Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1212
Senate . House
Comm: RCS .
The Committee on Appropriations (Bean) recommended the
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (g) of subsection (3) of section
6 20.43, Florida Statutes, is amended to read:
7 20.43 Department of Health.—There is created a Department
8 of Health.
9 (3) The following divisions of the Department of Health are
11 (g) Division of Medical Quality Assurance, which is
12 responsible for the following boards and professions established
13 within the division:
14 1. The Board of Acupuncture, created under chapter 457.
15 2. The Board of Medicine, created under chapter 458.
16 3. The Board of Osteopathic Medicine, created under chapter
18 4. The Board of Chiropractic Medicine, created under
19 chapter 460.
20 5. The Board of Podiatric Medicine, created under chapter
22 6. Naturopathy, as provided under chapter 462.
23 7. The Board of Optometry, created under chapter 463.
24 8. The Board of Nursing, created under part I of chapter
26 9. Nursing assistants, as provided under part II of chapter
28 10. The Board of Pharmacy, created under chapter 465.
29 11. The Board of Dentistry, created under chapter 466.
30 12. Midwifery, as provided under chapter 467.
31 13. The Board of Speech-Language Pathology and Audiology,
32 created under part I of chapter 468.
33 14. The Board of Nursing Home Administrators, created under
34 part II of chapter 468.
35 15. The Board of Occupational Therapy, created under part
36 III of chapter 468.
37 16. Respiratory therapy, as provided under part V of
38 chapter 468.
39 17. Dietetics and nutrition practice, as provided under
40 part X of chapter 468.
41 18. The Board of Athletic Training, created under part XIII
42 of chapter 468.
43 19. The Board of Orthotists and Prosthetists, created under
44 part XIV of chapter 468.
45 20. The Board of Applied Behavior Analysis, created under
46 chapter 470.
20. Electrolysis, as provided under chapter 478.
48 22. 21. The Board of Massage Therapy, created under chapter
50 23. 22. The Board of Clinical Laboratory Personnel, created
51 under part III of chapter 483.
52 24. 23. Medical physicists, as provided under part IV of
53 chapter 483.
54 25. 24. The Board of Opticianry, created under part I of
55 chapter 484.
56 26. 25. The Board of Hearing Aid Specialists, created under
57 part II of chapter 484.
58 27. 26. The Board of Physical Therapy Practice, created
59 under chapter 486.
60 28. 27. The Board of Psychology, created under chapter 490.
61 29. 28. School psychologists, as provided under chapter 490.
62 30. 29. The Board of Clinical Social Work, Marriage and
63 Family Therapy, and Mental Health Counseling, created under
64 chapter 491.
65 31. 30. Emergency medical technicians and paramedics, as
66 provided under part III of chapter 401.
67 Section 2. Subsection (4) of section 456.001, Florida
68 Statutes, is amended to read:
69 456.001 Definitions.—As used in this chapter, the term:
70 (4) “Health care practitioner” means any person licensed
71 under chapter 457; chapter 458; chapter 459; chapter 460;
72 chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
73 chapter 466; chapter 467; part I, part II, part III, part V,
74 part X, part XIII, or part XIV of chapter 468; chapter 470;
75 chapter 478; chapter 480; part III or part IV of chapter 483;
76 chapter 484; chapter 486; chapter 490; or chapter 491.
77 Section 3. Section 456.0135, Florida Statutes, is amended
78 to read:
79 456.0135 General background screening provisions.—
80 (1) An application for initial licensure received on or
81 after January 1, 2013, under chapter 458, chapter 459, chapter
82 460, chapter 461, chapter 464, or s. 465.022, or chapter 470
83 shall include fingerprints pursuant to procedures established by
84 the department through a vendor approved by the Department of
85 Law Enforcement and fees imposed for the initial screening and
86 retention of fingerprints. Fingerprints must be submitted
87 electronically to the Department of Law Enforcement for state
88 processing, and the Department of Law Enforcement shall forward
89 the fingerprints to the Federal Bureau of Investigation for
90 national processing. Each board, or the department if there is
91 no board, shall screen the results to determine if an applicant
92 meets licensure requirements. For any subsequent renewal of the
93 applicant’s license that requires a national criminal history
94 check, the department shall request the Department of Law
95 Enforcement to forward the retained fingerprints of the
96 applicant to the Federal Bureau of Investigation.
