5)  Short-term residential treatment facilities, as
148	provided under parts I and IV of chapter 394.
149	(6)  Residential treatment facilities, as provided under
150	part IV of chapter 394.
151	(7)  Residential treatment centers for children and
152	adolescents, as provided under part IV of chapter 394.
153	(8)  Hospitals, as provided under part I of chapter 395.
154	(9)  Ambulatory surgical centers, as provided under part I
155	of chapter 395.
156	(10)  Mobile surgical facilities, as provided under part I
157	of chapter 395.
158	(11)  Private review agents, as provided under part I of
159	chapter 395.
160	(12)  Health care risk managers, as provided under part I
161	of chapter 395.
162	(13)  Nursing homes, as provided under part II of chapter
163	400.
164	(14)  Assisted living facilities, as provided under part
165	III of chapter 400.
166	(15)  Home health agencies, as provided under part IV of
167	chapter 400.
168	(16)  Nurse registries, as provided under part IV of
169	chapter 400.
170	(17)  Companion services or homemaker services providers,
171	as provided under part IV of chapter 400.
172	(18)  Adult day care centers, as provided under part V of
173	chapter 400.
174	(19)  Hospices, as provided under part VI of chapter 400.
175	(20)  Adult family-care homes, as provided under part VII
176	of chapter 400.
177	(21)  Homes for special services, as provided under part
178	VIII of chapter 400.
179	(22)  Transitional living facilities, as provided under
180	part VIII of chapter 400.
181	(23)  Prescribed pediatric extended care centers, as
182	provided under part IX of chapter 400.
183	(24)  Home medical equipment providers, as provided under
184	part X of chapter 400.
185	(25)  Intermediate care facilities for persons with
186	developmental disabilities, as provided under part XI of chapter
187	400.
188	(26)  Health care services pools, as provided under part
189	XII of chapter 400.
190	(27)  Health care clinics, as provided under part XIII of
191	chapter 400.
192	(28)  Clinical laboratories, as provided under part I of
193	chapter 483.
194	(29)  Multiphasic health testing centers, as provided under
195	part II of chapter 483.
196	(30)  Organ and tissue procurement agencies, as provided
197	under chapter 765.
198	408.803  Definitions.--As used in this part, the term:
199	(1)  "Agency" means the Agency for Health Care
200	Administration, which is the licensing agency under this part.
201	(2)  "Applicant" means an individual, corporation,
202	partnership, firm, association, or governmental entity that
203	submits an application for a license to the agency.
204	(3)  "Authorizing statute" means the statute authorizing
205	the licensed operation of a provider listed in s. 408.802 and
206	includes chapters 112, 383, 390, 394, 395, 400, 440, 483, and
207	765.
208	(4)  "Certification" means certification as a Medicare or
209	Medicaid provider of the services that require licensure, or
210	certification pursuant to the federal Clinical Laboratory
211	Improvement Amendment (CLIA).
212	(5)  "Change of ownership" means an event in which the
213	licensee changes to a different legal entity or in which 45
214	percent or more of the ownership, voting shares, or controlling
215	interest in a corporation whose shares are not publicly traded
216	on a recognized stock exchange is transferred or assigned,
217	including the final transfer or assignment of multiple transfers
218	or assignments over a 2-year period that cumulatively total 45
219	percent or greater. A change solely in the management company or
220	board of directors is not a change of ownership.
221	(6)  "Client" means any person receiving services from a
222	provider listed in s. 408.802.
223	(7)  "Controlling interest" means:
224	(a)  The applicant or licensee;
225	(b)  A person or entity that serves as an officer of, is on
226	the board of directors of, or has a 5-percent or greater
227	ownership interest in the applicant or licensee; or
228	(c)  A person or entity that serves as an officer of, is on
229	the board of directors of, or has a 5-percent or greater
230	ownership interest in the management company or other entity,
231	related or unrelated, with which the applicant or licensee
232	contracts to manage the provider.
233
234	The term does not include a voluntary board member.
235	(8)  "License" means any permit, registration, certificate,
236	or license issued by the agency.
237	(9)  "Licensee" means an individual, corporation,
238	partnership, firm, association, or governmental entity that is
239	issued a permit, registration, certificate, or license by the
240	agency. The licensee is legally responsible for all aspects of
241	the provider operation.
242	(10)  "Moratorium" means a prohibition on the acceptance of
243	new clients.
244	(11)  "Provider" means any activity, service, agency, or
245	facility regulated by the agency and listed in s. 408.802.
246	(12)  "Services that require licensure" means those
247	services, including residential services, that require a valid
248	license before those services may be provided in accordance with
249	authorizing statutes and agency rules.
250	(13)  "Voluntary board member" means a board member of a
251	not-for-profit corporation or organization who serves solely in
252	a voluntary capacity, does not receive any remuneration for his
253	or her services on the board of directors, and has no financial
254	interest in the corporation or organization. The agency shall
255	recognize a person as a voluntary board member following
256	submission of a statement to the agency by the board member and
257	the not-for-profit corporation or organization that affirms that
258	the board member conforms to this definition. The statement
259	affirming the status of the board member must be submitted to
260	the agency on a form provided by the agency.
261	408.804  License required; display.--
262	(1)  It is unlawful to provide services that require
263	licensure, or operate or maintain a provider that offers or
264	provides services that require licensure, without first
265	obtaining from the agency a license authorizing the provision of
266	such services or the operation or maintenance of such provider.
