Senate Bill sb0760

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    Florida Senate - 2006                                   SB 760

    By Senator Saunders





    37-731-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to health profession continuing

  3         education; amending s. 456.013, F.S.; exempting

  4         certain licensees under ch. 458, F.S., relating

  5         to medical practice, from continuing education

  6         requirements; amending s. 456.031, F.S.;

  7         revising requirements for instruction on

  8         domestic violence; amending s. 456.033, F.S.;

  9         revising requirements for instruction on HIV

10         and AIDS for certain licensees; amending s.

11         464.013, F.S.; exempting certain licensees

12         under ch. 464, F.S., relating to nursing, from

13         continuing education requirements; providing an

14         effective date.

15  

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

17  

18         Section 1.  Subsection (6) of section 456.013, Florida

19  Statutes, is amended to read:

20         456.013  Department; general licensing provisions.--

21         (6)  As a condition of renewal of a license, the Board

22  of Medicine, the Board of Osteopathic Medicine, the Board of

23  Chiropractic Medicine, and the Board of Podiatric Medicine

24  shall each require licensees which they respectively regulate

25  to periodically demonstrate their professional competency by

26  completing at least 40 hours of continuing education every 2

27  years. Licensees under chapter 458 who provide proof of

28  current specialty board certification by a credentialing

29  agency approved by the respective licensing board shall be

30  exempt from this requirement. The boards may require by rule

31  that up to 1 hour of the required 40 or more hours be in the

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1  area of risk management or cost containment. This provision

 2  shall not be construed to limit the number of hours that a

 3  licensee may obtain in risk management or cost containment to

 4  be credited toward satisfying the 40 or more required hours.

 5  This provision shall not be construed to require the boards to

 6  impose any requirement on licensees except for the completion

 7  of at least 40 hours of continuing education every 2 years.

 8  Each of such boards shall determine whether any specific

 9  continuing education requirements not otherwise mandated by

10  law shall be mandated and shall approve criteria for, and the

11  content of, any continuing education mandated by such board.

12  Notwithstanding any other provision of law, the board, or the

13  department when there is no board, may approve by rule

14  alternative methods of obtaining continuing education credits

15  in risk management. The alternative methods may include

16  attending a board meeting at which another licensee is

17  disciplined, serving as a volunteer expert witness for the

18  department in a disciplinary case, or serving as a member of a

19  probable cause panel following the expiration of a board

20  member's term. Other boards within the Division of Medical

21  Quality Assurance, or the department if there is no board, may

22  adopt rules granting continuing education hours in risk

23  management for attending a board meeting at which another

24  licensee is disciplined, for serving as a volunteer expert

25  witness for the department in a disciplinary case, or for

26  serving as a member of a probable cause panel following the

27  expiration of a board member's term.

28         Section 2.  Section 456.031, Florida Statutes, is

29  amended to read:

30         456.031  Requirement for instruction on domestic

31  violence.--

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1         (1)(a)  The appropriate board shall require each person

 2  licensed or certified under chapter 458, chapter 459, part I

 3  of chapter 464, chapter 466, chapter 467, chapter 490, or

 4  chapter 491 to complete a 1-hour continuing education course,

 5  approved by the board, on domestic violence, as defined in s.

 6  741.28, no later than upon first renewal as part of biennial

 7  relicensure or recertification. The course shall consist of

 8  information on the number of patients in that professional's

 9  practice who are likely to be victims of domestic violence and

10  the number who are likely to be perpetrators of domestic

11  violence, screening procedures for determining whether a

12  patient has any history of being either a victim or a

13  perpetrator of domestic violence, and instruction on how to

14  provide such patients with information on, or how to refer

15  such patients to, resources in the local community, such as

16  domestic violence centers and other advocacy groups, that

17  provide legal aid, shelter, victim counseling, batterer

18  counseling, or child protection services.

19         (b)  Each such licensee or certificateholder shall

20  submit confirmation of having completed such course, on a form

21  provided by the board, when submitting fees for first each

22  biennial renewal.

23         (c)  The board may approve additional equivalent

24  courses that may be used to satisfy the requirements of

25  paragraph (a). Each licensing board that requires a licensee

26  to complete an educational course pursuant to this subsection

27  may include the hour required for completion of the course in

28  the total hours of continuing education required by law for

29  such profession unless the continuing education requirements

30  for such profession consist of fewer than 30 hours biennially.

31  

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1         (d)  Any person holding two or more licenses subject to

 2  the provisions of this subsection shall be permitted to show

 3  proof of having taken one board-approved course on domestic

 4  violence, for purposes of relicensure or recertification for

 5  additional licenses.

 6         (e)  Failure to comply with the requirements of this

 7  subsection shall constitute grounds for disciplinary action

 8  under each respective practice act and under s. 456.072(1)(k).

 9  In addition to discipline by the board, the licensee shall be

10  required to complete such course.

11         (2)  The board shall also require, as a condition of

12  granting a license under any chapter specified in paragraph

13  (1)(a), that each applicant for initial licensure under the

14  appropriate chapter complete an educational course acceptable

15  to the board on domestic violence which is substantially

16  equivalent to the course required in subsection (1). An

17  applicant who has not taken such course at the time of

18  licensure shall, upon submission of an affidavit showing good

19  cause, be allowed 6 months to complete such requirement.