97 (2) All fingerprints submitted to the Department of Law
98 Enforcement as required under subsection (1) shall be retained
99 by the Department of Law Enforcement as provided under s.
100 943.05(2)(g) and (h) and (3). The department shall notify the
101 Department of Law Enforcement regarding any person whose
102 fingerprints have been retained but who is no longer licensed.
103 (3) The costs of fingerprint processing, including the cost
104 for retaining fingerprints, shall be borne by the applicant
105 subject to the background screening.
106 Section 4. Chapter 470, Florida Statutes, is created and
107 entitled “Behavior Analysts.”
108 Section 5. Section 470.40, Florida Statutes, is created to
110 470.40 Purpose.—The Legislature finds that the practice of
111 applied behavior analysis in this state by unskilled and
112 incompetent practitioners presents a danger to the health and
113 safety of the public. The Legislature finds further that it is
114 difficult for the public to make informed choices about behavior
115 analysts and that the consequences of a wrong choice could
116 endanger public health. This act is intended to protect the
117 public from the harmful conduct of unqualified, unprofessional,
118 or unethical behavior analysts.
119 Section 6. Section 470.41, Florida Statutes, is created to
121 470.41 Definitions.—As used in this chapter, the term:
122 (1) “Applied behavior analysis” means the design,
123 implementation, and evaluation of environmental modifications,
124 using behavioral stimuli and consequences, to produce socially
125 significant improvement in human behavior, including, but not
126 limited to, the use of direct observation, measurement, and
127 functional analysis of the relations between environment and
128 behavior. The term does not include psychological testing, the
129 diagnosis of a mental or physical disorder, neuropsychology,
130 psychotherapy, cognitive therapy, sex therapy, psychoanalysis,
131 hypnotherapy, or long-term counseling.
132 (2) “Board” means the Board of Applied Behavior Analysis
133 established in s. 470.415, except when the term is used in the
134 context of board certification.
135 (3) “Board-certified behavior analyst” means a practitioner
136 who is certified as a behavior analyst, or is recognized as a
137 Florida-certified behavior analyst, by the national Behavior
138 Analyst Certification Board (BACB).
139 (4) “Board-certified assistant behavior analyst” means a
140 practitioner who is certified by the national Behavior Analyst
141 Certification Board, as an assistant behavior analyst.
142 (5) “Department” means the Department of Health.
143 (6) “Licensed behavior analyst” means an individual who is
144 licensed by the board and meets the requirements of this
146 (7) “Licensed assistant behavior analyst” means an
147 individual who is licensed by the board as an assistant behavior
148 analyst and meets the requirements of this chapter.
149 Section 7. Section 470.415, Florida Statutes, is created to
151 470.415 Board of Applied Behavior Analysis.—
152 (1) The Board of Applied Behavior Analysis is created
153 within the department. The board consists of seven members
154 appointed by the Governor and confirmed by the Senate.
155 (2) The initial board members, who are not required to be
156 licensed as a condition of appointment, shall be appointed as
158 (a) Three board-certified behavior analysts, two of whom
159 must hold a doctoral level degree. One shall be appointed to a
160 4-year term, one shall be appointed to a 2-year term, and one
161 shall be appointed to a 1-year term;
162 (b) One board-certified assistant behavior analyst, who
163 shall be appointed to a 3-year term;
164 (c) One psychologist licensed pursuant to chapter 490 or
165 one clinical social worker, marriage and family therapist, or
166 mental health counselor licensed pursuant to chapter 491, who
167 shall be appointed to a 3-year term. The majority of the
168 appointee’s professional practice must be related to the
169 treatment of behavior disorders, including, but not limited to,
170 autism spectrum disorders; and
171 (d) Two laypersons, who may include a parent or guardian of
172 an individual who is a recipient of applied behavior analysis
173 services, one of whom shall serve a 4-year term, and one of whom
174 shall serve a 2-year term.