267	(2)  A license must be displayed in a conspicuous place
268	readily visible to clients who enter at the address that appears
269	on the license and is valid only in the hands of the licensee to
270	whom it is issued and may not be sold, assigned, or otherwise
271	transferred, voluntarily or involuntarily. The license is valid
272	only for the licensee, provider, and location for which the
273	license is issued.
274	408.805  Fees required; adjustments.--Unless otherwise
275	limited by authorizing statutes, license fees must be reasonably
276	calculated by the agency to cover its costs in carrying out its
277	responsibilities under this part, authorizing statutes, and
278	applicable rules, including the cost of licensure, inspection,
279	and regulation of providers.
280	(1)  Licensure fees shall be adjusted to provide for
281	biennial licensure under agency rules.
282	(2)  The agency shall annually adjust licensure fees,
283	including fees paid per bed, by not more than the change in the
284	Consumer Price Index based on the 12 months immediately
285	preceding the increase.
286	(3)  An inspection fee must be paid as required in
287	authorizing statutes.
288	(4)  Fees are nonrefundable.
289	(5)  When a change is reported that requires issuance of a
290	license, a fee may be assessed. The fee must be based on the
291	actual cost of processing and issuing the license.
292	(6)  A fee may be charged to a licensee requesting a
293	duplicate license. The fee may not exceed the actual cost of
294	duplication and postage.
295	(7)  Total fees collected may not exceed the cost of
296	administering this part, authorizing statutes, and applicable
297	rules.
298	408.806  License application process.--
299	(1)  An application for licensure must be made to the
300	agency on forms furnished by the agency, submitted under oath,
301	and accompanied by the appropriate fee in order to be accepted
302	and considered timely. The application must contain information
303	required by authorizing statutes and applicable rules and must
304	include:
305	(a)  The name, address, and social security number of the
306	applicant and each controlling interest if the applicant or
307	controlling interest is an individual.
308	(b)  The name, address, and federal employer identification
309	number or taxpayer identification number of the applicant and
310	each controlling interest if the applicant or controlling
311	interest is not an individual.
312	(c)  The name by which the provider is to be known.
313	(d)  The total number of beds or capacity requested, as
314	applicable.
315	(e)  The name of the person or persons under whose
316	management or supervision the provider will operate and the name
317	of the administrator, if required.
318	(f)  If the applicant offers continuing care agreements as
319	defined in chapter 651, proof shall be furnished that the
320	applicant has obtained a certificate of authority as required
321	for operation under chapter 651.
322	(g)  Other information, including satisfactory inspection
323	results, that the agency finds necessary to determine the
324	ability of the applicant to carry out its responsibilities under
325	this part, authorizing statutes, and applicable rules.
326	(2)(a)  The applicant for a renewal license must submit an
327	application that must be received by the agency at least 60 days
328	prior to the expiration of the current license. If the renewal
329	application and fee are received prior to the license expiration
330	date, the license shall not be deemed to have expired if the
331	license expiration date occurs during the agency's review of the
332	renewal application.
333	(b)  The applicant for initial licensure due to a change of
334	ownership must submit an application that must be received by
335	the agency at least 60 days prior to the date of change of
336	ownership.
337	(c)  For any other application or request, the applicant
338	must submit an application or request that must be received by
339	the agency at least 60 days prior to the requested effective
340	date, unless otherwise specified in authorizing statutes or
341	applicable rules.
342	(d)  The agency shall notify the licensee by mail or
343	electronically at least 90 days prior to the expiration of a
344	license that a renewal license is necessary to continue
345	operation. The failure to timely submit a renewal application
346	and license fee shall result in a $50 per day late fee charged
347	to the licensee by the agency; however, the aggregate amount of
348	the late fee may not exceed 50 percent of the licensure fee or
349	$500, whichever is less. If an application is received after the
350	required filing date and exhibits a hand-canceled postmark
351	obtained from a United States post office dated on or before the
352	required filing date, no fine will be levied.
353	(3)(a)  Upon receipt of an application for a license, the
354	agency shall examine the application and, within 30 days after
355	receipt, notify the applicant in writing of any apparent errors
356	or omissions and request any additional information required.
357	(b)  Requested information omitted from an application for
358	licensure, license renewal, or change of ownership, other than
359	an inspection, must be filed with the agency within 21 days
360	after the agency's request for omitted information or the
361	application shall be deemed incomplete and shall be withdrawn
362	from further consideration and the fees shall be forfeited.
363	(c)  Within 60 days after the receipt of a complete
364	application, the agency shall approve or deny the application.
365	(4)(a)  Licensees subject to the provisions of this part
366	shall be issued biennial licenses unless conditions of the
367	license category specify a shorter license period.
368	(b)  Each license issued shall indicate the name of the
369	licensee, the type of provider or service that the licensee is
370	required or authorized to operate or offer, the date the license
371	is effective, the expiration date of the license, the maximum
372	capacity of the licensed premises, if applicable, and any other
373	information required or deemed necessary by the agency.
374	(5)  In accordance with authorizing statutes and applicable
375	rules, proof of compliance with s. 408.810 must be submitted
376	with an application for licensure.
377	(6)  The agency may not issue an initial license to a
378	health care provider subject to the certificate-of-need
379	provisions in part I of this chapter if the licensee has not
380	been issued a certificate of need or certificate-of-need
381	exemption, when applicable. Failure to apply for the renewal of
382	a license prior to the expiration date renders the license void.
