Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1212
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2014           .                                

       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
   10  established:
   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
   17  459.
   18         4. The Board of Chiropractic Medicine, created under
   19  chapter 460.
   20         5. The Board of Podiatric Medicine, created under chapter
   21  461.
   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
   25  464.
   26         9. Nursing assistants, as provided under part II of chapter
   27  464.
   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.
   47         21.20. Electrolysis, as provided under chapter 478.
   48         22.21. The Board of Massage Therapy, created under chapter
   49  480.
   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
  109  read:
  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
  120  read:
  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
  145  chapter.
  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
  150  read:
  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
  157  follows:
  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
  180  read:
  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
  198  read:
  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
  218  read:
  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
  235  read:
  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
  244  read:
  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
  272  board.
  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
  294  agreement.
  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
  298  board.
  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
  342  consent.
  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
  356  services.
  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
  368  read:
  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
  388  read:
  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
  397  psychology.
  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
  420  analysis.
  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.