175 (3) As the terms of the initial members expire, the
176 Governor shall appoint successors for 4-year terms. Each
177 successor, except for the laypersons, must be licensed. A member
178 may not serve more than two consecutive terms.
179 Section 8. Section 470.42, Florida Statutes, is created to
181 470.42 Rulemaking authority.—
182 (1) The board has authority to adopt rules pursuant to ss.
183 120.536(1) and 120.54 to implement the provisions of this
184 chapter conferring duties upon it. Such rules must include, but
185 are not limited to, rules relating to:
186 (a) Standards of practice for licensed behavior analysts
187 and licensed assistant behavior analysts.
188 (b) Supervision of licensed assistant behavior analysts, or
189 students in training to be licensed behavior analysts or
190 licensed assistant behavior analysts, including the number of
191 persons that a licensed behavior analyst or licensed assistant
192 behavior analyst may supervise at one time.
193 (2) The department may adopt rules to implement the
194 provisions of this chapter conferring duties upon it. Such rules
195 shall include, but are not limited to, rules relating to
196 licensure and license renewal applications, processes, and fees.
197 Section 9. Section 470.43, Florida Statutes, is created to
199 470.43 Licensure.—
200 (1) The department shall license an applicant as a behavior
201 analyst if the applicant:
202 (a) Submits a completed application to the department using
203 a form approved by the board;
204 (b) Remits the appropriate fees; and
205 (c) Submits proof that the applicant is a board-certified
206 behavior analyst.
207 (2) The department shall license an applicant as an
208 assistant behavior analyst if the applicant:
209 (a) Submits a completed application to the department using
210 a form approved by the board;
211 (b) Remits the appropriate fees;
212 (c) Submits proof to the department that the applicant is a
213 board-certified assistant behavior analyst; and
214 (d) Identifies a supervising licensed behavior analyst who
215 is qualified to supervise the applicant under BACB requirements
216 and this chapter.
217 Section 10. Section 470.44, Florida Statutes, is created to
219 470.44 Renewal of license.—
220 (1) The department shall renew a license upon receipt of
221 proof that the applicant is certified by the BACB and a
222 completed renewal application and fee.
223 (2) The department shall adopt rules establishing a
224 procedure for the biennial renewal of licenses.
225 (3) The board shall by rule prescribe continuing education
226 not to exceed 32 hours required biennially as a condition for
227 renewal of a license as a behavior analyst, or not to exceed 20
228 hours required biennially as a condition for renewal of a
229 license as an assistant behavior analyst. The criteria for
230 continuing education programs shall be approved by the board.
231 The board may authorize by rule continuing education earned for
232 BACB certification to be used to meet the continuing education
233 requirements of this subsection.
234 Section 11. Section 470.45, Florida Statutes, is created to
236 470.45 Fees.—
237 (1) The board shall establish by rule a fee not to exceed
238 $100 for an application and a fee not to exceed $300 for an
239 initial license or licensure renewal.
240 (2) All moneys collected by the department under this
241 chapter shall be deposited in the Medical Quality Assurance
242 Trust Fund as provided under s. 456.025.
243 Section 12. Section 470.46, Florida Statutes, is created to
245 470.46 Disciplinary actions.—
246 (1) The following acts constitute grounds for denial of a
247 license or disciplinary action, as specified in s. 456.072(2):
248 (a) Attempting to obtain, obtaining, or renewing a license
249 under this chapter by bribery or fraudulent misrepresentation or
250 through an error of the board or the department.
251 (b) Having a license to practice a comparable profession
252 revoked, suspended, or otherwise acted against, including the
253 denial of certification or licensure by another state,
254 territory, or country.
255 (c) Being convicted or found guilty of, regardless of
256 adjudication, or having entered a plea of nolo contendere to, a
257 crime in any jurisdiction which directly relates to the practice
258 of his or her profession or the ability to practice his or her
259 profession. However, in the case of a plea of nolo contendere,
260 the board shall allow the person who is the subject of the
261 disciplinary proceeding to present evidence in mitigation
262 relevant to the underlying charges and circumstances surrounding
263 the plea.