383	(7)(a)  An applicant must demonstrate compliance with the
384	requirements in this part, authorizing statutes, and applicable
385	rules during an inspection pursuant to s. 408.811, as required
386	by authorizing statutes.
387	(b)  An initial inspection is not required for companion
388	services or homemaker services providers, as provided under part
389	IV of chapter 400, or for health care services pools, as
390	provided under part XII of chapter 400.
391	(c)  If an inspection is required by the authorizing
392	statute for a license application other than an initial
393	application, the inspection must be unannounced. This paragraph
394	does not apply to inspections required pursuant to ss. 383.324,
395	395.0161(4), and 483.061(2).
396	(d)  If a provider is not available when an inspection is
397	attempted, the application shall be denied.
398	(8)  The agency may establish procedures for the electronic
399	notification and submission of required information, including,
400	but not limited to:
401	(a)  Licensure applications.
402	(b)  Required signatures.
403	(c)  Payment of fees.
404	(d)  Notarization of applications.
405
406	Requirements for electronic submission of any documents required
407	by this part or authorizing statutes may be established by rule.
408	408.807  Change of ownership.--Whenever a change of
409	ownership occurs:
410	(1)  The transferor shall notify the agency in writing at
411	least 60 days before the anticipated date of the change of
412	ownership.
413	(2)  The transferee shall make application to the agency
414	for a license within the timeframes required in s. 408.806.
415	(3)  The transferor shall be responsible and liable for:
416	(a)  The lawful operation of the provider and the welfare
417	of the clients served until the date the transferee is licensed
418	by the agency.
419	(b)  Any and all penalties imposed against the transferor
420	for violations occurring before the date of change of ownership.
421	(4)  Any restriction on licensure, including a conditional
422	license existing at the time of a change of ownership, shall
423	remain in effect until the agency determines that the grounds
424	for the restriction are corrected.
425	(5)  The transferee shall maintain records of the
426	transferor as required in this part, authorizing statutes, and
427	applicable rules, including:
428	(a)  All client records.
429	(b)  Inspection reports.
430	(c)  All records required to be maintained pursuant to s.
431	409.913, if applicable.
432	408.808  License categories.--
433	(1)  STANDARD LICENSE.--A standard license may be issued to
434	an applicant at the time of initial licensure, license renewal,
435	or change of ownership. A standard license shall be issued when
436	the applicant is in compliance with all statutory requirements
437	and agency rules. Unless sooner revoked, a standard license
438	expires 2 years after the date of issue.
439	(2)  PROVISIONAL LICENSE.--A provisional license may be
440	issued to an applicant pursuant to s. 408.809(3). An applicant
441	against whom a proceeding denying or revoking a license is
442	pending at the time of license renewal may be issued a
443	provisional license effective until final action not subject to
444	further appeal.
445	(3)  INACTIVE LICENSE.--An inactive license may be issued
446	to a health care provider subject to the certificate-of-need
447	provisions in part I of this chapter when the provider is
448	currently licensed, does not have a provisional license, and
449	will be temporarily unable to provide services but is reasonably
450	expected to resume services within 12 months. Such designation
451	may be made for a period not to exceed 12 months but may be
452	renewed by the agency for up to 12 additional months upon
453	demonstration by the licensee of the provider's progress toward
454	reopening. A request by a licensee for an inactive license or to
455	extend the previously approved inactive period must be submitted
456	to the agency and must include a written justification for the
457	inactive license with the beginning and ending dates of
458	inactivity specified, a plan for the transfer of any clients to
459	other providers, and the appropriate licensure fees. The agency
460	may not accept a request that is submitted after initiating
461	closure, after any suspension of service, or after notifying
462	clients of closure or suspension of service, unless the action
463	is a result of a disaster at the licensed premises. For the
464	purposes of this section, the term "disaster" means a sudden
465	emergency occurrence beyond the control of the licensee, whether
466	natural, technological, or manmade, which renders the provider
467	inoperable at the premises. Upon agency approval, the provider
468	shall notify clients of any necessary discharge or transfer as
469	required by authorizing statutes or applicable rules. The
470	beginning of the inactive license period is the date the
471	provider ceases operations. The end of the inactive license
472	period shall become the license expiration date. All licensure
473	fees must be current, must be paid in full, and may be prorated.
474	Reactivation of an inactive license requires the approval of a
475	renewal application, including payment of licensure fees and
476	agency inspections indicating compliance with all requirements
477	of this part, authorizing statutes, and applicable rules.
478	(4)  OTHER LICENSES.--Other types of license categories may
479	be issued pursuant to authorizing statutes or applicable rules.
480	408.809  Background screening; prohibited offenses.--
481	(1)  Level 2 background screening pursuant to chapter 435
482	must be conducted through the agency on each of the following
483	persons, who shall be considered an employee for the purposes of
484	conducting screening under chapter 435:
485	(a)  The licensee, if an individual.
486	(b)  The administrator or a similarly titled person who is
487	responsible for the day-to-day operation of the provider.
488	(c)  The financial officer or similarly titled individual
489	who is responsible for the financial operation of the licensee
490	or provider.
491	(d)  Any person who is a controlling interest if the agency
492	has reason to believe that such person has been convicted of any
493	offense prohibited by s. 435.04. For each controlling interest
494	who has been convicted of any such offense, the licensee shall
495	submit to the agency a description and explanation of the
496	conviction at the time of license application.