20         (2)(3)(a)  In lieu of completing a course as required

21  in subsection (1), a licensee or certificateholder may

22  complete a course in end-of-life care and palliative health

23  care, if the licensee or certificateholder has completed an

24  approved domestic violence course in the immediately preceding

25  biennium.

26         (b)  In lieu of completing a course as required by

27  subsection (1), a person licensed under chapter 466 who has

28  completed an approved domestic-violence education course in

29  the immediately preceding 2 years may complete a course

30  approved by the Board of Dentistry.

31  

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1         (3)(4)  Each board may adopt rules to carry out the

 2  provisions of this section.

 3         (4)(5)  Each board shall report to the President of the

 4  Senate, the Speaker of the House of Representatives, and the

 5  chairs of the appropriate substantive committees of the

 6  Legislature by March 1 of each year as to the implementation

 7  of and compliance with the requirements of this section.

 8         Section 3.  Section 456.033, Florida Statutes, is

 9  amended to read:

10         456.033  Requirement for instruction for certain

11  licensees on HIV and AIDS.--

12         (1)  The appropriate board shall require each person

13  licensed or certified under chapter 457; chapter 458; chapter

14  459; chapter 460; chapter 461; chapter 463; part I of chapter

15  464; chapter 465; chapter 466; or part II, part III, part V,

16  or part X of chapter 468; or chapter 486 to complete a

17  continuing education educational course, approved by the

18  board, on human immunodeficiency virus and acquired immune

19  deficiency syndrome as part of biennial relicensure or

20  recertification. The course shall consist of education on the

21  modes of transmission, infection control procedures, clinical

22  management, and prevention of human immunodeficiency virus and

23  acquired immune deficiency syndrome. Such course shall include

24  information on current Florida law on acquired immune

25  deficiency syndrome and its impact on testing, confidentiality

26  of test results, treatment of patients, and any protocols and

27  procedures applicable to human immunodeficiency virus

28  counseling and testing, reporting, the offering of HIV testing

29  to pregnant women, and partner notification issues pursuant to

30  ss. 381.004 and 384.25.

31  

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1         (2)  Each such licensee or certificateholder shall

 2  submit confirmation of having completed said course, on a form

 3  as provided by the board, when submitting fees for each

 4  biennial renewal.

 5         (3)  The board shall have the authority to approve

 6  additional equivalent courses that may be used to satisfy the

 7  requirements in subsection (1). Each licensing board that

 8  requires a licensee to complete an educational course pursuant

 9  to this section may count the hours required for completion of

10  the course included in the total continuing educational

11  requirements as required by law.

12         (4)  Any person holding two or more licenses subject to

13  the provisions of this section shall be permitted to show

14  proof of having taken one board-approved course on human

15  immunodeficiency virus and acquired immune deficiency

16  syndrome, for purposes of relicensure or recertification for

17  additional licenses.

18         (5)  Failure to comply with the above requirements

19  shall constitute grounds for disciplinary action under each

20  respective licensing chapter and s. 456.072(1)(e). In addition

21  to discipline by the board, the licensee shall be required to

22  complete the course.

23         (6)  The board shall require as a condition of granting

24  a license under the chapters and parts specified in subsection

25  (1) that an applicant making initial application for licensure

26  complete an educational course acceptable to the board on

27  human immunodeficiency virus and acquired immune deficiency

28  syndrome. An applicant who has not taken a course at the time

29  of licensure shall, upon an affidavit showing good cause, be

30  allowed 6 months to complete this requirement.

31  

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1         (7)  The board shall have the authority to adopt rules

 2  to carry out the provisions of this section.

 3         (8)  The board shall report to the Legislature by March

 4  1 of each year as to the implementation and compliance with

 5  the requirements of this section.

 6         (9)(a)  In lieu of completing a course as required in

 7  subsection (1), the licensee may complete a course in

 8  end-of-life care and palliative health care, so long as the

 9  licensee completed an approved AIDS/HIV course in the

10  immediately preceding biennium.

11         (b)  In lieu of completing a course as required by

12  subsection (1), a person licensed under chapter 466 who has

13  completed an approved AIDS/HIV course in the immediately

14  preceding 2 years may complete a course approved by the Board

15  of Dentistry.

16         (10)  The following requirements apply to each person

17  licensed or certified under chapter 458, chapter 459, chapter

18  461, part I of chapter 464, or chapter 486:

19         (a)  Each person shall be required by the appropriate

20  board to complete a continuing education course described in

21  section (1) no later than upon first renewal.

22         (b)  Each person shall submit confirmation described in

23  subsection (2) when submitting fees for first renewal.

24         (c)  Each person shall be subject to sections (3), (4),

25  (5), (7), and (8).

26         (d)  In lieu of completing a course as required in

27  paragraph (a), each person may complete a course in

28  end-of-life care and palliative health care.

29         Section 4.  Subsection (3) of section 464.013, Florida

30  Statutes, is amended to read:

31         464.013  Renewal of license or certificate.--

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    Florida Senate - 2006                                   SB 760
    37-731-06                                               See HB




 1         (3)  The board shall by rule prescribe continuing

 2  education not to exceed 30 hours biennially as a condition for

 3  renewal of a license or certificate. The criteria for programs

 4  shall be approved by the board. Licensees who provide proof of

 5  current specialty board certification by a credentialing

 6  agency approved by the board shall be exempt from this

 7  requirement.

 8         Section 5.  This act shall take effect July 1, 2006.

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