264 (d) False, deceptive, or misleading advertising or
265 obtaining a fee or other thing of value on the representation
266 that beneficial results from any treatment will be guaranteed.
267 (e) Advertising, practicing, or attempting to practice
268 under a name other than one’s own.
269 (f) Maintaining a professional association with any person
270 who the applicant, licensee or has reason to believe, is in
271 violation of this chapter or of a rule of the department or the
273 (g) Knowingly aiding, assisting, procuring, or advising any
274 nonlicensed person to hold himself or herself out as licensed
275 under this chapter.
276 (h) Failing to perform any statutory or legal obligation
277 placed upon a person licensed under this chapter.
278 (i) Willfully making or filing a false report or record;
279 failing to file a report or record required by state or federal
280 law; willfully impeding or obstructing the filing of a report or
281 record; or inducing another person to make or file a false
282 report or record or to impede or obstruct the filing of a report
283 or record. Such report or record includes only a report or
284 record which requires the signature of a person licensed under
285 this chapter.
286 (j) Paying a kickback, rebate, bonus, or other remuneration
287 for receiving a patient or client, or receiving a kickback,
288 rebate, bonus, or other remuneration for referring a patient or
289 client to another provider of applied behavior analysis services
290 or to a provider of health care services or goods; referring a
291 patient or client to oneself for services on a fee-paid basis
292 when those services are already being paid for by some other
293 public or private entity; or entering into a reciprocal referral
295 (k) Committing any act upon a patient or client which would
296 constitute sexual battery or which would constitute sexual
297 misconduct. Sexual misconduct shall be defined by rule by the
299 (l) Making misleading, deceptive, untrue, or fraudulent
300 representations in the practice of any profession licensed under
301 this chapter.
302 (m) Soliciting patients or clients personally, or through
303 an agent, through the use of fraud, intimidation, undue
304 influence, or a form of overreaching or vexatious conduct.
305 (n) Failing to make available to a patient or client, upon
306 written request, copies of tests, reports, or documents in the
307 possession or under the control of the licensee which have been
308 prepared for and paid for by the patient or client.
309 (o) Failing to respond within 30 days to a written
310 communication from the department or the board concerning any
311 investigation by the department or the board, or failing to make
312 available any relevant records with respect to any investigation
313 about the licensee’s conduct or background.
314 (p) Being unable to practice the profession for which he or
315 she is licensed under this chapter with reasonable skill or
316 competence as a result of any mental or physical condition or by
317 reason of illness; drunkenness; or excessive use of drugs,
318 narcotics, chemicals, or any other substance. In enforcing this
319 paragraph, upon a finding by the State Surgeon General, the
320 State Surgeon General’s designee, or the board that probable
321 cause exists to believe that the licensee, is unable to practice
322 the profession because of the reasons stated in this paragraph,
323 the department shall have the authority to compel a licensee to
324 submit to a mental or physical examination by a physician
325 designated by the department or board. If the licensee refuses
326 to comply with such order, the department’s order directing the
327 examination may be enforced by filing a petition for enforcement
328 in the circuit court in the circuit in which the licensee
329 resides or does business. The licensee against whom the petition
330 is filed may not be named or identified by initials in any
331 public court records or documents, and the proceedings shall be
332 closed to the public. The department shall be entitled to the
333 summary procedure provided in s. 51.011. A licensee affected
334 under this paragraph shall at reasonable intervals be afforded
335 an opportunity to demonstrate that he or she can resume the
336 competent practice for which he or she is licensed with
337 reasonable skill and safety to patients.
338 (q) Performing any treatment or prescribing any therapy
339 which, by the prevailing standards of the behavior analysts in
340 the community, would constitute experimentation on human
341 subjects, without first obtaining full, informed, and written
343 (r) Failing to meet the minimum standards of performance in
344 professional activities when measured against generally
345 prevailing peer performance, including the undertaking of
346 activities for which the licensee is not qualified by training
347 or experience.
348 (s) Delegating professional responsibilities to a person
349 whom the licensee knows or has reason to know is not qualified
350 by training or experience to perform such responsibilities.