497	(2)  Proof of compliance with level 2 screening standards
498	submitted within the previous 5 years to meet any provider or
499	professional licensure requirements of the agency, the
500	Department of Health, the Agency for Persons with Disabilities,
501	or the Department of Children and Family Services satisfies the
502	requirements of this section, provided that such proof is
503	accompanied, under penalty of perjury, by an affidavit of
504	compliance with the provisions of chapter 435 using forms
505	provided by the agency. Proof of compliance with the background
506	screening requirements of the Department of Financial Services
507	submitted within the previous 5 years for an applicant for a
508	certificate of authority to operate a continuing care retirement
509	community under chapter 651 satisfies the Department of Law
510	Enforcement and Federal Bureau of Investigation portions of a
511	level 2 background check.
512	(3)  A provisional license may be granted to an applicant
513	when each individual required by this section to undergo
514	background screening has met the standards for the Department of
515	Law Enforcement background check but the agency has not yet
516	received background screening results from the Federal Bureau of
517	Investigation. A standard license may be granted to the licensee
518	upon the agency's receipt of a report of the results of the
519	Federal Bureau of Investigation background screening for each
520	individual required by this section to undergo background
521	screening that confirms that all standards have been met or upon
522	the granting of an exemption from disqualification by the agency
523	as set forth in chapter 435.
524	(4)  When a person is newly employed in a capacity that
525	requires screening under this section, the licensee must notify
526	the agency of the change within the time period specified in the
527	authorizing statute or rules and must submit to the agency
528	information necessary to conduct level 2 screening or provide
529	evidence of compliance with background screening requirements of
530	this section. The person may serve in his or her capacity
531	pending the agency's receipt of the report from the Federal
532	Bureau of Investigation if he or she has met the standards for
533	the Department of Law Enforcement background check. However, the
534	person may not continue to serve in his or her capacity if the
535	report indicates any violation of background screening standards
536	unless an exemption from disqualification has been granted by
537	the agency as set forth in chapter 435.
538	(5)  Background screening is not required to obtain a
539	certificate of exemption issued under s. 483.106.
540	408.810  Minimum licensure requirements.--In addition to
541	the licensure requirements specified in this part, authorizing
542	statutes, and applicable rules, each applicant and licensee must
543	comply with the requirements of this section in order to obtain
544	and maintain a license.
545	(1)  An applicant for licensure must comply with the
546	background screening requirements of s. 408.809.
547	(2)  An applicant for licensure must provide a description
548	and explanation of any exclusions, suspensions, or terminations
549	of the applicant from the Medicare, Medicaid, or federal
550	Clinical Laboratory Improvement Amendment (CLIA) programs.
551	(3)  Unless otherwise specified in this part, authorizing
552	statutes, or applicable rules, any information required to be
553	reported to the agency must be submitted within 21 calendar days
554	after the report period or effective date of the information.
555	(4)  Whenever a licensee discontinues operation of a
556	provider:
557	(a)  The licensee must inform the agency not less than 30
558	days prior to the discontinuance of operation and inform clients
559	of such discontinuance as required by authorizing statutes.
560	Immediately upon discontinuance of operation by a provider, the
561	licensee shall surrender the license to the agency and the
562	license shall be canceled.
563	(b)  The licensee shall remain responsible for retaining
564	and appropriately distributing all records within the timeframes
565	prescribed in authorizing statutes and applicable rules. In
566	addition, the licensee or, in the event of death or dissolution
567	of a licensee, the estate or agent of the licensee shall:
568	1.  Make arrangements to forward records for each client to
569	one of the following, based upon the client's choice: the client
570	or the client's legal representative, the client's attending
571	physician, or the health care provider where the client
572	currently receives services; or
573	2.  Cause a notice to be published in the newspaper of
574	greatest general circulation in the county in which the provider
575	was located that advises clients of the discontinuance of the
576	provider operation. The notice must inform clients that they may
577	obtain copies of their records and specify the name, address,
578	and telephone number of the person from whom the copies of
579	records may be obtained. The notice must appear at least once a
580	week for 4 consecutive weeks.
581	(5)(a)  On or before the first day services are provided to
582	a client, a licensee must inform the client and his or her
583	immediate family or representative, if appropriate, of the right
584	to report:
585	1.  Complaints. The statewide toll-free telephone number
586	for reporting complaints to the agency must be provided to
587	clients in a manner that is clearly legible and must include the
588	words: "To report a complaint regarding the services you
589	receive, please call toll-free (phone number)."
590	2.  Abusive, neglectful, or exploitative practices. The
591	statewide toll-free telephone number for the central abuse
592	hotline must be provided to clients in a manner that is clearly
593	legible and must include the words: "To report abuse, neglect,
594	or exploitation, please call toll-free (phone number)." The
595	agency shall publish a minimum of a 90-day advance notice of a
596	change in the toll-free telephone numbers.
597	(b)  Each licensee shall establish appropriate policies and
598	procedures for providing such notice to clients.
599	(6)  An applicant must provide the agency with proof of the
600	applicant's legal right to occupy the property before a license
601	may be issued. Proof may include, but need not be limited to,
602	copies of warranty deeds, lease or rental agreements, contracts
603	for deeds, quitclaim deeds, or other such documentation.
604	(7)  If proof of insurance is required by the authorizing
605	statute, that insurance must be in compliance with chapter 624,
606	chapter 626, chapter 627, or chapter 628 and with agency rules.
607	(8)  Upon application for initial licensure or change of
608	ownership licensure, the applicant shall furnish satisfactory
609	proof of the applicant's financial ability to operate in
610	accordance with the requirements of this part, authorizing
611	statutes, and applicable rules. The agency shall establish
612	standards for this purpose, including information concerning the
613	applicant's controlling interests. The agency shall also
614	establish documentation requirements, to be completed by each
615	applicant, that show anticipated provider revenues and
616	expenditures, the basis for financing the anticipated cash-flow
617	requirements of the provider, and an applicant's access to
618	contingency financing. A current certificate of authority,
619	pursuant to chapter 651, may be provided as proof of financial
620	ability to operate. The agency may require a licensee to provide
621	proof of financial ability to operate at any time if there is
622	evidence of financial instability, including, but not limited
623	to, unpaid expenses necessary for the basic operations of the
624	provider.
625	(9)  A controlling interest may not withhold from the
626	agency any evidence of financial instability, including, but not
627	limited to, checks returned due to insufficient funds,
628	delinquent accounts, nonpayment of withholding taxes, unpaid
629	utility expenses, nonpayment for essential services, or adverse
630	court action concerning the financial viability of the provider
631	or any other provider licensed under this part that is under the
632	control of the controlling interest. Any person who violates
633	this subsection commits a misdemeanor of the second degree,
634	punishable as provided in s. 775.082 or s. 775.083. Each day of
635	continuing violation is a separate offense.
636	(10)  The agency may not issue a license to a health care
637	provider subject to the certificate-of-need provisions in part I
638	of this chapter if the health care provider has not been issued
639	a certificate of need or an exemption. Upon initial licensure of
640	any such provider, the authorization contained in the
641	certificate of need shall be considered fully implemented and
642	merged into the license and shall have no force and effect upon
643	termination of the license for any reason.
644	408.811  Right of inspection; copies; inspection reports.--
645	(1)  An authorized officer or employee of the agency may
646	make or cause to be made any inspection or investigation deemed
647	necessary by the agency to determine the state of compliance
648	with this part, authorizing statutes, and applicable rules. The
649	right of inspection extends to any business that the agency has
650	reason to believe is being operated as a provider without a
651	license, but inspection of any business suspected of being
652	operated without the appropriate license may not be made without
653	the permission of the owner or person in charge unless a warrant
654	is first obtained from a circuit court. Any application for a
655	license issued under this part, authorizing statutes, or
656	applicable rules constitutes permission for an appropriate
657	inspection to verify the information submitted on or in
658	connection with the application.
659	(a)  All inspections shall be unannounced, except as
660	specified in s. 408.806.
661	(b)  Inspections for relicensure shall be conducted
662	biennially unless otherwise specified by authorizing statutes or
663	applicable rules.
664	(2)  Inspections conducted in conjunction with
665	certification may be accepted in lieu of a complete licensure
666	inspection. However, a licensure inspection may also be
667	conducted to review any licensure requirements that are not also
668	requirements for certification.
669	(3)  The agency shall have access to and the licensee shall
670	provide copies of all provider records required during an
671	inspection at no cost to the agency.
672	(4)(a)  Each licensee shall maintain as public information,
673	available upon request, records of all inspection reports
674	pertaining to that provider that have been filed by the agency
675	unless those reports are exempt from or contain information that
676	is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
677	Constitution or is otherwise made confidential by law. Effective
678	October 1, 2006, copies of such reports shall be retained in the
679	records of the provider for at least 3 years following the date
680	the reports are filed and issued, regardless of a change of
681	ownership.
682	(b)  A licensee shall, upon the request of any person who
683	has completed a written application with intent to be admitted
684	by such provider, any person who is a client of such provider,
685	or any relative, spouse, or guardian of any such person, furnish
686	to the requester a copy of the last inspection report pertaining
687	to the licensed provider that was issued by the agency or by an
688	accrediting organization if such report is used in lieu of a
689	licensure inspection.
690	408.812  Unlicensed activity.--
691	(1)  A person or entity may not offer or advertise services
692	that require licensure as defined by this part, authorizing
693	statutes, or applicable rules to the public without obtaining a
694	valid license from the agency. A licenseholder may not advertise
695	or hold out to the public that he or she holds a license for
696	other than that for which he or she actually holds the license.
697	(2)  The operation or maintenance of an unlicensed provider
698	or the performance of any services that require licensure
699	without proper licensure is a violation of this part and
700	authorizing statutes. Unlicensed activity constitutes harm that
701	materially affects the health, safety, and welfare of clients.
702	The agency or any state attorney may, in addition to other
703	remedies provided in this part, bring an action for an
704	injunction to restrain such violation, or to enjoin the future
705	operation or maintenance of the unlicensed provider or the
706	performance of any services in violation of this part and
707	authorizing statutes, until compliance with this part,
708	authorizing statutes, and agency rules has been demonstrated to
709	the satisfaction of the agency.
710	(3)  It is unlawful for any person or entity to own,
711	operate, or maintain an unlicensed provider. If after receiving
712	notification from the agency, such person or entity fails to
713	cease operation and apply for a license under this part and
714	authorizing statutes, the person or entity shall be subject to
715	penalties as prescribed by authorizing statutes and applicable
716	rules. Each day of continued operation is a separate offense.
717	(4)  Any person or entity that fails to cease operation
718	after agency notification may be fined $1,000 for each day of
719	noncompliance.
720	(5)  When a controlling interest or licensee has an
721	interest in more than one provider and fails to license a
722	provider rendering services that require licensure, the agency
723	may revoke all licenses and impose actions under s. 408.814 and
724	a fine of $1,000 per day, unless otherwise specified by
725	authorizing statutes, against each licensee until such time as
726	the appropriate license is obtained for the unlicensed
727	operation.