351 (t) Violating a rule relating to the regulation of the
352 profession or a lawful order of the department or the board
353 previously entered in a disciplinary hearing.
354 (u) Failure of the licensee to maintain in confidence a
355 communication made by a patient or client in the context of such
357 (v) Making public statements which are derived from test
358 data, client contacts, or behavioral research and which identify
359 or damage research subjects or clients.
360 (w) Violating any provision of this chapter or chapter 456,
361 or any rules adopted pursuant thereto.
362 (2) The department, or, in the case of, the board, may
363 enter an order denying licensure or imposing any of the
364 penalties in s. 456.072(2) against any applicant for licensure
365 or licensee who is found guilty of violating subsection (1) or
366 who is found guilty of violating s. 456.072(1).
367 Section 13. Section 470.47, Florida Statutes, is created to
369 470.47 Violations and penalties.—
370 (1) It is unlawful and a violation of this chapter for any
371 person to engage in the practice of applied behavior analysis,
372 assist in the practice of applied behavior analysis, render
373 services designated as applied behavior analysis, or represent
374 himself or herself as a practitioner of applied behavior
375 analysis in this state. Any person who violates any provision of
376 this subsection commits a felony of the third degree, punishable
377 as provided under s. 775.082, s. 775.083, or s. 775.084.
378 (2) It is unlawful and a violation of this chapter for any
379 person to use the following titles or any combination thereof,
380 unless she or he holds a valid, active license as a behavior
381 analyst or assistant behavior analyst pursuant to this chapter:
382 (a) “Licensed behavior analyst.”
383 (b) “Licensed assistant behavior analyst.”
384 (3) Any person who violates any provision of subsection (2)
385 commits a misdemeanor of the second degree, punishable as
386 provided in s. 775.082 or s. 775.083.
387 Section 14. Section 470.48, Florida Statutes, is created to
389 470.48 Exceptions to applicability.—This chapter does not
390 prohibit or restrict the practice of the following:
391 (1) An individual licensed pursuant to chapter 458 or
392 chapter 459.
393 (2) An individual licensed pursuant to part III of chapter
394 468 if the occupational therapist does not represent himself or
395 herself as a behavior analyst.
396 (3) An individual licensed under chapter 490 to practice
398 (4) An individual licensed pursuant to chapter 491 as a
399 clinical social worker, marriage and family therapist, or mental
400 health counselor.
401 (5) A certified teacher authorized to practice in this
402 state who is not a behavior analyst if he or she does not
403 represent himself or herself as a behavior analyst. The services
404 provided by a certified teacher must be within his or her
405 authorized scope of practice and within the scope of his or her
406 education, training, and experience and must be provided in the
407 course of his or her employment in a program approved by the
408 Department of Education. Teaching assistants, other than those
409 engaged in pupil personnel services, and student support
410 professionals are exempt from the requirements of this chapter
411 if they provide applied behavior analysis services under the
412 supervision of a certified teacher who meets the requirements of
413 this subsection.
414 (6) A behavior analyst or assistant behavior analyst who
415 practices with nonhuman clients, including, but not limited to,
416 applied animal behaviorists and animal trainers.
417 (7) An individual who teaches applied behavior analysis or
418 who conducts behavior analytic research if such teaching or
419 research does not involve the delivery of applied behavior
421 (8) A matriculated college or university student or
422 postdoctoral fellow whose activities are part of a defined
423 behavior analysis program of study, practicum, or intensive
424 practicum if his or her practice under this subsection is
425 directly supervised by a licensed behavior analyst or an
426 instructor of course sequence approved by the Behavior Analyst
427 Certification Board (BACB). A student or intern may not
428 represent himself or herself as a professional behavior analyst
429 but may use a title indicating his or her trainee status, such
430 as “behavior analyst student,” “behavior analyst intern,” or
431 “behavior analyst trainee.”
432 (9) An unlicensed individual pursuing supervised
433 experiential training to meet eligibility requirements for BACB
434 certification if such training is supervised by a licensed
435 behavior analyst or a licensed assistant behavior analyst who
436 meets BACB supervisor requirements and if the supervised
437 experience is conducted in accordance with other BACB standards
438 and requirements.