728	(6)  In addition to granting injunctive relief pursuant to
729	subsection (2), if the agency determines that a person or entity
730	is operating or maintaining a provider without obtaining a
731	license and determines that a condition exists that poses a
732	threat to the health, safety, or welfare of a client of the
733	provider, the person or entity is subject to the same actions
734	and fines imposed against a licensee as specified in this part,
735	authorizing statutes, and agency rules.
736	(7)  Any person aware of the operation of an unlicensed
737	provider must report that provider to the agency.
738	408.813  Administrative fines.--As a penalty for any
739	violation of this part, authorizing statutes, or applicable
740	rules, the agency may impose an administrative fine. Unless the
741	amount or aggregate limitation of the fine is prescribed by
742	authorizing statutes or applicable rules, the agency may
743	establish criteria by rule for the amount or aggregate
744	limitation of administrative fines applicable to this part,
745	authorizing statutes, and applicable rules. Each day of
746	violation constitutes a separate violation and is subject to a
747	separate fine. For fines imposed by final order of the agency
748	and not subject to further appeal, the violator shall pay the
749	fine plus interest at the rate specified in s. 55.03 for each
750	day beyond the date set by the agency for payment of the fine.
751	408.814  Moratorium; emergency suspension.--
752	(1)  The agency may impose an immediate moratorium or
753	emergency suspension as defined in s. 120.60 on any provider if
754	the agency determines that any condition related to the provider
755	or licensee presents a threat to the health, safety, or welfare
756	of a client.
757	(2)  A provider or licensee, the license of which is denied
758	or revoked, may be subject to immediate imposition of a
759	moratorium or emergency suspension to run concurrently with
760	licensure denial, revocation, or injunction.
761	(3)  A moratorium or emergency suspension remains in effect
762	after a change of ownership, unless the agency has determined
763	that the conditions that created the moratorium, emergency
764	suspension, or denial of licensure have been corrected.
765	(4)  When a moratorium or emergency suspension is placed on
766	a provider or licensee, notice of the action shall be posted and
767	visible to the public at the location of the provider until the
768	action is lifted.
769	408.815  License or application denial; revocation.--
770	(1)  In addition to the grounds provided in authorizing
771	statutes, grounds that may be used by the agency for denying and
772	revoking a license or change of ownership application include
773	any of the following actions by a controlling interest:
774	(a)  False representation of a material fact in the license
775	application or omission of any material fact from the
776	application.
777	(b)  An intentional or negligent act materially affecting
778	the health or safety of a client of the provider.
779	(c)  A violation of this part, authorizing statutes, or
780	applicable rules.
781	(d)  A demonstrated pattern of deficient performance.
782	(e)  The applicant, licensee, or controlling interest has
783	been or is currently excluded, suspended, or terminated from
784	participation in the state Medicaid program, the Medicaid
785	program of any other state, or the Medicare program.
786	(2)  If a licensee lawfully continues to operate while a
787	denial or revocation is pending in litigation, the licensee must
788	continue to meet all other requirements of this part,
789	authorizing statutes, and applicable rules and must file
790	subsequent renewal applications for licensure and pay all
791	licensure fees. The provisions of ss. 120.60(1) and
792	408.806(3)(c) shall not apply to renewal applications filed
793	during the time period in which the litigation of the denial or
794	revocation is pending until that litigation is final.
795	(3)  An action under s. 408.814 or denial of the license of
796	the transferor may be grounds for denial of a change of
797	ownership application of the transferee.
798	408.816  Injunctions.--
799	(1)  In addition to the other powers provided by this part,
800	authorizing statutes, and applicable rules, the agency may
801	institute injunction proceedings in a court of competent
802	jurisdiction to:
803	(a)  Restrain or prevent the establishment or operation of
804	a provider that does not have a license or is in violation of
805	any provision of this part, authorizing statutes, or applicable
806	rules. The agency may also institute injunction proceedings in a
807	court of competent jurisdiction when a violation of this part,
808	authorizing statutes, or applicable rules constitutes an
809	emergency affecting the immediate health and safety of a client.
810	(b)  Enforce the provisions of this part, authorizing
811	statutes, or any minimum standard, rule, or order issued or
812	entered into pursuant thereto when the attempt by the agency to
813	correct a violation through administrative sanctions has failed
814	or when the violation materially affects the health, safety, or
815	welfare of clients or involves any operation of an unlicensed
816	provider.
817	(c)  Terminate the operation of a provider when a violation
818	of any provision of this part, authorizing statutes, or any
819	standard or rule adopted pursuant thereto exists that materially
820	affects the health, safety, or welfare of a client.
821
822	Such injunctive relief may be temporary or permanent.
823	(2)  If action is necessary to protect clients of providers
824	from immediate, life-threatening situations, the court may allow
825	a temporary injunction without bond upon proper proofs being
826	made. If it appears by competent evidence or a sworn,
827	substantiated affidavit that a temporary injunction should be
828	issued, the court, pending the determination on final hearing,
829	shall enjoin the operation of the provider.
830	408.817  Administrative proceedings.--Administrative
831	proceedings challenging agency licensure enforcement action
832	shall be reviewed on the basis of the facts and conditions that
833	resulted in the agency action.
834	408.818  Health Care Trust Fund.--Unless otherwise
835	prescribed by authorizing statutes, all fees and fines collected
836	under this part, authorizing statutes, and applicable rules
837	shall be deposited into the Health Care Trust Fund, created in
838	s. 408.16, and used to pay the costs of the agency in
839	administering the provider program paying the fees or fines.
840	408.819  Rules.--The agency is authorized to adopt rules as
841	necessary to administer this part. Any licensed provider that is
842	in operation at the time of adoption of any applicable rule
843	under this part or authorizing statutes shall be given a
844	reasonable time under the particular circumstances, not to
845	exceed 6 months after the date of such adoption, within which to
846	comply with such rule, unless otherwise specified by rule.
847	408.820  Exemptions.--Except as prescribed in authorizing
848	statutes, the following exemptions shall apply to specified
849	requirements of this part:
850	(1)  Laboratories authorized to perform testing under the
851	Drug-Free Workplace Act, as provided under ss. 112.0455 and
852	440.102, are exempt from s. 408.810(5)-(10).
853	(2)  Birth centers, as provided under chapter 383, are
854	exempt from s. 408.810(7)-(10).
855	(3)  Abortion clinics, as provided under chapter 390, are
856	exempt from s. 408.810(7)-(10).
857	(4)  Crisis stabilization units, as provided under parts I
858	and IV of chapter 394, are exempt from s. 408.810(8)-(10).
859	(5)  Short-term residential treatment facilities, as
860	provided under parts I and IV of chapter 394, are exempt from s.
861	408.810(8)-(10).
862	(6)  Residential treatment facilities, as provided under
863	part IV of chapter 394, are exempt from s. 408.810(8)-(10).
864	(7)  Residential treatment centers for children and
865	adolescents, as provided under part IV of chapter 394, are
866	exempt from s. 408.810(8)-(10).
867	(8)  Hospitals, as provided under part I of chapter 395,
868	are exempt from s. 408.810(7)-(9).
869	(9)  Ambulatory surgical centers, as provided under part I
870	of chapter 395, are exempt from s. 408.810(7)-(10).
871	(10)  Mobile surgical facilities, as provided under part I
872	of chapter 395, are exempt from s. 408.810(7)-(10).
873	(11)  Private review agents, as provided under part I of
874	chapter 395, are exempt from ss. 408.806(7), 408.810, and
875	408.811.
876	(12)  Health care risk managers, as provided under part I
877	of chapter 395, are exempt from ss. 408.806(7), 408.810, and
878	408.811.
879	(13)  Nursing homes, as provided under part II of chapter
880	400, are exempt from s. 408.810(7).
881	(14)  Assisted living facilities, as provided under part
882	III of chapter 400, are exempt from s. 408.810(10).
883	(15)  Home health agencies, as provided under part IV of
884	chapter 400, are exempt from s. 408.810(10).
885	(16)  Nurse registries, as provided under part IV of
886	chapter 400, are exempt from s. 408.810(6) and (10).
887	(17)  Companion services or homemaker services providers,
888	as provided under part IV of chapter 400, are exempt from s.
889	408.810(6)-(10).
890	(18)  Adult day care centers, as provided under part V of
891	chapter 400, are exempt from s. 408.810(10).
892	(19)  Adult family-care homes, as provided under part VII
893	of chapter 400, are exempt from s. 408.810(7)-(10).
894	(20)  Homes for special services, as provided under part
895	VIII of chapter 400, are exempt from s. 408.810(7)-(10).
896	(21)  Transitional living facilities, as provided under
897	part VIII of chapter 400, are exempt from s. 408.810(7)-(10).
898	(22)  Prescribed pediatric extended care centers, as
899	provided under part IX of chapter 400, are exempt from s.
900	408.810(10).
901	(23)  Home medical equipment providers, as provided under
902	part X of chapter 400, are exempt from s. 408.810(10).
903	(24)  Intermediate care facilities for persons with
904	developmental disabilities, as provided under part XI of chapter
905	400, are exempt from s. 408.810(7).
906	(25)  Health care services pools, as provided under part
907	XII of chapter 400, are exempt from s. 408.810(6)-(10).
908	(26)  Health care clinics, as provided under part XIII of
909	chapter 400, are exempt from ss. 408.809 and 408.810(1), (6),
910	(7), and (10).
911	(27)  Clinical laboratories, as provided under part I of
912	chapter 483, are exempt from s. 408.810(5)-(10).
913	(28)  Multiphasic health testing centers, as provided under
914	part II of chapter 483, are exempt from s. 408.810(5)-(10).
915	(29)  Organ and tissue procurement agencies, as provided
916	under chapter 765, are exempt from s. 408.810(5)-(10).
917	Section 6.  Paragraph (b) of subsection (1) of section
918	400.801, Florida Statutes, is amended to read:
919	400.801  Homes for special services.--
920	(1)  As used in this section, the term:
921	(b)  "Home for special services" means a site licensed by
922	the agency prior to January 1, 2006, where specialized health
923	care services are provided, including personal and custodial
924	care, but not continuous nursing services.