439 (10) A family member of a recipient of applied behavior
440 analysis services who implements certain procedures with the
441 recipient. Such a family member may not represent himself or
442 herself as a licensed behavior analyst or a licensed assistant
443 behavior analyst.
444 (11) A behavior analyst or assistant behavior analyst who
445 provides general behavior analysis services to organizations if
446 the services are for the benefit of the organizations and do not
447 involve direct services to individuals.
448 (12) A salaried employee of a private, nonprofit
449 organization providing behavior analysis services to children,
450 youth, and families if the services are provided for no charge,
451 the employee is performing duties for which he or she was
452 trained and hired, and the employee does not represent himself
453 or herself as a licensed behavior analyst or licensed assistant
454 behavior analyst.
455 (13) A school psychologist certified in school psychology
456 by the Department of Education who performs behavior analysis
457 services as an employee of a public or private educational
458 institution. Such exemption does not authorize unlicensed
459 practice that is not performed directly as an employee of an
460 educational institution.
461 (14) A rabbi, priest, minister, or member of the clergy of
462 a religious denomination or sect if engaging in activities that
463 are within the scope of the performance of his or her regular or
464 specialized ministerial duties and for which no separate fee is
465 charged, or if such activities are performed, with or without a
466 fee, for or under the auspices or sponsorship, individually or
467 in conjunction with others, of an established and legally
468 cognizable church, denomination, or sect; and if the person
469 rendering service remains accountable to the established
470 authority thereof.
471 Section 15. (1) For the 2014-2015 fiscal year, the sums of
472 $113,541 in recurring funds and $37,911 in nonrecurring funds
473 are appropriated from the Medical Quality Assurance Trust Fund
474 to the Department of Health, and two full-time equivalent
475 positions with associated salary rate of 70,359 are authorized,
476 for the purpose of implementing the regulatory provisions of
477 this act.
478 (2) For the 2015-2016 fiscal year, the sums of $77,266 in
479 recurring funds and $26,592 in nonrecurring funds from the
480 Medical Quality Assurance Trust Fund are appropriated to the
481 Department of Health for the purpose of implementing the
482 regulatory provisions of this act.
483 Section 16. This act shall take effect on January 1, 2015.
485 ================= T I T L E A M E N D M E N T ================
486 And the title is amended as follows:
487 Delete everything before the enacting clause
488 and insert:
489 A bill to be entitled
490 An act relating to behavior analysts; amending s.
491 20.43, F.S.; establishing the Board of Applied
492 Behavior Analysis within the Division of Medical
493 Quality Assurance; amending s. 456.001, F.S.;
494 including licensed behavior analysts and licensed
495 assistant behavior analysts in the definition of
496 “health care practitioner”; amending s. 456.0135,
497 F.S.; requiring an applicant for licensure under
498 chapter 470, F.S., to submit to certain fingerprinting
499 requirements; creating chapter 470, F.S.; entitling
500 the chapter; creating s. 470.40, F.S.; providing a
501 purpose; creating s. 470.41, F.S.; defining terms;
502 creating s. 470.415, F.S.; creating the Board of
503 Applied Behavior Analysis; providing for membership
504 and terms of members; creating s. 470.42, F.S.;
505 creating rulemaking authority for the board and the
506 department; creating s. 470.43, F.S.; providing
507 requirements for licensure as a behavior analyst or
508 assistant behavior analyst; creating s. 470.44, F.S.;
509 providing requirements for renewal of license;
510 creating s. 470.45, F.S.; establishing maximum fees
511 for applications, initial licenses, and license
512 renewals; requiring fees collected by the department
513 to be deposited in to a specified trust fund; creating
514 s. 470.46, F.S.; providing grounds for denial of
515 license or disciplinary action; creating s. 470.47,
516 F.S.; providing penalties for practicing applied
517 behavior analysis without a license or wrongfully
518 identifying oneself as a licensed behavior analyst or
519 licensed assistant behavior analyst; creating s.
520 470.48, F.S.; providing exceptions to applicability of
521 the chapter; providing appropriations and authorizing
522 positions; providing an effective date.