925	Section 7.  Paragraphs (e) and (i) of subsection (4) of
926	section 400.9905, Florida Statutes, are amended, and paragraph
927	(k) is added to that subsection, to read:
928	400.9905  Definitions.--
929	(4)  "Clinic" means an entity at which health care services
930	are provided to individuals and which tenders charges for
931	reimbursement for such services, including a mobile clinic and a
932	portable equipment provider. For purposes of this part, the term
933	does not include and the licensure requirements of this part do
934	not apply to:
935	(e)  An entity that is exempt from federal taxation under
936	26 U.S.C. s. 501(c)(3) or s. 501(c)(4), an employee stock
937	ownership plan under 26 U.S.C. s. 409 that has a board of
938	trustees not less than two-thirds of which are Florida-licensed
939	health care practitioners and provides only physical therapy
940	services under physician orders, any community college or
941	university clinic, and any entity owned or operated by the
942	federal or state government, including agencies, subdivisions,
943	or municipalities thereof.
944	(i)  Entities that provide only oncology or radiation
945	therapy services by physicians licensed under chapter 458 or
946	chapter 459 or entities that provide oncology or radiation
947	therapy services by physicians licensed under chapter 458 or
948	chapter 459 which are owned by a corporation whose shares are
949	publicly traded on a recognized stock exchange.
950	(k)  Entities that provide licensed practitioners to staff
951	emergency departments or to deliver anesthesia services in
952	facilities licensed under chapter 395 and that derive at least
953	90 percent of their gross annual revenues from the provision of
954	such services. Entities claiming an exemption from licensure
955	under this paragraph must provide documentation demonstrating
956	compliance.
957	Section 8.  Paragraphs (f) through (s) of subsection (3) of
958	section 408.036, Florida Statutes, are redesignated as
959	paragraphs (g) through (t), respectively, and a new paragraph
960	(f) is added to that subsection to read:
961	408.036  Projects subject to review; exemptions.--
962	(3)  EXEMPTIONS.--Upon request, the following projects are
963	subject to exemption from the provisions of subsection (1):
964	(f)  For the creation of a single nursing home within a
965	district by combining licensed beds from two or more licensed
966	nursing homes within such district, regardless of subdistrict
967	boundaries, if 50 percent of the beds in the created nursing
968	home are transferred from the only nursing home in a county and
969	its utilization data demonstrate that it had an occupancy rate
970	of less than 75 percent for the 12-month period ending 90 days
971	before the request for the exemption. This paragraph is repealed
972	upon the expiration of the moratorium established in s.
973	651.1185(1).
974	Section 9.  Subsections (1) and (3) of section 408.831,
975	Florida Statutes, are amended to read:
976	408.831  Denial, suspension, or revocation of a license,
977	registration, certificate, or application.--
978	(1)  In addition to any other remedies provided by law, the
979	agency may deny each application or suspend or revoke each
980	license, registration, or certificate of entities regulated or
981	licensed by it:
982	(a)  If the applicant, licensee, or a licensee subject to
983	this part which shares a common controlling interest with the
984	applicant registrant, or certificateholder, or, in the case of a
985	corporation, partnership, or other business entity, if any
986	officer, director, agent, or managing employee of that business
987	entity or any affiliated person, partner, or shareholder having
988	an ownership interest equal to 5 percent or greater in that
989	business entity, has failed to pay all outstanding fines, liens,
990	or overpayments assessed by final order of the agency or final
991	order of the Centers for Medicare and Medicaid Services, not
992	subject to further appeal, unless a repayment plan is approved
993	by the agency; or
994	(b)  For failure to comply with any repayment plan.
995	(3)  This section provides standards of enforcement
996	applicable to all entities licensed or regulated by the Agency
997	for Health Care Administration. This section controls over any
998	conflicting provisions of chapters 39, 381, 383, 390, 391, 393,
999	394, 395, 400, 408, 468, 483, and 765 641 or rules adopted
1000	pursuant to those chapters.
1001	Section 10.  In case of conflict between the provisions of
1002	part II of chapter 408, Florida Statutes, and the authorizing
1003	statutes governing the licensure of health care providers by the
1004	Agency for Health Care Administration found in s. 112.0455 and
1005	chapters 383, 390, 394, 395, 400, 440, 483, and 765, Florida
1006	Statutes, the provisions of part II of chapter 408, Florida
1007	Statutes, shall prevail.
1008	Section 11.  All provisions that apply to the entities
1009	specified in s. 408.802, Florida Statutes, as created by this
1010	act, in effect on October 1, 2006, that provide for annual
1011	licensure fees are hereby adjusted to provide for biennial
1012	licensure fees with a corresponding doubling of the amount.
1013	Section 12.  The Legislature recognizes that there is a
1014	need to conform the Florida Statutes to the policy decisions
1015	reflected in this act and that there may be a need to resolve
1016	apparent conflicts between any changes or additions to the
1017	authorizing statutes, as defined in s. 408.803, Florida
1018	Statutes, or any other legislation that has been or may be
1019	enacted during 2006 and this chapter 408, Florida Statutes, as
1020	amended by this act. Therefore, in the interim between this act
1021	becoming a law and the 2007 Regular Session of the Legislature
1022	or an earlier special session addressing this issue, the
1023	Division of Statutory Revision shall provide the relevant
1024	substantive committees of the Senate and the House of
1025	Representatives with assistance, upon request, to enable such
1026	committees to prepare draft legislation to conform the Florida
1027	Statutes and any legislation enacted during 2006 to the
1028	provisions of this act.
1029	Section 13.  For the purpose of staggering license
1030	expiration dates, the Agency for Health Care Administration may
1031	issue a license for less than a 2-year period to those providers
1032	making the transition from annual to biennial licensure as
1033	authorized in this act. The agency shall charge a prorated
1034	licensure fee for this shortened period. This authority shall
1035	expire September 30, 2008.
1036	Section 14.  This act shall take effect October 1, 2006.

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